India Trademark Cases
3,740 decisions indexed
Page 44 of 125 · 3,740 total
Himalayan Heli Services Private Limited v.Himachal Helicopter Skiing Pty Ltd
The Delhi High Court addressed a complex dispute involving the cancellation of a trademark registration (No. 1523434) held by Himachal Helicopter Skiing Pty Ltd, which was sought by Himalayan Heli Services Private Limited. Given the extensive overlap between the ongoing cancellation petition and an older passing-off suit, the court directed that both cases be consolidated for trial. This strategic move aims to streamline the litigation process, ensuring a unified determination of who holds the rightful rights in the 'Himalayan Heli Services' mark.
Bolt Technology Ou v.Ujoy Technology Private Limited & Anr.
The Delhi High Court found the defendants guilty of contumacious and willful disobedience regarding a previous court order dated November 23, 2022. The original order had clearly prohibited the defendants from using their standalone mark 'BOLT' and an earlier logo, allowing only for future expansion under a modified mark ('BOLT.EARTH'). Despite this categorical direction, the defendants continued to use the proscribed marks. Consequently, the court held them in contempt and scheduled a hearing to determine the appropriate sentence.
Yashoda Hospital And Research Center Limited v.Yashoda Super Specialty Hospital And Anr
The Delhi High Court allowed a review petition filed by Yashoda Hospital And Research Center Limited against an order from the Intellectual Property Appellate Board (IPAB). The IPAB had previously allowed a rectification petition, effectively invalidating the petitioner's registered trademark. The court found that the original order violated the principles of natural justice because service of notice was not properly effected on the petitioner. Consequently, the High Court quashed the impugned order and directed that the rectification petition be heard afresh before the Intellectual Property Division (IPD) of the Court.
Heineken Asia Pacific Pte. Ltd. v.Shree Sakshat Infrastructure Pvt. Ltd.
Heineken Asia Pacific filed cancellation petitions against trademarks registered by Shree Sakshat Infrastructure, alleging that the Respondent is a squatter who has registered an identical device mark. The Delhi High Court acknowledged the near identity between the marks in dispute. Consequently, the court directed that status quo be maintained concerning the registration and prohibited any transfer or assignment of the disputed trademark until further proceedings.
Burger King Company Llc v.Ranjan Gupta & Ors.
The Delhi High Court affirmed the strong standing of Burger King Company LLC, declaring its trademark 'BURGER KING' to be well-known in India. The court relied on extensive global usage, massive promotional investment, and local market presence (over 400 outlets) to establish secondary meaning. This ruling significantly strengthens the brand's protection against unauthorized use by defendants operating under similar names like 'Burger King Family Restaurant'.
Sunstar Overseas Ltd. v.Hello Minerals Waters Pvt. Ltd.
The Delhi High Court dismissed a petition filed by Sunstar Overseas Ltd. seeking rectification of the trademark 'HELLO' (No. 666671). The court noted that despite repeated attempts to serve notice and ensure appearance, neither the petitioner nor the respondent appeared in court. Consequently, the petition was dismissed for non-prosecution.
India International Technical Institute v.Terala Educational Society
The Madras High Court disposed of an Original Petition filed by India International Technical Institute seeking the cancellation of a registered trademark, 'SANSKRITI,' held by Terala Educational Society. The court noted that the mark's last registration was valid only up to March 23, 2020, and its renewal had long expired. Consequently, the Court directed the Registrar of Trade Marks to cancel the certificate and remove the entry from the Register within one month.
Burger King Company Llc v.Virendra Kumar Gupta & Anr.
The Delhi High Court affirmed the strong protection afforded to the 'BURGER KING' trademark, declaring it a well-known mark under the Trade Marks Act. The court relied on Burger King's extensive global presence, long history (since 1954), massive promotional spending, and established secondary meaning in India. This judgment reinforces that globally recognized brands can secure enhanced legal protection against unauthorized use by local operators.
GOTO Technologies USA, Inc. v.Sanikommu Venkata Ramalinga Reddy
The Madras High Court ruled in favor of GOTO Technologies USA, Inc., allowing petitions to cancel several trademark registrations held by Sanikommu Venkata Ramalinga Reddy. The court found that the respondent had adopted the prominent 'GOTO' part of the petitioner’s established mark without justification. By demonstrating its long history and market presence, the petitioner successfully countered arguments regarding delay or lack of prior registration.
Jaisica International v.The Registrar of Trade Marks; Crystal Cook-N-Serve Products Pvt. Ltd.
Jaisica International filed an appeal challenging the Registrar of Trade Marks' order of abandonment concerning its device mark 'KRYSTAL'. However, before the High Court could rule on the merits of the case, the appellant voluntarily chose to withdraw the appeal. Consequently, the court dismissed the matter as withdrawn without passing any substantive orders regarding costs.
