India Trademark Cases
3,667 decisions indexed
Page 38 of 123 · 3,667 total
A.D.Padmasingh Isaac & M/s.Aachi Masala Foods Private Limited, M/s.Flora Foods v.Karaikudi Aachi Biriyani Mandi, Zomato Limited, Swiggy India
The Madras High Court addressed a suit filed by A.D. Padmasingh Isaac and associated entities alleging trademark infringement and passing off by Karaikudi Aachi Biriyani Mandi, alongside online platforms Zomato and Swiggy. The plaintiffs sought permanent injunctions against the use of deceptively similar names like 'KARAIKUDI AACHI BRIYANI MANDI' and mandatory orders to remove these listings from digital platforms. While the judgment details the extensive claims for injunctions and removal, it does not provide a final conclusive ruling on all reliefs in this excerpt.
M/S.Wensar Weighing Seales Limited v.The Tintometer Limited
The Madras High Court dismissed the petition filed by M/S. Wensar Weighing Seales Limited against The Tintometer Limited. The petitioner had sought to remove and expunge the trademark registration 'TINTOMETER' from the register, citing grounds of wrongful registration or non-use. However, due to the petitioner's failure to appear before the court on two successive occasions, the petition was dismissed for default.
Bombay Metal Works P. Ltd. v.R.S. Industries Regd. & Anr.
The Delhi High Court granted an ex parte ad-interim injunction in favor of Bombay Metal Works P. Ltd., preventing R.S. Industries Regd. & Anr. from continuing to use packaging that is deemed deceptively similar to the plaintiff's trade dress for Ball Head Racers. The court found a prima facie case regarding the defendants' attempt to pass off their products as those of the plaintiff, noting the similarity in color combination and overall get-up despite differences in trademarks.
Smt. Uma Rathi v.Keshavdeep Iron Traders Pvt. Ltd.
Smt. Uma Rathi initiated proceedings in the Delhi High Court seeking the cancellation of the trademark 'Ratni Power' registered by Keshavdeep Iron Traders Pvt. Ltd., citing grounds under Sections 9, 11, and 18 of the Trade Marks Act, 1999. The court granted exemptions for filing certain documents while simultaneously directing that notice be issued to the respondents. This marks the formal commencement of litigation challenging the validity and registration of the disputed trademark.
M/s.Shambhunath & Bros v.Jai Rajendra Impex Pvt. Ltd.
The Madras High Court dismissed the petitions seeking rectification of trade mark registrations 'THUFAN' in Tamil and Telugu. The petitioner, M/s. Shambhunath & Bros, claimed prior use of the similar mark 'TOOFAN' since 1987, but the court found evidence suggesting that the predecessors-in-title of the respondent were the prior adopter and user. Consequently, the court held that the technical contraventions cited by the petitioner (such as lack of translation or failure to state period of use) were not sufficient grounds for cancelling the existing registrations.
United Foods Public Company Limited v.The Registrar of Trade Marks
The Madras High Court allowed United Foods Public Company Limited's appeal against the Registrar of Trade Marks' refusal to register its word mark 'YOYO'. The Registry had cited striking similarity to several existing marks. Recognizing that the appellant was willing to modify the application, the court remanded the matter back to the Respondent. The Appellant is now directed to amend the application into a label mark within eight weeks, allowing the Registrar to re-examine the modified mark.
M/S Sana Herbals Pvt. Ltd. v.Dehlvi Remedies Pvt. Ltd.
The Delhi High Court consolidated multiple trademark-related suits, including infringement and rectification petitions, involving M/S Sana Herbals Pvt. Ltd. and Dehlvi Remedies Pvt. Ltd. The court framed a comprehensive set of 11 issues to be determined during the trial. These issues cover core disputes such as trademark infringement, passing off, validity of registrations, and the scope of assignment rights related to the mark 'DEHLVI'. This consolidation streamlines the litigation process for both parties.
Srinath Kumbargeri Venkatachalappa v.C.A. Shivaram & Anr.
The Delhi High Court addressed several interlocutory applications in trademark disputes involving the brand 'PARIMALA COFFEE'. The court granted exemptions regarding document submission formats, allowing the petitioner flexibility due to logistical constraints. Crucially, the court also allowed the petitioner to file digitally signed and notarized affidavits despite their attorney being abroad, streamlining procedural requirements for complex IP litigation.
Hp Organic Foods Private Limited v.Shree Khatu Shyam Agro Foods & Ors.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Hp Organic Foods Private Limited against Shree Khatu Shyam Agro Foods & Ors. The court allowed procedural exemptions for the plaintiff, including filing additional documents and waiving pre-litigation mediation. Crucially, regarding the injunction application (Order XXXIX), the court noted the plaintiff's claims of extensive sales and deceptive similarity in the 'INDANA FRESH' brand used by the defendants. The court directed notice to the defendants and mandated them to maintain detailed accounts of their product sales.
