India Trademark Cases
2,066 decisions indexed
Page 25 of 69 · 2,066 total
M/S Malabar Gold Private Limited v.Mr. M. Manuvel And Anr.
The Delhi High Court addressed interim applications in the trademark dispute between Malabar Gold Private Limited and Mr. M. Manuvel. The defendant argued that the existing injunction should be vacated because the plaintiff failed to disclose specific conditions imposed by the Trade Marks Registry regarding their trademarks, particularly concerning the exclusive right over 'M' or 'MALABAR'. The court accepted submissions from both parties and scheduled the matter for further hearing.
Rspl Limited v.Grindwell Norton Limited
Rspl Limited successfully settled its trademark infringement suit against Grindwell Norton Limited before the Delhi High Court. The parties reached a compromise where Grindwell Norton agreed not to manufacture or market products under deceptively similar marks (like 'COMPASS GHADI CHAP') in specific classes, while Rspl Limited withdrew its opposition and agreed not to seek damages. This resolution allows both parties to move forward without protracted litigation.
M/S Goodwill Polypast & Anr v.The Supreme Industries Ltd
This Delhi High Court order addresses a revision petition filed by M/S Goodwill Polypast & Anr against The Supreme Industries Ltd. The underlying suit concerns permanent injunctions related to trademark infringement and passing off. While an exemption application was allowed, the main stay application concerning the striking off of the defendant's defence has been listed for further consideration on March 24, 2023.
Fdc India (Franchise Development Consulting India) v.FDC Limited
The Delhi High Court addressed an appeal challenging a Single Judge's order that allowed the amendment of a plaint. The core dispute revolved around whether the plaintiff was correcting a mere factual error—mistakenly stating pending trademarks as registered—or making a substantive change. Citing Supreme Court precedents, the court upheld the legality of allowing the amendment but simultaneously balanced the equities by directing that the specific details provided in the amended plaint regarding the nature and status of the marks must be considered when deciding related applications like perjury pleas or stay vacation.
Bundl Technologies Private Limited v.Pankaj Garg & Anr.
Bundl Technologies Private Limited, the registered proprietor of the well-known trademark 'SWIGGY', initiated proceedings against Pankaj Garg & Anr. alleging dishonest adoption of the mark. The Delhi High Court issued directions to both parties regarding the procedural aspects of the case, including filing replies and rejoinders within specified timelines. The court also set dates for the completion of pleadings before the Joint Registrar and subsequent hearing before the Court.
Smt. Veena Kumaravel v.Acit, Central Circle - 2 (1)
Smt. Veena Kumaravel appealed an order confirming the levy of capital gains tax on Rs. 6.5 crores received from M/s Groom India Saloon & Spa Pvt. Ltd. The Assessing Officer and CIT(A) treated this amount as capital receipt upon transfer of trademark 'Naturals'. The assessee argued it was only a license deposit, not a sale or transfer.
Commissioner Of Service Tax, Kolkata v.M/s. McLeod Russel (India) Limited
The Revenue appealed an order dropping demands for Service Tax on royalties paid by M/s. McLeod Russel (India) Limited to a foreign company for using licensed trademarks and patents related to tea production. The Tribunal held that since the trade marks and patents were not registered in India, they did not qualify as Intellectual Property Rights under Indian law 'for the time being in force', thus making the royalty payment non-taxable.
Umaid Mohonot v.Union of India
The petitioners challenged a show cause notice issued by the Assistant Registrar of Trade Marks and GI regarding their registered trade mark 'ARROW'. The respondents argued that since the registration was allegedly erroneous (Government property), the petitioners should have defended their case before the Competent Authorities rather than filing a writ petition. The High Court dismissed the writ petition.
Umai Mohonot, Proprietor, M/s.Jay Plastic Company; Bijay Singh Mohonot, Proprietor, M/s.Jay Garment Accessories v.Union of India; Assistant Registrar of Trade Marks and GI; The Controller General of Patents Designs and Trade Marks
The petitioners challenged a show cause notice issued by the Assistant Registrar of Trade Marks regarding their registered trade mark 'ARROW'. The respondents argued that the government property had been erroneously registered. The Madras High Court dismissed the writ petition, stating it could not adjudicate disputed facts on merits and the petitioners should have participated in the adjudication process.
Aviral Education Welfare and Cultural Society v.Delhi Public School Society
This case involved a dispute arising from the termination of a Joint Venture Agreement between Aviral Education Welfare and Cultural Society (AEWCS) and Delhi Public School Society (DPSS). Following the termination, AEWCS continued operating as 'Delhi Public School, Sahibabad,' leading to concurrent litigation regarding trademark and copyright infringement. The court addressed both the contractual dispute and the IP misuse, ultimately finding that while the termination clause was binding, the public needed clarity regarding the school's affiliation status.
