India Trademark Cases
3,667 decisions indexed
Page 30 of 123 · 3,667 total
The Food Masters v.V G And Group & Ors.
In a trademark dispute concerning the mark 'THE FOOD MASTER', the Delhi High Court suspended an existing ex parte injunction. The suspension was granted to allow the court to comprehensively assess conflicting claims regarding prior use and senior adoption by both parties. The court directed both sides to place crucial documents, including evidence of user status from 2013 and details of a related suit filed in Faridabad, on record before proceeding.
cipla health limited v.syndicate pharma anr
Cipla Health Limited (formerly Cipla Limited) sued Syndicate Pharma and another for infringement of its trademark 'OMNIGEL' and trade dress, alleging the defendants were using a nearly identical mark 'ONMIGEL' on pain relief ointments. The plaintiff claimed extensive prior use since 2000 and significant sales revenue (INR 231 crores in FY 2023-24), arguing the defendant’s actions constituted passing off, dilution, copyright infringement, and misrepresentation.
Dominos Ip Holder Llc & Anr. v.M/S Domind Pizza & Ors.
The Delhi High Court granted an ex-parte interim injunction in favor of Domino's IP Holder LLC against several competing pizza businesses. The court found that the defendants were using deceptively similar trademarks, such as 'DOMIN'D PIZZA,' which was causing confusion and damaging the reputation of the established 'DOMINO'S PIZZA' brand. Furthermore, the court ordered food delivery platforms like Zomato and Swiggy to immediately de-list the infringing listings.
Tanvi Fitness Private Limited v.M/S R.M. Foods & Ors.
Tanvi Fitness Private Limited filed a suit alleging that M/S R.M. Foods & Ors. adopted a deceptively similar trade dress for their products in the fitness and peanut butter industry. The Delhi High Court, while allowing the main suit to proceed, addressed several interlocutory applications regarding documentation and mediation. Crucially, the court noted the dispute over whether the Defendants' alleged infringing trade dress has been discontinued or if the current suit also covers a newer design adopted by the Respondents.
Rupa Gujral & Ors. v.Raghav Jaggi
Rupa Gujral and others filed a rectification petition under Section 57 of the Trademarks Act, 1999, seeking removal of an impugned trademark (No. 3777931) related to 'Original Dal Makhani & Butter Chicken'. The Delhi High Court issued notice to the respondent, Raghav Jaggi, requiring him to file a reply within six weeks. The matter has been scheduled for further hearing on July 25, 2024.
Shivkumar Shankarrao Thakur & Ors. v.Shiv Biri Manufacturing Co P Ltd & Anr.
The Delhi High Court dismissed an appeal filed by Shivkumar Shankarrao Thakur & Ors. against a trademark registration granted to Shiv Biri Manufacturing Co P Ltd. The court found that the impugned trademark was not deceptively similar to the appellants' existing trademarks, thereby negating the core grounds of opposition and prior use claims. This ruling reinforces the principle that similarity between marks is paramount in determining infringement or opposition success.
Jaipuria Edutech Foundation & Anr. v.Shyamlalbabu Educational Trust
The Delhi High Court granted an ex parte ad interim injunction in favor of Jaipuria Edutech Foundation against Shyamlalbabu Educational Trust. The court found that the defendant continued to use deceptively similar trademarks despite a terminated franchise agreement and cease-and-desist notices. This preliminary order restrains the defendant from using 'Jaipuria International Schools' and 'Seth M.R. Jaipuria School' marks, though the injunction will not take effect until July 15, 2024, allowing time for compliance.
Red Bull Ag v.Rahul Ranjan Partner Of M/S Wings Energy & Ors.
The Delhi High Court finalized a trademark infringement suit between Red Bull Ag and Rahul Ranjan Partner of M/S Wings Energy after the parties reached a comprehensive settlement. The court decreed the suit in favor of Red Bull, granting permanent injunctions against Defendants No. 1 & 2 to prevent them from using confusingly similar marks like 'WINGS' or 'ENERGY'. This resolution allows both parties to conclude the litigation amicably.