Ved Prakash Malhotra (M/s. S.P. Products) v.M/s.Abhinav Export Corporation
This Madras High Court judgment addressed an appeal challenging the rejection of an opposition against a trademark application ('BLACK GOLD'). The court analyzed claims of similarity and prior use between 'BLACK N GOLD' (appellant) and 'BLACK GOLD' (respondent). While acknowledging the marks are nearly identical, the court found that the respondent successfully established honest concurrent use dating back to 1992. Consequently, the respondent was granted the benefit of Section 12, but their rights were narrowly restricted solely to henna hair dye products.
Lacoste S.A. v.Sheetal Fabrics
Lacoste S.A. filed a suit against Sheetal Fabrics alleging infringement of its trademark LACOSTE, passing off, and violation of copyrights in relation to garments and accessories. The court found that the defendant adopted and used trademarks deceptively similar to Lacoste's, causing loss to the plaintiff's reputation.
Himalaya Wellness Company & Ors. v.Prk Productions Llp
Himalaya Wellness Company filed a suit alleging trademark infringement against Prk Productions LLP over the use of 'VIMALAYA' in their film 'Aachar & Co.' The Plaintiffs argued that this usage distorted their established brands like 'HIMALAYA', 'Liv.52', etc., causing consumer confusion. Despite initial denials by the Defendant, the Court found strong evidence supporting the similarity and registered trademarks of the Plaintiff. Consequently, the suit was formally registered, and summons were issued to compel the Defendant to appear and defend the allegations.
Anjay Bansal v.Assistant Registrar of Trade Marks
The Madras High Court overturned the rejection of a device mark registration applied for by Anjay Bansal. The initial refusal was based on the mark being non-distinctive or merely descriptive. However, the court found that the appellant successfully demonstrated long-standing use since 2005 through submitted invoices and annual reports. Citing the proviso to Section 9(1) of the Trade Marks Act, the High Court ruled that the mark had acquired distinctiveness through use, allowing it to proceed to advertisement.
Sun Pharma Laboratories Limited v.Hetero Healthcare Limited And Anr
In a complex trademark dispute, Sun Pharma sought permanent injunction against Hetero Healthcare regarding the alleged infringement of its mark 'LETROZ' by 'LETERO'. The court allowed the Defendants to challenge the validity of Sun Pharma's marks through a rectification petition under Section 57. Crucially, the court clarified that while invalidity can be challenged, the primary suit for passing off will proceed independently, leading to framing of multiple issues covering both infringement and validity.
M/S Malhotra Book Depot v.M/S Mbd Industries And Anr.
Malhotra Book Depot filed a suit against Mbd Industries, alleging trademark infringement and passing off due to the Defendant's use of the deceptively similar mark 'MBD' for non-metallic building materials. The Plaintiff held multiple registrations for 'MBD' across various classes related to publishing. During mediation, the parties agreed that the Defendants would change their mark to 'JMVD'. Consequently, the court disposed of all pending interim injunction applications, allowing the Defendants to continue operating under the new mark.
Retail Royalty Company & Anr. v.Garvit Khandelwal, Trading As Ektarfa Garments & Ors
The Delhi High Court ruled in favor of the Plaintiffs, Retail Royalty Company & Anr., against Garvit Khandelwal (Ektarfa) for trademark infringement involving 'American Eagle' apparel. Despite the defendant claiming lack of knowledge and offering a settlement, the court found him liable due to his previous conduct as an infringer. The suit was decreed with a permanent injunction and an award of Rs. 3,00,000/- in damages.
Glaxo Group Limited v.Naresh Kumar Goyal, Trading As Maiden Pharmaceuticals & Anr.
The Delhi High Court addressed a complex interplay between an infringement suit and concurrent rectification petitions concerning pharmaceutical trademarks. The court clarified that while the statute requires rectification to be decided first, the simultaneous filing by the plaintiff preempted the need for a mandatory adjournment. Consequently, the court framed multiple issues covering trademark validity, infringement, passing-off, and defenses like adoption from APIs, setting the case for trial.
Reckitt Benckiser (India) Private Limited v.Sauss Home Products Private Limited
This Delhi High Court order addresses a complex trademark dispute between Reckitt Benckiser and Sauss Home Products concerning the 'Robin Bird' device mark. The core issue revolves around establishing who is the prior adopter or owner of the distinctive mark and artistic work used on their respective products. The court has directed both parties to file comprehensive evidence, including marketing materials and advertisements, to substantiate their claims of priority. Furthermore, several applications regarding territorial jurisdiction, stays, and cancellation petitions are pending, indicating a multi-faceted legal battle.
Legrand France and Novateur Electrical and Digital Systems Pvt Ltd v.Praveen Kumar Jain (Trading as Biocon Tapes India) and The Registrar of Trademarks
The Madras High Court allowed a petition seeking rectification of the trade mark register, successfully canceling an identical registration of 'LEGRAND' held by Praveen Kumar Jain. The court found that the petitioner, Legrand France, had prior and extensive use of the arbitrary mark since 1970 in India, while the respondent's goods (adhesive tapes) were complementary to the petitioner's electrical products (switches). Given the identical nature of the marks and the likelihood of public confusion due to overlapping distribution channels, the court ruled that the later registration was made without sufficient cause.
