India Trademark Cases
3,667 decisions indexed
Page 29 of 123 · 3,667 total
Girnar Food & Beverages Pvt. Ltd. v.The Registrar Of Trade Marks & Anr.
The Calcutta High Court allowed the appeal filed by Girnar Food & Beverages Pvt. Ltd., setting aside an earlier rejection of its opposition against a competing trademark application. The court found that the respondent's mark, which featured an elephant device and the word 'Haathi,' was deceptively similar to the appellant's registered 'JUMBO' mark for tea and spices. Given that both parties operate in the same market and consumers associate the elephant motif with the goods, the court ruled that the similarity would inevitably lead to consumer confusion.
Amir Biri Factory And Ors. v.Sk Faruk
The Calcutta High Court disposed of a trademark infringement suit between Amir Biri Factory And Ors. and Sk Faruk after both parties reached a comprehensive settlement agreement. The core of the settlement involves Sk Faruk agreeing to cease using certain disputed marks (like 'JULFIKAR TARE A-1 KHAINI') in connection with goods outside Chewing Tobacco/Khaini, while also accepting modifications to their mark usage. Furthermore, Sk Faruk committed to exhausting existing stock within one month and agreed not to raise further legal claims related to the dispute.
Seiwa Kasei Co. Ltd. v.Registrar Of Trade Marks
The Bombay High Court set aside the provisional refusal orders issued by the Registrar of Trade Marks against Seiwa Kasei Co. Ltd.'s trademark application 'PHYTOCUTICLE'. The court found that the original orders were cryptic, lacked reasoning, and failed to consider the petitioner's arguments regarding the mark's distinctiveness. Furthermore, the court ruled that mere uploading of decisions on the website does not constitute proper communication under the Trademarks Rules, 2017, thus validating the timely filing of the petition. The matter has been remanded for fresh consideration by a new officer.
Ashish Anilkumar Desai (M/s. Sujanil Chemo Industries) v.M/S.Maas Herbals Private Limited
The Madras High Court dismissed the Original Petition filed by Ashish Anilkumar Desai against M/S. Maas Herbals Private Limited. The petition sought rectification and cancellation of the trademark 'LICYL' from the register, citing issues with Registration No.2089321. Crucially, the court noted that despite multiple opportunities and service of notice, the petitioner failed to appear for hearing. Consequently, the case was dismissed purely on grounds of non-prosecution.
Skoda Auto A.S. v.M.R.Sanjeevi
Skoda Auto A.S. filed a suit against M.R. Sanjeevi and others, alleging infringement and passing off concerning its well-known trade mark 'SKODA' and its logo. The plaintiff sought permanent injunctions and damages for unauthorized use of similar marks. However, on the date of hearing (June 11, 2024), the court noted that the plaintiff had failed to file the required proof affidavit for chief examination as directed by the Court. Consequently, the suit was dismissed for default.
M/s. Vemula Buchamma And Sons v.Vemula Manikyam
The Madras High Court dismissed an Original Petition filed by M/s. Vemula Buchamma And Sons against Vemula Manikyam and the Registrar of Trade Marks. The petitioner sought the removal or cancellation of the trademark 'KISMAT BEEDI' from the register, citing concerns over maintaining the purity of the register. However, due to the petitioner's failure to appear for hearing despite being duly served notice, the court dismissed the petition for non-prosecution.
M/S. Chandras Chemical Enterprises Pvt. Ltd. v.The Registrar Of Trade Marks And Ors
The Calcutta High Court issued a directive in the matter concerning the registration of the mark "DENSEAL (Gom.Dev)". Noting that the Registrar of Trade Marks had failed to transmit the original case record despite previous court directions, the Court granted a final opportunity. The Registrar was ordered to submit the complete record by August 19, 2024, with a warning that failure to comply would result in mandatory appearance before the Court on August 27, 2024.
Prabhu Soap Works v.The Commissioner of GST and Central Excise
Prabhu Soap Works challenged the department's demand for service tax levied on notional interest, arguing that permitting its wife's concern to use its registered brand names did not constitute a taxable Intellectual Property Service. The Tribunal found that since no consideration was charged for the alleged IPR service, the departmental assessment based on notional interest and cost-based valuation was unsustainable. Consequently, the appeal was allowed.
Tintometer India Pvt.Ltd v.M/s Wensar Weighing Scales Limited
The Madras High Court partially decreed the suit filed by Tintometer India Pvt.Ltd against M/s Wensar Weighing Scales Limited regarding trademark infringement. The court granted permanent injunctions restraining the defendants from using or passing off the identical mark 'TINTOMETER' in relation to colorimeter products, and ordered the surrender of infringing materials for destruction. While rejecting the claim for specific damages, the court passed a preliminary decree compelling the defendants to render true accounts of profits made through the use of the disputed trademark.
Ashim Gujral v.Moti Mahal Delux Management Services Private Limited & Anr.
Ashim Gujral has initiated legal action against Moti Mahal Delux Management Services regarding the registration of the trademark 'MOTI MAHAL GROUP'. The petitioner asserts co-ownership of the 'MOTI MAHAL' mark and claims that Respondent No. 1 obtained the impugned registration by making false statements, relying on the petitioner's rights without consent. The court has issued notice to both parties, setting the stage for formal opposition proceedings.
