India Trademark Cases
2,115 decisions indexed
Page 47 of 71 · 2,115 total
Bharathi Consumer Care Products Pvt. Ltd. v.Mr.Suresh
Bharathi Consumer Care Products Pvt. Ltd. filed a civil suit against Mr. Suresh, alleging multiple infringements related to its detergent products. The claims included unauthorized use of the 'XXX' registered trademark, copyright infringement on the product's artistic label/trade dress, and passing off. However, before the court could rule on the merits of the case, the plaintiff chose to withdraw the suit.
Mylan Laboratories Limited v.Union Of India & Ors
Mylan Laboratories Limited challenged an order that granted a patent for 'Methods of Evaluating Peptide Mixtures' after dismissing their pre-grant opposition. The petitioner sought urgent relief as the Intellectual Property Appellate Board (IPAB) was non-functional due to long-standing vacancies in its Technical Member positions, leading to a logjam of appeals. The Delhi High Court addressed this systemic issue by invoking the doctrine of necessity, ruling that IPAB can continue hearing urgent matters related to Patents, Trademarks, and Copyrights even with vacant technical posts.
Palson Enterprises v.Kasi Group Of Companies
The Madras High Court dismissed the appeals filed by Palson Enterprises, upholding the Single Judge's decision to vacate the interim injunction. The court found that Palson had slept over the matter for eight months despite having knowledge of Kasi Group's use of the 'Kasi' name in their theatre business. While acknowledging the appellant's rights under the Trade Marks Act, the court held that issues of prior usage and comparative loss must be determined during a full trial, not at the interim stage.
Superon Schweisstechnik India Limited v.D & H India Limited
The Delhi High Court addressed an appeal challenging an order that allowed a plaintiff's application to amend their plaint. The plaintiff sought to introduce facts regarding the earlier use of the trademark SUPERON by its parent group, Stanvac Chemicals India Limited, dating back to 1994. Despite arguments from the defendant claiming grave prejudice due to the change in user date, the court upheld the amendment order. The judgment emphasized that at the stage of considering an amendment, the court must not delve into the merits or correctness of the claims, provided the amendment is necessary for proper adjudication and is bona fide.
Dongguan Tr Bearing Co. Ltd. v.M/s. Harman Overseas and Ors.
The Bombay High Court addressed a Commercial IP Suit filed by Dongguan Tr Bearing Co. Ltd. against M/s. Harman Overseas and Ors. The court noted that both parties had initiated applications before the Intellectual Property Appellate Board (IPAB) seeking the rectification of each other's trademarks. Consequently, the judge stayed the ongoing suit until the outcomes of these parallel IPAB proceedings are determined.
Flsmidth Private Limited v.Mr.S.Balaj Das
Flsmidth Private Limited filed a suit seeking permanent injunctions, damages, and accounts regarding alleged copyright infringement in engineering drawings and passing off related to its 'O-SEPARATOR' product. The core dispute revolved around whether the plaintiff had adequately established territorial jurisdiction for the Commercial Division of the Madras High Court against foreign respondents. The court ultimately held that the plaintiff failed to provide specific pleadings demonstrating how the defendants were amenable to the court's jurisdiction, leading to the dismissal of the appeals.
Hindustan Unilever Ltd. v.Meera Soap Works
Hindustan Unilever Ltd. filed a suit against Meera Soap Works alleging infringement of its copyrighted artwork and passing off related to its SUNLIGHT detergent label. The Bombay High Court granted leave under the Letters Patent Act, decreed the suit, and issued perpetual injunctions.
M/S Allied Blenders And Distillers Pvt Ltd v.Amit Dahanukar & Anr
The Delhi High Court addressed the defendant's attempt to dismiss the trademark infringement suit by arguing that the cause of action was barred under Order 2 Rule 2 CPC. The court found that since the alleged unauthorized use and infringement constituted a continuing cause of action, the earlier litigation did not bar the present suit. Consequently, the application for dismissal was dismissed, allowing the main IP dispute to proceed.
