India Trademark Cases
1,271 decisions indexed
Page 41 of 43 · 1,271 total
Stup Consultants Ltd. v.Central Board Of Direct Taxes And Others
Stup Consultants Ltd. challenged the Central Board of Direct Taxes' refusal to approve agreements under Section 80-O of the Income-tax Act, 1961. The Board had rejected these applications by citing Section 80HHB(5), arguing that the agreements involved supply of designs for construction projects. The Bombay High Court ruled that the CBDT must examine the application strictly based on the criteria of Section 80-O (i.e., income from patent/design use outside India in convertible foreign exchange) and should not automatically disqualify it under Section 80HHB, thereby vitiating the Board's previous orders.
M/S. Avis International Ltd. v.M/S. Avi Footwear Industries And ...
The plaintiffs, owners of the registered trademark AVIS, sought an injunction against the defendants for using the confusingly similar mark AEVIS on footwear. The defendants opposed this by filing a rectification application claiming non-use of the mark for five years. The court confirmed the injunction, holding that registration establishes a prima facie case and the balance of convenience favored the plaintiffs.
Avis International Ltd. v.Avi Footwear Industries And Anr.
The plaintiffs sought an injunction restraining the defendants from using the confusingly similar trade mark 'Aevis' for shoes, citing their registered mark 'A.VIS'. The defendants challenged this injunction by filing an application for rectification based on alleged non-use of the mark for five years. The court confirmed the injunction, holding that statutory registration provides prima facie protection and should take precedence over pending rectification proceedings at the interlocutory stage.
Lakshmi Pvc Products Pvt. Ltd. v.Lakshmi Polymers
The plaintiff filed an application seeking an interim injunction to restrain the respondent from issuing circulars or notices threatening legal action for passing off. The dispute centered on the use of the trade mark 'Lakshmi' for PVC pipe fittings by both parties, with the defendant claiming prior use and having applied for registration.
Colgate-Palmolive And Others v.Dr. K.V. Swaminathan And Another
Colgate-Palmolive challenged the Central Government's order rejecting its application to be registered as a Registered User for its trademarks in India. The government refused registration citing concerns over foreign brand names affecting indigenous industry development, particularly in the small scale sector manufacturing brushes. The High Court set aside this rejection order and directed the government to re-examine the applications.
M/S. Antex India Pvt. Ltd. Bangalore v.M/S. Wander Ltd., Bombay And Etc.
The dispute arose from an agreement where Antex was authorized by Wander to manufacture and affix the trademark 'Cal-De-Ce'. When Wander arranged for a third party (Alfred Berg & Company) to produce the product, Antex sought permanent injunctions. The Madras High Court addressed writ appeals concerning the cancellation of Antex's manufacturing license.
M/S. Kamath Atul & Co. v.M/S. Cadila Laboratories (P) Ltd.
The plaintiff, M/s. Kamath Atul & Co., filed a passing off action against the defendant, M/s. Cadila Laboratories (P) Ltd., alleging that the latter was marketing an Ayurvedic herbal skin ointment under the name 'HERBINOL', which infringed upon the plaintiff's established trade mark 'HURBINOL'. The High Court dismissed the appeal but modified the temporary injunction order to restrict the defendants from marketing their product in five specific states until the suit's disposal.
Girnar Tea v.Brook Bond (India) Ltd.
Girnar Tea filed a suit for passing off against Brook Bond (India) Ltd. alleging that the latter was using the deceptively similar mark 'GULNAR' on tea cartons, thereby confusing consumers. The court found that both marks were phonetically and visually similar, and despite initial arguments regarding retail outlets, ruled in favor of Girnar Tea, granting an injunction.
Antox India (P) Ltd. v.State Drug Controller, Tamil Nadu And ...
Antox India (P) Ltd., holding a valid license for Cal-De-Ce, challenged the manufacturing license issued by the State Drug Controller, Tamil Nadu, to another party. The petitioner argued that allowing multiple manufacturers under the same trade name violates public interest and provisions of the Drugs & Cosmetics Act, 1940. The court agreed, quashing the impugned order and directing the cancellation of the second respondent's license.
