India Trademark Cases

2,115 decisions indexed

Page 29 of 71 · 2,115 total

trademark mixed · Dec 12, 2022

Electronica Semiconductors Pvst Ltd v.Naveen Goel And Anr.

Delhi High Court - Orders · 158322066

The Delhi High Court issued procedural orders in the trademark opposition proceedings involving Electronica Semiconductors Pvt Ltd against Naveen Goel and others. The court directed the parties to cure registry objections, provide necessary documentation, and file consolidated briefs of submissions within specified timelines. This order sets the stage for further substantive arguments regarding the trademark dispute.

trademark plaintiff favorable · Dec 12, 2022

Anurag Saxena T/As Unique International v.Qaysa Care Private Limited

Delhi High Court - Orders · 16327564

The Delhi High Court granted an interim injunction favoring the plaintiff, Anurag Saxena T/As Unique International, against Qaysa Care Private Limited. The court found that the defendant's use of 'NEW IMPROVED HAMMER OF THOR' was virtually identical to the plaintiff's registered marks and trade dress, constituting prima facie passing off and trademark infringement. This decision provides immediate protection to the plaintiff's brand while the main suit proceeds.

trademark defendant favorable · Dec 12, 2022

Sun Pharma Laboratories Ltd v.Intas Pharmaceutical Ltd & Anr.

Delhi High Court · 159500002

The Delhi High Court dismissed Sun Pharma's appeal against the denial of an interim injunction concerning pharmaceutical trademarks. The court held that since both parties are generic drug manufacturers launching products after patent expiry, and given the similarity of the marks is based on active ingredients, there were no strong equities in favor of either party at this preliminary stage. Furthermore, the appellant's registered mark had not been used for over twenty-four years, which weighed against granting immediate protection.

trademark settled · Dec 8, 2022

Hadiklaim Central Agricultural Cooperative Society Ltd. v.Ms Dharamraj And Sons And Ors & Ors.

Delhi High Court · 38320838

The Delhi High Court judgment confirms the resolution of a trademark dispute concerning the 'KING SOLOMON DATES' brand. The plaintiff successfully reached comprehensive settlement agreements with multiple defendants, including Defendant No. 1. These settlements legally bind the defendants to cease all use of similar or deceptively related marks and acknowledge the plaintiff's exclusive ownership rights over the trademark.

trademark mixed · Dec 8, 2022

Modern Snacks Pvt Ltd v.The Registrar Of Trade Mark

Delhi High Court · 16035195

The Delhi High Court remanded an appeal filed by Modern Snacks Pvt Ltd regarding the rejection of its trademark application 'Modern Namkeen Karare Lal'. The core issue was whether the appellant could proceed with the appeal despite a previous rejection order from 2018. Recognizing the merits of the case, the court ordered the matter to be sent back to the Registrar for fresh consideration of the original review application. However, this remand is conditional: Modern Snacks must first prove that the prior rejection order was never properly communicated to them.

trademark mixed · Dec 6, 2022

EDUSPARK INTERNATIONAL PRIVATE LIMITED v.LAXMI PUBLICATIONS PRIVATE LIMITED

Delhi High Court - Orders · 84829529

In this trademark infringement matter, the Delhi High Court issued an order directing the defendant, Laxmi Publications Private Limited, to take proactive measures regarding the disputed mark 'VIBGYOR'. The court noted that the defendant had taken down references to the trademark from its website and Facebook page and communicated with distributors to cease sales. The defendant was subsequently directed to file a detailed affidavit within three weeks outlining all compliance steps taken.

trademark dismissed · Dec 5, 2022

M/s.Kaleesuwari Refinery Private Limited v.M/s.Jaya Sai Traders

Madras High Court · 110449599

M/s.Kaleesuwari Refinery Private Limited filed a civil suit seeking permanent injunctions against M/s.Jaya Sai Traders for alleged infringement of its registered trademark 'DHEEPAM' and copyright violation related to the packaging of lamp oil. The plaintiff claimed that the defendant was using deceptively similar marks ('PANCHA DEEPAM OIL') and trade dress, leading to passing off. However, before the court could rule on the merits of the IP infringement claims, the plaintiff chose to withdraw the suit.

trademark mixed · Dec 5, 2022

Sai Shreeja Industries Pvt. Ltd. v.Shree Amba Industries

Delhi High Court - Orders · 37670165

The Delhi High Court addressed a suit filed by Sai Shreeja Industries seeking an injunction against Shree Amba Industries, alleging 'slander' and 'libel.' The court noted that the plaintiff's claim stemmed from the defendant opposing the registration of the plaintiff's trademark. Finding that opposition to trademark registration does not inherently constitute slander or libel, the judge indicated the suit might be dismissed for lack of cause of action. However, the Court granted a renotification date to allow the plaintiff to further convince the court of the suit's sustainable basis.

