India Trademark Cases
2,066 decisions indexed
Page 5 of 69 · 2,066 total
Mankind Pharma Limited v.De Harbien Life Sciences Private Limited
The Delhi High Court granted an ad-interim injunction in favor of Mankind Pharma Limited against De Harbien Life Sciences Private Limited. The court found that the defendant's use of marks like 'NEFROKIND' and 'SILOKIND' was likely to cause confusion with Mankind's well-known trademarks, including 'MANKIND' and its formative variants. Given the pharmaceutical nature of the products and the potential for irreparable harm to the plaintiff and the public, the court restrained the defendant from selling or advertising the impugned marks until further hearing.
Rajat Sharma & Anr. v.Tamara Doc & Ors.
The Delhi High Court issued an interim order in a suit concerning alleged infringement of personality and publicity rights, registered trademarks, and copyright. The court directed the plaintiff to serve advanced copies of their pending applications on the counsel representing proposed defendant no. 17 (Google LLC). This procedural step moves the litigation forward as the court prepares for further hearings regarding the injunction and impleadment requests.
M/S Landmark Crafts Private Limited v.Romil Gupta Proprietor Of M/S Sohan Lal Gupta & Anr.
The Delhi High Court addressed an appeal challenging the rejection of a defendant's application to take certain affidavits on record in a trademark infringement suit. The court ultimately allowed the application, accepting the additional documents despite procedural delays. This decision emphasizes judicial flexibility and the importance of considering the context of litigation history when determining admissibility of evidence.
Jaquar And Company Private Limited v.Jaquar Franchise & Ors.
The Delhi High Court granted interim injunctive relief in favor of Jaquar And Company Private Limited against various defendants regarding the unauthorized use of its 'JAQUAR' trademark. The court ordered immediate suspension of specific domain names associated with the mark and directed actions to freeze relevant bank accounts, recognizing the brand's well-known status. This order sets a strong precedent for protecting established trademarks in the digital age.
Tata Sons Private Limited v.Martuj Ali & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Tata Sons Private Limited against Martuj Ali & Anr. The court found a prima facie case of trademark infringement and passing off, noting the well-known status and extensive use of the 'TATA' mark by the Plaintiff. Consequently, the Defendants were restrained from using the impugned mark 'TATA BIRI' or any deceptively similar variations, preventing consumer confusion regarding their association with the Tata Group.
M/S Bhagwati Enterprises v.Rajesh Kumar Aggrawal
In this Delhi High Court order, the court addressed several procedural applications in a suit concerning trademark infringement and passing off. The court granted the plaintiff exemptions for filing copies and instituting pre-litigation mediation due to the urgency of the matter. Crucially, the court allowed the plaintiff time to amend the plaint after finding that the initial claims regarding manufacturing capacity were unsubstantiated by the records.
Herbalife International Inc. v.Shiv Shakti Enterprises & Ors.
The Delhi High Court extended the existing interim injunction against Herbalife's trademarks to a newly impleaded defendant (Mr. Narayan Lal Kumawat) after relying on a local commissioner's report indicating counterfeit activity. The court also issued strict directives, requiring all involved parties to discontinue selling infringing goods on Flipkart and disclose detailed transaction information related to the alleged trademark infringement.
Tata Sons Private Limited & Anr. v.Sohel Iliyasbhai Dantroliya
The Delhi High Court addressed several procedural applications in the trademark infringement suit filed by Tata Sons against Sohel Iliyasbhai Dantroliya. Crucially, the court granted an interim injunction and permitted the appointment of a Local Commissioner to inspect and seize infringing goods (VITA GLUCO+) bearing deceptively similar packaging to TATA GLUCO+. The order also provided procedural relief to the plaintiffs regarding extensions of time, exemption from pre-institution mediation, and permission to file additional documents.
Jsw Mg Motor India Private Limited v.The Registrar Of Trade Marks & Anr.
The Delhi High Court heard an appeal filed by JSW MG Motor India Private Limited challenging the Registrar of Trade Marks' order that treated their application as abandoned due to non-appearance. The Appellant argued that their newly engaged counsel made reasonable attempts to join the virtual hearing but was unable to do so because the VC link was sent to the previous counsel. The Court prima facie agreed with the Appellant, finding that the inability to attend was not attributable to the new counsel. Consequently, notice was issued to the Respondents, and the matter was listed for further consideration.
Kbm Foods Private Limited v.Ajay Yadav Trading As Sourav Masala Company
The Delhi High Court issued a comprehensive order in the trademark infringement suit filed by Kbm Foods Private Limited against Ajay Yadav Trading As Sourav Masala Company. The court granted several procedural exemptions, including waiving pre-institution mediation due to the urgency of the matter. Crucially, the court directed the appointment and execution of a Local Commissioner to seize goods bearing allegedly infringing marks, thereby providing immediate interim relief to the plaintiff while the main suit proceeds.
