India Trademark Cases

2,115 decisions indexed

Page 27 of 71 · 2,115 total

trademark dismissed · Mar 10, 2023

Umaid Mohonot v.Union of India

Madras High Court · 29012388

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.

trademark dismissed · Mar 10, 2023

Umai Mohonot, Proprietor, M/s.Jay Plastic Company v.Union of India

Madras High Court · 135126217

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.

trademark dismissed · Mar 10, 2023

Umai Mohonot v.Union of India

Madras High Court · 166478188

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.

trademark mixed · Mar 10, 2023

Ms Bharat Irrigation Pvt. Ltd. v.The Controller General Of Patents Designs And Trade Marks Also Registrar Of Trade Marks & Anr.

Delhi High Court - Orders · 155599980

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.

trademark mixed · Mar 2, 2023

Patanjali Ayurved Limited v.Yog Guru Ayurveda & Ors.

Delhi High Court - Orders · 73383547

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.

trademark plaintiff favorable · Mar 2, 2023

Sns Products Private Limited v.Ijazuddin

Delhi High Court - Orders · 180785879

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.

trademark plaintiff favorable · Mar 1, 2023

Google Llc v.Google Enterprises Pvt Tld & Ors

Delhi High Court · 80953306

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.

trademark settled · Mar 1, 2023

Astral Limited & Anr. v.Astralglee & Ors.

Delhi High Court - Orders · 167415134

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.

trademark mixed · Mar 1, 2023

Pidilite Industries Limited v.Mr. X, Trading As, M/S Prabhat Store

Delhi High Court - Orders · 159607141

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.

trademark plaintiff favorable · Feb 28, 2023

Ticona Polymers, Inc. v.Registrar Of Trade Marks

Delhi High Court · 199891203

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.

trademark plaintiff favorable · Feb 27, 2023

Twentieth Century Fox Film Corporation v.The Registrar

Delhi High Court · 125674682

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.

trademark mixed · Feb 24, 2023

Ozone Overseas Private Limited v.Sukkhjinder Singh Virdi & Ors.

Delhi High Court - Orders · 78551698

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.

trademark defendant favorable · Feb 23, 2023

Astral Ltd v.Ashirvad Pipes Pvt Ltd

Delhi High Court · 23042052

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.

trademark mixed · Feb 23, 2023

Sunit Shah v.Sunshine Food Products

Delhi High Court · 21148729

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.

trademark plaintiff favorable · Feb 22, 2023

Dabur India Limited v.Goodluck Ayurveda Private Limited

Delhi High Court - Orders · 154681313

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.

trademark mixed · Feb 22, 2023

Visage Beauty & Healthcare Pvt. Ltd. v.Herbal Carts & Ors.

Delhi High Court - Orders · 49518254

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.

trademark mixed · Feb 20, 2023

Inbrew Beverages Pvt. Ltd. v.Mount Shivalik Industries Ltd. & Anr.

Delhi High Court - Orders · 82884725

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.

trademark mixed · Feb 20, 2023

Claridges Hotel Pvt Ltd v.Mr. Rajdeep Sharma & Anr.

Delhi High Court - Orders · 196864514

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.

trademark defendant favorable · Feb 16, 2023

M/S M.M.I. Tobacco (P) Ltd. v.State Of U.P. And 11 Others

Allahabad High Court · 162300869

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.

trademark plaintiff favorable · Feb 16, 2023

American International School Chennai v.American International School Greater Noida & Ors.

Delhi High Court - Orders · 177786506

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.

trademark mixed · Feb 15, 2023

H.S. Sahni, Sole Proprietor M/S M. K. Auto Sales Corporation v.Saic Motor Corporation Limited & Ors.

Delhi High Court - Orders · 135333018

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.

trademark mixed · Feb 14, 2023

Winzo Games Private Limited v.Google Llc

Delhi High Court · 134900357

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.

trademark mixed · Feb 13, 2023

Exxon Mobil Corporation v.Mobilfuels Private Limited & Anr.

Delhi High Court - Orders · 81519514

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.

trademark mixed · Feb 10, 2023

Glaxo Group Limited v.Maiden Pharmaceuticals Limited

Delhi High Court - Orders · 185274355

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.

trademark mixed · Feb 10, 2023

Kamal Kumar & Ors. v.Jagteshwar Singh & Anr.

Delhi High Court - Orders · 191786511

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.

trademark mixed · Feb 9, 2023

Marico Limited v.Narico Agrovet Private Limited & Anr.

Delhi High Court - Orders · 159062991

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.

trademark plaintiff favorable · Feb 9, 2023

Jockey International Inc v.Domain Administrator & Ors.

Delhi High Court - Orders · 138825645

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.

trademark defendant favorable · Feb 8, 2023

M/S. Suparshva Swabs India v.Sh. Vipul Chhabra And Anr.

Delhi High Court - Orders · 190001098

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.

trademark plaintiff favorable · Feb 8, 2023

Chotiwala Food And Hotels Private Limited v.Chotiwala & Ors.

Delhi High Court - Orders · 150928484

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.

trademark plaintiff favorable · Feb 8, 2023

Hermes International & Anr. v.Crimzon Fashion Accessories Private Limited

Delhi High Court · 119361934

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.

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