Asian Paints Limited v.Ajeet Kumar And Others
The Delhi High Court allowed Asian Paints Limited's application to implead numerous additional parties—including domain name registrars, banks, and telecom service providers—in its trademark infringement suit. The court found a prima facie case for the plaintiff, noting that fraudsters were using various digital channels (websites, phone numbers, bank accounts) to perpetuate the misuse of the 'ASIAN PAINTS' mark. Consequently, the existing injunction was expanded, and specific directions were issued compelling these third-party defendants to block infringing websites, freeze associated bank accounts, and suspend mobile numbers.
Mr Lakshit Goyal Proprietor Of Rama Domestic Appliances v.Sunita Gupta Trading As Mva Gas And Home Appliances
The Delhi High Court initiated trademark infringement proceedings between Mr Lakshit Goyal's Rama Domestic Appliances and Sunita Gupta Trading As Mva Gas And Home Appliances. The court allowed the plaintiff's application seeking a permanent injunction against the defendant for using deceptively similar marks ('HPC APPLIANCES'). While several procedural applications were disposed of, the core suit was registered, and notice was issued to the defendant, setting the stage for detailed arguments on trademark similarity and infringement.
Vijay Abrol v.Yogesh Kumar Rustogi
The Delhi High Court allowed appeals filed by Vijay Abrol, setting aside a previous judgment that had favored Yogesh Kumar Rustogi in a passing off suit. The court found that the plaintiff failed to establish the necessary goodwill and reputation for the trademark 'BRITE' as required by the triple test for passing off. Furthermore, the appellant/defendant successfully demonstrated their own established use of the mark and secured its registration, leading the court to conclude the original suit lacked a real basis.
Casablanca Apparels Pvt Ltd v.Polo Lauren Company Lp & Anr. & Anr.
The Delhi High Court dismissed a rectification petition filed by Casablanca Apparels against Polo Lauren's trademark 'POLO'. The court held that since an application challenging the mark's validity (under Section 124) was already pending before the Trial Court, the current rectification petition was not maintainable at this stage. This ruling emphasizes the procedural hierarchy between concurrent proceedings in civil suits and intellectual property rectification actions.
Tirupati Structurals Limited v.Jai Prakash Singhal
The Delhi High Court granted an interim injunction in favor of Tirupati Structurals Limited against Jai Prakash Singhal, finding that the defendant's use of 'MM TIRUPATI' was deceptively similar to the plaintiff's established mark 'TSL-TIRUPATI'. The court held that despite minor differences in prefixes, the identical and prominent shared element 'TIRUPATI', coupled with the similarity in goods (pipes and fittings), created a high likelihood of consumer confusion. This ruling reinforces the protection afforded by common law passing off principles against calculated attempts to capitalize on established goodwill.
Kaira District Cooperative Milk Producers Union Ltd v.Hub.Nrw-Euindia Invest Gmbh & Ors
The Delhi High Court ruled in favor of Kaira District Cooperative Milk Producers Union Ltd (AMUL), granting a decree against multiple defendants for trademark infringement related to the 'AMUL TRU seltzer' brand. The court issued sweeping orders requiring domain registrars and the Department of Telecommunications to block access to various infringing websites globally. Furthermore, it restrained certain parties from exporting AMUL products that were not intended for the EU market, reinforcing robust protection against digital counterfeiting and unauthorized trade.
Macleods Pharmaceuticals Limited v.Ridley Life Science Pvt. Ltd.
The Delhi High Court dismissed the defendant's attempt to reopen evidence regarding costs and damages in a trademark infringement suit. The court noted the defendant's history of 'abysmal conduct,' including being a 'habitual offender/rank infringer' who repeatedly infringes third-party products. Given that the defendant had ample opportunity to present their case previously, the court found the late application was not bona fide and aimed only at delay.
