India Trademark Cases
3,740 decisions indexed
Page 41 of 125 · 3,740 total
Gold Medal Electricals Pvt Ltd v.Riddhi Siddhi Electricals
Gold Medal Electricals Pvt Ltd filed a Leave Petition before the Bombay High Court to initiate a trademark suit against Riddhi Siddhi Electricals. The petitioner sought leave despite having an office in Mumbai. The court examined the jurisdiction clause and confirmed that Section 134 of the Trademarks Act, 1999, grants this court jurisdiction based on the plaintiff's business location. Consequently, the court held that no special leave was required and made the petition absolute.
Gold Medal Electricals Pvt Ltd v.C.K. Electricals
Gold Medal Electricals Pvt. Ltd. filed a Leave Petition before the Bombay High Court to initiate a trademark infringement suit against C.K. Electricals. The petitioner sought leave despite the defendants operating outside Mumbai, arguing that jurisdiction could be established based on the plaintiff's business presence in Mumbai under Section 134 of the Trademarks Act, 1999. The court examined the jurisdictional provisions and found that no special leave was required.
Gold Medal Electricals Pvt Ltd v.Kamal Electricals And Sanitary
Gold Medal Electricals Pvt. Ltd. filed a Leave Petition before the Bombay High Court to initiate a suit against Kamal Electricals and Sanitary regarding trademark infringement. The petitioner sought leave despite having an office in Mumbai, while the defendants were operating outside the court's jurisdiction in Telangana. The court examined the jurisdictional provisions of the Trademarks Act, 1999.
M/S SNS PRODUCTS PRIVATE LIMITED v.Mohammed Naim
The Delhi High Court granted an ex-parte ad interim injunction in favor of M/S SNS Products Private Limited against Mohammed Naim. The plaintiff, a long-standing manufacturer of spices under the 'SHAN-E-DELHI' brand, sought protection against the defendant who was using substantially similar packaging and the mark 'Proud-ek-Minar'. The court found that the plaintiff had prima facie established their case for infringement, noting the similarity in trade dress and the defendant's prior purchase of the plaintiff's products. Consequently, the defendant is temporarily restrained from using the infringing materials and must disclose all existing inventory.
Khadi And Village Industries Commission v.Mr Ashish Singh And Ors
The Delhi High Court granted an interim injunction in favor of the Khadi And Village Industries Commission against Mr. Ashish Singh and others. The Plaintiff, a statutory body protecting the 'KHADI' mark, alleged that Defendants were deceptively using similar marks like 'KHADI ORGANIC' on various products and websites to exploit public goodwill, particularly around religious events. The Court found a prima facie case for infringement and passed orders restraining the defendants from manufacturing or selling goods under infringing marks and mandating the suspension of the associated domain name.
Kuber Tobacco Products Pvt. Ltd. v.Sangeeta Jaiswal
The Madras High Court closed two Original Petitions filed by Kuber Tobacco Products Pvt. Ltd against Sangeeta Jaiswal regarding the rectification/cancellation of registered trademarks (Nos. 3207838 and 3207840). The parties reached an amicable settlement, leading to the petitioner's agreement that the respondent would proceed with separate applications to cancel the marks. The Court directed the Registrar of Trademarks to expedite the cancellation process.
Amir Biri Factory & Ors. v.Mohd. Aslam
The Calcutta High Court vacated an injunction previously granted to Amir Biri Factory in favor of Mohd. Aslam. The court found that the plaintiff had suppressed material facts, specifically regarding restrictions on their trademark's use and geographical limitations (West Bengal only). Furthermore, the defendant successfully argued they were a prior user operating outside West Bengal, challenging the basis of the injunction. This decision significantly weakens the plaintiff's ability to enforce their registered mark against the defendant.
Sh. Jaininder Jain And Ors. v.Registrar Of Trade Marks And Ors.
The Delhi High Court issued a significant order in the ongoing dispute concerning the 'KANGARO' trademark. Addressing requests for comprehensive information, the court directed the Plaintiffs to first compile a list of all trademark oppositions they have filed against Defendants. Subsequently, the Defendants were mandated to provide certificates and applications for all relevant foreign trademark registrations not contested by the Plaintiffs. This order aims to ensure full transparency regarding global IP rights related to the brand.
Rupa Gujral & Ors. v.Daryaganj Hospitality Private Limited & Ors.
The Delhi High Court initiated proceedings in a passing off suit concerning the 'Moti Mahal' trademark. The Plaintiffs alleged that the Defendants were misleading the public by associating their restaurants with the Plaintiffs' famous brand, citing misuse of predecessor photographs and marks. While the Defendants vehemently disputed the claims, they offered a conciliatory gesture, committing to remove the disputed photograph from their website without conceding liability. The court proceeded to issue notices for an interim injunction while setting timelines for written statements and framing issues.
Drs Educational Society & Ors. v.Registrar Of Trade Marks & Anr.
