India Trademark Cases
3,667 decisions indexed
Page 31 of 123 · 3,667 total
Dharampal Satyapal Foods Ltd. v.Parle Products Pvt. Ltd.
Dharampal Satyapal Foods Ltd. filed a petition seeking the cancellation and removal of the trademark registration 'MAZELO' held by Parle Products Pvt. Ltd. The Bombay High Court, in its Commercial Division, permitted the petitioner to amend their petition to include the Registrar of Trademarks as Respondent No. 2. This procedural step moves the case forward toward challenging the validity of the existing trademark.
Pernod Ricard India Private Limited v.Advent Brand House Private Limited & Ors.
The Delhi High Court issued an order in the ongoing trademark dispute between Pernod Ricard India Private Limited and Advent Brand House Private Limited. Noting that certain respondents were unserved despite previous attempts, the court directed the issuance of fresh notices to Respondent Nos. 1 and 2. The petitioner was also instructed to serve the Trade Mark Attorney who represented Respondent No. 1 in the registration process. This procedural step ensures all parties are properly notified before further proceedings continue.
Mr. Anil Rathi & Ors. v.Dsr Steel Pvt. Ltd. & Ors.
The Delhi High Court issued an order directing the continuation of litigation concerning the 'RATHI' trademark dispute between Mr. Anil Rathi & Ors. and Dsr Steel Pvt. Ltd. & Ors. Despite unsuccessful mediation efforts, the court scheduled the matter before a different bench for September 3, 2024, to continue addressing the disputed issues.
Greenlam Industries Limited v.Greenland Particle Boards Private Limited
The Delhi High Court issued procedural orders in the trademark infringement suit filed by Greenlam Industries Limited against Greenland Particle Boards Private Limited. The court allowed exemptions from pre-institution mediation and granted various applications related to filing documents and time extensions. Crucially, the court directed that summons be issued to the defendant, initiating the formal trial process for the claim of trademark infringement based on the use of similar marks like 'GREENLAND' and 'ZOHA GREENLAND'.
Sunflame Enterprises P. Ltd. v.The Registrar Of Trademarks & Anr.
Sunflame Enterprises appealed the Registrar of Trademarks' decision to reject its opposition against a trademark application. The appellant argued that the Registrar incorrectly applied the 'actual confusion' test, contending that the standard should be the more robust 'likelihood of confusion.' The Delhi High Court accepted notice and directed both parties to file detailed written submissions within four weeks, setting the stage for a substantive hearing on the merits of the trademark dispute.
Chavvi Poplai And Anr v.Rajesh Chugh And Anr
The Delhi High Court addressed two matters in this order: an application seeking condonation of delay, which was granted, and a rectification petition challenging the trademark 'NIZAM'S'. The petitioners sought to remove the respondent's trademark registration, arguing that the word is publici juris. While the court accepted notice for the main petition, it also noted prior injunction orders favoring the respondents, directing both parties to file detailed replies before the next hearing.
Samsung Electronics Co,M v.Samsung Leasing & Ors.
The Delhi High Court addressed several procedural applications in the trademark passing off suit filed by Samsung Electronics. The court allowed a minor application concerning corporate name changes for one defendant, while simultaneously framing an additional issue to determine the validity and non-use of the plaintiff's 'SAMSUNG' trademarks. Furthermore, the court dismissed the defendants' attempt to prematurely adjudicate objections regarding the mode of proof during evidence, holding that such issues are best reserved for final arguments.
Crystal Crop Protection Ltd. v.Crystal Corporation & Ors.
The Delhi High Court modified an earlier ex-parte injunction in favor of Crystal Crop Protection Ltd. after Defendant No. 1 successfully argued that the initial court findings regarding prior communications were incorrect. The Court found that the notices sent by the plaintiff were not received by Defendant No. 1, leading to a variation of the injunction. While the defendant must avoid using 'CRYSTAL' as the principal brand mark on its agro-products, it is permitted to continue using its trade name 'CRYSTAL CORPORATION' and associated logo.
Bot Organic Private Limited v.Piruz Khambhatta & Anr.
The Gujarat High Court dismissed a challenge filed by Piruz Khambhatta against an earlier Commercial Court order that allowed the plaintiff, Bot Organic Private Limited, to amend its plaint. The core dispute involved alleged trademark infringement and passing-off concerning the mark 'RUS' used on fruit juice packaging versus the plaintiff's well-known mark 'RASNA'. The court upheld the amendment, finding that adding variants of the existing trade mark did not fundamentally change the nature or scope of the original suit.
Kunj Bihari Food Processors Private Limited v.Shree Shakambari Rice Mill Private Limited & Ors.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Kunj Bihari Food Processors Private Limited against Shree Shakambari Rice Mill Private Limited. The court found that the plaintiff had made out a prima facie case regarding trademark infringement, specifically concerning the use of identical or deceptively similar labels and trade dress for rice products. This immediate relief prevents the defendants from continuing to manufacture or sell goods under the disputed marks until the full trial can take place.
