India Trademark Cases
3,740 decisions indexed
Page 43 of 125 · 3,740 total
Shri Dhruv Gupta v.M/S Ujala Aquatech India Private Limited
The Delhi High Court addressed a suit filed by Shri Dhruv Gupta against M/S Ujala Aquatech India Private Limited concerning the trademark 'UJALA'. The Plaintiff seeks permanent injunctions for alleged infringement, passing off, and dilution. Given that the original owner of the mark is under insolvency proceedings (NCLT), the court deemed it necessary to issue notice to the Resolution Professional (RP) to ascertain their position before proceeding with the case.
Vennila Clothing Company v.M/s.Arrs Silks
Vennila Clothing Company filed a suit against M/s.Arrs Silks alleging infringement of its registered trademarks ('RAMRAJ'/'RAJARAM') and copyright over its trade dress in the textile industry. The core dispute centered on the unauthorized use of deceptively similar labels by the defendants, leading to claims for injunction, damages, and account of profits. Ultimately, both parties reached a settlement via a Joint Memorandum of Compromise (MOC).
Joseph Taheny v.Tektronix Inc.
Joseph Taheny challenged an arbitral award that directed him to transfer the domain name 'tek.in' to Tektronix Inc., arguing that his registration predated the respondent's trademark filing. The petitioner contended that the domain was registered as a generic Turkish term and not in bad faith. However, the Delhi High Court dismissed the petition, finding no infirmity in the arbitral award. The court upheld the transfer, emphasizing that the complainant only needed to be a registered proprietor of the mark for the INDRP rules to apply.
R.Nagarajan @ K.R.Nagarajan v.S.Ravichandran
The Madras High Court allowed a rectification petition filed by R.Nagarajan against S.Ravichandran concerning Trade Mark No. 3102490 (RAVIRAM'S). The decision was based on a joint memorandum of compromise where the defendant agreed to withdraw and cancel the registered trademark. Consequently, the court directed the Registrar of Trade Marks to remove the entry from the register within four weeks.
Kerala State Road Transport Corporation (KSRTC) v.Karnataka State Road Transport Corporation
The Madras High Court dismissed the petitions filed by KSRTC seeking rectification of trade mark entries held by Karnataka State Road Transport Corporation. The court found that despite KSRTC's claim of prior use dating back to 1965, the respondent was entitled to protection under Section 12 of the Trade Marks Act due to 'other special circumstances.' Given both entities operate in the transportation sector and utilize distinct regional scripts (Malayalam vs. Telugu), the court ruled that peaceful coexistence is possible, thus upholding the existing registrations.
Allied Blenders And Distillers Limited v.Batra Brewries And Disttilleries Private Limited & Ors.
The Delhi High Court issued several orders in the trademark infringement suit between Allied Blenders and Batra Brewries. The court confirmed the existing ad-interim injunction against the defendants, noting their adoption of the mark 'PRINCIPAL PREMIUM.' However, permission for the defendants to exhaust existing stock was recalled due to non-compliance with providing a stock statement. Furthermore, the court condoned the delay in filing the written statement and dismissed an application seeking the deletion of one defendant.
Institute Of Directors v.Worlddevcorp Technology And Business Solutions Pvt Ltd & Ors.
The Delhi High Court dismissed the plaintiff's application for an interim injunction, ruling against the use of 'Directors' Institute' by the defendants. The court held that because the plaintiff previously represented to the Trademark Registry that its device mark contained common English words and was descriptive, it could not claim exclusivity over those words. Furthermore, the court found that the plaintiff failed in its duty of fair disclosure by suppressing this prior representation, thereby disentitling it from equitable relief.
Harbans Lal Wadhwa Trading As Uttam Chemicals v.Subhash Chand Trading As Subhash Chand And Sons & Anr.
The Delhi High Court initiated proceedings regarding the cancellation of a registered trademark ('UTTAM') held by the Respondent. The Petitioner, claiming prior use since 1999 for various cleaning products, sought cancellation based on their earlier market presence. Recognizing that the dispute required detailed proof of goodwill and sales figures beyond mere pleadings, the court framed specific issues and directed both parties to file lists of witnesses and lead evidence.
Ask Automotive Pvt Ltd v.Ashok Kumar (Manoj Mudgal)
The plaintiff company, ASK Automotive Pvt Ltd, filed a civil suit alleging that the defendant, Manoj Mudgal, was manufacturing and selling goods (brake shoes) bearing the identical or deceptively similar trademark/trade dress 'ASK', thereby infringing on the plaintiff's registered trademarks and copyrights. The court found in favor of the plaintiff, granting injunctions and awarding damages.
M/s.Indian Immunologicals Ltd. v.Ipca Laboratories Pvt. Ltd.
