India Trademark Cases
3,740 decisions indexed
Page 52 of 125 · 3,740 total
Hindustan Unilever Limited v.Sushil Prajapati
Hindustan Unilever Limited filed a Commercial IP Suit against Sushil Prajapati regarding the use of impugned marks SUPER SURF and Splat device. The parties subsequently settled their disputes, leading to the court decreeing the suit in favour of the Plaintiff.
Bluechip Amusements (India) Pvt. Ltd. v.Crazy Concepts And Mazes Pvt.Ltd.
The Madras High Court dismissed the Original Petitions filed by Bluechip Amusements against Crazy Concepts and Mazes. The dismissal was due to non-prosecution, as the petitioner informed the court that they no longer operated their outlet under the name 'HORROR HOUSE.' This outcome highlights the importance of active litigation management in trademark disputes.
M.Sarojini v.M/s. Ce Biotech (P) Limited
The Madras High Court dismissed a petition filed by M.Sarojini seeking the expungement of the trademark ZIPROVIT (No. 1631278) from the register, which was held in the name of M/s. CE Biotech (P) Limited. The petitioner subsequently informed the court that they were withdrawing the petition due to the non-renewal of the relevant trademark registration. This outcome highlights the procedural necessity of maintaining active IP rights.
M/S.Verizon Trademarks Services Llc v.M/s. Verinon Technology Solutions Private Limited; The Registrar of Trade marks
The Madras High Court dismissed a petition seeking rectification and cancellation of Trademark No. 2110042 due to non-renewal. The court noted that since the trademark registration had lapsed (last renewed up to March 4, 2021), no further adjudication was required on the merits of the dispute. Consequently, the Registrar of Trade Marks was directed to take necessary steps within four weeks to rectify the register and cancel the mark.
Ramesh Gupta And Rajan Gupta Partners Of M/s Ganga Containers v.M.A.Hameed Proprietor, AH Food products
The Madras High Court dismissed a trademark petition filed by Ramesh Gupta and Rajan Gupta Partners against M.A. Hameed Proprietor. The court noted that the core subject matter, Trademark Registration No. 1879905, had been cancelled. Since the underlying right was no longer valid, the entire petition became infructuous, leading to its dismissal without any order regarding costs.
M/S. Hatsun Agro Product Limited v.H.Omar Farook and The Registrar of Trade Marks
M/S. Hatsun Agro Product Limited filed a petition seeking the cancellation and rectification of Trademark No. 2555577 in Class 25, arguing its invalidity or non-use. However, upon receiving an affidavit from the first respondent, H.Omar Farook, which confirmed that the trademark had expired on June 27, 2023, and that he would not renew it, the Madras High Court dismissed the petition as infructuous. This outcome highlights how a simple change in registration status can immediately resolve complex IP disputes.
M.Y. Mumtaj Begum & M. Badrudeen v.K.R. Iqbal Ahmmed & The Registrar of Trade Marks
The Madras High Court addressed an Original Petition seeking the rectification and cancellation of Trademark Registration No. 1509172, which was granted to K.R. Iqbal Ahmmed for beedies and tobacco products. However, before any substantive hearing could take place, the petitioners communicated their decision to withdraw the petition. Consequently, the court dismissed the Original Petition as withdrawn without making any order regarding costs.
Livguard Energy Technologies Pvt Ltd. v.Mohammad Akil And Anr
The Delhi High Court disposed of a trademark infringement case following a comprehensive settlement between Livguard Energy Technologies Pvt Ltd. and Mohammad Akil And Anr. The respondent acknowledged the petitioner's exclusive rights in LIVFAST/ and agreed to cease using confusingly similar marks like LEFAST/. Crucially, the court directed the Trade Marks Registry to forthwith cancel two specific registrations (4059607 and 4380874) in favor of the respondent, finalizing the dispute while allowing a grace period for existing stock exhaustion.
M/S Sharad Enterprises v.M/S Saboo Emery Stone Industries
The Rajasthan High Court dismissed the writ petition filed by M/S Sharad Enterprises, which sought to overturn a lower court's rejection of its plaint. The core dispute revolved around whether the respondent's trademark infringement suit was subject to mandatory pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015. The Court found that since the respondent had filed an application for temporary injunction and pleaded recurring business loss, the matter clearly contemplated urgency, thus exempting it from the strictures of Section 12-A.
Mhg Ip Holdings (Singapore) Pte. Ltd. v.The Registrar Of Trade Marks, Delhi
The Delhi High Court heard an appeal filed by Mhg Ip Holdings challenging the refusal of registration for its mark 'TIVOLI'. The Appellant argued that it had used the mark globally since 1933, establishing significant prior adoption. Recognizing this extensive global usage, the court invoked Section 12 of the Trade Marks Act, allowing for honest concurrent use. Consequently, the High Court set aside the refusal order and remanded the matter back to the Registrar, directing a fresh review considering the Appellant's long-standing reputation.
