India Trademark Cases
3,667 decisions indexed
Page 52 of 123 · 3,667 total
Sun Pharma Laboratories Limited v.Avighna Medicare Private Limited & Ors.
This Delhi High Court judgment confirms a comprehensive settlement between Sun Pharma Laboratories Limited (Plaintiff) and Avighna Medicare Private Limited & Ors. (Defendants). The parties resolved their trademark infringement dispute regarding the brands 'DOSELA' and 'ATENTRUE' versus 'DUZELA' and 'ATTENTROL'. Under the agreement, Defendant No. 1 agreed to cease all use of the infringing marks, destroy existing stock within specified timelines, and waive its own pending trademark applications for those names. The suit was subsequently disposed of based on these mutual undertakings.
Adidas AG v.Muthu and The Registrar of Trademarks
Adidas AG filed a petition seeking the rectification and cancellation of the trademark registration 'ADIMAS' held by Muthu. However, before the court could rule on the merits of the dispute, both parties reached an out-of-court settlement agreement dated May 30, 2016. Consequently, Adidas sought leave to withdraw its petition, and the Madras High Court dismissed the case as withdrawn without making any order regarding costs.
Comite International Olympique v.S.Kasthuri
The Madras High Court dismissed an Original Petition filed by Comite International Olympique seeking rectification and cancellation of Trademark No. 1108146 in Class 12. The dismissal was based on the fact that the trademark had already expired, having been valid only up to May 30, 2023. The court granted the petitioner leave to re-apply should the mark be restored, allowing them to pursue their claim later.
Kilitch Drugs (India) Limited v.Zee Laboratories Limited
The Plaintiff, Kilitch Drugs, sought an interim injunction and relief for passing off against the Defendant, Zee Laboratories. The dispute centered on the alleged infringement of the Plaintiff's registered trademarks (KILITCH and KILITCH SRO) in pharmaceutical preparations by the use of the impugned mark KILITH/KILITH SRO.
Varun Chopra & Jagdaman Kumar Chopra v.Shyam Sunder Chopra And Sons, Sampan Chopra, Vaibhav Chopra, Samvitee Foods Pvt Ltd
The Karnataka High Court ruled in favor of the plaintiffs, overturning a lower court's decision to reject their trademark infringement suit. The core issue was whether Section 20 of the CPC (territorial jurisdiction) was applicable despite provisions of the Trade Marks Act. The Court held that the special provisions of the Trademark Act do not oust the general principles of territorial jurisdiction under the Code of Civil Procedure, especially when the cause of action arises within the court's jurisdiction. Consequently, the matter was remanded back to the Trial Court for a fresh consideration of the plaint rejection application.
Raghu Ram Guda v.Kithuru Mohideen
The Madras High Court dismissed a rectification petition filed by Raghu Ram Guda against Kithuru Mohideen and the Registrar of Trademarks. The petitioner sought to cancel Trademark No. 3952456 in Class 2. However, the court noted that the petitioner had subsequently been brought on record as the proprietor of the trademark, rendering the original petition unnecessary and moot.
M/S.J.S.F.Holdings Pvt. Ltd. v.Ms.Revathi Mohandass
The Madras High Court dismissed an Original Petition (Trademarks) filed by M/S.J.S.F.Holdings Pvt. Ltd. The petition sought the removal and rectification of Trademark No. 3712623 in Class 30. However, the petitioner subsequently informed the court that a compromise had been reached in an earlier infringement action, leading to the withdrawal of the current petition. This outcome highlights how prior litigation settlements can directly impact ongoing IP remedies.
Three Plaintiffs v.Revision Petitioner (Defendant in original suit)
A suit was filed by three plaintiffs seeking permanent injunction against the defendant for using the trademark 'IONS'. The defendant challenged the plaint, which was dismissed. The present Civil Revision Petition challenged this dismissal, arguing that Article 227 grants unfettered power of superintendence. The Court held that Article 227 cannot be used to circumvent Section 8 of the Commercial Courts Act, and thus dismissed the revision petition.
