India Trademark Cases
2,066 decisions indexed
Page 26 of 69 · 2,066 total
American International School Chennai v.American International School Greater Noida & Ors.
The Delhi High Court granted an interim injunction in favor of American International School Chennai against American International School Greater Noida. The court found a prima facie case of trademark infringement and passing off, noting that the defendant's use of the name 'American International School' was likely to deceive the public. This crucial early ruling protects the plaintiff's registered trademarks while the full litigation proceeds.
H.S. Sahni, Sole Proprietor M/S M. K. Auto Sales Corporation v.Saic Motor Corporation Limited & Ors.
The Delhi High Court addressed an interlocutory application filed by the plaintiff, H.S. Sahni, seeking a stay under Section 124 of the Trademarks Act, 1999. The court issued notice to the defendants and set the matter for return on July 4, 2023. This order indicates that the dispute regarding trademark rights is actively progressing through litigation.
Winzo Games Private Limited v.Google Llc
The Delhi High Court framed several key issues in the dispute between Winzo Games Private Limited and Google LLC regarding a warning displayed on Chrome Mobile Browser. The core questions revolve around whether this warning constitutes disparagement of WinZO's trademarks, amounts to trademark use under the Trade Marks Act, or violates contractual obligations. Both parties have been directed to file a joint schedule for recording evidence, signaling that the matter is moving into the substantive trial phase.
Exxon Mobil Corporation v.Mobilfuels Private Limited & Anr.
In this trademark dispute, Exxon Mobil Corporation challenged the use of an impugned mark by Mobilfuels Private Limited. While the defendant claimed to be giving up the mark, the court noted that the defendant had also filed a registration application which needed withdrawal. The court directed the defendant to place communication regarding the withdrawal on record and scheduled a future hearing specifically to address claims for costs and damages.
Glaxo Group Limited v.Maiden Pharmaceuticals Limited
The Delhi High Court addressed an application seeking interim injunctive relief regarding trademark infringement in the pharmaceutical sector. The court found prima facie substance in Glaxo Group Limited's claim against Maiden Pharmaceuticals Limited concerning the marks BETNOMAID and MEDNOVATE, ruling that these were deceptively similar to the plaintiff's registered trademarks (BETNESOL/BETNOVATE). Consequently, an injunction was granted restraining the defendant from using these specific marks pending the final suit. However, the court declined to grant an injunction against the mark BETASON.
Kamal Kumar & Ors. v.Jagteshwar Singh & Anr.
The Delhi High Court addressed an appeal filed by Kamal Kumar & Ors. against Jagteshwar Singh & Anr., which originated from a suit involving trademark and copyright infringement claims. The court noted that due to regulatory notifications, the matter needed specific handling within the IP division of the High Court. Consequently, the Registry was directed to re-register the appeal and schedule its hearing before the Intellectual Property Division on March 14, 2023.
Marico Limited v.Narico Agrovet Private Limited & Anr.
This Delhi High Court order addresses the ongoing trademark infringement suit filed by Marico Limited against Narico Agrovet Private Limited. The court was reviewing Defendant 1's compliance with a previous directive to change its company names to avoid infringing on Marico's registered trademark. However, the defendant raised procedural hurdles related to the unavailability of necessary e-forms from the Ministry of Corporate Affairs (MCA). Consequently, the Court directed the MCA to appear and clarify this position, ensuring that administrative difficulties do not impede the legal process.
Jockey International Inc v.Domain Administrator & Ors.
The Delhi High Court allowed Jockey International Inc's application to add domain name registrars and associated banks as additional defendants in its trademark infringement suit. The court granted crucial interim relief, directing the blocking and suspension of specific infringing domain names (www.jockeydealer.in and www.jockeyshops.in). Furthermore, it issued orders freezing bank accounts linked to these domains, significantly strengthening Jockey's ability to protect its 'JOCKEY' trademark against online infringement.
M/S. Suparshva Swabs India v.Sh. Vipul Chhabra And Anr.
The Delhi High Court dismissed the petitioner's request to cancel a registered trademark, finding no deceptive similarity between the marks. The court held that despite both marks starting with 'T' and ending with 'IP', the overall visual, phonetic, and structural differences were substantial enough to prevent consumer confusion. This ruling emphasizes that similarity must be assessed as a whole, not merely by common letters.
Chotiwala Food And Hotels Private Limited v.Chotiwala & Ors.
The Delhi High Court granted an interim injunction in favor of Chotiwala Food And Hotels Private Limited against Defendant No. 5, finding a prima facie case of trademark infringement and passing off. The Plaintiffs successfully demonstrated that their registered mark 'CHOTIWALA,' which has acquired significant goodwill over decades, was being deceptively used by the defendant. This order provides immediate protection to the established brand while the main litigation proceeds.