Kurian John Melamparambil v.Sulbha G. Shenoi; The Trademark Registry
The Madras High Court dismissed the Original Petition filed by Kurian John Melamparambil seeking rectification of Trademark No. 1301085. The dismissal was based on a submission from the first respondent, stating that the trademark had not been renewed since August 6, 2014. Consequently, the petition to remove or rectify the entry became infructuous.
M/S.Thalappakattu Biriyani & Fast Food v.M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel; The Deputy Registrar of Trademarks, Chennai
The Madras High Court addressed a petition filed by M/S.Thalappakattu Biriyani & Fast Food seeking the cancellation and rectification of Trademark No. 1408388, which was registered in favor of another party. However, before the court could rule on the merits of the trademark dispute, the petitioner voluntarily chose to withdraw the Original Petition. Consequently, the High Court dismissed the case as withdrawn without making any order regarding costs.
Mr.Pawan Kumar Santhaliaa Trading as M/s.Sri Shyam Store and M/s.Techno Sportswear Private Limited v.G.Kannan Trading as D.S.K.Garments
This case involved a suit filed by Mr. Pawan Kumar Santhaliaa (trading as M/s.Sri Shyam Store) and M/s.Techno Sportswear Private Limited against G.Kannan (D.S.K.Garments) and Hitlar Fashions. The plaintiffs sought permanent injunctions for trademark infringement, passing off, and copyright violation concerning the 'TECHNO' brand used on garments. Ultimately, a compromise was reached between the plaintiffs and the first defendant, leading to the suit being decreed based on the terms of the Joint Compromise Memo.
ITC Limited v.Britannia Industries Ltd.
ITC Limited filed a suit against Britannia Industries Ltd. alleging imitation of its trade dress for biscuits. The defendant sought to reject the plaint on grounds including lack of urgency, failure to comply with pre-mediation requirements, and jurisdictional challenges. The Madras High Court dismissed the application to reject the plaint, finding that the plaintiff had established jurisdiction and that the case warranted consideration despite procedural objections.
United Foods Public Company Limited v.The Registrar of Trademarks
United Foods Public Company Limited filed a Civil Miscellaneous Appeal challenging the Registrar of Trademarks' refusal to register the mark 'YOYO' in Class 30. The appeal sought to set aside the refusal and allow the trademark application to proceed. However, before the court could rule on the merits of the case, the appellant voluntarily moved for withdrawal. Consequently, the Madras High Court dismissed the appeal as withdrawn.
Amgen Inc v.The Registrar of Trademarks
Amgen Inc filed a Civil Miscellaneous Appeal challenging the Registrar of Trademarks' refusal to register the mark 'SILIQ' in Class 5. The appeal sought to set aside the previous order and allow the trademark registration to proceed. However, before the court could rule on the merits of the case, Amgen Inc submitted a memo requesting the withdrawal of the appeal. Consequently, the Madras High Court dismissed the appeal as withdrawn.
Walgreen Co. v.The Registrar of Trademarks
Walgreen Co. filed a Civil Miscellaneous Appeal challenging the Registrar of Trademarks' refusal to register the mark 'Finest Nutrition' in Class 5. However, before the court could rule on the merits of the appeal, the appellant voluntarily submitted a memo requesting its withdrawal. Consequently, the Madras High Court dismissed the case as withdrawn without passing any order regarding costs.
M/s.United Spirits Limited v.Wipro Limited
The Madras High Court dismissed the Original Petition filed by M/s.United Spirits Limited against Wipro Limited. The petition sought to rectify the trademark register by cancelling the registration of 'ARAMUSK-BOLD' held by Wipro. However, the petitioner subsequently withdrew the case following a compromise reached in a connected suit, leading to the dismissal of this rectification petition without any order as to costs.
Multiplex Farming Rep By Mr. v.The Registrar Of Trade Marks
The Madras High Court addressed a Civil Miscellaneous Appeal filed by Multiplex Farming challenging an earlier rejection order regarding its trademark application for 'MULTIPLEX FARMING' in Class 44. However, the appellant chose to withdraw the appeal before the court could rule on the merits of the case. Consequently, the High Court dismissed the petition as withdrawn without making any substantive orders.
Aasife Biriyani Pvt Ltd v.Greens Lands Restaurant
Aasife Biriyani Pvt Ltd filed a lawsuit against Greens Lands Restaurant, alleging infringement of its registered trademark (No. 3768877) and associated copyrights in relation to providing food services. The plaintiff sought permanent injunctions and damages for passing off and unauthorized use of the brand. However, during the proceedings, the parties reached an out-of-court settlement.