The Madras High Court set aside an earlier rejection order, allowing M/s. Indian Immunologicals Ltd. (the appellant) to register the trade mark 'INIMOX'. The dispute centered on whether 'INIMOX' was deceptively similar to the prior registered mark 'IMOX' held by Ipca Laboratories Pvt. Ltd. The Court found that despite the similarity, there was no likelihood of confusion because the marks were used in distinct channels—one for veterinary injections and the other for human capsules—and mandated that registration be conditional on its use only for animal health products.
Sorting Hat Technologies Private Limited v.M/s. PGR E-Commerce Private Limited
The Madras High Court dismissed a petition filed by Sorting Hat Technologies Private Limited against M/s. PGR E-Commerce Private Limited. The petitioner had sought the rectification and cancellation of Trade Mark No. 3848331 from the Register of Trade Marks. However, due to the petitioner's failure to appear before the court on scheduled dates despite proper notice, the petition was dismissed for non-prosecution.
M/S Ralson (India) Limited v.Shri. Surinder Singla
The Delhi High Court dismissed M/s Ralson's appeal challenging the Trade Marks Registry's decision to dismiss their opposition against the 'RANCHO' trademark. The core issue revolved around whether service of documents via email constituted valid notice, especially when no explicit email ID was provided in the initial opposition filing. The court held that while general rules allow for electronic service, specific statutory requirements must be met, distinguishing this case from prior precedents. However, recognizing Ralson's substantive claims, the Court granted them liberty to file a cancellation petition against the registered mark.
The Himalaya Durg Company & Ors v.Himalya International Ltd
In this ongoing trademark infringement suit, the Delhi High Court addressed an application by the defendant seeking permission to file fresh evidence. Despite objections from the plaintiffs that the new defense went beyond pleadings, the court permitted the filing of the affidavit in evidence (DW-1). The court also reminded both parties about the long pendency of the case and directed a day-to-day trial to expedite proceedings.
Ralson India Limited v.Sham Lal M/S Ramesh Lal And Sons And Anr.
The Delhi High Court dismissed the appeal filed by Ralson India Limited against the Trade Marks Registry's decision that had allowed the registration of 'R RALSON'. The core issue revolved around whether service of documents via email, facilitated through an agent's filing (Form TM-M), constituted valid service under the Trade Marks Act. The Court held that while general court practice allows for email service, in this specific trade mark opposition context, the validity of service depended on clear provisions within the application or notice itself; however, it granted Ralson liberty to pursue a cancellation petition based on the mark's registered status.
Laser Shaving (India) Private Limited v.Carborundum Universal Ltd.
The Madras High Court allowed a rectification petition filed by Laser Shaving (India) Private Limited against Carborundum Universal Ltd. The court directed the Registrar of Trade Marks to cancel the registration for the mark 'LASER' in Class 3, citing the first respondent's admission that they were not using the impugned trade mark. This decision reinforces the principle that non-use can lead to the removal of a registered trademark.
M/S F.K. Bearing Group Co. Ltd. v.M/S Modern Machinery Stores G.T. Road
The Delhi High Court issued an order in the ongoing trademark dispute between M/S F.K. Bearing Group Co. Ltd. and M/S Modern Machinery Stores G.T. Road. The court noted that the matter was pending before the Mediation and Conciliation Centre. Consequently, the judge requested the mediator to expedite the proceedings and listed the case for further hearing on December 7, 2023.
M/S Loreal S.A. v.Ravi Gandhi & Anr.
The Delhi High Court allowed the appeal filed by M/S Loreal S.A., setting aside a lower court order that had permitted respondents to use the trademark 'MABELLE' as part of their corporate name and business communications. The Court clarified that while Section 29(5) of the Trade Marks Act, 1999, addresses trade names, the unauthorized use of a registered mark in this manner still constitutes infringement under other sections, specifically Section 29(6)(d). This ruling reinforces the protection afforded to registered trademarks against deceptive similarity and commercial exploitation.
International Foodstuffs Co. Llc v.Vijay Kumar Mittal And Pawan Kumar And ...
The dispute between International Foodstuffs Co. Llc and Vijay Kumar Mittal was resolved through mediation before the Delhi High Court. The parties entered into a comprehensive settlement agreement, acknowledging each other's proprietary rights in the trademark 'ALLEGRO' across different product categories and jurisdictions. This resolution required both parties to withdraw existing legal actions and abide by specific usage restrictions for the mark.
Veekesy Rubber Industries Pvt. Ltd. v.Mahmud Trading as VKD Industries
The Madras High Court dismissed a petition filed by Veekesy Rubber Industries seeking the removal of the trade mark 'PPL Light' from the register. The case was resolved because the respondent, Mahmud Trading as VKD Industries, provided an affidavit undertaking not to use the impugned mark and committed to filing an application for its cancellation with the Registrar of Trade Marks. Consequently, the court found it unnecessary to adjudicate the petition on its merits.
Yuvi Aspiring Pvt. Ltd. v.Manish Sharma And Anr
The Delhi High Court formally accepted a tripartite Memorandum of Understanding (MoU) between Yuvi Aspiring Pvt. Ltd., Manish Sharma, and Unifique Hospitality International Pvt. Ltd. The court decreed the suit based on this settlement, which involved the transfer of the registered trademark 'The Drunken Botanist' from Manish Sharma to the third party for a consideration of Rs. 5,00,000/-. Crucially, the settlement also included a waiver by the first party of all future claims related to the trademark.
