India Trademark Cases
3,740 decisions indexed
Page 36 of 125 · 3,740 total
Bhargava Phytolab Private Limited v.Ldd Bioscience Private Limited
The Delhi High Court granted an interlocutory injunction in favor of Bhargava Phytolab Private Limited against Ldd Bioscience Private Limited regarding trademark infringement. The court found that the defendant's use of 'TUMOTIN' was deceptively similar to the plaintiff's registered mark 'TUMORIN,' leading to a prima facie case for infringement under Section 29 of the Trade Marks Act. While the injunction restricts future use, the parties were also directed to mediation to amicably resolve the dispute.
Visakha Chemicals v.Bindal Food Products
The Delhi High Court ruled in favor of Visakha Chemicals against Bindal Food Products for trademark infringement and passing off related to Ayurvedic products. The Plaintiff successfully demonstrated prior usage and established significant goodwill for their trademarks 'ROCHAK' and 'AM PACHAN,' as well as the associated trade dress/packaging, which were deceptively copied by the Defendant. Consequently, the court granted a permanent injunction restraining the Defendant from using these marks and awarded nominal damages.
Eveready Industries India Limited v.Ksc Industries & Ors.
The Delhi High Court granted an interim injunction in favor of Eveready Industries India Limited against Ksc Industries & Ors. The court found that the Defendants' use of the mark 'EVERYDAY' was deceptively similar to Eveready's well-known trademark, 'EVEREADY', leading to potential infringement and passing off. Given the prima facie case made out by Eveready and the risk of irreparable harm, the court restrained the defendants from manufacturing or selling goods under the impugned mark until further hearing.
Sun Pharma Laboratories Limited v.Narender Kumar & Ors.
The Delhi High Court upheld the existing interim injunction in favor of Sun Pharma Laboratories Limited against Narender Kumar & Ors. The dispute centered on alleged passing off, where the defendant used the mark 'CAFTADAY' for an eye drop containing the compound ALCAFTADINE, deceptively similar to the plaintiff's mark 'CAFTA'. Despite arguments from the defense regarding generic drug naming conventions and INNs, the Court found that the plaintiff had satisfied the triple test for passing off. Consequently, the injunction was maintained, preventing the defendants from using the impugned mark during the pendency of the suit.
Ceat Limited v.The Registrar Of Trade Marks
The Delhi High Court dismissed Ceat Limited's appeal challenging the rejection of its trademark application 'FARMAX'. The court found that the appellant failed to adequately explain a significant delay in filing the appeal, rendering the condonation plea specious. Furthermore, on the merits, the court held that 'FARMAX' was structurally and phonetically similar to existing marks ('FORMAX' and 'FARMOX') registered for related goods (vehicles/tractors), creating a strong likelihood of consumer confusion.
Puma Se v.Gajari Online Services Private Limited
The Delhi High Court granted a rectification petition filed by Puma Se against Gajari Online Services Private Limited, ordering the variation of the respondent's registered trademark (No. 3685326). The court accepted the petitioner's argument that the 'leaping lion' device within the impugned mark was deceptively similar to Puma's well-known 'leaping cat' device. Consequently, the court directed the deletion of the leaping lion element from the trademark while allowing the word 'GAJARI' to remain.
Mankind Pharma Limited v.Passiflora Pharmaceuticals
Mankind Pharma Limited filed a suit seeking permanent injunction against Passiflora Pharmaceuticals, alleging trademark infringement of its registered mark 'FLORA' in the pharmaceutical sector. The court addressed several interlocutory applications, including granting exemption from pre-institution mediation and setting timelines for filing replies to the injunction application (Order XXXIX Rule 1 & 2 CPC). The proceedings are moving forward with standard civil procedure steps, indicating an active dispute over brand reputation and market goodwill.
Everest Food Products Private Limited v.Everest Beverages And Food Industries & Anr.
This appeal before the Delhi High Court challenges an earlier order that set aside an opposition filed by Everest Food Products against a Trademark Application. The appellant argued that crucial documents were misplaced or not supplied to them, hindering their ability to present a full case regarding prior use and rights. While the court did not rule on the merits of the trademark dispute, it granted an adjournment to allow further submissions and document exchange.
Abhishek Kumar Goyal v.M/S Diyaa Enterprises & Anr.
The Delhi High Court allowed an appeal filed by the appellant against a Hearing Officer's decision in a trademark opposition case concerning detergent products. The court found that the original officer erred by comparing the respondent's mark with only the appellant's word mark, ignoring the appellant's prior device mark which was on record and presented during hearings. Consequently, the High Court set aside the impugned order and remanded the matter back to the Registrar of Trade Marks for a fresh, de novo hearing.
Tiger Aspect Kids And Family Limited v.Mr.Bean Trampoline Park/Mr.Been Trampoline Park
Tiger Aspect Kids And Family Limited successfully obtained leave from the Bombay High Court to proceed with a commercial IP suit against Mr.Bean Trampoline Park. The petitioner, owner of the 'Mr.Bean' character and associated trademarks/copyrights, alleged infringement by the respondent operating under similar names and marks. The court granted permission, finding that a substantial part of the cause of action arose within Mumbai, thereby establishing jurisdiction despite the park being located elsewhere.