trademark mixed · Dec 5, 2022

Sandisk Llc v.Patel Mobile Accessories And Anr

Delhi High Court - Orders · 92650371

The Delhi High Court allowed Sandisk LLC's application to amend its suit, permitting the impleadment of three additional parties—Shree Mataji Mobiles, Target Telecom, and Paravathi Telecom. These entities were identified as selling and marketing counterfeit products bearing Sandisk's registered trademarks. The court granted the amendments sought by the plaintiff, allowing the case to proceed against a broader set of alleged infringers.

trademark defendant favorable · Dec 2, 2022

M/s.Raymond Pharmaceuticals Pvt. Ltd. v.Union Of India

Madras High Court · 164875665

This Madras High Court judgment addressed a challenge by Raymond Pharmaceuticals Pvt. Ltd. against an order directing it to change its corporate name. The dispute centered on the use of 'Raymond,' which was claimed by another entity (Respondent 3) to be protected under trademark rights and prior incorporation dates. The court upheld the administrative decision, finding no illegality in requiring the petitioner to alter its name.

trademark mixed · Dec 1, 2022

Jaskaran Singh v.Flipkart Internet Private Limited

Delhi High Court - Orders · 35512916

The Delhi High Court addressed an appeal filed by Jaskaran Singh against Flipkart regarding alleged trademark infringement and counterfeiting of goods under the 'ANMEX' brand. The appellant sought an interim injunction to stop unauthorized third parties from selling counterfeit goods on the platform. While acknowledging the severity of the issue, the court disposed of the appeal with a crucial direction: Flipkart must provide the names, addresses, and email IDs of the alleged infringing 'more sellers/latch on sellers' within one week. This move allows the litigation to proceed by identifying the specific parties responsible for the infringement.

trademark remanded · Nov 30, 2022

Plusplus Lifesciences Llp & Anr. v.Dr. Shiwani Singh & Ors.

Delhi High Court · 57064260

Plaintiffs sought an ad-interim injunction restraining the defendants from dealing with medicines bearing marks like 'NUTRIEPIC' and 'UTTERCARE', alleging misuse of confidential information related to their multi-micronutrient supplement, 'TRIMACARE'. The court examined claims of passing off and similarity between the marks. Ultimately, the ex-parte order was vacated, but the defendants were directed to disclose sales data.

trademark plaintiff favorable · Nov 30, 2022

M/S Jindal (India) Limited v.M/S Spectrum Metal Profiles Through Its Partners Rakesh Gandhi and Vinay Gandhi

Delhi High Court - Orders · 79791791

The Delhi High Court granted an interim injunction in favor of M/S Jindal (India) Limited against M/S Spectrum Metal Profiles. The court found that the defendant was using deceptively similar marks, such as 'JINDAL ROOFING SYSTEM' and 'JINDAL RANGOLI,' on roofing sheets, which infringed upon Jindal's registered trademarks like 'JINDAL SABRANG.' Recognizing a prima facie case and irreparable harm to Jindal's reputation, the court immediately restrained the defendant from selling or advertising goods using these infringing marks.

trademark plaintiff favorable · Nov 28, 2022

Ajinomoto Co Inc v.Dattatrey Studios & Anr.

Delhi High Court - Orders · 90268904

Ajinomoto Co Inc successfully secured an interim injunction against Dattatrey Studios in the Delhi High Court. The plaintiff, owner of the registered trademark 'AJI-NO-MOTO,' argued that the upcoming movie title infringed its rights and was disparaging, linking the brand to negative health claims. The court granted the relief, preventing the release of any film bearing the disputed name until further hearing.

trademark mixed · Nov 25, 2022

Siddhant Icecreams Llp v.Ameet Pahilani

Delhi High Court - Orders · 59852869

In a significant interim order, the Delhi High Court facilitated an agreement between Siddhant Icecreams LLP (Plaintiffs) and Ameet Pahilani (Defendant No. 2). The court mandated that Defendant No. 2 cease using the terms 'Natural' and 'Naturals' in relation to ice creams across various media, including packaging and online platforms, to protect the Plaintiffs' trademark rights. However, the order provided specific carve-outs allowing the use of the mark 'NIC' under certain conditions within India and outside India, while also permitting the sale of existing stock until a specified date.

trademark plaintiff favorable · Nov 25, 2022

Apollo Tyres Limited v.Glory Enterprise & Ors.

