India Trademark Cases
3,667 decisions indexed
Page 32 of 123 · 3,667 total
Richi Mathew v.Muthoot Finance Ltd; The Trademark Registry
The Madras High Court addressed two Original Petitions concerning the rectification and expungement of specific trademarks registered under Trademark Nos. 1880132 and 1248199 in Class 36. However, before any substantive ruling could be made on the merits of the trademark entries, the petitioner filed an endorsement stating that they no longer wished to pursue these petitions. Consequently, the Court dismissed both Original Petitions as withdrawn.
The Procter & Gamble Company v.Rspl Limited
The Delhi High Court allowed a rectification petition filed by The Procter & Gamble Company against Rspl Limited, directing the removal of the trade mark 'VINGS'. The court found that 'VINGS' was phonetically and identically similar to the petitioner's prior registered trademark 'WINGS', which covered identical goods (sanitary pads). Furthermore, the respondent failed to provide credible evidence of use for their mark during the application process. While the immediate rectification is granted, the broader issue regarding Rspl's descriptive use of 'with wings' remains open and will be decided in a separate suit.
Anuj Bindal M/S Aggarwal Rice And Oil Mills v.Tarsem Chand M/S R.D Traders
The Delhi High Court allowed the petition filed by Aggarwal Rice and Oil Mills, leading to the cancellation of a nearly identical trademark registration held by R.D Traders. The court found that both marks were phonetically and structurally similar, creating a high likelihood of consumer confusion in the animal feed market. Crucially, the court determined that while the Petitioner's prior use was not perfectly documented, the Respondent failed to provide credible evidence supporting their claimed date of first use, thus invalidating the registration under Section 9(2)(a) and on grounds of fraudulent representation.
Glow Shoes Private Limited v.Trk Industries Pvt Ltd & Ors.
The Delhi High Court addressed an application filed by the defendant, Trk Industries Pvt Ltd, challenging the validity of Glow Shoes Private Limited's trademark registration No. 1467735 ('TRV') in Class 25. Despite unsuccessful settlement attempts between the parties, the court issued notice and scheduled the matter for further proceedings on August 29, 2024. This order keeps the dispute alive, allowing both sides to proceed with their arguments regarding trademark validity.
M.Anees Ahmed (M/s.Ambur Star Briyani) v.Star Briyani
The Madras High Court addressed a suit filed by M.Anees Ahmed concerning the alleged misuse of his trade name, "Ambur Star Briyani," by the defendant, "Star Briyani." The plaintiff sought permanent injunctions against infringement and passing-off, as well as a declaration that his mark is a 'well-known mark.' The court examined the long history and extensive public recognition of the plaintiff's brand, which traces its origins back to 1890. While the judgment details the claims for relief, it appears to be an interim or procedural order given the lack of detailed findings on merits in the provided excerpt, setting the stage for further litigation.
Shrinath Travel Agency & Anr. v.Maventech Labs Private Limited & Ors.
The Delhi High Court granted an ex parte ad interim injunction in favor of Shrinath Travel Agency against Maventech Labs Private Limited and others. The plaintiffs alleged that the defendants were deceptively adopting their registered trademarks ('SHRINATH') and associated marks in the tour and travel industry, including through identical domain names. The court found a prima facie case was made out, noting that balance of convenience favored the plaintiffs, leading to immediate restraint on the use of infringing marks and websites until the final hearing.
Disposafe Health And Life Care Limited v.Registrar Of Trade Marks
In this trademark dispute before the Delhi High Court, Disposafe Health And Life Care Limited sought clarification on the service status of a hearing notice related to their application. While the Registrar of Trade Marks cited database records indicating successful notice dispatch, the appellant argued that the portal did not confirm actual service. The court granted the appellant liberty to file an affidavit to substantiate their claim regarding the lack of service confirmation.
Mankind Pharma Limited v.Manking Pharmaceutical Private Limited & Anr.
The Delhi High Court granted an ex parte ad interim injunction in favor of Mankind Pharma Limited against Manking Pharmaceutical Private Limited. The court found a prima facie case based on the phonetic similarity between the 'MANKIND' mark and the defendant's adopted variations, as well as the use of a deceptively similar logo device. Furthermore, the plaintiff highlighted suspicious corporate links, suggesting the defendant was incorporated by an ex-employee to dishonestly adopt the protected brand identity.
Pluto Travels India Private Limited v.Ptw Holidays Private Limited
The Delhi High Court addressed multiple interlocutory applications in the trademark infringement suit filed by Pluto Travels against Ptw Holidays. The court allowed several procedural requests, including condonation of delay and exemptions from pre-institution mediation. Crucially, the court noted the plaintiff's claim regarding the use of the identical mark 'PLUTO' for travel services and directed service of notice on the defendant concerning the injunction request, setting a date for further hearing.
Karan Rathore v.Registrar Of Trade Marks & Anr.