Opibra - Operacoes Internacionais Do Brasil LTDA v.Rp Telebuy Skyshop Pvt. Ltd.
The Madras High Court dismissed the petition filed by Opibra seeking the removal of Trademark No. 2231835 from the Register. The court noted that the relevant registration had already expired on November 11, 2021. Since the trademark was no longer valid, the legal action became infructuous.
new era cap co inc v.ms galaxy caps
New Era Cap Co. Inc. sued M/S Galaxy Caps for trademark infringement, alleging that Galaxy Caps manufactured and sold counterfeit caps bearing New Era's 'NEW ERA' mark and associated logos without authorization. The Plaintiff claimed significant global sales and brand recognition, including endorsements from Virat Kohli. Local Commissioners seized over 200 infringing products from Galaxy Cap’s premises.
Rajam Industries Private Limited v.Lakshmi Industries
In this trademark rectification case, Rajam Industries sought the Madras High Court to cancel a registration held by Lakshmi Industries. The petitioner argued that the request for cancellation should follow prescribed legal procedures rather than informal communication with the Trademark Registry. After noting that the respondent had initiated steps toward cancellation and agreed to undertake the necessary formal actions, the court closed the original petition.
M/s.S.Ponnusamy Gounder & Co. v.Sri Balaji and Co., Deputy Registrar of Trademarks
The Madras High Court dismissed the Original Petition filed by M/s.S.Ponnusamy Gounder & Co. against Sri Balaji and Co. and the Deputy Registrar of Trademarks. The petition, which sought to cancel a registered trademark (No. 1232741 in Class 30), was withdrawn by the petitioner's counsel due to a compromise reached in an earlier case (C.S.No.797 of 2009). This outcome highlights how pre-existing settlements can impact ongoing IP litigation.
Nurnbergmesse Gmbh v.The Registrar of Trademarks
Nurnbergmesse Gmbh filed a Civil Miscellaneous Appeal challenging the Registrar of Trademarks' refusal to register the mark 'India wooed' in Class 35. The appeal sought to set aside the impugned order and allow the trademark application to proceed. However, before the court could rule on the merits, the appellant instructed counsel to withdraw the appeal. Consequently, the Madras High Court dismissed the case as withdrawn.
M/S Prestige Estate Projects Ltd. v.Svn Prestige Garden
The Karnataka High Court allowed an appeal filed by M/S Prestige Estate Projects Ltd. against a lower court's decision to return its trademark infringement suit. The appellant argued that the requirement for pre-institution mediation under Section 12A of the Commercial Courts Act did not apply because they had simultaneously sought urgent ad-interim injunction relief. The High Court agreed, holding that suits seeking urgent interim relief are exempt from this mandate, thereby setting aside the lower court's order and allowing the main suit to proceed.
Rajah Company v.The Registrar of Trademarks
Rajah Company filed a Transfer Civil Miscellaneous Appeal challenging an order issued by the Registrar of Trademarks regarding the registration of the mark RAJAH MALGO. However, before the High Court could rule on the merits of the appeal, the appellant chose to withdraw the case. Consequently, the Madras High Court dismissed the appeal as withdrawn without making any substantive order.
Umaid Mohonot v.Union Of India
Umaid Mohonot appealed against an order dismissing their writ petitions, which challenged a show cause notice issued by the Registrar of Trade Marks. The appellants argued that the notice was invalid because related disputes concerning the 'Arrow' trademark were pending before the Delhi High Court and the Intellectual Property Appellate Board. The court ultimately held that the administrative action taken by the Registrar was distinct from the private inter se dispute, thus upholding the validity of the show cause notice.
M/s. Medopharm / Medopharm Private Limited v.Leeford Healthcare Limited
The Madras High Court addressed a trademark infringement suit filed by Medopharm against Leeford Healthcare Limited regarding the use of 'EMICOF' versus the registered mark 'EMCOF'. The plaintiffs sought permanent injunctions and damages for alleged passing off and dilution. Ultimately, both parties reached an amicable resolution, which was formalized in a Memorandum of Compromise dated June 21, 2023. The court subsequently decreed the civil suit based on the terms of this compromise.
K.P.D.Rajendran v.Mr.G.Sundarapandian
The Madras High Court dismissed the Original Petitions filed by K.P.D.Rajendran seeking the removal of trademarks 'SOLO' and 'BOVONTO.' The court noted that the impugned trademark registrations (Nos. 929435, 929437, and 929438) had not been renewed by the mark owner. Consequently, the petitions were deemed infructuous.
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.