Delhi High Court - Orders · 92310886

The Delhi High Court granted an ad-interim ex-parte injunction in favor of Apollo Tyres Limited against Glory Enterprise & Ors., finding a prima facie case of trademark infringement. The court recognized the deceptive similarity between the plaintiff's 'APOLLO' mark and the defendants' 'OPOLLO' mark used on automotive tyres and tubes. Furthermore, the Court appointed Local Commissioners to conduct comprehensive searches, seizures, and inventories at the defendants' manufacturing premises to gather evidence against the alleged counterfeit operations.

trademark plaintiff favorable · Nov 25, 2022

Apnatime Tech Private Limited And Anr. v.Anik Dev Nath And Ors.

Delhi High Court - Orders · 15620023

The Delhi High Court granted an ex-parte ad-interim injunction in favor of Apnatime Tech Private Limited against the defendants. The plaintiffs alleged that the defendants were passing off their services using a deceptively similar mark ('APNA JOBS') and infringing on their copyrighted website layout and user interface. Citing prima facie evidence, the court restrained the defendants from using the disputed mark and artistic works, while also directing domain name suspension and blocking to prevent further consumer confusion and irreparable harm.

trademark mixed · Nov 23, 2022

Lakme Lever Private Limited v.Shyama Mai Enterprises And Anr.

Bombay High Court · 80557261

This Bombay High Court judgment addresses a commercial arbitration application concerning the alleged misuse of the LAKME trademark. The court reviewed an affidavit from one respondent, who stated she was operating a salon under a different name ('8 to 8 Salon') and was not using the LAKME brand after her husband's death and the expiry of the franchise agreement. Given these new facts, the Court directed both parties to confer and provide instructions on whether the applicant still wishes to proceed with invoking Section 11 (likely related to trademark rights) and if the respondent is willing to remit past franchise fees.

trademark plaintiff favorable · Nov 23, 2022

Sorrel Hospitality Pvt. Ltd v.Lucknow Recreational Facility Centre Private Limited

Delhi High Court - Orders · 182272526

The Delhi High Court granted an ad interim injunction in favor of Sorrel Hospitality Pvt. Ltd against Lucknow Recreational Facility Centre Private Limited. The petitioner sought to prevent the respondent from continuing to use the 'Best Western' sub-licensed mark even after the underlying Sub-License Agreement was terminated due to defaults by the respondent. The court found that the continued unauthorized use of the mark, despite termination and legal notice, was likely to cause irreparable damage and mislead the public regarding an ongoing relationship between the parties.

trademark plaintiff favorable · Nov 22, 2022

Kurlon Enterprises Ltd. v.M/S Goel Foam Co.

Delhi District Court · 119901565

The plaintiff, Kurlon Enterprises Ltd., filed a suit alleging that the defendant, M/S Goel Foam Co., was misguiding customers by displaying the plaintiff's glow sign board and selling products under its name without authorization. The court found that the plaintiff successfully proved through documentary evidence that the defendant was infringing upon their trade mark and business reputation.

trademark plaintiff favorable · Nov 21, 2022

TIMAB NL BV v.Shamrock Geoscience Ltd & Anr.

Delhi High Court - Orders · 42912008

The Delhi High Court granted a crucial interim injunction in favor of TIMAB NL BV against Shamrock Geoscience Ltd. The court found that TIMAB had demonstrated prior and continuous use of its mark, making it entitled to restrain Shamrock's use of identical or similar marks for cognate goods. This order significantly protects TIMAB's goodwill and exclusive rights during the pendency of the suits.

trademark mixed · Nov 17, 2022

Aktiebolaget Volvo & Ors v.S.Sura & Ors

Delhi High Court · 187929808

The Delhi High Court delivered a mixed verdict in the trademark infringement suit filed by Aktiebolaget Volvo. While the court found that Defendants 6 and 7 were infringing the 'VOLVO' mark through deceptive similarity and dilution, leading to permanent injunctions and costs being awarded to Volvo, it ultimately dismissed the suit against other defendants (4, 5, and 9). The judgment highlights the critical importance of evidence regarding trademark usage and ownership in determining liability.

trademark plaintiff favorable · Nov 16, 2022

Vintage Distillers Limited v.Ramesh Chand Parekh

Delhi High Court · 181476656

The Delhi High Court granted a temporary injunction in favor of Vintage Distillers Limited against Ramesh Chand Parekh regarding their alcoholic beverage brands. The court found that the Defendant's use of 'DHOLA THARU' was deceptively similar to the Plaintiff's established trademark 'DHOLA MAARU'. Furthermore, the court recognized infringement not only under trademark law but also under copyright law due to the slavish imitation of the Plaintiff's artistic label design and trade dress. This interim order protects the Plaintiff's goodwill while the main suit proceeds.

trademark plaintiff favorable · Nov 14, 2022

M/S Pornsricharoenpun Co Ltd & Anr. v.M/S L'Oreal India Private Limited & Anr.