Karan Rathore appealed the Registrar of Trade Marks' decision that dismissed his opposition against a trademark application. The Delhi High Court accepted the appeal under Section 91 of the Trade Marks Act, allowing the matter to proceed. Notice has been issued to the respondents, who have been granted six weeks to file their reply and subsequent rejoinder.
Zydus Healthcare Limited v.Flipkart Internet Pvt Ltd & Ors.
The Delhi High Court addressed concerns raised by Zydus Healthcare regarding counterfeit goods sold on Flipkart. While acknowledging that e-commerce platforms have mechanisms in place, the court highlighted critical procedural flaws, particularly concerning seller onboarding, GST misuse, and product identification (FSN). The judgment mandates Flipkart to investigate these issues, provide specific documentation like bank details, and implement technical solutions to prevent genuine sellers from being unfairly de-listed.
Bic Cello India Private Limited v.Ramanlal Rughnathmalji Jain
Bic Cello India Private Limited initiated proceedings in the Delhi High Court seeking the invalidation of a trademark registration held by Ramanlal Rughnathmalji Jain, specifically concerning the mark 'TRIMORE'. The court accepted the plaintiff's application and issued notice to the defendant. This marks the initial procedural step in challenging the validity of the registered trademark.
Belle Wears Private Limited v.Hobby Garments Private Limited
The Delhi High Court initiated proceedings in the trademark infringement and passing off case filed by Belle Wears Private Limited against Hobby Garments Private Limited. The court formally registered the suit and directed the issuance of summons to the defendant. Crucially, the plaintiff was also granted an interim order allowing notice to be served on the defendant regarding the alleged infringement of the 'TEENAGER' trademark and artistic work, setting the stage for further litigation.
Thukral Mechanical Works v.Pm Diesels Private Limited & Anr.
The Delhi High Court, in a series of connected appeals, addressed challenges to an earlier finding regarding trademark non-use. While some applications were disposed of with exemptions allowed, the court granted a stay on the main impugned judgment. This decision highlights the ongoing judicial scrutiny over trademark cancellation proceedings, particularly when conflicting interpretations of Supreme Court precedents arise.
M/S Deluxe Agriculture Works v.Deluxeagriculture Industries Private Limited & Ors.
The Delhi High Court ruled in favor of M/S Deluxe Agriculture Works, overturning a rectification made by the Trademarks Registry that had transferred ownership of the 'Deluxe' trademark to Deluxe Agriculture Industries Private Limited. The court found that the purported Deed of Assignment was invalid because Respondent No. 2 denied executing it and alleged forged signatures. Consequently, the registration was restored to M/S Deluxe Agriculture Works, affirming their original proprietorship.
Bp P.L.C. & Anr. v.Subhash Chandra, Trading As Shivay Enterprises
In this trademark dispute, the Delhi High Court addressed an application seeking summary judgment. While noting that the defendant had previously complied with a court injunction and ceased using the impugned trademarks, the court did not grant immediate relief. Instead, it allowed the defendant to file a response regarding claims for costs and damages, keeping the litigation active.
Powerhouse Licensing LLC. v.Anand Rai
Powerhouse Licensing LLC successfully secured an interim injunction in the Bombay High Court against Respondent No. 1 regarding a conflicting trademark registration for 'POWERHOUSE GYM'. The court found that the Petitioner holds prior, famous, and well-known rights to the mark, making the impugned registration prima facie liable to be cancelled or rectified. This initial victory allows the Petitioners to prevent any misuse of their brand while the full legal proceedings continue.
Nadeem Majid Oomerbhoy v.Sh. Gautam Tank And Ors
The Delhi High Court addressed a pending interlocutory application in the trademark infringement suit. The court framed an additional issue to determine whether the defendant is liable to pay additional damages for using the impugned mark after the suit was revived, given that the original ad interim injunction had stood. With evidence complete and parties consenting not to lead further evidence, the matter was scheduled for final hearing.
Shree Ganesh Rolling Mills (India) Ltd v.M/S Jindal Rolling Mill Ltd
The Delhi High Court decreed a trademark infringement suit filed by Shree Ganesh Rolling Mills against M/S Jindal Rolling Mill Ltd. The case, which involved allegations of passing off regarding the 'JINDAL' mark, was resolved through mediation and a subsequent settlement agreement. The court upheld the compromise decree, ensuring that while the parties remain bound by the terms, the specific details of the confidential settlement will not be disclosed in the public record.
Shree Shyam Snacks Food Pvt Ltd v.Bikanervala Foods Pvt Ltd
The Delhi High Court disposed of the trademark dispute between Shree Shyam Snacks Food Pvt Ltd and Bikanervala Foods Pvt Ltd following a comprehensive settlement. The defendant agreed to exhaust all existing stock bearing the disputed mark 'SHYAMJI' by September 30, 2024, while simultaneously withdrawing opposition and registration applications related to that mark. Crucially, the plaintiff consented not to oppose the defendant's adoption of the new trademark, 'SHYAM RASS', effectively resolving the conflict amicably.