Crc Industries Europe Besloten v.Bhalaria Corporation
The Bombay High Court granted the plaintiff permission to de-seal seized 'impugned products' from the premises of certain defendants. The core issue was determining whether these seized goods were counterfeit or legitimately procured through authorized distributors. The court allowed the plaintiff to take two samples for investigation, ensuring the entire process would be conducted transparently in the presence of all parties and videographed.
Vrajotsav Goswami v.Devendra Verma
Vrajotsav Goswami filed a suit seeking permanent injunction and damages against Devendra Verma, alleging infringement and passing off of his unique singing style name 'Vrajrang' (ब्रजररग), which he claimed to have developed since 1983. The defendant counter-claimed for declaration of prior user rights over the word 'Brajrang'.
Vrajotsav Goswami v.Devendra Verma And Anr.
The plaintiff, Vrajotsav Goswami, sought permanent injunction against defendants for infringement of his 'Vrajrang' style/trademark and passing off. The dispute centered on the use of the name 'Vrajrang (ब्रजररग)' by the defendant No. 1 in publishing a book. Both the main suit and the counter claim filed by the defendant were ultimately dismissed.
Piruz Khambatta Thro Poa Zubin Khambhatta v.Deputy Registrar Of Trademarks
The Gujarat High Court dismissed an appeal filed by Piruz Khambatta, who opposed the registration of the trademark 'RASANAND' in Class 32 (soft drinks). The court found that despite the appellant's claims of similarity to their marks like 'RASNA', there was no evidence of actual public confusion. Furthermore, the court held that the two marks were distinct in nature and appearance, allowing the registration process to continue.
Sporta Technologies Pvt. Ltd. v.Rahul Sharma And Ors
The Delhi High Court granted an interim injunction in favor of Sporta Technologies Pvt. Ltd., recognizing a prima facie case for trademark infringement and passing off against Rahul Sharma and others. The court found that the use of deceptively similar marks like 'Dream 11 onlinematka' creates a high chance of confusion, especially online. Consequently, the defendants were restrained from using the infringing mark and directed to lock and suspend the associated website and domain name.
M/s. Mysore Commerce & Sales Pvt.Ltd v.M/s.Anti Surge Fuses and Lamps; M/s.Shri Krishna Industries; The Registrar of Trade Marks
The Madras High Court dismissed the Original Petition filed by M/s. Mysore Commerce & Sales Pvt.Ltd seeking removal of a trademark entry from the Register of Trade Marks. The dismissal was not based on the merits of the case, but rather due to repeated difficulties in serving notice and locating the petitioner at the specified address. Consequently, the petition was dismissed for non-prosecution.
Indarmal M Solanki v.Rakesh Gupta And Anr
The Delhi High Court granted a rectification petition filed by Indarmal M Solanki against Rakesh Gupta, leading to the cancellation of the contested trademark 'EL PASO'. The court found that the impugned mark was identical to the Petitioner's prior registered and used marks for readymade garments (Class 25). Furthermore, the Respondent failed to renew the registration since April 2017, making it liable for removal under Section 47 of the Trade Marks Act. Consequently, the court ordered the cancellation and deletion of the mark from the register.
Bajaj Resources Limited & Anr. v.Ena Universal & Anr.
The Delhi High Court addressed applications seeking to enforce an existing injunction against trademark infringement related to 'BAJAJ ALMOND DROPS'. The Plaintiffs argued that Defendants were circumventing the court order by selling infringing products through e-commerce platforms under different names. Recognizing this evasion, the Court allowed the impleadment of new parties, including AMZ Venturz, VBRO Skin Care, and Flipkart itself, to ensure comprehensive enforcement against all involved entities.
Manipal Holdings Private Limited v.Manipal Academy Of Higher Education Deemed University, Registrar of Trade Marks, MEMG International India Private Limited, Manipal Global Education Services Pvt. Ltd.
The Madras High Court dismissed a series of Trade Mark Rectification petitions filed by Manipal Holdings Private Limited against various entities. The court noted that the contesting parties had reached an amicable settlement and executed a compromise decree on November 4, 2023. Consequently, the petitioner requested that all rectification petitions be closed as withdrawn in line with the terms of the settlement.
Heineken Asia Pacific Pte. Ltd. v.Shree Sakshat Money Lenders And Exchange Pvt. Ltd. and Anr.
The Delhi High Court addressed petitions filed by Heineken Asia Pacific Pte. Ltd. seeking cancellation of 'TIGER' device logos registered by Shree Sakshat Money Lenders. The court noted the near identity between the marks and directed that status quo be maintained concerning the registrations. This interim order prevents any transfer, license, or assignment of the disputed trademarks while the matter proceeds.
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