Dharam Pal Satya Pal v.Janta Sales Corporation
The plaintiff, using the trade mark 'RAJNI' for Chewing Tobacco since 1980, sued Janta Sales Corporation for adopting the identical mark 'RAJANI' for Paan Masala. The plaintiff also claimed copyright infringement regarding their distinctive packaging design. The court found prima facie grounds for passing off due to phonetic and visual similarity and likelihood of confusion.
Collector Of C. Ex. v.Bengal Chemicals And Pharmaceuticals
The dispute concerned whether medicines manufactured by Bengal Chemicals And Pharmaceuticals, which bore the registered trade mark 'Bengal Chemicals' on their caps, should be classified as 'Patent or Proprietary Medicines' under the Central Excises and Salt Act, 1944. The Tribunal held that merely having a registered trademark is not sufficient; the mark must indicate a proprietary interest in the medicine, especially when the medicines are already specified in pharmacopoeia.
Pillaiyar Soda Factory v.Union Of India And Ors.
Six proprietary concerns manufacturing and selling aerated waters challenged the Collector of Central Excise's order which denied them tax exemptions due to the alleged use of common or closely similar trade marks, specifically 'Sri Ganesh'. The petitioners argued that they were independent entities with distinct brand names. The Madras High Court allowed the writ petitions, quashing the impugned order.
K.R. Jadayappa Mudaliar And Ors. v.K.B. Venkatachalam And Anr.
The appeal challenged a restraining order preventing defendants from manufacturing and selling matches using similar trademarks. The plaintiffs claimed infringement and passing off of their registered trademark 'National Park'. However, the court found prima facie evidence that the plaintiffs were trafficking in their trade mark and lacked proof of continuous business, thus setting aside the injunction.
Exxon Corporation v.Exxon Packing Systems Pvt. Ltd.
The dispute arose from applications filed under Section 120 of the Trade and Merchandise Marks Act, 1958, concerning the trade mark 'Exxon'. The appellant (Exxon Corporation) sought injunctions against the respondent (Exxon Packing Systems Pvt. Ltd.) for claiming exclusive rights and threatening their business. The court addressed issues regarding jurisdiction, the scope of threats, and document relevancy.
Express Bottlers Services Private Ltd. v.Pepsico Inc. And Ors.
This Calcutta High Court case addressed an application to remove the marks 'Pepsi' and 'Pepsi Cola' from the register based on non-use under Section 46 of the Trade & Merchandise Marks Act, 1958. The petitioner argued that Pepsico Inc. had failed to use its trademarks for a continuous period of five years or more. However, the court ruled in favor of Pepsico, finding that due to severe government import restrictions and trade policies, the non-use was not intentional abandonment but rather a result of special circumstances. The court concluded that Pepsico maintained goodwill and reputation by using the marks in limited markets like bonded warehouses and embassies.
Asim Gadighar v.Abdul Aziz S/O Lal Mohd Khureshi
The plaintiff filed a suit seeking declaration that the defendant could not use or copy the trade name and copyright of 'Azeem Gadi Ghar', along with permanent injunctions. The defendant challenged the jurisdiction of the District Court, arguing that passing off actions belonged exclusively to the Civil Judge (Junior Division).
Pradip Traders v.Collector Of Customs
Pradip Traders challenged the non-release of 'Angel' brand catheters by Customs Authorities, arguing they were duty-free and life-saving devices. The dispute also involved a prior trade mark infringement suit where Pradip Traders was restrained from marketing the released goods.
The Singer Company And Anr. v.Union Of India (Uoi) And Ors.
The petitioners, owners of trade marks featuring "Singer", challenged letters issued by the Central Government that refused their applications to extend the period of use under Section 49(3) of the Trade Marks Act. The court held that since the refusal letters did not state specific reasons or consider the petitioners' contentions, they were not 'speaking orders'.
Progro Pharmaceuticals (P) Ltd. v.Deputy Registrar Of Trade Marks, Madras
Progro Pharmaceuticals filed a writ petition challenging the rejection of its counter-statement against an opposition to the trade mark 'Helmizol'. The rejection was based on the argument that S. 21(2) is mandatory and does not allow for discretion to condone the one-month delay. The court ruled in favor of the petitioner, holding that where no outer limit is prescribed under S. 21(2), the Registrar can extend time under S. 101(l).
American Home Products Corporation v.Mac Laboratories Private Limited And Anr.
