India Trademark Cases
3,740 decisions indexed
Page 34 of 125 · 3,740 total
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.
Taco Bell Corp. v.Tamoghna Foods & Enterprises
The Delhi High Court allowed Taco Bell Corp. to withdraw its rectification petition against Tamoghna Foods & Enterprises' trademark registration, provided the latter adheres to a binding undertaking. Tamoghna had previously initiated opposition proceedings against Taco Bell’s 'TACO SUPREME' mark despite limitations on their own registered device mark. The court accepted Tamoghna's commitment to cease all oppositions and cancellations related to 'TACO SUPREME', allowing the petition to be disposed of while preserving rights for future action in case of breach.
Paulsons Beauty And Fashion Private Limited v.Jona'S Cafe
The Madras High Court ruled in favor of Paulsons Beauty And Fashion Private Limited, finding that Jona'S Cafe was infringing upon its registered trademark 'JONAH'S' and engaging in passing off. The court determined that the defendant's use of 'JONA'S,' despite a minor alteration, was deceptively similar to the plaintiff's well-known mark, especially given their proximity and identical business sector (food chain). Consequently, the court granted permanent injunctions and directed the defendant to pay damages based on profits earned.
Jabir Hussain Trading As M/S Hakeem Hotel v.Ali Asgar Trading As M/S. Hakeem Restaurant
The Delhi High Court allowed an appeal filed by Jabir Hussain (M/S Hakeem Hotel) against a Commercial Court's decision to return its trademark infringement plaint. The appellant sought permanent injunction against the respondent for infringing and passing off their registered trademarks in North West Delhi. The High Court ruled that since the plaintiff pleaded both existing operations via e-commerce platforms within Delhi's jurisdiction, and an imminent threat of physical expansion into Delhi, a valid cause of action existed within the territorial limits. Consequently, the Commercial Court's order returning the plaint was set aside, and the suit was restored.
Meenu (Trading As M/S Albro Industries) v.The Registrar Of Trade Marks & Anr.
The Delhi High Court addressed procedural applications filed by Meenu (M/S Albro Industries) in an appeal challenging the Registrar of Trade Marks' order. The court condoned a 11-day delay in filing the Memorandum of Appeal and allowed the appellant exemption from submitting original documents. The core dispute, concerning whether a counter statement was properly served during opposition proceedings for the 'AIRODO' trademark, has been listed before the Joint Registrar to complete service, setting the stage for further litigation.
Electronica India Ltd. v.Electronica Hitech Machines Pvt. Ltd.
The Bombay High Court ruled in favor of Electronica India Ltd., setting aside the Registrar of Trade Marks' communications that allowed a subsequent proprietor (Electronica Hitech Machines Pvt. Ltd.) to record ownership via Form TM-24. The court found significant procedural flaws, including the lack of a speaking order and discrepancies in official records. Consequently, the matter was remanded back to the Registry for fresh consideration, ensuring the Petitioner is given a full opportunity to be heard before any decision is made.
Soremartec S.A v.M/s.Cavinkare Private Limited
The Madras High Court closed rectification petitions filed by Soremartec S.A against M/s.Cavinkare Private Limited after both parties executed a comprehensive Memorandum of Compromise. The settlement allows Cavinkare to continue using the disputed marks ('MOMENTS') but strictly limits their application to specific, non-conflicting goods (e.g., coffee and tea). Crucially, Cavinkare agrees not to use these marks for confectionery or chocolate products, thereby protecting Soremartec's superior rights in 'FERRERO MOMENTS'.
Eicher Motors Limited v.Www.Royalenfielddealerships.In & Ors.
The Delhi High Court extended the existing ad interim injunction granted in favor of Eicher Motors Limited against various parties involved in trademark infringement. The court found that new imposter domain names were being used to deceive customers, collecting money under the guise of fake dealerships using the 'Royal Enfield' mark. Consequently, the court issued sweeping directions requiring Domain Name Registrars and financial institutions to lock and suspend the infringing domains and accounts.
Mallcom (India) Limited v.Shanti Udyog Weldsafe Private Limited & Ors.
The Delhi High Court granted an interim injunction in favor of Mallcom (India) Limited, protecting its registered trademark 'TIGER' used for safety shoes. The court found that the defendant's mark was deceptively similar and violated both statutory and common law rights. While restraining further use, the defendants were allowed a grace period to deplete their existing stock and were ordered to take down the infringing website.