Umaid Mohonot, Proprietor, M/s.Jay Plastic Company v.Union of India
The petitioner challenged a show cause notice issued by the Assistant Registrar of Trade Marks and GI regarding their registered trade mark 'ARROW'. The respondents argued that the registration was erroneous as it related to government property. The High Court dismissed the writ petition, stating that the petitioner should have participated in the adjudication process rather than challenging the initial notice.
Umaid Mohonot v.Union of India
The petitioners, members of the Mohonot Family and M/s.Jay Group of Companies, challenged a show cause notice issued by the Assistant Registrar of Trade Marks regarding their registered trade mark 'ARROW'. The respondents argued that the registration was erroneous as the Government property should be preferred. The High Court dismissed the writ petition, stating it could not adjudicate disputed facts on merits.
Umai Mohonot, Proprietor, M/s.Jay Plastic Company v.Union of India
The petitioner challenged a show cause notice issued by the Assistant Registrar of Trade Marks and GI regarding the registration of their trade mark 'ARROW'. The respondents argued that the entry was erroneously registered as government property. The High Court dismissed the writ petition, stating that the petitioner should have participated in the adjudication process rather than challenging the initial show cause notice.
Umai Mohonot v.Union of India
The petitioners challenged a show cause notice issued by the Assistant Registrar of Trade Marks and GI regarding their registered trade mark 'ARROW'. The respondents argued that the registration was erroneous as the mark related to government property. The High Court dismissed the writ petition, stating that the petitioners should have participated in the adjudication process before the competent authorities.
Ms Bharat Irrigation Pvt. Ltd. v.The Controller General Of Patents Designs And Trade Marks Also Registrar Of Trade Marks & Anr.
The Delhi High Court addressed objections raised in a rectification petition concerning the trademark 'LUBI'. The respondents challenged the jurisdiction of the court, arguing that the registration occurred in Ahmedabad and not New Delhi. Furthermore, they contended that the petitioner's filing was barred by Section 124 of the Trade Marks Act, 1999, due to a prior pending suit in the District Court at Ahmedabad. Given these complex jurisdictional and procedural hurdles, the court decided to renotify the matter for further consideration.
Patanjali Ayurved Limited v.Yog Guru Ayurveda & Ors.
The Delhi High Court permitted Patanjali Ayurved Limited to amend its plaint in a trademark infringement suit against Yog Guru Ayurveda & Ors. The court found that the proposed amendments were procedural, correcting inadvertent errors and clarifying the scope of the claims without altering the substance or prejudice to the defendants. This allows the core dispute regarding alleged trademark infringement and passing off to proceed with more precise pleadings.
Sns Products Private Limited v.Ijazuddin
The Delhi High Court disposed of a commercial suit (CS(COMM) 34/2022) in favor of Sns Products Private Limited. The defendant, Ijazuddin, agreed to permanent injunctive relief for the plaintiff and consented to transferring all relevant trademark and copyright applications to the plaintiff. Consequently, the court passed a decree based on these terms, resolving the dispute.
Google Llc v.Google Enterprises Pvt Tld & Ors
The Delhi High Court ruled in favor of Google LLC against several defendants for trademark infringement and passing off. The court found that the defendants were colluding to misuse the globally recognized 'GOOGLE' mark on various websites, falsely suggesting an association with the multinational tech giant. Consequently, the suit was decreed, granting Google a permanent injunction, awarding damages of INR 10 lakhs, and directing the Department of Telecommunications (DoT) to block the infringing domain name.
Astral Limited & Anr. v.Astralglee & Ors.
The Delhi High Court disposed of the suit between Astral Limited and Astralglee following a comprehensive settlement agreement reached by both parties. The court decreed the suit in favor of the Plaintiffs against specific defendants (No. 1, 2, and 3) according to the terms of the settlement dated February 21, 2023. Notably, the judgment confirmed that one clause within the settlement—where Defendants admitted 'ASTRAL' is a well-known trademark—would legally bind them.
Pidilite Industries Limited v.Mr. X, Trading As, M/S Prabhat Store
In a trademark infringement case concerning Pidilite Industries Limited's products (FEWIKWIK and M-SEAL), the Delhi High Court granted an extension for its local commissioners. The court allowed the plaintiff to continue seizing counterfeit goods based on new market evidence, ensuring that enforcement actions could proceed until the next hearing date. This order maintains the status quo regarding anti-counterfeiting measures while allowing defendants time to prepare their defense.
Ticona Polymers, Inc. v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Ticona Polymers against the Registrar of Trade Marks' refusal to register the word mark 'COOLPOLY'. The court held that a trade mark cannot be dissected into its component parts (like COOL and POLY) when assessing inherent distinctiveness. Finding that 'COOLPOLY' as a whole was not descriptive, the High Court quashed the rejection order and remanded the application for further processing.