Waycool Food Products Private Limited v.Cheedalla Gopinath, Aditya Rice Enterprises, Sree KVR Industries
Waycool Food Products Private Limited filed a civil suit against several defendants alleging passing off, copyright infringement, and misuse of its distinctive trade dress and logo in the packed rice market. The plaintiff sought permanent injunctions and damages for the alleged violations. Ultimately, both parties reached a Memorandum of Compromise on February 17, 2024, leading to the court decreeing the suit while noting that the plaintiff had waived the claim for monetary damages.
Puma Se v.K.Srinivasan Trading as K.Srinivasan Mills & The Registrar of Trade Marks
The Madras High Court allowed Puma Se's petition for rectification, directing the removal of a conflicting trade mark registration (No. 2892343) held by K.Srinivasan Mills. The court found that the leaping cat depicted in the respondent's label bore a strong resemblance to Puma's registered 'leaping puma' logo. This ruling reinforces the principle that established trademark proprietors are entitled to protect their distinctive logos against confusingly similar marks, even if those marks operate in related classes.
Swasth Digital Health Foundation v.Trade Marks Registry
The Madras High Court allowed an appeal filed by Swasth Digital Health Foundation against the Trade Marks Registry's refusal to register its composite mark. The court held that the mark, taken as a whole, possesses sufficient distinctiveness for registration. Furthermore, the court ruled that the Registrar exceeded his statutory authority by restricting the use of national flag colors in the device, emphasizing that an owner has the freedom to choose their color scheme unless explicitly restricted by law.
Saera Electric Auto Limited v.Malak Techno Private Limited
Saera Electric Auto Limited successfully resolved its trademark infringement suit against Malak Techno Private Limited through mediation. The parties entered into a comprehensive settlement agreement, which the Delhi High Court subsequently decreed. Under the terms, Malak Techno agreed to cease all use of the impugned mark 'MAYUR' and any deceptively similar variations, acknowledge Saera as the sole owner of the 'MAYURI' trademarks and copyright in its logo, and pay damages totaling Rs. 2,50,000/-.
Sunil Dutt Trading As Kilter v.Pro Muscle Science & Anr.
The Delhi High Court addressed the dispute between Kilter (owner of 'MUSCLE SCIENCE') and Pro Muscle Science regarding trademark infringement in the dietary supplement market. The court found that the Defendants' use of marks like 'PRO MUSCLE SCIENCE' was highly likely to cause consumer confusion, as the Plaintiff's registered mark is entirely incorporated into the competing names. Consequently, the existing interim injunction favoring the Plaintiff was confirmed. While the matter proceeds toward mediation, the ruling strongly affirms the protection afforded to established trademarks against similar competitors.
Sequoia Capital Operations Llc & Ors v.John Doe And Others
In this trademark infringement suit, the Delhi High Court addressed an application seeking to involve WhatsApp LLC in the proceedings. The court allowed WhatsApp's impleadment and issued specific directions requiring the platform to remove or block identified infringing groups and accounts associated with Sequoia Capital's trademarks. Crucially, while ordering the removal of known infringers, the court also mandated that Plaintiffs must first notify account holders before any further blocking action is taken, balancing enforcement needs with due process concerns.
Novartis Ag & Anr. v.Medisave Formulations India Llp
The Delhi High Court granted interim relief in the trademark infringement suit filed by Novartis against Medisave Formulations. Recognizing the urgent nature of the case, the court exempted the plaintiffs from standard procedural requirements like advance service and pre-institution mediation. Crucially, the court appointed a Local Commissioner to conduct a search at the defendant's premises, seize infringing products bearing the mark 'ZYMADA', and inspect relevant financial documents, finding prima facie evidence of deceptive similarity between the marks and packaging.
PepsiCo, Inc. v.Majji Suresh
PepsiCo successfully petitioned the Madras High Court to strike off a confusingly similar trademark, 'PEPPS,' registered by Majji Suresh. The court found that the mark PEPPS bears striking phonetic and visual resemblance to PepsiCo's globally recognized mark, PEPSI. Given PepsiCo's established reputation and well-known status of its brand, the court allowed the petition, directing the cancellation of the infringing registration.
Joy Creators Llp v.Bath And Body Works Brands Management Inc.
The Delhi High Court directed both parties to engage in mandatory pre-litigation mediation regarding a trademark infringement dispute concerning the use of 'JOY'. The plaintiff sought an injunction against Bath & Body Works for alleged passing off and trademark infringement. However, the court noted that the defendants had previously proposed a resolution, suggesting they would only sell the product through their own branded stores to avoid confusion, and were willing to refrain from filing trademarks on 'JOY' as a descriptive term. Given these discussions, the Court mandated mediation to explore an amicable settlement before proceeding with litigation.