The Delhi High Court dismissed a writ petition filed by Drs Educational Society challenging the registration of the 'DRS' trademark. The petitioners argued that the registration was erroneous because the applicant had previously withdrawn their application, but the Registrar failed to act on this withdrawal. However, the court held that administrative lapses do not invalidate an accrued statutory right. It emphasized that disputes over trademark validity must be pursued through specific remedies under the Trademarks Act, 1999, rather than via a writ petition.
Castrol Limited v.Ibrahim Adamali Sanchawala, Trading As EA & Sons and T-Max Lubricants Andr.
Castrol Limited filed a suit alleging trademark infringement and passing off against Ibrahim Adamali Sanchawala regarding the use of deceptively similar packaging for engine oils. The Delhi High Court granted several critical interim reliefs to Castrol, including an exemption from pre-litigation mediation and advance notice to the defendants. Crucially, the court allowed for the ex-parte appointment of a Local Commissioner to conduct a search and seizure operation on the defendant's premises to prevent further infringement.
Nectar Biopharma Private Limited v.M/S. Kashmik Formulations Private Limited
In this trademark infringement matter, the Delhi High Court allowed the Plaintiff's application seeking to implead Mr. Nilesh M. Patel, Director of Defendant No. 1. The court found that since Mr. Patel was the proprietor of M/s Nectar Lifecare and his marks were applied for registration, he was a necessary party due to the exclusive supply relationship between Defendant No. 1 and M/s Nectar Lifecare. This decision significantly expands the scope of the litigation by bringing in an individual directly connected to the disputed intellectual property rights.
Smt. Harbans Kaur / Gurmarg Appliances Pvt Ltd v.Ascent Electronics / Gurmarg Appliances Pvt Ltd
The Delhi High Court ruled decisively in favor of the original proprietor regarding the trademark 'TANASHI'. The court found that the plaintiff had established prior rights through long-standing use dating back to 1993, despite subsequent registrations by the defendant. Crucially, the court held that a distributor is merely a permissive user and cannot claim proprietary rights over a mark belonging to the original owner. Consequently, the suit for infringement was decreed, and the defendant's conflicting trademark registration was cancelled.
Pratibha Proprietor Of Lamed India v.Union Of India & Anr.
The Delhi High Court allowed a rectification petition filed by Pratibha Proprietor Of Lamed India against a registered trademark 'LAMED'. The court cancelled the registration (No. 1576720) after noting that one of the respondents, who held the mark, no longer intended to use it. This decision effectively cleared the path for the petitioner to utilize the brand name.
Nike Innovate C.V. v.Tracking Shoes Company
Nike Innovate C.V. filed a suit against Tracking Shoes Company alleging that the latter was counterfeiting and infringing upon Nike's trademarks (NIKE, Swoosh Device) in relation to footwear and apparel. The court found that the defendant had adopted identical marks and was causing deception in the market.
Titan Paints And Chemicals Private Limited v.M/s.Titan Company Limited Integrity
In a trademark rectification case, Titan Paints And Chemicals Private Limited sought to register its mark against an existing registration held by M/s.Titan Company Limited Integrity. Initially, the respondent opposed the petition based on deceptive similarity and infringement concerns. However, during the proceedings, the first respondent withdrew its objection regarding the petitioner's use of the mark under clause 2. Consequently, the Madras High Court directed the Registrar to consider the petitioner's application anew (de novo), effectively clearing the path for registration.
Imagine Marketing Limited v.Ashok Kumar And Ors.
Imagine Marketing Limited (boAt) successfully secured an interim injunction against several defendants accused of trademark infringement. The Delhi High Court recognized that the defendants were using deceptively similar domain names and creating fake websites to sell counterfeit or fraudulent consumer electronics, causing irreparable harm to boAt's goodwill. The court restrained these parties from operating such domains and ordered registrars to suspend the infringing sites within ten days.
Castrol Limited v.Vivek Sen, Trading As Tridev Auto Parts & Anr.
In a suit concerning trademark and copyright infringement, Castrol Limited successfully secured several critical interim orders from the Delhi High Court. The court granted exemptions allowing the Plaintiff to proceed urgently without pre-litigation mediation or prior notice to the defendants. Crucially, the court authorized the appointment of a Local Commissioner to conduct a search and seizure operation against the Defendants for counterfeit products bearing deceptively similar marks and packaging.
Kalpaka Builders Private Limited v.Intellectual Property Appellate Board
The Kerala High Court dismissed a writ petition filed by Kalpaka Builders Private Limited challenging an order from the Intellectual Property Appellate Board (IPAB). The IPAB had cancelled the petitioner's trademark registration because the mandatory publication only featured the word 'Kalpaka,' while the registered mark was a device mark. The court upheld the IPAB's decision, finding no fault with the order as it merely remanded the matter for fresh consideration by the Trademark Registry.
M/S Raj Steel Rolling Mills v.M/S Haryana Strips Pvt Ltd & Anr.