Hero Investcorp Private Limited And Anr. v.Diamond Autos
In a suit concerning the alleged infringement of 'HERO' trademarks, Hero Investcorp Private Limited sought various interim reliefs against Diamond Autos. The Delhi High Court addressed several interlocutory applications, granting exemptions from pre-institution mediation and advance service due to urgency. Crucially, the court permitted the appointment of a Local Commissioner to inspect the defendant's premises in Ludhiana to verify the alleged counterfeit products, setting the stage for further proceedings on the injunction application.
Ads Spirits Pvt. Ltd. v.Shubhom Juneja
The Delhi High Court granted an interim injunction favoring Ads Spirits Pvt. Ltd. against Shubhom Juneja regarding alleged trademark infringement and passing off of whisky. The court found a prima facie case based on the near-identical nature of the trade dresses and packaging used for 'Royal Green' and 'Royal Queen' whiskies, coupled with phonetic similarity between the names. This order temporarily restricts the defendant from introducing further products in the confusing manner.
Yashoda Super Specialty Hospitals & Anr. v.Yashoda Hospital And Research Center Limited & Anr.
The Delhi High Court dismissed an appeal filed by Yashoda Super Specialty Hospitals challenging a Single Judge's order that had set aside a trademark rectification order. The core dispute centered on whether the respondent received proper notice of the rectification proceedings before its trademark was removed from the register. The court ultimately found no error in setting aside the initial review petition, emphasizing that ambiguity regarding service should benefit the party seeking relief.
Nutraceutical Wellness Inc. v.Dhruvil Damajibhai Zadafiya As D D Fashion & Anr.
Nutraceutical Wellness Inc. initiated proceedings before the Delhi High Court seeking the cancellation of a trademark registration held by the respondent. The petitioner argued that their internationally registered and long-standing wordmark, 'NUTRAFOL,' relates to over-the-counter hair growth products. The court accepted the petition and directed the issuance of notice to the respondents, setting the stage for further litigation regarding the validity and use of the mark.
Macleods Pharmaceuticals Ltd. v.Alkem Laboratories Ltd. & Anr.
Macleods Pharmaceuticals filed an application seeking permission from the Delhi High Court to initiate trademark rectification proceedings against Alkem Laboratories. The core issue was challenging the validity of the Defendant's registered mark, ALSITA, in Class 5. The court accepted notice and scheduled the matter for further hearing, allowing the parties time to file their respective responses.
M/S Rspl Health Private Limited v.Reckitt And Colman Overseas Hygiene Home Limited & Anr.
M/S Rspl Health Private Limited appealed the rejection of its application to rectify the trademark 'HARPIC DRAINXPERT'. The core dispute revolves around whether Reckitt & Colman's use of a similar mark, specifically 'DRAIN XPERT POWDER', constitutes infringement or grounds for rectification. The appellant argues that the slight variation in spelling and presentation is deceitful and confusingly similar to their registered trademark. The court has listed the matter for further hearing to consider these complex arguments regarding similarity and deceptive intent.
P.Sathish Kumar v.Christu Krupa Broadcasting Private Limited
The Madras High Court dismissed the petition filed by P.Sathish Kumar seeking rectification of a trademark entry (No. 4074848 in Class 3). The court noted that the petitioner failed to appear before the court on two successive occasions, leading to the dismissal of the Transfer Original Petition for default.
M/S.Mysore Commerce & Sales Pvt. Ltd. v.M/s.Anti Surge Fuses & Lamps; M/s.Shri Krishna Industries; The Registrar of Trade Mark
The Madras High Court dismissed the petition filed by M/S.Mysore Commerce & Sales Pvt. Ltd., which sought the removal of a trade mark entry from the Register of Trade Marks. The dismissal was not based on the merits of the case, but rather because the Registry's attempt to serve notice on the petitioner failed due to an incorrect address. Crucially, the Court allowed the petitioner to revive the petition since the failure was attributable to the Registry's inability to effect service.
Hindustan Unilever Limited v.Balaji Soap Factory
Hindustan Unilever Limited filed a Commercial IP Suit against Balaji Soap Factory regarding the infringement of its artistic work, specifically the VIM label. The parties reached a settlement agreement before the court on February 1, 2024.
Januki Kumari J.B. Rana And Ors v.M/S Modern Industries And Ors
The plaintiffs, partners in M/s Kiran Shoes Manufacturers (Nepal), filed a suit seeking permanent injunction against the defendants for manufacturing and selling counterfeit sports shoes under the plaintiff's registered trademark "GOLDSTAR". The court found that the defendants were infringing the trademarks by using identical or deceptively similar marks on their products. Consequently, the suit was decreed with an injunction and costs awarded to the plaintiffs.
Tata Sons Private Limited & Anr. v.Mohan Kumar Kotana
The Delhi High Court granted the plaintiffs (Tata Sons Private Limited & Anr.) an interim permanent injunction in their suit against Mohan Kumar Kotana. The case involves alleged infringement of Tata's intellectual property rights related to its mineral water products, 'TATA COPPER+' and 'TATA WATER PLUS'. The court allowed the appointment of a Local Commissioner to inspect the defendant's premises, seize infringing goods and materials, and demand disclosure of sales records, significantly advancing the plaintiffs' claim for protection against IP misuse.