Lifestyle Equities C.V. v.Dilipkumar Narandas Sheth Trading As M/s. Arihant Enterprise
In this ongoing trademark dispute, the Delhi High Court addressed several interlocutory applications. The court allowed the defendant to file vernacular and dim documents while simultaneously directing both parties to engage in an amicable resolution. Crucially, the court acknowledged evidence presented by the defendant regarding the historical use of a specific logo as a watermark on invoices dating back to 1993, allowing the plaintiff to inspect these original documents. The judgment emphasizes the possibility of settlement before further litigation proceeds.
Grasim Industries Limited & Anr. v.Mridula Kumari Trading As M/S Superior Birla Rock And Co.
Grasim Industries Limited successfully settled its trademark infringement suit against Mridula Kumari Trading As M/S Superior Birla Rock And Co. The parties reached an amicable agreement where the defendant formally recognized the plaintiffs' exclusive proprietary rights in trademarks like BIRLA and BIRLA WHITE, trade dress, and packaging. Crucially, the settlement mandates that the defendant cease using any confusingly similar marks or trade names, change her business name, and refrain from online misuse of the protected brands. The court decreed the suit based on these comprehensive settlement terms.
Darzi India Llp v.Kafil Ahmed
This Delhi High Court order addresses a contempt petition filed by Darzi India Llp against Kafil Ahmed for alleged violation of a prior court decree. The core dispute revolves around the permissible use of the trade mark 'KAFIL DARZI'. While the petitioner sought strict enforcement and removal of infringing marks, the respondent argued that the previous judgment permitted the usage. Consequently, the Court allowed the respondent liberty to seek clarification from the Single Judge regarding the scope of the prior order.
YC Electric Vehicle v.Iqbal Proprietor Of M/S K.G.N & Anr.
The Delhi High Court granted an ad-interim injunction in favor of YC Electric Vehicle against Iqbal Proprietor Of M/S K.G.N & Anr., addressing claims of trademark and copyright infringement related to the 'YATRI' brand used for electric vehicles. The court recognized the Plaintiff's status as a prior user and owner, issuing a broad restraint order preventing Defendants from using deceptively similar marks online or offline. This interim relief is crucial for protecting the market reputation and goodwill associated with the Plaintiff's established e-vehicle brand.
Bima Sugam India Federation v.A Range Gowda & Ors.
The Delhi High Court confirmed an interim injunction in favor of Bima Sugam India Federation against A Range Gowda & Ors., addressing a dispute over trademark infringement and domain name ownership. The court found that Defendant No. 1 had adopted the 'BIMA SUGAM' mark in bad faith, leading to deceptive similarity with the Plaintiff's established marketplace brand. Consequently, the Court directed the registrar (Defendant No. 2) to transfer the key domain names, www.bimasugam.com and www.bimasugam.in, to the Plaintiff, subject to the final outcome of the suit.
Unique International Ev Private Limited v.Iqbal Proprietor Of M/S K.G.N & Anr.
The Delhi High Court granted an ad-interim injunction in favor of Unique International EV Private Limited against Iqbal Proprietor Of M/S K.G.N & Anr. The Plaintiff, a manufacturer of electric vehicles under the 'PANTHER' brand, successfully argued that the Defendants were infringing upon its trademarks and copyrights by using confusingly similar marks for identical goods (e-rickshaws). This interim relief prevents the Defendants from continuing their alleged infringement while the main suit proceeds.
Modi-Mundipharma Pvt. Ltd. v.Agrosaf Pharmaceuticals Pvt. Ltd. & Anr.
The Delhi High Court decreed a trademark infringement suit between Modi-Mundipharma Pvt. Ltd. and Agrosaf Pharmaceuticals Pvt. Ltd. following an amicable settlement. The defendants agreed to permanently cease all use, promotion, and sale of products bearing the mark 'AGROCONTIN.' Furthermore, they acknowledged the plaintiff's proprietary rights in 'NITROCONTIN' and committed not to adopt any deceptively similar marks incorporating the suffix 'CONTIN,' effectively resolving the dispute through a binding decree.
Bisleri International Private Limited v.Yogesh Chaurasia
The Bombay High Court granted an interim injunction in favor of Bisleri International Private Limited against Yogesh Chaurasia. The court found prima facie evidence that the defendant was passing off their packaged drinking water as being associated with the plaintiff. Specifically, the judge noted that the defendant's mark 'BRISLEI,' labels (OXY FINE and BILIFE), bottle design/shape, and even the green cap were substantially similar to Bisleri's distinctive trade dress. This ruling provides immediate protection to Bisleri while the main suit proceeds.
Crocodile International Pte. Ltd. v.La Chemise Lacoste & Anr.
The Delhi High Court issued an order addressing procedural applications in the trademark infringement suit filed by Crocodile International Pte. Ltd against La Chemise Lacoste & Anr. The court condoned the plaintiff's delay in filing its replication and granted an extension for filing a rejoinder, provided the plaintiff deposits costs. Furthermore, the court set out a clear roadmap for the case management, directing both parties to file documents, affidavits of admission/denial, and joint document schedules before proceeding to trial.