M/S Teleecare Network India Pvt Ltd v.M/S Asus Technology Pvt Ltd & Ors
The Delhi High Court ruled in favor of Teleecare Network India Pvt Ltd, finding that Asus Technology and others had infringed upon its trademark rights through passing off. The court determined that the defendant's adoption of 'ZENFONE' was deceptive because it incorporated the plaintiff's dominant mark 'ZEN' for identical goods (mobile phones). Given the plaintiff's prior use, significant market reputation, and large advertising expenditure, the court granted a permanent injunction to prevent further misuse of similar marks.
Hindustan Unilever Limited v.Ahuvan Industries
Hindustan Unilever Limited filed a commercial IP suit against Ahuvan Industries alleging infringement of its copyright in the SUNLIGHT label artwork and passing off through the use of deceptively similar trade dress and label marks by the Defendant's product, MEJOL. The Bombay High Court granted leave to appeal and decreed the suit.
Hindustan Unilever Limited v.Ahuvan Industries
Hindustan Unilever Limited filed a commercial IP suit against Ahuvan Industries alleging infringement of its copyrighted artwork and passing off related to its SUNLIGHT detergent brand. The court granted leave under the Letters Patent Act and decreed the suit, imposing perpetual injunctions on the defendant.
Hindustan Unilever Limited v.Ahuvan Industries
Hindustan Unilever Limited filed a commercial IP suit against Ahuvan Industries alleging infringement of its copyrighted artwork (SUNLIGHT) and passing off through the use of deceptively similar labels and trade dress (MEJOL). The Bombay High Court granted leave to appeal, decreed the suit in favor of the plaintiff, and issued perpetual injunctions.
Cedar Properties & Trading Llp & Ors. v.Hab Pharmaceuticals & Research Limited & Ors.
The Delhi High Court granted a temporary injunction in favor of Cedar Properties & Trading LLP against Hab Pharmaceuticals & Research Limited. The plaintiffs claimed that the defendants were using the deceptively similar trademark 'DROTIOST' for pharmaceutical preparations, infringing upon their registered mark 'DROTIN'. Given the potential for consumer confusion in the medical field, the court restrained the defendant from manufacturing or selling products under the impugned mark until further hearing.
Hindustan Unilever Ltd. v.Mak Traders
This notice of motion pertains to an ongoing Commercial IP Suit where Hindustan Unilever Ltd. sought protection for its distinctive SURF EXCEL trade dress against Mak Traders' competing detergent products. The court granted an ad-interim injunction restraining the defendant from using any trade dress or mark deceptively similar to the Plaintiff's.
Hindustan Unilever Limited v.Anil Chemicals
Hindustan Unilever Limited filed a suit against Anil Chemicals alleging infringement of its copyrighted artistic labels (WHEEL) and passing off through the use of deceptively similar artworks/trade dress (SURYA) on detergent products. The parties reached a settlement, leading to the court decreeing the suit.
Hindustan Unilever Limited v.Mak Traders
Hindustan Unilever Limited filed a Commercial IP Suit against Mak Traders alleging infringement and passing off related to their detergent preparations. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an ad-interim injunction.
Asian Paints Limited v.Rainbow Colours Co. and others
Asian Paints Limited filed a Commercial IP Suit against Rainbow Colours Co. and others alleging infringement of its distinctive trademarks and trade dress related to wall primers. The Bombay High Court granted leave under the Letters Patent Act and passed an order granting an interim injunction.
Asian Paints Limited v.Phinex Paints and Polychem Industries
Asian Paints Ltd filed a Commercial IP Suit against Phinex Paints and Polychem Industries alleging trademark infringement and passing off. The Bombay High Court granted leave under the Letters Patent Act and passed an order granting an interim injunction.
Metro Brands Limited v.Reliance Retail Limited
The Bombay High Court passed an order by consent in a Commercial IP Suit concerning trademark infringement and passing off. The court granted permanent injunctions against Defendant Nos. 1 and 2, restraining them from infringing or passing off the Plaintiff's registered METRO marks. Additionally, Defendants Nos. 1 and 2 were directed to pay costs of Rs. 10 Lakhs.
Hotel Panchavati v.Hotel Panchawati
The Plaintiffs filed a commercial IP suit against the Defendants alleging infringement of their well-known PANCHVATI trademarks in the hospitality sector. The court granted leave under Clause XIV of the Letters Patent Act and passed an interim order restraining the defendants from using the infringing marks and domain names.