Hermes International & Anr. v.Crimzon Fashion Accessories Private Limited
The Delhi High Court ruled in favor of Hermes International, declaring its 'H' trade mark as a well-known trademark. The court meticulously examined five factors outlined in Section 11(6) of the Trade Marks Act, including global promotion, extensive use since 1997, international registrations across numerous countries, and successful enforcement actions abroad. This judgment solidifies the legal standing of globally recognized luxury brands within India.
Tata Sia Airlines Limited v.Vistara Media Private Limited
In a matter concerning trademark disputes, the Delhi High Court issued an order on April 2, 2024. The court addressed the Plaintiff's concerns regarding ongoing trademark filings by the Defendant through 'VISTARA PRAKASHANA LLP'. Upon receiving notice, the Defendant stated its intention to dissolve the LLP and withdraw all related trademark applications. Consequently, the court determined that no immediate directions were necessary for the Plaintiff at this juncture.
The Capital Group Companies, Inc v.Ashok Kumar & Ors
The Delhi High Court addressed a request by an intermediary (Defendant No. 11) seeking to modify its obligations under trademark infringement proceedings involving 'CAPITAL ONE.' The Court rejected the plea for extended compliance time, emphasizing that due to the nature of the case—which involves fraudulent ponzi/pyramid schemes proliferating on social media like Telegram—swift action is imperative. Consequently, the court reinforced the existing order, mandating Defendant No. 11 to take down infringing accounts within 72 working hours upon receiving a complaint from the Plaintiff.
Calvin Klein Trademark Trust & Anr. v.M/S. R.J Enterprises & Ors.
In a trademark infringement suit brought by Calvin Klein Trademark Trust against M/S. R.J Enterprises, the Delhi High Court facilitated a potential settlement pathway. The court noted that Defendant No. 1 offered an undertaking to cease using the disputed marks if the Plaintiff waived their claim for damages. The Plaintiff agreed to this condition provided the Defendant paid INR 75,000/- towards local commission charges. This order sets the stage for further negotiation and resolution of the dispute.
Mohan Breweries And Distilleries Limited v.M.P.Beer Products Private Limited
Mohan Breweries And Distilleries Limited filed a civil suit against M.P.Beer Products Private Limited, seeking permanent injunctions, damages, and accounts of profits for infringement of its registered trademarks, designs, and copyright related to beer bottles. The plaintiffs alleged that the defendant was passing off their products as those of Mohan Breweries. However, due to the plaintiff's failure to prosecute the case effectively before the court, the Madras High Court dismissed the suit.
Consitex S.A. v.Sharad Rampal Jain And Sudeep Gautamchand Dhing Trading As Siesta Pharmaceuticals & 1 other(s)
The Gujarat High Court disposed of the Rectification Application (C/RA/50/2022) filed by Consitex S.A. The application sought action regarding a trademark, but the petitioner subsequently informed the court that the trademark in question had already been removed by the Registry. Consequently, the court allowed the withdrawal of the application.
M/S Luxottica Group S.P.A & Anr v.M/S Deals Cracker & Anr
The Delhi High Court confirmed an existing ex-parte injunction granted against the defendants in a trademark infringement suit brought by Luxottica Group S.P.A regarding its 'RAY-BAN' brand. The court proceeded to frame several key issues, including whether the defendant website (Shopclues) has infringed or committed passing off, and specifically addressed the defense of being merely an intermediary under the IT Act. This marks a significant step toward the trial phase of the dispute.
ITC Limited v.Raj Kumar Mittal & Ors.
The Delhi High Court addressed two separate applications in the dispute between ITC Limited and Raj Kumar Mittal & Ors. Regarding a request to use a new label, the court found that the proposed packaging did not appear deceptively similar to ITC's marks, thereby lifting the existing ad-interim injunction for this specific design. Separately, the Court initiated proceedings against Mr. Prem Chand Mittal for alleged assault and deliberate disobedience of previous orders.
M/S.Avon Emery Industries v.Sabko Industries
The Rajasthan High Court dismissed a writ petition filed by M/S. Avon Emery Industries against an earlier ruling that rejected its application under Section 124 of the Trademarks Act, 1999. The court affirmed the trial court's decision after considering arguments from both sides regarding whether the original suit included claims for trademark infringement or only passing off. Given the respondent's clarification that the suit was solely for passing off, the High Court found no grounds to interfere with the lower court's order.
Sporta Technologies Pvt. Ltd. v.Anil Pendela
The Delhi High Court granted an ex parte ad interim injunction in favor of Sporta Technologies against Anil Pendela regarding trademark infringement and passing off. The plaintiffs, owners of the 'Dream11' brand, successfully argued that the defendant's use of 'Dreamz11 Sports' and the tagline 'Khelo Dil Se' was deceptively similar to their registered marks. Consequently, the court restrained the defendant from using these infringing marks and ordered the suspension of the associated domain name and takedown of social media pages.
