India Trademark Cases
2,066 decisions indexed
Page 3 of 69 · 2,066 total
Rajeev Prakash Agarwal v.Tata Play Limited and Others
The plaintiff, Rajeev Prakash Agarwal, sought an interim injunction restraining Tata Play Limited and others from using the mark 'ASTRO DUNIYA', alleging trademark infringement and passing-off. The Plaintiff claimed ownership of the coined mark used for astrological services since 2005. However, the court found that no prima facie case was made out for either infringement or passing off, dismissing the interim application.
M/S. Rohm Clamping Technologies Private Limited v.M/S. Rohm Gmbh
The Karnataka High Court set aside an earlier order that had appointed a Court Commissioner in a trademark infringement suit. The petitioner challenged the appointment, arguing it was made prematurely without proper documentation. The High Court disposed of the writ petition but allowed the plaintiff to file a fresh, properly documented application for the commissioner's appointment, ensuring due process is followed.
J Nithyanandham, Partner of M/s M.V.S.Gramany and Sons v.M/s M.V.S.Gramany and Sons (A Registered Partnership Firm)
The suit was filed by a registered partnership firm and its partners against Mr. Gautham Nithyanandham (Proprietor of M/s TVS Snuff Company) alleging infringement of the trademark 'J.S.Madras Snuff' and passing off using marks like 'M.V.S.Gramany'. The second defendant filed an application seeking reference of this dispute to arbitration, but the court dismissed the application.
Kas Zainulabdin And Co v.Gokul Chand Manoj Kumar And Sons Gm And Sons Private Limited And Anr.
This case involves a suit for infringement and passing off. The defendants argued that the plaintiff suppressed facts regarding their knowledge of the impugned product. However, the court dismissed the application seeking dispensation under Section 12A, finding that the grounds provided by the plaintiff were sufficiently explained and the cause of action was continuing and recurring in nature.
Merchint Foods and Hospitality Pvt. Ltd. v.Samtani Brothers Pvt. Ltd. & Ors.
The petitioner filed a Leave Petition seeking permission under Clause XII of the Letters Patent Act to institute a suit against the respondent. The petitioner argued that despite the respondents residing outside the court's jurisdiction, the transactions and effects of trademark infringement and passing off were felt within Mumbai. The Court granted leave for the proposed suit.
Dr Vinod Bhaskar Rao Njoshi Trading As M/S PUSHKAR PAIN CLINIC AND PHYSIOTHERAPY CENTER SENIOR HOUSE v.Mr Tivender Kumar Kaushik
The Madhya Pradesh High Court addressed an appeal filed by Dr. Vinod Bhaskar Rao Njoshi against the rejection of his interim injunction application. The court recognized the appellant's claim that the respondent, a former employee, was infringing upon his established trademark, 'Pushkar Pain Clinic and Physiotherapy Center.' As an interim measure, the High Court granted a temporary restraint, allowing the respondent to continue operating their clinic but strictly prohibiting the use of the disputed name until further hearing.
Curewin Pharmaceuticals Pvt. Ltd. v.Registrar Of Trademarks Govt. Of India
The Madhya Pradesh High Court granted an interim measure in the trademark opposition case filed by Curewin Pharmaceuticals Pvt. Ltd. against the Registrar of Trademarks, Government of India. The court directed that no further proceedings related to the specific publication date (11.08.2025) shall be taken until the next hearing date. This temporary stay provides crucial breathing room for the petitioner while procedural requirements are met.
Mohd Haroon Trading And Proprieties v.M/S Burhanpur Jalebi Centre
This matter originated from a civil suit filed by M/S Burhanpur Jalebi Centre seeking an injunction against Mohd Haroon Trading And Proprieties for trademark infringement. The petitioner challenged the trial court's rejection of their application regarding mandatory pre-litigation mediation proceedings. However, the Madhya Pradesh High Court ultimately dismissed the petition, ruling that it lacked jurisdiction because the impugned order was passed by a Civil Judge below the rank of a District Judge, necessitating an appeal to the appropriate Commercial Appellate Court.
Helsinn Healthcare Sa v.Zydus Healthcare Limited
The plaintiffs filed an application seeking an ex parte ad interim injunction restraining the defendants from dealing in products that infringe their Indian Patent No. 426553, specifically mentioning the brand name NYKRON. The court accepted notice and directed the defendants to file a reply within two weeks.
Bhupesh Sevantilal Shah v.Lyka Bdr International Limited
The applicant filed an Interim Application in aid of Execution Application seeking the execution of an award dated November 15, 2023. The court granted directions requiring the respondent to disclose all particulars of their assets, including intellectual property rights (patents, copyrights, trademarks), within four weeks.