Energy Beverages Pvt. Ltd. v.Flora Beverages India Pvt Ltd
In a commercial IP suit concerning energy beverages, the Bombay High Court allowed the plaintiff's request to consolidate multiple claims. The court granted leave for Energy Beverages Pvt. Ltd. to combine its cause of action for passing off with those related to trademark and copyright infringement. This procedural step allows the parties to address all facets of their intellectual property dispute within a single legal framework, paving the way for further substantive hearings.
Unilever Global Ip Limited v.As Print Pack Global Private Limited
The Plaintiffs sought permission from the Bombay High Court to combine their cause of action involving infringement and passing off. The court allowed the interim application. Furthermore, the suit against Defendant No. 4 was disposed of based on Consent Minutes of the Order, while the suit continued against Defendants No. 1 to 3.
M.Ramesh v.V.Balu
The Madras High Court set aside an order from the Principal District Judge, Cuddalore, which had rejected a trademark infringement suit based on the existence of an arbitration agreement. The court ruled that since the defendants were not parties to the partnership deed containing the arbitration clause, and the dispute concerned trademark rights against third-party entities, the commercial suit was maintainable in civil court. This decision allows the original trademark infringement case to proceed.
X v.Y
The Delhi High Court granted an interim injunction in favor of the Plaintiff (X) against the Defendant (Y), who was accused of manufacturing and selling imitation nutrition supplements. The court recognized the Plaintiff's rights across multiple IP domains, including registered trademarks ('WELLVERSED', 'WELLCORE'), house marks, and copyright subsisting in the product packaging/labels. Furthermore, the court granted several procedural exemptions to facilitate urgent investigation via a Local Commissioner.
Lifestyle Equities C.V. v.Amazon Technologies Inc.
This Supreme Court judgment addresses a Special Leave Petition filed by Lifestyle Equities C.V. against Amazon Technologies Inc., concerning the stay of an execution decree related to trademark infringement. The core issue revolved around whether the Delhi High Court was justified in granting a stay on the money decree without insisting on the deposit of the decretal amount. The Supreme Court ultimately dismissed the petition, upholding the High Court's decision regarding the stay.
Dilesh Raj Borana F.U.F. v.M/S Udhog Mandir
The Rajasthan High Court upheld a lower court's decision regarding the territorial jurisdiction for a trademark infringement suit. The petitioner challenged the rejection of their application to return/reject the plaint, arguing that the cause of action did not arise in Bikaner. However, the High Court ruled that Section 134(2) of the Trademarks Act, 1999 provides a special rule allowing an infringement suit to be filed where the plaintiff resides or carries on business, even if the cause of action is elsewhere. Consequently, the writ petition was dismissed.
Signify Holding B V v.Kalpesh Bhomaram Prajapati & Anr.
In this trademark dispute, Signify Holding B V sought relief against Kalpesh Bhomaram Prajapati regarding the use of the mark 'dignify'. The court noted the defendant's submission that they do not intend to continue using the mark and expressed willingness to resolve the suit amicably. Consequently, the High Court granted a one-week standover period to facilitate settlement while temporarily restraining the defendant from making any further sales under the disputed trademark.
Anita Rajesh Upadhyay v.Automark Industries (India) Pvt.Ltd.
The Bombay High Court partially allowed a writ petition challenging an order that appointed a Court Commissioner in a trademark infringement suit. The court found that the original application lacked proper foundation, was filed long after the injunction, and contained arbitrary directions regarding premises searches. While quashing the impugned order, the High Court directed the trial court to reconsider the application afresh, taking into account the defendant's objections regarding the commissioner's appointment.
Suresh Gulwani and Others v.M/S Dammani Brothers Through Partner Shri Rajendra Dammani
The Madhya Pradesh High Court granted a stay on an earlier Commercial Court order that had restricted the manufacturing, selling, and advertising activities under the 'SWAD GOLD' trademark. The petitioners argued that the restriction was causing immediate irreparable business loss, halting their entire operations and preventing them from selling existing stock. Given the prima facie case of injury, the High Court decided to stay the operation of the restrictive order until further hearing.
Honasa Consumer Limited v.Cloud Wellness Private Limited & Anr.
Honasa Consumer Limited sought an interim injunction against Cloud Wellness Private Limited, alleging infringement of its trade dress and passing off. The Delhi High Court dismissed the application, noting that the issues of originality, prior use, and distinctiveness of the 'Subject Trade Dress' are complex factual questions requiring a full trial. Given the prolonged market co-existence between both parties, the court found no compelling case for granting an immediate injunction.
Tommy Hilfiger Europe Bv & Anr. v.Mr Lalit Kumar Goel & Ors.
In this commercial suit concerning trademark infringement, the Delhi High Court granted several procedural reliefs in favor of the plaintiffs, Tommy Hilfiger and Calvin Klein. The court exempted them from pre-institution mediation due to the urgency of interim relief sought. Furthermore, it allowed an exemption from advance service to the defendants, recognizing the imminent risk that the defendant might conceal infringing operations. Crucially, the court directed local commissioners to inspect the premises to ascertain the value of deceptively similar stock and gather evidence against the alleged infringers.
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