Alpha Foundation for Education and Research v.Akara Education Private Limited
The Madras High Court allowed multiple appeals filed by Alpha Foundation against the Assistant Registrar's decision to treat their opposition as abandoned. The court ruled that the failure of the Registrar to provide proof of service of the counter statement was fatal, overriding procedural delays in filing evidence. Consequently, the opposition has been restored, and the challenged trademark registrations have been held in abeyance pending a full hearing on the merits.
Levi Strauss & Company v.Inder Mohan Chadha
Levi Strauss & Company filed a suit against Inder Mohan Chadha for infringement of its well-known trademarks, including 'Levi's' and the Two Horse logo. The plaintiff alleged that the defendant was clandestinely stocking, distributing, and selling apparels bearing falsified marks identical or deceptively similar to those registered by Levi Strauss & Company.
Novartis Ag & Ors. v.Noviets Pharma & Ors.
The Delhi High Court addressed several interlocutory applications in the trademark infringement dispute between Novartis Ag & Ors. and Noviets Pharma & Ors. The court allowed the plaintiffs to file additional documents and granted an exemption from mandatory pre-suit mediation. Crucially, the court formally registered the plaint as a suit, setting out detailed procedural timelines for filing written statements, replications, and affidavits of admission/denial, while also addressing the preliminary injunction application seeking restraint against trademark infringement.
Nababuddin Ahmed v.The Registrar Of Trademarks Kolkata And Anr
The Calcutta High Court ruled in favor of Nababuddin Ahmed, setting aside the unauthorized removal of his registered trademark. The court held that merely uploading a notice on an official website does not constitute valid service under Section 25 of the Trade Marks Act, 1999. Since the petitioner was not given individual notice and opportunity to rectify defects, the administrative action taken by the Registrar was deemed vitiated.
Diageo North America, Inc v.Venkateshwara Winery & Distillary Pvt. Ltd.
Diageo North America filed a petition seeking rectification (cancellation) of the trademark 'BULLET MALTED WHISKY' registered by Venkateshwara Winery & Distillary Pvt. Ltd., alleging that it is deceptively similar to Diageo's well-known mark 'BULLEIT'. The court allowed the petition, finding that the petitioner had established a case for cancellation.
Gm Modular Pvt Ltd. v.Mayur Electromeck Pvt Ltd.
The Delhi High Court allowed the rectification petition filed by Gm Modular Pvt Ltd., successfully challenging the registration of a similar mark held by Mayur Electromeck Pvt Ltd. The court found that the Impugned Mark was not genuinely used in commerce, despite the respondent's claims. Based on the lack of substantial evidence of use and potential confusion with the established 'GM' brand, the High Court ordered the cancellation of the infringing trademark registration.
International Education & Research Foundation v.Deputy Commissioner of Income Tax, International Tax (DCIT)
The assessee, International Education & Research Foundation, challenged the charging of TDS and interest by the DCIT regarding annual payments made to international educational boards like IBO/Cambridge. The Assessing Officer held these payments constituted royalty for using trademarks. The Tribunal condoned the delay in filing and restored the matter to the AO for further clarification on the nature of the lump sum fees.
M/s.Mex Switchgears Pvt. Ltd. v.M/s.Mirshad C.E.502
The Madras High Court allowed the appeal filed by M/s.Mex Switchgears Pvt. Ltd., directing the Trade Marks Registry to restore the opposition proceedings. The core issue was the Registrar's decision to dismiss the opposition as abandoned due to non-production of evidence. The court ruled that for an opposition to be validly initiated, the applicant must prove service of the counter statement on the opponent, and a mere assertion of email service without proof is insufficient under the Trade Marks Act.
Odi-Ray Industries Limited v.P.Krishnam Raju; The Registrar of Trade Marks
The Madras High Court dismissed the petition filed by Odi-Ray Industries Limited seeking the cancellation of the trade mark 'SPICE' (Registration No. 1091801). The court noted that despite being served with the Registry notice, the petitioner failed to appear and prosecute the matter before the court. Consequently, the petition was dismissed for default.
Intellectual Property Attorneys Association (IPAA) v.The Controller General of Patents, Designs & Trade Marks & Anr.
The Intellectual Property Attorneys Association (IPAA) approached the Delhi High Court seeking directions to suspend limitation periods under the Trade Marks Act, citing severe disruptions in accessing the Trademark Registry's online portal. The petitioner highlighted persistent technical difficulties, including non-functional e-filing services and payment gateway issues, which were causing stakeholders to lose valuable IP rights. The Court acknowledged the urgency of the matter, directing the Controller General of Patents, Designs & Trade Marks (CGPDTM) to appear on the next date to provide detailed solutions and status updates regarding the systemic failures.
M/s Shri Gorakh Bhandar v.Commissioner, Customs-New Delhi
The appellant, M/s Shri Gorakh Bhandar, appealed against an order where the Commissioner of Customs upheld the confiscation of imported shoes bearing the United Colors of Benetton (UCB) logo and imposed penalties. The Tribunal found that the goods were counterfeit, infringed UCB's trademark rights, and therefore constituted prohibited goods liable for absolute confiscation.
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