People Interactive India Private Limited v.Ammanamanchi Lalitha Rani And 3 Ors.
The Plaintiff, owner of the well-known matrimonial platform 'Shaadi.com', filed a suit alleging infringement of its registered trademarks and passing off against the Defendants who used the similar mark and domain name 'getshaadi.com'. The court found in favor of the Plaintiff, decreeing the suit and awarding substantial costs due to the Defendants' non-participation.
Mr. Sumit Vijay & Anr. v.Major League Baseball Properties Inc. & Anr.
The appeal challenged a Single Judge's order that struck off the registered BLUE-JAY trade mark under Section 57(2) of the Trade Marks Act, 1999. The court examined whether the removal was justified based on grounds like bad faith and prior user status.
The Ritz Hotel Limited & Ors. v.Mr Shahjahan Khan & Anr.
The Delhi High Court granted an ad-interim injunction in favor of The Ritz Hotel Limited and its subsidiaries against Mr. Shahjahan Khan and others. The court found a prima facie case for trademark infringement, recognizing the established goodwill and reputation associated with the 'Ritz' mark. Consequently, the defendants were immediately restrained from using deceptively similar marks like 'RITZ RIVERIA' across various media, pending further hearings.
Sanjay Mehra v.Deepak Kumar Sharma & Ors.
In a significant trademark dispute, Sanjay Mehra successfully secured a decree against Deepak Kumar Sharma & Ors. through an amicable out-of-court settlement. The Defendants acknowledged that all rights to the 'SUPERON' mark belonged exclusively to the Plaintiff and agreed to cease all use of the mark, including preventing future registrations or similar usage. This resolution allows the suit to be decreed in favor of the Plaintiff while also granting a refund of court fees due to the early settlement.
Marico Limited v.Essen Products India Limited
The Bombay High Court granted ad-interim relief in favor of Marico Limited against Essen Products India Limited. The court allowed a leave petition to combine claims for passing off with trademark and copyright infringement. Based on prima facie evidence, the court found that the defendant's product was deceptively similar to Marico's well-established brands (Parachute and Nihar) and depicted in pirated artwork. Consequently, an injunction was issued preventing the defendants from using similar marks or trade dress pending the final disposal of the suit.
Mankind Pharma Limited v.Motherkind Pharma Private Limited
The Delhi High Court granted an interim injunction favoring Mankind Pharma Limited against Motherkind Pharma Private Limited. The court found that Motherkind's use of 'MOTHERKIND' prima facie amounted to trademark infringement and passing off, given its similarity to Mankind's well-known marks ('MANKIND' and 'KIND') in the pharmaceutical sector. This preliminary order restrains the Defendant from using the infringing mark until further proceedings.
Government Emarketplace v.Ankit Jain & Ors.
The Delhi High Court granted an urgent interim injunction in favor of Government Emarketplace (GeM), a non-profit public procurement platform. The court directed domain registrar Godaddy.com to suspend specific infringing domain names and required social media intermediary Amazon to remove links hosting unauthorized webpages. This decisive order protects the GeM trademark against online infringement, setting a strong precedent for digital rights enforcement in India.
M/S Tej Ram Dharam Paul v.Sunder Lal Goyal & Anr.
The Delhi High Court accepted a compromise reached between the Plaintiff and Defendant No. 1 in their suit concerning intellectual property rights. The settlement mandates that Defendant No. 1 must suffer a decree of permanent injunction and undertake to withdraw specific trademark applications. The court formally decreed the suit based on these terms, effectively resolving the dispute through mutual agreement.
SNV Aviation Private Limited v.Alaska Aviation Academy Private Limited and Others
SNV Aviation Private Limited successfully secured critical interim relief against defendants accused of impersonating the company to run fraudulent job scams. The Delhi High Court granted permanent injunctions and directed immediate action against digital assets, including suspending infringing domain names like akasaairltd.com. Furthermore, the court mandated financial institutions and telecom providers to disclose KYC details and block bank accounts and UPI IDs linked to the perpetrators, providing robust protection against trademark misuse and fraud.
Kirti Dal Mills Limited v.Rajesh Lunkad
Kirti Dal Mills Limited challenged an order that stayed its Commercial Suit No. 1 of 2024, citing the pendency of a previous suit. The core dispute involved claims of passing off and copyright infringement related to edible oils under the brand 'CHAMPION'. The High Court found that the trial court misinterpreted the provisions of the Trade Marks Act and the Commercial Courts Act while applying Section 10 CPC. Consequently, the impugned stay order was quashed, allowing the commercial suit to proceed.