Tata Power Solar Systems Limited & Anr. v.Www.Tatapowersolardealership.Co.In & Ors.
The Delhi High Court granted a permanent injunction in favor of Tata Power Solar Systems Limited, finding that several defendants were infringing on its registered trademarks ('TATA' and 'TATA POWER SOLAR'). The court recognized the immense goodwill and reputation associated with the brand. Furthermore, the judgment included significant ancillary relief, directing the suspension of specific domain names and mandating the freezing and transfer of funds from bank accounts linked to the infringement activities into a designated RBI fund.
Jamboree Resorts India Llp & Anr. v.Mehul Sharma & Ors.
The Delhi High Court granted an interim injunction in favor of Jamboree Resorts India LLP, who holds registered trademarks for 'JAMBOREE'. The court found a prima facie case of trademark infringement and passing off against the defendants, who were operating the resort under the name 'SIGNUM JAMBOREE CREEK RESORT' following a terminated revenue-sharing agreement. The order restrained the use of the infringing mark and mandated the handover of all associated digital assets to allow the plaintiffs to regain control.
Shrinath Travel Agency Through Its Partners & Anr. v.Harsh Kumar Trading As Shrinath Nama Travel Agency & Ors.
The Delhi High Court allowed the Plaintiffs to implead several additional defendants in a trademark infringement suit. Finding a prima facie case of deception due to identical or deceptively similar marks being used for identical travel services, the court granted an interim injunction restraining the newly added parties from using the impugned trademarks. Furthermore, the court directed domain registrars associated with infringing websites to block and suspend access to those domains.
Bonn Nutrients Pvt. Ltd & Anr. v.Pahal Foods Pvt. Limited & Ors.
In a dispute over the packaging and trade dress of coconut cookies, Bonn Nutrients sought an injunction against Pahal Foods for alleged infringement. The Delhi High Court issued an order facilitating an amicable settlement between the parties. Defendants agreed not to manufacture any more products under the disputed label/packaging but were granted time to exhaust their existing stock of 15,000 cases. Both parties were also directed toward mediation and listed for further consideration.
Jr Rice India Pvt. Ltd v.Kishan Khetrapal Proprietor Of Aaradhya Agrotech
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Jr Rice India Pvt. Ltd against Kishan Khetrapal Proprietor Of Aaradhya Agrotech. The court granted exemptions from pre-institution mediation and advance service, while formally registering the plaint as a commercial suit. Crucially, regarding the injunction application seeking to restrain the defendant from using the deceptively similar mark 'ABBA HUZUR' on rice products, the Court issued notice to the defendant.
M/S. Lotus Organic Care v.M/S. Aadhar Products Pvt. Ltd.
The Rajasthan High Court allowed a writ petition filed by M/S. Lotus Organic Care, setting aside a lower court's rejection of its application under Section 124 of the Trademarks Act. The core issue was whether the petitioner had made sufficient prima facie pleadings in their written statement to warrant staying the infringement suit while they pursued trademark rectification. The High Court held that the trial court only needs to record prima facie satisfaction based on the pleadings, not evaluate the evidence for the eventual rectification application. Consequently, the infringement proceedings were stayed, allowing the petitioner to proceed with challenging the validity of the respondent's trademarks.
Castrol Limited v.Mohan Bajya
In a significant move against alleged counterfeiters, the Delhi High Court granted an ex-parte ad interim injunction in favor of Castrol Limited. The court recognized the substantial goodwill associated with Castrol's trademarks and trade dress for engine oils. To enforce this urgent relief, the court appointed a Local Commissioner to seize infringing goods manufactured by the defendant, Mohan Bajya, and inspect relevant financial records.