Roppen Transportation Services Private Limited v.Mr. Nipun Gupta & Anr.
Roppen Transportation Services Private Limited filed a petition seeking the removal of an allegedly infringing trademark, 'RAPIDO' (No. 4459206), registered in Class 39. The Delhi High Court proceeded with issuing notice to all permissible parties, setting the matter for return on September 24, 2024. While procedural applications regarding document filing were addressed, the core dispute over trademark cancellation is now moving forward.
GTZ India Pvt. Ltd. v.Artek Surfins Chemicals Ltd. & Anr.
The Delhi High Court dismissed an appeal filed by GTZ India Pvt. Ltd. against a commercial court order that granted an injunction to Artek Surfins Chemicals Ltd. The dispute centered on the use of specific alphanumeric codes (e.g., '786', '2048M') in chemical products. The court found prima facie evidence that GTZ copied these unique alpha numerals, which are used by Artek as source identifiers for their goods, thereby establishing a case of both trademark infringement and passing off.
Ranjit Prasad Mathuri v.Gopal Choudhary & Anr.
The Delhi High Court granted an ex parte ad interim injunction in favor of the plaintiff, Ranjit Prasad Mathuri, against the defendants. The court found that the plaintiff had made out a prima facie case for trademark infringement concerning his 'GS GULAB BIDI 755' mark. This immediate relief restrains the defendants from manufacturing or dealing in bidis using marks identical or deceptively similar to the plaintiff's registered trade mark, pending further proceedings.
Malhotra Surgical Industries v.Dharam Pal Singh Bhatia & Anr.
In this trademark infringement matter, the Delhi High Court issued interim directions concerning the online sale of 'MICROTONE' products. While the defendant undertook not to sell or distribute the impugned goods, the plaintiff noted that the products remained available on various e-commerce platforms. Consequently, the court directed both parties to file detailed affidavits—the plaintiff detailing current infringing listings and the defendants naming all distributors—to allow for further appropriate judicial action.
Jrpl Riceland Llp v.Crop India Agro Pvt Ltd
The Delhi High Court granted an ex-parte ad-interim injunction favoring Jrpl Riceland LLP against Crop India Agro Pvt Ltd. The court found that the Defendant's subsequent adoption of a deceptively similar trademark ('2') for rice constituted passing off, given the Plaintiff's established goodwill and senior user status with their mark ('9090'). This interim relief prevents the defendant from using the infringing mark while the main suit proceeds.
Radico Khaitan Ltd v.Superior Industries Ltd
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Radico Khaitan Ltd against Superior Industries Ltd. The court found that the Defendant's use of 'GREAT GRAND MASTI' for alcoholic beverages was highly likely to cause confusion and constitute trademark infringement or passing off against the Plaintiff's established mark, 'MASTIH'. This interim order immediately restricts the defendant from manufacturing or selling products bearing the impugned marks until the final hearing.
M/S Nakoda Food Marketing & Ors. v.M/S Mahesh Edible Oil Industries Limited
The Delhi High Court addressed an application filed by the respondent seeking interim relief in a trademark dispute. The court noted that while the respondent's mark is registered and well-known, the appellants' mark was unregistered and had previously been withdrawn from registration. Consequently, the court declined to grant any ad interim order at this stage but directed the appellants to file detailed documentation regarding their prior use and application history for future consideration.
Ds Agrifoods Private Limited v.M/S Singhal Enterprises & Ors.
The Delhi High Court granted an ad-interim ex-parte injunction in favor of Ds Agrifoods Private Limited against M/S Singhal Enterprises & Ors. The court found that the Defendant's use of the mark 'DOODMALAI' and its associated trade dress was deceptively similar to the Plaintiff's established trademark 'DOONMALAI'. Given the phonetic, visual, and structural similarity, coupled with a prior business relationship suggesting bad faith, the court ruled that the Defendants were passing off their goods. This interim order protects the Plaintiff's market standing until the final hearing.
Tata Sia Airlines Limited v.Vistara Property Services Llp
The Delhi High Court granted an ex-parte ad interim injunction in favor of Tata Sia Airlines Limited against Vistara Property Services Llp. The court found that the plaintiff had made out a prima facie case regarding trademark infringement, specifically concerning the use of 'VISTARA GETAWAYS' and similar marks by the defendant across various online platforms. This immediate relief aims to prevent irreparable harm while the main suit proceeds.
Hell Energy Magyarorszag Kft. & Anr. v.National Internet Exchange Of India (NIXI) & Ors.
The Delhi High Court granted urgent interim relief in favor of Hell Energy Magyarorszag Kft., addressing the misuse of its 'HELL' trademark by imposters operating fraudulent websites. The court directed domain registrars to block infringing domains, mandated banks to freeze suspicious accounts, and ordered telecom providers and government agencies (MeitY/DoT) to take steps to disable mobile numbers and block website access. This decisive order aims to protect the plaintiff's brand reputation and prevent further financial fraud.