Zippo Manufacturing Company v.Raja Bhai Traders & Anr
In a significant ruling, the Delhi High Court granted an interim injunction to Zippo Manufacturing Company, restraining Defendant No. 3 from manufacturing or selling counterfeit ZIPPO lighters and related goods bearing deceptively similar trademarks. Crucially, the court clarified that this order does not impede the defendant's sale of genuine products. Separately, the court initiated contempt proceedings against Defendants No. 1 and 2 for alleged violation of previous orders, keeping the litigation active.
Apar Industries Limited v.Sh Rummy Chhabra
The Delhi High Court disposed of an appeal concerning a trademark infringement dispute involving the mark "VELLO." Although initially facing an ex-parte injunction against using the mark, Apar Industries Limited voluntarily acknowledged that 'VELO' belonged exclusively to Sh Rummy Chhabra. The court accepted detailed undertakings from Apar, which included ceasing all use of the mark, withdrawing its pending trademark application, and selling off existing stock within a year. Consequently, the underlying suit was decreed based on these mutual commitments.
M/S Eureka Forbes Limited v.Vaibhav Agro Industries
The Delhi High Court ruled in favor of Eureka Forbes Limited, granting a permanent and mandatory injunction against Vaibhav Agro Industries for trademark infringement. The court found that the Defendant's use of 'AquaSure' on packaged drinking water was deceptively similar to the Plaintiff's registered trademarks. While the claim for copyright infringement failed due to lack of similarity in artistic works, the core trademark infringement suit was successfully decreed.
Corza International And Ors v.Future Bath Products Pvt Ltd And Anr
The Delhi High Court upheld an interim injunction favoring the plaintiff in a trademark dispute concerning the marks 'CORZA' and 'CORSA'. Despite arguments from the appellants regarding geographical limitations and product differences, the court found prima facie phonetic, structural, and visual similarity between the two marks. The judgment reinforces that registered proprietors can sue other registered proprietors for deceptive similarity, even if they are both registered owners.
Indiyaa Distribution Network LLP v.TVC Life Sciences Ltd & Anr
The Delhi High Court ruled in favor of Indiyaa Distribution Network LLP, granting a permanent injunction against TVC Life Sciences Ltd and others. The dispute centered on trademark infringement concerning Ayurvedic joint pain relief oils. The court found that the defendants' mark, 'SANDHEE SUDDHAM,' was deceptively similar to the plaintiff's established mark, 'SANDHI SUDHA.' This decision reinforces the importance of prior use and goodwill in protecting brand identity within the pharmaceutical sector.
Virendra Kumar Gupta Trading As M/S Burger King v.Union Of India Through The Secretary & Ors.
This Delhi High Court order addresses a Writ Petition filed by Burger King, challenging the registration of a trademark. The petitioner argued that the Registry ignored their prior Notices of Opposition when granting registration to Respondent No. 4. However, the court noted that since the registration occurred before a key precedent was set, counsel for the respondent suggested that rectification might be the appropriate remedy instead of continuing with the current writ petition. The matter has been listed for further arguments.
M/S Liberty Footwear Company v.M/S Liberty International
This case involved a suit filed by M/S Liberty Footwear Company against M/S Liberty International, alleging unauthorized use and infringement of the registered trademark 'LIBERTY' in the footwear sector. The core dispute centered on whether the claims of trademark infringement could be subjected to arbitration as stipulated in an underlying Partnership Deed. The court ultimately allowed the defendant's application under Section 8 of the Arbitration Act, referring the parties to arbitration.
Aurorax Private Limited v.Bharatx Accelerator & Ors.
The Delhi High Court granted an interim injunction in favor of Aurorax Private Limited against Bharatx Accelerator & Ors. The plaintiff, a leading fintech start-up, sought protection for its registered trademark 'BHARATX' which it has used since 2019. The court found that the defendants were using similar marks and domain names, causing market confusion, and consequently restrained them from further use of the infringing trademarks until the final hearing.
M/S V-Guard Industries Ltd. v.M/S Livguard Energy Technologies Pvt Ltd
The Delhi High Court allowed an appeal filed by V-Guard Industries against an order that deemed its trademark opposition abandoned. The court held that the strict interpretation of 'leave with the Registrar' in the Trade Marks Rules should not lead to the evisceration of a citizen's valuable commercial right to oppose registration. Despite the evidence being received three days late, the High Court set aside the abandonment order and directed the Deputy Registrar to proceed with considering V-Guard's opposition.
V-Guard Industries Ltd. v.The Registrar of Trademarks and Livguard Energy Technologies Pvt. Ltd.
The Delhi High Court issued an order in V-Guard Industries Ltd. vs The Registrar of Trademarks and Livguard Energy Technologies Pvt. Ltd., directing that the present appeal be listed along with another case for a final hearing on January 6, 2023. This interim order manages the procedural timeline of the ongoing trademark dispute between the parties.
Facing a trademark dispute?
Arctic's TM litigation team handles ~120 trademark matters per year across India, EU, and UK. From oppositions to infringement actions, we build winning arguments from precedent.