Rasila Jain v.Sh.J.Pradeep
The Madras High Court dismissed the Original Petition filed by Rasila Jain seeking to remove or rectify the trademark entry 'TULASI LABEL' (No. 1783252). The court noted that documentation presented indicated the trademark was valid only until February 10, 2019. Consequently, since the mark had expired, no further adjudication was required, and the petition was dismissed as infructuous.
Cadbury India Limited v.Gomathi Suresh
The Madras High Court dismissed a petition filed by Cadbury India Limited seeking to expunge Trademark No. 1050347 from the register. The court noted that the primary respondent, Gomathi Suresh, submitted that the trademark in question had already expired on October 8, 2021. Consequently, since the mark was no longer active, the petition became infructuous and was dismissed without further adjudication.
M/S.Resq Technologies Private Limited v.Rajdeep Energies Private Limited
The Madras High Court dismissed the Original Petition filed by M/S.Resq Technologies Private Limited against Rajdeep Energies Private Limited and the Registrar of Trademarks. The petition, which sought the removal or rectification of the trade mark 'RESQ' (Device Mark) registered under Trade Mark Registration No. 1779942 in Class 09, was withdrawn by the petitioner. This dismissal followed a settlement reached between the parties involved.
Chivas Holdings (Ip) Limited v.Mcdowell And Company Limited
The Madras High Court allowed Chivas Holdings' petition seeking the removal and rectification of a conflicting trademark registration, 'Tribute,' in Class 33. The court noted that Respondent No. 2 (United Spirits Limited) had filed an application for cancellation of this specific mark. Consequently, the court directed the Registrar of Trade Marks to rectify the register by removing Trademark Registration No. 636945 from the records.
T.G.Arumugam v.T.G.Harigopal
The Madras High Court addressed a petition seeking rectification of the trademark 'UMBRELLA BAND' registration. The court noted that the dispute had been resolved through a joint memorandum of compromise, which was subsequently decreed by a lower court. Consequently, the High Court directed the Trademark Registry to allow applications filed under Form TM-P and Form TM-M, thereby officially recording the petitioner as a joint proprietor alongside the respondent. Furthermore, the registry was mandated to implement the agreed geographical division of territory.
Solera Holdings, Inc. v.Solera Networks Inc.
The Madras High Court dismissed a petition filed by Solera Holdings, Inc. seeking the cancellation of Trademark No. 1795016 registered in the name of Solera Networks Inc. The court noted that the trademark registration had already expired on March 13, 2019. Consequently, since the mark was no longer valid, the petition became infructuous and was dismissed without any order regarding costs.
UltraTech Cement Ltd. v.Ultratech Paints and Allied Products
The plaintiffs filed an Interim Application seeking a temporary injunction against the defendants. The court allowed the application, granting an interim order restraining the defendants from using the impugned name 'ULTRATECH' and associated domain names to infringe upon or pass off goods related to the well-known trade mark 'UltraTech'.
World Of God Fellowship Inc./d/b/a/Daystar Television Network v.Daystar Television Network India Pvt. Ltd.; Registrar of Trademarks, Trademarks Registry, Chennai
The Madras High Court dismissed a petition seeking the removal and rectification of the trademark 'DAYSTAR TELEVISION NETWORK' from the register. The petitioners argued that the first respondent company had been struck off the Register of Companies and that the impugned trademark ceased to be valid after June 25, 2017. Given these developments, the court found the petition to be infructuous.
Ashique Exports (P) Ltd. v.Suresh K.K.
Ashique Exports (P) Ltd. filed an appeal challenging a lower court's judgment regarding trademark infringement and passing off related to its 'Super Wash – 555' washing soap. The Plaintiff alleged that the Defendants were using identical wrappers to deceive the public. However, the Madras High Court dismissed the appeal, primarily finding that the Plaintiff failed to prove prior use due to the inadmissibility of photocopied documents. Furthermore, the court held that the suit lacked territorial jurisdiction as the defendants' business was not within the court's limits.
ashok kumar sethi v.amazon technologies inc
Ashok Kumar Sethi and another sued Amazon Technologies Inc. for copyright infringement and passing off related to Henna Hair Colour products sold via Amazon's internet platform, alleging the use of identical labels 'Black Gold and Amin's'. The plaintiffs claimed significant advertising costs and a long-standing business presence under the trademark since 1993.