Twentieth Century Fox Film Corporation v.The Registrar
The Delhi High Court allowed Twentieth Century Fox Film Corporation's appeal, overturning the Trade Marks Registry's refusal to register a proposed mark. The court held that despite some phonetic similarity, the marks were not similar when viewed as a whole because the cited mark was a composite device containing unique visual elements (a sketch and bilingual text) absent in the appellant's mark. This ruling emphasizes that for trademark opposition under Section 11(1), the comparison must be holistic, preventing mere phonetic resemblance from leading to rejection.
Ozone Overseas Private Limited v.Sukkhjinder Singh Virdi & Ors.
The Delhi High Court framed issues in the suit filed by Ozone Overseas Private Limited against Sukhkjinder Singh Virdi & Ors. The litigation involves multiple IP claims, including infringement of the registered trademark OZONE/OZONE DEVICE and copyright infringement related to product catalogues and logos. Furthermore, the plaintiff has alleged passing off due to the defendants' use of near-identical materials. This order sets the stage for a full trial addressing territorial jurisdiction, ownership rights, and damages.
Astral Ltd v.Ashirvad Pipes Pvt Ltd
Astral Ltd filed a suit against Ashirvad Pipes Pvt Ltd, alleging that the defendant's use of the mark 'CPVC FLOWPRO' infringed upon Astral's reputation associated with its trademark 'CPVC PRO'. The core dispute centered on whether the similarity between the marks created a likelihood of confusion in the market. However, the court found that the plaintiff failed to establish a prima facie case for granting an interim injunction.
Sunit Shah v.Sunshine Food Products
The Delhi High Court addressed an appeal challenging a lower court's decision regarding the trademark 'HOT MIX'. While the appellant argued that the mark had acquired distinctiveness, the High Court agreed with the trial court's initial finding that 'HOT MIX' is descriptive of the namkeen product. However, recognizing the need for justice, the Court directed the Trial Court to expedite the remaining proceedings and decide the suit promptly.
Dabur India Limited v.Goodluck Ayurveda Private Limited
Dabur India Limited successfully secured a decree against Goodluck Ayurveda Private Limited regarding the infringement and passing off of its trademark 'HONITUS.' The dispute was amicably resolved through mediation, leading to a Settlement Agreement. Under this agreement, the Defendant acknowledged Dabur's rights, agreed to cease using the infringing packaging/label/trade dress, modified their product presentation, and paid Rs. 1,00,000/- to the Plaintiff.
Visage Beauty & Healthcare Pvt. Ltd. v.Herbal Carts & Ors.
The Delhi High Court issued several crucial interim orders in the trademark infringement suit, Visage Beauty & Healthcare vs Herbal Carts & Ors. The court directed Fashnear Technologies Pvt. Ltd., an e-commerce intermediary, to provide contact details of sellers listing infringing products on its platform. Furthermore, the court allowed the impleadment of a proposed defendant involved in alleged collusion and deferred the request by Facebook Inc. to modify existing interim injunction terms regarding 'similar' vs. 'identical' URLs.
Inbrew Beverages Pvt. Ltd. v.Mount Shivalik Industries Ltd. & Anr.
Inbrew Beverages Pvt. Ltd. filed a petition seeking the removal of an identical trademark from the register, arguing that their own mark was already registered. The Delhi High Court found a prima facie case in favor of Inbrew but granted Mount Shivalik Industries Ltd. an opportunity to respond before making a final decision on the removal prayer. This interim order sets the stage for further litigation regarding trademark rights.
Claridges Hotel Pvt Ltd v.Mr. Rajdeep Sharma & Anr.
Claridges Hotel Pvt Ltd filed a contempt petition alleging that Mr. Rajdeep Sharma and others were willfully disobeying a prior court order dated May 11, 2017. The original order required the respondents not to use the 'CLARIDGES' trademark. Claridges presented evidence showing the respondent continued using the trademark for a real estate project in advertisements. While the petition was filed alleging infringement and contempt, the Court issued directions for further proceedings rather than delivering a final judgment.
M/S M.M.I. Tobacco (P) Ltd. v.State Of U.P. And 11 Others
M/S M.M.I. Tobacco (P) Ltd. filed a writ petition seeking directions to state authorities to initiate proceedings against private respondents for alleged violations of the Trade Marks Act, 1999, and the Copyright Act, 1957. The petitioner sought mandatory action under both IP statutes. However, the Allahabad High Court dismissed the petition, holding that if any violation exists, the petitioner must pursue remedies through an FIR or other permissible legal actions, rather than seeking enforcement via writ jurisdiction.
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