Raaj Unocal Lubricants Limited v.Registrar Of Trade Marks
The Delhi High Court addressed petitions concerning the registration of impugned trademarks. While an initial request for document exemption was granted, a subsequent interim application seeking directions was dismissed because the marks had already been registered. The court noted that despite the registrations, the core legal question regarding third-party rights under Section 19 of the Trade Marks Act requires further consideration and set a date for re-notification.
The Indian Hotels Company Limited v.Shivgyan Developers Private Limited
The Delhi High Court allowed a joint settlement application between The Indian Hotels Company Limited (Plaintiff) and Shivgyan Developers Private Limited (Defendant). To avoid protracted litigation regarding the well-known trademark 'VIVANTA', both parties mutually agreed to resolve the dispute. Under the terms, the Defendant acknowledged Plaintiff's sole ownership of VIVANTA, committed to using the alternative mark 'VIVIAN,' and undertook to withdraw four pending trademark applications related to the disputed brand.
Amit Sood v.Union Of India And Ors.
The Delhi High Court ruled in favor of Amit Sood, granting cancellation of the mark 'ROSHAN' (No. 1324435) registered by the respondents under Class 42. The court found that the petitioner was the prior adopter and user of the name since the 1960s, establishing extensive goodwill in the photography sector. This judgment underscores the principle that prior use and established reputation outweigh subsequent trademark registration when seeking cancellation.
Dark Brown Through Proprietor v.State Of Haryana And Others
The Punjab-Haryana High Court addressed a petition filed by Dark Brown Through Proprietor alleging trademark infringement by Respondent No. 6, noting that local police authorities had failed to act on the petitioner's complaint. While not delving into the merits of the infringement claim itself, the court issued a directive compelling Respondents No. 2 and 3 (police/authorities) to consider and decide the petitioner's representation within two months. This order serves as an administrative nudge to ensure timely action against alleged IP violations.
M/S Prakash Pipes Limited v.Shri Ram Polymers & Anr
M/S Prakash Pipes Limited filed an opposition against the trademark registration of 'Shri New Prakash Flex' by Shri Ram Polymers & Anr, arguing that the impugned mark is deceptively similar to their existing registered marks ('Prakash', 'Prakash Gold'). The Delhi High Court has initiated the proceedings, issuing notice and setting timelines for both parties to file detailed written submissions. This case will determine whether the new registration infringes upon the petitioner's established brand rights.
Mankind Pharma Ltd. v.Gurinder Singh
The Delhi High Court allowed Mankind Pharma Ltd.'s petition seeking the cancellation of a competing trademark registered by Gurinder Singh. The court held that due to Mankind's long-standing use and established goodwill, its marks (including 'MANKIND' and the 'KIND' family) had acquired well-known status. Consequently, the registration of the impugned mark was deemed violative of Sections 11(1) and 11(2) of the Trademarks Act, leading to its removal from the register.
M/S. Vaibhav Equipments v.Vandhana Jain & Anr.
M/S. Vaibhav Equipments initiated trademark opposition proceedings against Vandhana Jain & Anr., challenging the registration of identical marks in classes 9 and 35. The petitioner asserts prior use of their trademarks, including 'VESUMO' and 'SUMO', since 1997 for welding tools, arguing that the subsequent adoption by the respondent is in bad faith. The court has issued notice to the respondents and scheduled the matter for further pleadings and hearing.
Tesla Inc. v.Tesla Power India Private Limited & Ors.
Tesla Inc. filed a suit against Tesla Power India Private Limited and others, alleging infringement of its 'TESLA' trademark and passing off in relation to battery technology marketing. The Delhi High Court formally registered the suit and allowed the parties to proceed with litigation. Crucially, during the initial hearing, the defendants provided an undertaking assuring they would not use the impugned trademarks deceptively or market EVs under the brand name, a significant development for the ongoing dispute.
M/S Vans Inc. Usa v.Fcb Garment Tex India ( P) Ltd. And Anr
The Delhi High Court took proactive steps to streamline complex intellectual property disputes involving M/S Vans Inc. Usa and Fcb Garment Tex India. The court ordered the consolidation of three separate trademark rectification petitions concerning the marks 'IVANS NXT', 'IVANS', and 'IVANS Active'. Furthermore, it directed the transfer of a related civil suit from the Patiala House Courts to be heard alongside these IP matters. This move ensures that all interconnected disputes are adjudicated together under one judicial umbrella.
Khadi And Village Industries Commission v.Meet Dilipkumar Patel And Anr.