The Delhi High Court allowed a petition filed by M/S Raj Steel Rolling Mills seeking cancellation of the trademark 'SHAILDU HEAVY'. The court found that the impugned mark was deceptively and structurally similar to the Petitioner's prior registered mark, 'SALDU', which had been in continuous use since 1974. Given the identical nature of the goods (iron and steel shapes) and the clear evidence of prior usage by the petitioner, the registration of 'SHAILDU HEAVY' was deemed a contravention of the Trade Marks Act, leading to its cancellation.
Dabur India Limited v.Emami Limited And Anr
The Delhi High Court addressed a petition filed by Dabur India Limited seeking the rectification and removal of a trademark registered in favor of Emami Limited. Despite arguments regarding prior injunctions related to passing off suits, the court ruled that since the rectification application had already been filed, there was no impediment to issuing notice. The court emphasized that rectification proceedings must be decided first before proceeding with the trial of the underlying suit.
Jupiter Aqua Lines Limited v.Vtsrn Systems Private Limited & Anr.
The Delhi High Court addressed an application seeking correction in a prior order concerning trademark disputes. The court allowed the petition, correcting an inadvertent error where Respondent No. 2 was incorrectly directed to remove the Petitioner's mark. Instead, the corrected order mandates that Respondent No. 2 must remove the registration of the specific 'JAL' (Device) mark belonging to Respondent No. 1 from the Trademark Register and update its website accordingly.
Louis Vuitton Malletier v.The Registrar Of Trade Marks
In this matter concerning a trademark opposition, Louis Vuitton Malletier sought relief after being unable to complete the payment for its notice of opposition due to a technical glitch with the payment gateway. The Delhi High Court acknowledged the petitioner's claim regarding the non-fault nature of the delay and took steps to ensure all parties were heard. Consequently, the applicant of the disputed mark was impleaded as Respondent No. 2, allowing the litigation to proceed fairly.
Bundi Technologies Private Limited v.Chandrasinh Dhirubha Rathod
The plaintiff, Bundi Technologies Private Limited (owner of the well-known trademark 'SWIGGY'), filed a suit against several defendants for illegal adoption and unauthorized use of its trademark. The defendants were allegedly manufacturing confectionery products under or with deceptive similarity to the 'SWIGGY' brand name to deceive the public.
Omved Lifestyle Pvt Ltd. v.Sanjay Jain
The Delhi High Court granted a petition for rectification, ordering the removal of the trademark 'OMVEDA' (Registration No. 1953655) from the Register. The petitioner, Omved Lifestyle Pvt Ltd., successfully argued that the impugned mark was dishonest and unfair, causing potential confusion with its own established marks ('OMVED'). The court found that allowing the registration would amount to passing off and deceive the public, thereby upholding the petitioner's claim as the exclusive owner of similar marks.
Xero Degrees v.M/S Frankart Global Private Limited & Ors.
In a dispute over the 'XERO DEGREES' brand, Xero Degrees sought an interim injunction against M/S Frankart Global Private Limited, alleging trademark infringement. The court noted that the plaintiff owns the registered trademark and operates extensively in the Food & Beverages sector. Despite the defendants claiming prior ownership of the name and logo, the court proceeded to issue notice for a hearing on the injunctive relief, setting the stage for further litigation.
Pfizer Products Inc. v.Sanjay Rungta T/As M/S Bonsai Pharma
The Gujarat High Court directed the removal of the trademark 'TERCOREX' from the official registry website. The court noted that the trademark was likely to be removed due to non-filing of a renewal request within the prescribed time limit, citing precedents from other high courts. This order effectively cleared the mark from public record, allowing the petitioner liberty to file again should the mark eventually be renewed.
Eastman Auto And Power Ltd v.Mr. Amritpal Singh Proprietor Of Akai Battery House
The Delhi High Court granted an ex parte ad-interim injunction in favor of Eastman Auto And Power Ltd against Mr. Amritpal Singh Proprietor Of Akai Battery House. The plaintiff, a major battery manufacturer, alleged that the defendant was infringing its registered trademarks by using confusingly similar marks like 'EASTPOWER' on batteries. The court found that the plaintiff had made out a prima facie case and granted immediate relief to prevent irreparable harm while the suit proceeds.
M/S Arm Limited v.Union Of India & Anr.
The Delhi High Court ruled in favor of M/S Arm Limited, setting aside a previous refusal order that blocked the registration of their trademark 'AMBA'. The court accepted the reasoning from the dissolved IPAB and directed the Registrar of Trade Marks (Respondent No. 2) to proceed with the advertisement and registration process within four weeks. Furthermore, the Court highlighted systemic issues regarding the retention and authentication of records from defunct tribunals, mandating a status report on this matter.
Jack In The Box Inv. 9330 Balboa Ave. San Diego, CA v.Marching Ants Hospitality Pvt Ltd.
The Delhi High Court granted a petition for rectification, ordering the removal of the trademark 'Jack in the Box' registered by Marching Ants Hospitality Pvt Ltd. The petitioner, Jack In The Box, successfully argued that its mark is an earlier and well-established brand with significant international reputation. Furthermore, the court noted evidence suggesting non-use of the impugned mark by the respondent, leading to the removal order.
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