Ceat Limited v.Ambika Rubber Industries and others
The petitioner, Ceat Limited, filed a suit alleging infringement of its trademark CEAT and copyright in its original artistic work and trade dress. The court had previously granted ex-parte ad-interim relief. On this date, the defendants repeatedly failed to file their affidavits or appear before the court despite multiple adjournments, leading the court to pass an order directing them to appear on a specific future date while continuing the existing interim orders.
Sun Pharma Laboratories Limited v.Madhusudan Pharmaceutical Agency and another
Sun Pharma Laboratories Limited filed a commercial IP suit against Madhusudan Pharmaceutical Agency and others alleging infringement of its registered trade mark 'PANTOCID-DSR'. The court granted leave under Clause XIV of the Letters Patent Act and passed an interim order restraining the defendants from dealing in products bearing the impugned trademark.
Elder Projects Ltd. & Anr. v.Elder Pharmacia Llp & Ors.
The Delhi High Court dismissed the suit filed by Elder Projects Ltd. against Elder Pharmacia LLP, finding that the claim of passing off lacked a genuine cause of action. The court relied heavily on evidence provided by the plaintiff's Managing Director, which revealed that the plaintiff had previously claimed rights over the 'ELDER' trademark based on mistaken advice and was not the registered proprietor. Consequently, the interim ex-parte injunction granted to the plaintiff was vacated, marking a significant setback for Elder Projects Ltd.
Tata Sky Limited v.National Internet Exchange Of India (NIXI)
Tata Sky Limited filed suit seeking permanent injunction against an individual (D-3) for passing off the 'TATA SKY' trade mark, and mandatory injunctions against NIXI (D-1) and GoDaddy (D-2) to prevent or extinguish deceptively similar domain names. The court granted decrees in favor of Tata Sky Limited against D-3, ordering permanent injunction, and against D-1 and D-2, directing the extinguishment of specific listed domain names.
Ceat Limited v.Ambika Rubber Industries And 2 Ors.
Ceat Limited filed a Commercial IP Suit against Ambika Rubber Industries and others alleging trademark infringement and passing off related to tyre tubes and automobile industry goods. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an order granting an interim injunction restraining the defendants from using marks or trade dress deceptively similar to Ceat's.
Donato Styling Products v.Celine Health Care Private Limited
Donato Styling Products filed a Commercial IP Suit alleging trademark infringement and passing off by Celine Health Care Private Limited. The court granted leave to the petitioner and subsequently passed an interim order granting a temporary injunction against the defendants regarding the use of similar trademarks.
Kewal Kiran Clothing Limited v.Rupam Garments
The Bombay High Court addressed a Notice of Motion concerning allegations of infringement and passing off. The Defendant failed to appear before the court, leading the court to issue a bailable warrant against the proprietor of Rupam Garments. The existing ad-interim order was directed to continue.
Hindustan Unilever Limited v.Jms Industries
Hindustan Unilever Limited filed a Commercial IP Suit against JMS Industries regarding alleged trademark infringement and passing off related to detergent products. The court granted leave under Clause XIV and issued an interim injunction restraining the Defendant from using the mark SARAF or the SPLAT Device in relation to its detergent preparations.
Hindustan Unilever Limited v.Jms Industries
Hindustan Unilever Limited filed a Commercial IP Suit against JMS Industries concerning trademark infringement and passing off related to detergent preparations. The court granted leave under Clause XIV of the Letters Patent Act and issued an interim injunction restraining the defendant from using the mark SARAF or the SPLAT Device in connection with similar goods.
Surya Food And Agro Limited v.Om Traders & Anr.
The Delhi High Court dismissed Surya Food And Agro Limited's suit against Om Traders and others, which alleged passing off based on similar packaging trade dress. The court found that despite the plaintiff's claims regarding distinctive packaging for 'BUTTER DELITE,' there was no sufficient similarity or likelihood of confusion with the defendant's product, 'BUTTER KRUNCH.' The judgment emphasized consumer perception principles (Gestalt Psychology), concluding that consumers recall products holistically rather than focusing on minute details of the packaging.
Facing a trademark dispute?
Arctic's TM litigation team handles ~120 trademark matters per year across India, EU, and UK. From oppositions to infringement actions, we build winning arguments from precedent.