Abbott Products Operations Ag v.Mr. Muheen Khan & Anr.
The Delhi High Court allowed the petition filed by Abbott Products Operations Ag to cancel the trademark registration 'DUFAKWIK' (No. 4459400) in Class 05. The cancellation was achieved through a mutual agreement, as both parties agreed that the mark should be removed from the Register without any claim for damages. This order provides a clear example of how IP disputes can be resolved efficiently through negotiated settlements before the court.
Manash Lifestyle Private Limited v.Paghadar Riddhi Savanbhai & Ors.
The Delhi High Court issued a series of orders in the trademark infringement suit filed by Manash Lifestyle Private Limited against Paghadar Riddhi Savanbhai & Ors. The court formally registered the plaint as a commercial suit and set out procedural timelines for both parties to file their respective pleadings, including affidavits of admission/denial of documents. Additionally, several interlocutory applications seeking exemptions from pre-institution mediation and advance service were granted by the court.
Ambuja Cements Limited v.Sudheer Sharma And Ors
Ambuja Cements Limited filed a suit alleging that several defendants were fraudulently using its 'AMBUJA CEMENT' trademarks and associated domains to run phishing websites, deceiving consumers into making payments. The Delhi High Court granted interim relief, directing the maintenance of status quo on relevant domain names and ordering telecom/internet service providers (MEITY and DoT) to suspend access to these fraudulent sites. Furthermore, the court mandated that various defendants provide KYC documents and details of registered phone numbers to aid in identifying the perpetrators.
Singh And Singh Law Firm Llp v.Singh And Singh Attorneys
The Delhi High Court granted a permanent injunction in favor of the Plaintiffs (Singh & Singh Law Firm LLP) against the Defendants (Singh And Singh Attorneys). The court found that the defendants were infringing upon the Plaintiffs' registered trademarks and goodwill associated with the name 'Singh & Singh'. Despite modifications to the scope of relief sought, the court affirmed the right of the Plaintiffs to protect their brand identity, emphasizing the international reputation and established goodwill of the law firm.
Sun Pharma Laboratories Ltd. v.Microcosm Pharma & Ors.
In a trademark infringement suit, Sun Pharma Laboratories Ltd. filed a claim against Microcosm Pharma regarding the alleged deceptive similarity between its registered mark 'PEGMOVE' and the defendant's mark 'PEG-MU'. During court proceedings, the proprietor of Defendant No. 1 voluntarily offered to discontinue the use of the impugned mark and undertake not to adopt any similar marks. While the suit continues for formal registration and issue framing, this offer suggests a potential path toward an amicable resolution.
Nandi Infratech P. Ltd. v.Himanshu Bhandari & Ors.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Nandi Infratech P. Ltd. against Himanshu Bhandari & Ors. The court allowed exemptions from pre-institution mediation and filing certain annexures, while also proceeding with the main injunction application under Order XXXIX Rules 1 & 2 CPC. The plaintiff seeks a permanent injunction to prevent the defendants from using the deceptively similar mark 'AMAATRA BANQUETS' against the registered trademark 'AMAATRA'.
Hershey India Private Limited v.Mohammed Arif Mohammed Hussain Akbani and Anr.
The Delhi High Court disposed of multiple trademark litigation cases involving Hershey India Private Limited and Mohammed Arif Mohammed Hussain Akbani after the parties reached a comprehensive settlement. The dispute, which involved various commercial IP matters including suit and rectification petitions, was resolved through mediation before the court. The court accepted the terms of the settlement agreement dated May 1, 2024, thereby disposing of the main suit while adjourning related rectification petitions subject to compliance with the agreed-upon clauses.
Gujarat Cooperative Milk Marketing Federation Limited v.Jg Hosiery Pvt Ltd
Gujarat Cooperative Milk Marketing Federation Limited (Amul) filed a petition seeking the cancellation of the trademark 'AMUL BINDASS' registered in Class 25. The court accepted the arguments that Amul is the owner of the well-known mark 'AMUL' and has associated device marks, initiating formal proceedings. Notice was issued to Jg Hosiery Pvt Ltd, setting the stage for a detailed legal contest over trademark rights.
Cipla Limited v.Bioxen Health Care & Anr.
The Delhi High Court granted an ex parte ad interim injunction in favor of Cipla Limited against Bioxen Health Care & Anr. regarding the use of deceptively similar trademarks for respiratory medicinal products. The court found that Cipla had established a prima facie case based on its registered marks ('BUDECORT' and 'RESPULES') and extensive market presence. Consequently, the defendants were immediately restrained from manufacturing or selling goods under names like 'BUDECOT RESPULES,' while also being required to disclose their sales figures and current stock.
M/S Avon Cycles Limited v.M/S Avon Automotive & Ors.
The Delhi High Court granted an ex-parte ad interim injunction in favor of M/S Avon Cycles Limited against M/S Avon Automotive & Ors. The court found that the plaintiff had made out a prima facie case for trademark infringement concerning the 'AVON' mark across various vehicle and cycle components. This immediate relief restrains the defendants from manufacturing, selling, or dealing with goods under identical or deceptively similar marks until further proceedings are concluded.
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