Ajay Goyal v.Anil Verma & Anr.
The Delhi High Court addressed several interlocutory applications in the trademark infringement case filed by Ajay Goyal against Anil Verma & Anr. The court allowed the plaintiff's application seeking an injunction, recognizing claims of deceptive similarity between 'SUFIYANA' and 'SUFIYAMA', alongside copying of trade dress and artistic work. Furthermore, the Court appointed a Local Commissioner to seize infringing products and materials, ensuring the continuation of the suit while addressing urgent concerns regarding trademark infringement.
M/s.Vasanta Bhavan Hotels India Private Limited v.Pugal'n Vasanta Bhavan
M/s.Vasanta Bhavan Hotels India initiated a civil suit against Pugal'n Vasanta Bhavan alleging trademark infringement and passing off regarding the use of similar names in the hotel and food business. The plaintiff asserted extensive goodwill, long-standing usage since 1974, and registered trademarks for 'VASANTA BHAVAN.' Although the defendant was set ex parte, the court proceeded based on the plaintiff's evidence to address claims of deceptive similarity and irreparable harm.
V.R. Industries Private Ltd. v.Rajesh Kejriwal
The Delhi High Court upheld a lower court's interim injunction restraining V.R. Industries Private Ltd. from using the trademark 'GOLDEN GATE.' The respondent, Rajesh Kejriwal, holds registered trademarks for this name across various food and chemical classes. Despite the appellant claiming prior use and pending cancellation proceedings against the registration, the High Court found no grounds to interfere with the Commercial Court's exercise of discretion regarding the injunction. This decision reinforces the weight given to existing trademark registrations in preventing potential infringement.
Aryan Educational Society v.C.D. Goyal Foundation
In this trademark dispute, the Delhi High Court addressed several interlocutory applications filed by Aryan Educational Society against C.D. Goyal Foundation. The court allowed the plaintiff's request for an ad-interim injunction notice, noting that the defendant was allegedly using a similar mark ('The Aryan School') in Haryana despite the plaintiff holding a registered trademark. Furthermore, the court formally registered the suit and granted various procedural exemptions to facilitate the ongoing litigation.
Kashmir Harvard Educational Institute v.President And Fellows Of Harvard College
Kashmir Harvard Educational Institute challenged an arbitral award that directed the transfer of its domain name, <kashmirharvard.edu.in>, to President and Fellows of Harvard College. The dispute arose from a complaint filed under the INDRP alleging trademark infringement due to the confusing similarity between the domain name and the globally recognized 'HARVARD' mark. The Delhi High Court upheld the arbitral award, finding that the domain was identical to the trademark and caused confusion, thereby dismissing the petitioner's appeal.
Taco Bell Corp. v.Tamoghna Foods & Enterprises & Anr.
The Delhi High Court addressed several interlocutory applications in the ongoing trademark dispute between Taco Bell Corp. and Tamoghna Foods & Enterprises. The court granted certain procedural exemptions while directing parties to adhere strictly to commercial courts rules regarding document submission. Crucially, the main petition seeking rectification and removal of an existing mark (Registration No. 3628356) was advanced, with notice issued to the respondents to file their response within four weeks.
Axon Enterprise, Nic v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Axon Enterprise against the Registrar of Trade Marks' refusal to register its trademark 'AXON'. The court found that through strategic use of consent letters and modifications to the description of goods (including disclaimers), the objections raised regarding conflicting marks could be overcome. Consequently, the registration application was directed to proceed to advertisement before acceptance, paving the way for eventual registration.
Levi Strauss & Co. v.Lalit Kumar Jaggia
Levi Strauss & Co. filed a suit against Lalit Kumar Jaggia seeking permanent injunctions due to the alleged infringement of its registered trademarks, including 'LEVI'S', 'Two Horse Logo', and associated designs, as well as copyright violation in its labels. The court found the defendant guilty of flagrant infringement and decreed the suit for permanent injunction along with awarding punitive damages.
Crompton Greaves Consumer Electricals Limited v.Sheik Azeez-Ur Rahaman Trading as Kramson and The Registrar of Trade Marks
Crompton Greaves Consumer Electricals filed a petition seeking the rectification and removal of the trade mark 'KRAMSON' from the register. The court noted that the first respondent's mark had expired due to non-renewal. Consequently, the High Court closed the petition but granted liberty for it to be revived should the registration be renewed by the respondent.
M/s.Prestige Estates Projects Ltd v.Prestige Vacations Pvt. Ltd
The Madras High Court addressed a dispute regarding the proper forum for trademark rectification proceedings between Prestige Estates Projects Ltd and Prestige Vacations Pvt. Ltd. The court noted that when an infringement suit is pending, questions concerning the validity of a trademark registration should be handled by the High Court, not solely by the Registrar of Trademarks. Consequently, the court ordered the transfer of all related rectification petitions from the Registrar's office to the High Court for adjudication.
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