Fmi Limited v.Fakhruddin Saifuddin Bharmal
The Delhi High Court ruled in favor of Fmi Limited, granting a permanent injunction against Fakhruddin Saifuddin Bharmal for using the deceptively similar trademark 'FREEMANS PROFESSIONAL' on protective hand gloves. Despite the defendant arguing that he was merely a reseller and not the manufacturer, the court found his admission of dealing in the infringing goods sufficient to uphold the infringement claim. The judgment underscores that even resellers can be held liable if they use marks confusingly similar to an established trademark.
Berger Paints India Ltd. v.JSW Paints Pvt. Ltd.
The Calcutta High Court addressed an appeal concerning the use of the word 'silk' in relation to paint products. While acknowledging that 'silk' can be used descriptively to denote a specific product finish, the court cautioned against its misuse as a trademark that could lead to consumer confusion (passing off). The court allowed JSW Paints Pvt. Ltd. to continue using 'silk' on their product tumblers, provided they strictly limit its use only to products with a silk finish and clearly state this description in advertisements. The core proprietary rights of Berger Paints India Ltd. over the term remain undecided pending trial.
Honasa Consumer Limited v.Registrar Of Trade Marks
The Delhi High Court allowed Honasa Consumer Limited's appeal against the refusal to register its trademark 'THE DERMA CO'. The initial rejection was based on similarity and likelihood of confusion with an earlier cited mark. However, by providing a disclaimer that they only claim rights over the composite mark and not the word 'DERMA', the court accepted the application. This decision highlights how strategic disclaimers can overcome objections in trademark registration proceedings.
Adret Retail Private Limited v.Abhinandan Industries & Ors.
The Delhi High Court issued a detailed order in the ongoing suit concerning alleged trademark infringement and passing off by defendants using the 'KAPIVA' family of marks. The court granted an interim injunction application (I.A. 8103/2024) by directing the execution of local commissioners' commissions at the defendants' premises. This action is crucial for the plaintiff, Adret Retail Private Limited, to gather evidence regarding the alleged counterfeit products and unauthorized use of their registered trademarks in the market.
Mankind Pharma Limited v.Solitaire Pharmacia And Anr
The Delhi High Court issued an order in the trademark dispute between Mankind Pharma Limited and Solitaire Pharmacia And Anr. The court directed the Respondent to file additional documents demonstrating that the Petitioner was simultaneously seeking rectification of the impugned trademark 'CUREKIND' before the Trademark Registry. Furthermore, the hearing was adjourned to September 2nd, 2024, allowing both parties time to submit composite briefs.
Frhi Hotels & Resorts S.A R.L. v.Vishwaratna Hotel Pvt Ltd
The Delhi High Court granted an ex parte ad interim injunction in favor of Frhi Hotels & Resorts S.A R.L. against Vishwaratna Hotel Pvt Ltd. The court found that the plaintiff, owner of the well-known trademark 'FAIRMONT', had made out a prima facie case for infringement. This order specifically restrains the defendant from using 'FAIRMONT' or any deceptively similar mark in connection with their hotel properties, including the disputed 'OCTAVE FAIRMONT SUITES'. The ruling underscores the immediate protection available to brand owners against unauthorized use of their trademarks.
Mittal Electronic Industries v.The Registrar Of Trade Marks
Mittal Electronic Industries filed a petition challenging the current registration status of the trademark 'MILTON' (No. 419520). The petitioner contends that despite their historical association with the mark, the proprietorship is now incorrectly listed under an unrelated entity, 'Indian Agencies.' The Delhi High Court issued notice to the Registrar of Trade Marks, prompting a formal inquiry into the ownership and registration details of the trademark.
Frhi Hotels & Resorts S.A R.L. v.Abdul Rehman & Ors.
The Delhi High Court addressed an injunction application in a trademark infringement suit brought by Frhi Hotels & Resorts S.A R.L. The court accepted the Plaintiff's claim regarding the established goodwill associated with 'FAIRMONT' and 'THE FAIRMONT'. Crucially, Defendant No. 1 agreed to cease using the infringing device mark and domain name 'www.fairmontin.in', leading the Court to grant a temporary injunction and a four-week period for implementation of the changes. The court also extended these directions to Defendants No. 2 and 3.
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