Delhi High Court · 123041184

The Delhi High Court allowed an appeal filed by M/S Pornsricharoenpun Co Ltd, setting aside a trial court order that had restrained them from using the phrase 'HAIR SPA'. The court ruled that since 'HAIR SPA' is a generic and descriptive term commonly used in the cosmetics industry to denote hair treatment, its use by the appellants under their registered trademark 'BERINA' did not constitute trademark infringement. This decision emphasizes the importance of distinguishing between proprietary marks and common trade language.

trademark plaintiff favorable · Nov 14, 2022

United Biotech Private Limited v.Cipla Limited And Anr.

Delhi High Court - Orders · 96459116

The Delhi High Court disposed of a petition seeking cancellation of an impugned trademark. Respondent No. 1 (Cipla Limited) assured the court that it was not using the mark, leading to the petitioner's success. The court directed the Registrar of Trade Marks to cancel the trademark and rectify the register accordingly.

trademark defendant favorable · Nov 10, 2022

M/S Aadhar Products Pvt. Ltd. v.M/S Lotus Organic Care

Rajasthan High Court - Jodhpur · 109483139

M/S Aadhar Products Pvt. Ltd., a manufacturer of detergents, filed an appeal seeking to overturn the rejection of its application for a temporary injunction against M/S Lotus Organic Care. The appellant claimed that the respondent was infringing upon its registered trade mark 'Decide' and associated copyrights with its product 'Delite'. Despite arguments regarding prima facie infringement, the High Court found no legal infirmity in the trial court's decision to deny the injunction. Consequently, the appeal was dismissed, but the Trial Court was directed to expedite the final disposal of the original suit.

trademark plaintiff favorable · Nov 7, 2022

MC-monitoring SA v.Pro Tech Monitoring Pvt. Ltd.

Delhi District Court · 195450709

The plaintiff, engaged in developing predictive health monitoring solutions for rotating machines, sued the defendant for illegal use, passing off, dilution, and copyright infringement of its name/mark MC-monitoring. The plaintiff argued that the mark had acquired international recognition and goodwill. The court ultimately decreed the suit, granting permanent injunctions and awarding nominal damages.

trademark settled · Nov 4, 2022

M/s.Kaleeswari Refinery Private Limited v.M/s.Sri Dhanalakshmi Traders

Madras High Court · P148935463

This case involved a civil suit filed by M/s.Kaleeswari Refinery Private Limited against M/s.Sri Dhanalakshmi Traders, alleging infringement of their registered trademark 'Gold Winner' and violation of copyright through the use of the deceptively similar mark 'Niju Gold' on edible oil packaging. The plaintiff sought permanent injunctions and an accounting of profits. However, both parties reached a mutual settlement agreement.

trademark settled · Nov 4, 2022

M/s.Kaleeswari Refinery Private Limited v.M/s.Sri Dhanalakshmi Traders

Madras High Court · 74176409

M/s.Kaleeswari Refinery Private Limited filed a suit against M/s.Sri Dhanalakshmi Traders alleging infringement of its registered trademark 'Gold Winner' and copyright in the associated artistic work and trade dress used on edible oil packaging. The plaintiff sought permanent injunctions to restrain the defendant from using the deceptively similar mark 'Niju Gold' and passing off inferior products. Both parties subsequently reached a settlement, leading the Madras High Court to dispose of the captioned suit based on the terms of the Joint Compromise Memo.

trademark mixed · Nov 4, 2022

Mahle Filter Systems (India) Pvt Ltd v.Mobis India Ltd & Anr

Delhi High Court - Orders · 155132693

The Delhi High Court issued an order in the dispute between Mahle Filter Systems and Mobis India Ltd concerning a subject trademark. The court directed both parties to file concise written submissions and, crucially, instructed counsel to exchange proposals aimed at resolving the trademark issue amicably. This indicates the ongoing litigation is moving towards potential settlement or mediation.

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