Eastman Auto And Power Limited v.Shreejee Power Systems Llp
In a Delhi High Court case concerning trademark infringement and passing off, Eastman Auto And Power Limited successfully reached a settlement with Shreejee Power Systems Llp. The Defendant agreed to permanently cease using the disputed mark 'EASTON' in association with batteries and solar inverters, acknowledge the Plaintiff's rights in 'EASTMAN', and undertake specific actions including filing for cancellation of one registered mark and rectification of another. The suit was subsequently disposed of on these consent terms.
Sun Pharma Laboratories Ltd. v.Perilla Life Science P. Ltd & Anr.
Sun Pharma Laboratories sought the cancellation of the trademark 'G-VER,' registered by Perilla Life Science P. Ltd, alleging contravention of the Trade Marks Act. Although Sun Pharma raised grounds based on Sections 9, 11, and 18 of the Act, the court noted that Respondent No. 1's counsel stated her client had discontinued use of the mark and had no objection to its cancellation. Consequently, the Delhi High Court disposed of the petition with a direction compelling the respondent to file the formal application for trademark cancellation.
Dr. Reddys Laboratories Limited v.Zeelab Pharmacy Pvt Ltd
The Delhi High Court granted an ex-parte ad interim injunction in favor of Dr. Reddys Laboratories Limited against Zeelab Pharmacy Pvt Ltd. The court found that the plaintiff had made out a prima facie case regarding trademark infringement, specifically concerning the use of 'OMEZEE' and 'OMEZEE-DM' for pharmaceutical products similar to the plaintiff's established mark 'OMEZ'. This immediate relief prevents the defendant from continuing manufacturing or marketing the infringing products until the full trial.
Bisleri International Private Limited v.M/S Shri Sai Foods & Beverages & Ors
The Delhi High Court granted the plaintiff, Bisleri International Private Limited, an extension of 90 days to execute local commissions in a trademark infringement suit. The court also appointed four additional advocates as local commissioners. This order facilitates the quantification of damages by allowing detailed inspection and inventory of infringing goods at the defendants' premises.
Rajesh Chugh Kart Amir Chand And Sons Huf & Anr. v.Mr Nazim Khan Proprietor Partner Nazim S Kathi Roll & Ors.
The Delhi High Court dismissed an interim application filed by the defendant, Mr. Nazim Khan, seeking court approval for a proposed trademark design. The Court found that despite some adherence to previous consent terms regarding font size and prominence, the new design still spotlighted 'NAZIM'S' on a standalone basis, violating the spirit of the earlier agreement. Consequently, the application was rejected, reinforcing the importance of strict compliance with court-mandated usage restrictions during litigation.
Future Bath Products Private Limited v.Corza International & Ors.
This Delhi High Court order addresses an application filed by Corza International challenging the validity of Future Bath Products' trademark 'CORSA'. The defendants argue that the plaintiff has failed to use the mark for goods in Class 11, citing Section 47 of the Trade Marks Act. The court issued notice and set timelines for both parties to file their respective replies and rejoinders before proceeding with the matter.
R C Plasto Tanks And Pipes Pvt. Ltd v.M/S. Navnath Pipes
The plaintiff, R C Plasto Tanks And Pipes Pvt. Ltd., claimed that the defendant, M/S Navnath Pipes, was infringing its distinctive trademark 'PLASTO/' in relation to plastic pipes and fittings. The dispute arose when the plaintiff discovered the defendant using a deceptively similar mark for manufacturing and selling impugned goods.
M/S Shrinath Travel Agency & Ors. v.M/S Shreenath Cargo Movers & Ors.
The Delhi High Court granted an ex-parte ad interim injunction in favor of M/S Shrinath Travel Agency & Ors. against M/S Shreenath Cargo Movers & Ors. The court found a prima facie case for trademark infringement, noting the similarity between the marks and the services provided (travel, transport, logistics). Crucially, the defendants were ordered to deactivate their infringing domain name within one week, while the operational injunction would take effect after a six-week grace period.
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