M/S BRAHMAPUTRA DISTILLERY AND ANR v.ASSOCIATED ALCOHOL AND BEVERAGES COMPANY
This appeal was filed by M/S Brahmaputra Distillery against an ad-interim injunction granted by the Civil Judge, Jorhat. The underlying commercial suit involved claims of trademark infringement and passing off concerning the product 'Raagi' and its packaging. However, the Gauhati High Court ultimately dismissed the appeal on preliminary grounds, ruling that due to the specific mandate of Section 13(1) of the Commercial Courts Act, 2015, the appeal ought to have been filed before the District Judge, Jorhat.
Ultratech Cement Limited v.Ambush Cement Private Limited
Ultratech Cement Limited filed an application seeking permission from the Delhi High Court to challenge the validity of trademarks registered by Ambush Cement Private Limited. The court accepted notice and directed both parties to file their respective replies and rejoinders within specified timelines. This order sets the stage for a formal challenge to the defendants' trademark registrations before the Joint Registrar.
Max India Investment Services Private Limited v.Union Of India & Ors.
The Delhi High Court stayed an order from the Ministry of Corporate Affairs that had directed petitioner, Max India Investment Services Private Limited, to change its name. The dispute arose because a respondent company claimed the petitioner's name was too similar to their registered trademarks ('MAX' and 'Max India Limited'). The court found that since the petitioner has been using the name incorporating 'Max India' since 2007, it established a prima facie case for interim relief. Furthermore, the parties were referred to mediation to explore an amicable resolution.
Hero Investcorp Private Limited Anr. v.Venuse Automobile
Hero Investcorp Private Limited filed a suit against Venuse Automobile alleging trademark infringement and passing off related to the 'HERO' brand. The Delhi High Court granted several interim reliefs in favor of the Plaintiffs, including an ex parte ad-interim injunction. Furthermore, the court appointed a Local Commissioner with powers to inspect the Defendant's premises, seize infringing auto parts bearing the HERO marks, and ascertain the stock value, signaling strong initial support for the Plaintiff's claims.
Super Milk Products Private Limited v.Pyare Lal Laxmi Narayan And Sons
The Plaintiff sued the Defendant for trademark infringement after the Franchise Agreement terminated. The Plaintiff alleged that the Defendant was clandestinely using a deceptively similar brand name, 'Cuppa Kevanter', which led to passing off of the Plaintiff's well-known trademark 'Keventers'.
Vishnu And Company Trademarks Pvt. Ltd. v.Smotect Private Limited & Ors.
The Delhi High Court granted an ex parte ad-interim injunction in favor of Vishnu And Company Trademarks Pvt. Ltd. against Smotect Private Limited & Ors. The court found that the Defendants were using the Plaintiff's copyrighted label in promotional content, specifically an Instagram video, to portray the Plaintiff's product as harmful while promoting their own alternative. Consequently, the defendants were restrained from further use of the label and directed to take down the infringing videos within 72 hours.
Dileep Bakliwal Prop Poonam Marketing v.Mohan Singh Panwar
This petition challenged the rejection of a request to transfer a trademark infringement suit to the Commercial Court. The petitioner argued that since the dispute involved intellectual property, it should automatically fall under the jurisdiction of the Commercial Courts Act, 2015, regardless of the low valuation. However, the High Court ruled that while IP rights are covered by the Act, the requirement for a 'commercial dispute' to have a specified value of at least Rs. 3 lakhs must be met. Since the suit was valued below this threshold, the court upheld the trial court's decision and dismissed the petition.
Salman Khan v.Ashok Kumar/John Doe & Ors.
The Delhi High Court registered the suit filed by actor Salman Khan against various defendants for alleged misappropriation of personality rights, trademark infringement, copyright violation, and passing off. The court granted several procedural reliefs to the Plaintiff, including exemption from mandatory pre-institution mediation due to the urgent nature of the matter. Furthermore, the court issued directions for service on identified infringing parties and set a timeline for filing written statements and replication, while also considering an application for ad-interim injunction.
Neon Laboratories Limited v.Vishal Subhash Versus Parekar Syndicate Pharma
The Bombay High Court confirmed the existing ad-interim injunction regarding trademark 'NEON' infringement, finding that the rival mark was identical. Furthermore, the court granted interim relief concerning passing off, noting a strong prima facie case that the products were counterfeit and caused misrepresentation. The court also allowed the petitioner's leave petition to combine the causes of action for trademark infringement and passing off.
Pidilite Industries Limited v.Rameshwar Prasad & Ors.
The Delhi High Court addressed several procedural applications in the trademark infringement suit filed by Pidilite Industries Limited. The court condoned delays in filing replications for certain defendants. Crucially, while some parties proceeded toward trial, other defendants (18, 19, 20, and 21) were referred to the Delhi High Court Mediation Centre, reflecting a judicial push towards alternative dispute resolution in complex IP litigation.
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