Punam Flutes v.Mahesh Chand Gupta And Anr
The Delhi High Court allowed Punam Flutes' petition seeking the cancellation of a conflicting trademark registration ('PUNAM'). The court found that the impugned mark was deceptively similar to the Petitioner's prior and well-established mark, 'PUNAM FLUTES,' used for musical instruments. Given the strong potential for consumer confusion and the Petitioner's established market reputation, the Court ruled that the Respondent's registration could not sustain under Section 11(1)(b) of the Trademarks Act.
The Polo/Lauren Company L.P v.M/s Royal Classic Mills Private Limited
The Madras High Court addressed a petition filed by The Polo/Lauren Company L.P seeking to remove an alleged infringing trademark, 'CLUB LINE BY CLASSIC POLO,' registered under No. 1236106 in Class 25. However, the court noted that the first respondent (M/s Royal Classic Mills Private Limited) had already filed a formal application (TM-P dated 22.04.2024) to cancel this specific trademark registration. Consequently, the High Court closed the petition, confirming that the objective of the petitioner was achieved through the action taken by the respondent.
Mayfair Lighting Llp v.The Registrar Of Trade Marks & Anr.
The Delhi High Court allowed the appeal filed by Mayfair Lighting Llp, overturning an earlier decision that had deemed their trademark opposition abandoned. The court found that the original timeline for filing evidence was flawed due to issues with service of the counter-statement by the Registrar of Trade Marks. Consequently, the registration of the mark 'LONDON MAY FAIR' in favor of Respondent No. 2 was cancelled, and the opposition proceedings were restored.
Cosmetic Warriors Limited v.Apex Laboratories Pvt. Ltd
The Madras High Court allowed the rectification petition filed by Cosmetic Warriors Limited against Apex Laboratories Pvt. Ltd regarding the trademark 'BIOMIC SCIENCE'. The court accepted the argument that despite registering the mark in 2012, the first respondent had failed to put it to substantial use in commerce. Consequently, the registration entry was rectified and removed.
Tipping Mr Pink Private Limited v.M/S Savera Eats
The Delhi High Court granted an interim order in favor of Tipping Mr Pink Private Limited against M/S Savera Eats. The Petitioner sought injunctions against the Respondent for continuing to use the registered 'BURGER SINGH' trademarks after a franchise agreement had been terminated. Given the alleged ongoing infringement and reputational damage, the court appointed a Local Commissioner to conduct a search and seizure of all infringing materials at the Respondent's premises.
Lt Foods Ltd & Anr. v.Ss Enterprises
The Delhi High Court granted an ex parte ad interim injunction in favor of Lt Foods Ltd & Anr. against Ss Enterprises regarding alleged trademark infringement and passing off related to rice products. The court found that the plaintiffs had made out a prima facie case, noting the defendant was distributing empty packaging filled with non-plaintiff's grains. This immediate relief prevents further damage while the main suit proceeds, underscoring the court's willingness to protect established brands against counterfeiting.
Jk Lakshmi Cement Ltd. v.Kana Ram Kalirana & Anr.
The Gujarat High Court disposed of a rectification petition filed by Jk Lakshmi Cement Ltd. against Kana Ram Kalirana & Anr. The court noted that the parties had entered into a settlement in another suit, wherein Respondent No. 1 undertook to abandon the impugned trademark registration. Consequently, the court directed the Trade Marks Registry to expedite the processing of the withdrawal application filed by the respondent, effectively allowing the matter to be resolved through administrative action.
Regency Plywood Industries Pvt. Ltd v.Chowdhury Enterprise And Ors
The plaintiff filed a suit seeking relief concerning its registered mark "METRO" against the respondents. The court addressed procedural matters, granting the plaintiff leave to add prayers and confirming jurisdiction under specific legal provisions.
V.Lakshminarayanasamy & Suguna Lakshminarayanasamy v.Siva Bhaskaren & The Deputy Registrar, Trademark Registry, Chennai
The Madras High Court dismissed a petition seeking the removal or cancellation of Trademark Registration No. 1191299, which was registered in Siva Bhaskaren's name for goods like pressure cookers and fans. The court noted that the trademark's validity expired on April 10, 2023, as no renewal request had been filed within the ten-year period. Consequently, the petition seeking rectification became infructuous, leading to its closure.
V.K.R. Venkatesan v.S.Athiappan
V.K.R. Venkatesan filed a civil suit against S.Athiappan, Proprietor of Chitra Enterprises, alleging infringement of his registered trademarks ('SIVAJI' and 'V.K.R. SIVAJI BRAND') and copyright over artistic works. The plaintiff sought perpetual injunctions to stop the use of deceptively similar marks like 'SIVAJI GOLD'. However, before the court could rule on the merits of the infringement claims, the plaintiff chose to withdraw the suit.
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