M/S.Silver Oak (India) Limited v.Rhizome Distilleries Pvt. Ltd.
The Madras High Court dismissed the appeal filed by M/S. Silver Oak (India) Limited against Rhizome Distilleries Pvt. Ltd. The core issue involved an opposition concerning Trade Mark No. 1116900 in Class 33. However, upon inquiry, the court found that the relevant trade mark had already been removed from the Register of Trade Marks. Consequently, the appeal was deemed infructuous and dismissed without further order.
M/S TAG HEUER S.A. v.SH. AJIT SINGH
The plaintiff, M/s Tag Heuer S.A., a luxury watchmaker, filed a suit alleging that unknown persons were using its trademark on inferior quality counterfeit products. A Local Commissioner was appointed to search the premises of the defendant, where 137 watches and other materials bearing the plaintiff's trademark were recovered. The court found the material unrebutted and granted relief in favor of the plaintiff.
Sharp Kabushiki Kaisha v.Sharp Industries & The Deputy Registrar of Trade Marks
The Madras High Court dismissed the appeal filed by Sharp Kabushiki Kaisha challenging an earlier order that allowed a competitor, Sharp Industries, to register the mark 'SHARP' for pumps. Despite presenting extensive evidence regarding its global reputation and prior use of the trademark, the court upheld the original decision. The core reasons for upholding the registration were that the goods in question (pumps) were deemed dissimilar from the appellant's primary products, and crucially, the appellant failed to definitively establish that 'SHARP' was a well-known mark within India as required by the Trade Marks Act.
M/s.K.P. Namboodiri'S Ayurvedics v.Dr. S. Sajikumar
The Madras High Court disposed of the petition filed by M/s.K.P. Namboodiri'S Ayurvedics against Dr. S. Sajikumar regarding the cancellation of a registered trademark (No. 1914715). The court noted that the contesting parties had entered into a Memorandum of Compromise dated October 31, 2023. Under this settlement, both parties agreed to permit each other's trademarks to coexist in the market and subsequently withdrew all related proceedings.
M/s.Blue Heaven Cosmetics Pvt. Ltd v.BHCosmetics LLC
The Madras High Court ruled in favor of M/s. Blue Heaven Cosmetics Pvt. Ltd, granting a petition for rectification of the Trade Marks Register. The court found that the first respondent's subsequent trade mark registration was deceptively similar to the petitioner's prior and established use of 'Blue Heaven.' Given that both marks are used in relation to cosmetics and related products, the court directed the Registrar of Trade Marks to cancel and remove the impugned registration (No. 4200085) from the register.
Mhg Ip Holding (Singapore) Pte. Ltd v.Anantara Greens & Ors
This Delhi High Court order marks the initial procedural steps in a trademark infringement suit filed by MHG IP Holding against Anantara Greens. The court registered the plaint and set out the schedule for pleadings, while simultaneously addressing several interlocutory applications. Key decisions included condoning the plaintiff's delay in refiling the suit and granting exemptions necessary to proceed with the claim of continuing trademark infringement.
Lupin Limited v.Tablets (India) Limited
The Madras High Court set aside an earlier rejection order in favor of Lupin Limited, allowing its appeal against the registration of the mark 'CEFTRIL'. The court found that the Registrar's conclusion—that Lupin did not use its prior mark 'CEFF'—was erroneous and contradicted the evidence presented. Furthermore, given the 1st respondent's willingness to seek cancellation, the High Court directed the removal of the disputed trade mark from the register.
Bennett, Coleman And Company Limited v.E1 Entertainment Television , Llc Anr
The Delhi High Court allowed the respondent's applications seeking to introduce a specific YouTube video into the rectification proceedings. The respondent argued that this video was crucial evidence supporting their claim of continuous use of the mark since the early 1990s, which directly counters the petitioner's request for trademark cancellation/rectification. The court ruled that since the link had been previously cited in the written statement, the video clip was not an 'additional document,' thereby allowing its admission to ensure a fair trial.
Compagnie De Saint-Gobain v.Sakthi Sai Safety Glass India
Compagnie De Saint-Gobain filed applications alleging that Sakthi Sai Safety Glass India was continuing to use the protected Trade Mark 'SAINT-GOBAIN' for selling toughened glasses after their contract had been terminated. The respondents raised defenses regarding lack of compliance with mediation, contractual relationship, and arbitration clauses.
Exide Industries Ltd / Chloride Group Limited v.Vertiv Company Group Limited / R.G. Kapadia & Others
The Delhi High Court decreed two consolidated suits concerning the trademark 'CHLORIDE' after the parties reached a comprehensive settlement. The dispute involved Exide Industries Ltd (and Chloride Group Limited) against Vertiv Company Group Limited regarding the unauthorized use of the mark on UPS products. Under the terms of the settlement, Vertiv agreed not to use the 'CHLORIDE' trademark or its variants directly or indirectly, effectively resolving the long-standing infringement claims.
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