American Home Products Corporation (Appellant) sought to protect its registered trade mark 'Dristan'. Mac Laboratories Private Limited (Respondent) challenged the registration, leading to appeals regarding the validity and rectification of the trademark.
K.G. Khosla Compressors Ltd. v.Khosla Extrakting Ltd. And Ors.
The plaintiff, K.G. Khosla Compressors Ltd., a pioneer in the air compressors industry, filed a suit against defendants for using the name 'M/s Khosla Extraktions Ltd.' The plaintiff argued that its name and family goodwill ('Khosla') are strongly associated with its group of companies in the capital market, and the defendant was attempting to cash on this reputation through deception.
Sandoz Limited And Anr. v.Pharmaceutical And Chemical ...
The plaintiffs, holding the registered trademark 'Syntocinon', filed a suit against defendants marketing 'Synthocilin' due to alleged deceptive similarity. The trial court declined an interim injunction, leading to this appeal. The High Court considered the prior finding of deceptive similarity but opted for settlement rather than granting immediate restraint.
Hami Brothers v.Hami & Co. And Anr.
In this Bombay High Court case, Hami Brothers challenged the registration of the 'Majmua 96' trade mark held by Hami & Co., arguing that the numeral '96' was descriptive and thus invalid. The court examined whether the mark retained distinctiveness despite its age and use across various products. Ultimately, the court dismissed the petition, finding that there was insufficient evidence to prove the mark had lost its distinctive character or that it was registered fraudulently.
Madura Coats Limited And Ors. v.Chetan Dev
The suit was filed by Chetan Dev against Madura Coats Limited seeking a declaration that the alleged infringement threats were unjustifiable and an injunction to stop them. The trial court decreed the suit, finding no infringement. On appeal, the High Court clarified that since damages were not claimed, the scope of the suit was limited only to whether the threats were justifiable. It found the threats unjustified.
N.V. Philliphs, Eindhoven, Holland And ... v.Banga Watch Company
This Punjab-Haryana High Court judgment addressed a suit for passing off concerning the 'Philips' trademark. The plaintiffs successfully argued that despite their formal registration not covering watches and clocks, they had established immense goodwill and reputation in India through their extensive marketing of electrical goods. The court affirmed that the defendants dishonestly adopted the mark to mislead consumers into believing their watches were associated with the plaintiff's brand, leading to the dismissal of the appeal.
Jawahar Engineering Co. And Ors. v.Javahar Engineering Private Ltd.
The suit was filed by plaintiffs claiming rights over the registered trade mark 'Javahar' for diesel oil engines, seeking perpetual injunction and passing off relief against defendants who applied for a similar mark. The core legal issue revolved around whether the Delhi High Court had jurisdiction to try the suit.
Union Of India v.Indo-French Pharmaceutical Company
The Union of India appealed against an order allowing Indo-French Pharmaceutical Company to clear three Indian Pharmacopoeia products without paying excise duty. The dispute centered on whether a small symbol and name used on the product label qualified as a proprietary mark under the Central Excises and Salt Act, thereby attracting excise duty.
Bijoli Grill Spencer'S Product v.Spencers & Co. Ltd.
Bijoli Grill Spencer's Product sought an injunction to protect its right to use the trade mark and trade name 'Spencer' in relation to mineral aerated waters, challenging Spencers & Co. Ltd.'s rights. The court examined the history of the marks and found that the petitioner could not establish a concurrent right.
Victory Transport Co. Pvt. Ltd. v.The District Judge, Ghaziabad And Ors.
The petitioner, Victory Transport Co. Pvt. Ltd., filed a suit seeking permanent and temporary injunction against defendants for using a deceptively identical trade name ('Victory Goods Transport Company'). The courts below dismissed the application for temporary injunction, finding that the plaintiff failed to prove a prima facie case or establish balance of convenience. The High Court upheld this decision.
Dolphin Laboratories Pvt. Ltd. v.Kaptab Pharmaceuticals
The plaintiff (Dolphin Laboratories) sued the defendant (Kaptab Pharmaceuticals) alleging infringement/passing off regarding the trade mark 'Amotid' for the drug Amoxycilin Tri-hydrale. The core legal controversy was whether the plaintiff, in its Section 120 suit, could restrain the defendant from filing a separate passing off suit. The court held that while the defendant must stop making unjustified threats, it retains the fundamental right to institute a passing off suit.
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