The Delhi High Court confirmed the existing ad-interim injunction restraining the defendants from using the 'KHADI ARK' and similar marks, maintaining the status quo during the ongoing suit. While the court upheld the protection of the plaintiff's trademark rights, discussions opened regarding a potential settlement, with the defendant offering an undertaking not to use the trademarks in the future if damages were waived. The matter was adjourned for further resolution.
Liberty Group Marketing Division v.Registrar Of Trade Marks
The Delhi High Court allowed Liberty Group Marketing Division's appeal against the Registrar of Trade Marks' refusal of their trademark application. The court set aside the initial refusal, which was based on a cited mark under Section 11 of the Trademarks Act. Crucially, the court restored the application to its original number but made it conditional: the applicant must first take steps to have the cited mark cancelled or rectified before the merits of their own application will be considered.
Wellcon Animal Health Pvt Ltd v.M/S. Welldorf Labs & Ors.
In a significant development for trademark disputes, the Delhi High Court allowed Wellcon Animal Health Pvt Ltd to proceed with its petition seeking rectification of the mark 'APTIFAST'. The court accepted the respondent's instruction to voluntarily withdraw the registered trademark. Consequently, the petitioner's case was disposed of on the condition that the respondents formally file an application for withdrawal within three weeks, ensuring the mark is struck off the register.
Franco Indian Pharmaceuticals Pvt. Ltd. v.Corona Remedies Pvt. Ltd.
The Bombay High Court addressed a trademark infringement suit filed by Franco Indian Pharmaceuticals against Corona Remedies concerning the marks STIMULIV and STIMULET. The core dispute involved the validity of the Defendant's trademark registration, which the Plaintiff challenged. Satisfied that the plea regarding invalidity was prima facie tenable, the court framed an issue on this matter and adjourned the suit for further proceedings.
Green Gold Animation Private Limited v.The Registrar Of Trade Marks
Green Gold Animation Private Limited filed an appeal challenging the abandonment of opposition proceedings related to the 'MIGHTY RAJU' device mark. The High Court was asked to restore the opposition and allow the applicant to file a counter statement. However, the appellant subsequently conveyed instructions that they did not wish to pursue the appeal. Consequently, the Madras High Court dismissed the appeal as withdrawn.
Marico Limited v.Bayer AG
The Madras High Court disposed of the trademark cancellation petition filed by Marico Limited against Bayer AG. The court noted that despite delays in execution due to one signatory being in Germany, the parties had reached a full settlement regarding the trademark No. 1296206. Consequently, the original petition was closed, and both parties were directed to file a formal memo of settlement with the Registry.
New Balance Athletics Inc. v.Nineplus Shoes Private Limited
In this trademark infringement suit, the Delhi High Court addressed procedural issues arising from a Local Commissioner's report detailing alleged removal of infringing goods. The Court clarified that while the Defendant was found to be using the impugned mark contrary to assurances, it dismissed adverse observations against the defendant's counsel for merely informing industry associations about the lawsuit. Crucially, the Court mandated fresh service and personal appearance by the key representative of the Defendant, ensuring due process before proceeding with coercive measures.
M/s Munjal Showa Limited v.M/s Star India Private Limited
The Madras High Court addressed a batch of petitions concerning the rectification and removal of several trademarks, including 'MANJAL.' The court accepted the first respondent's affidavit stating that some trademarks had expired and others were not being put to use despite renewal. Consequently, the court allowed the petitions, directing the first respondent to initiate necessary cancellation applications before the Trade Marks Registry within a specified timeframe.
Sebile Educations Private Limited v.Nikita Dubey Rai
Sebile Educations Private Limited filed a suit seeking permanent injunctions against Nikita Dubey Rai and others for infringing its registered trademark, 'LITTLE EINSTEINS', and violating copyright laws. The plaintiffs alleged that the defendants were using the deceptively similar mark 'LEARNING EINSTEINS' in educational services. However, despite previous court directions to file proof affidavits and documents before the Master, the plaintiff failed to comply with the order. Consequently, the Madras High Court dismissed the suit for default.
M/s.Aariza Electricals v.M/s.Vijay Pipes Industries
The Madras High Court overturned a lower court's decision that barred the defendant from filing their written statement in a trademark dispute. The court clarified that when a suit is converted into a 'transferred suit' under the Commercial Courts Act, the strict 120-day limit for filing a defense does not apply. By allowing the defendants to file their response, the High Court ensured justice and allowed the commercial suit to proceed.
M/s.R.K.Gnapathi Chettiar v.G.Saravanan
The Madras High Court closed an Original Petition seeking rectification of a trademark registration after both parties entered into a joint compromise memo. The petitioner, M/s.R.K.Gnapathi Chettiar, successfully secured commitments from G.Saravanan to cease using the disputed mark and take steps within 30 days to cancel Registration No. 3814752 in Class 29. This settlement provides a definitive resolution to the trademark dispute.
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