M.Raja Mohamed v.The Registrar of Trademarks
The Madras High Court addressed a long-pending writ petition filed by M.Raja Mohamed seeking the restoration of his trademark, 'RAJA SUPARI.' The court did not delve into the merits of the case but issued a Mandamus directing the Registrar of Trademarks to consider the petitioner's representation dated 14.03.2017 and pass appropriate orders within twelve weeks. This order effectively moves the matter forward for substantive consideration by the Trademark Registry.
Groupe Seb India Private Limited v.Sumit Bafna Trading As: B & J Marketing
Groupe Seb India Private Limited filed a petition seeking the removal or rectification of the trademark 'MAHARAJA WHITELINE' from the register, citing issues related to its validity. However, the Madras High Court ultimately dismissed the petition because the impugned trademark registration number 921351 had already expired on April 28, 2020. This ruling highlights the critical importance of monitoring the expiry dates of intellectual property rights.
M/s.Vicky Industries v.Sh.J.Pradeed; The Registrar of Trade Marks
The Madras High Court dismissed a petition filed by M/s. Vicky Industries seeking the removal or rectification of the trademark 'TULASI LABEL' (No. 1783253). The court noted that the term of the impugned trademark had expired on February 10, 2019. Consequently, the petition was deemed infructuous, though the petitioner was granted leave to re-apply should the mark be restored.
Hyundai Motor India Limited v.Varna Homes Pvt. Ltd.
In a case concerning trademark disputes, Hyundai Motor India Limited sought the removal and rectification of Varna Homes Pvt. Ltd.'s trademarks from the register. The Madras High Court noted that the parties had reached a comprehensive settlement agreement. Consequently, the court dismissed the petition as withdrawn, directing the Registrar of Trade Marks to implement specific amendments to the service descriptions in both trademarks within four weeks.
Vedant Fashions Private Limited v.Rajul Devi Trading As Manyavar
The Madras High Court addressed petitions filed by Vedant Fashions Private Limited seeking the rectification of registered trademarks held by Rajul Devi Trading As Manyavar. The court noted that the dispute between the parties had been resolved through an out-of-court settlement agreement dated April 1, 2019. Consequently, both petitions were closed without any formal order regarding costs.
I Am The Ocean, LLC v.Registrar of Trade Marks
In this Bombay High Court ruling, the petitioner successfully challenged an Examiner's refusal to register their trademark. The court found that the original rejection was not a 'reasoned order' because it failed to consider detailed arguments regarding the mark's distinctiveness and its unique visual structure. Consequently, the high court set aside the refusal and remanded the matter back to the Registrar for reconsideration, ensuring all petitioner submissions are properly addressed.
Henkel Ag And Co. Kgaa v.The Registrar of Trademarks
The Bombay High Court ruled in favor of Henkel Ag And Co. Kgaa, setting aside an earlier refusal by the Registrar of Trademarks to register a subject mark. The court found that the Senior Examiner failed to properly consider crucial material on record, including evidence of opposition and abandonment status of cited marks, as well as a NoC obtained by the petitioner. Consequently, the matter was remanded back for the Respondent to conduct a fresh hearing based on all submitted facts.
Beiersdorf Ag v.Registrar Of Trade Marks
Beiersdorf Ag successfully challenged an administrative order issued by the Registrar of Trade Marks regarding its international registration. The Bombay High Court found that the original order was arbitrary, lacking independent reasons or consideration of the petitioner's submissions. Consequently, the court quashed the impugned order and remanded the matter back to the Registrar, mandating a reasoned decision within eight weeks.
Radhakrishna Adiga v.M/s.Vasudeva Adigas Fast Foods Pvt Ltd
The Madras High Court dismissed a series of petitions filed by Radhakrishna Adiga against M/s. Vasudeva Adigas Fast Foods Pvt Ltd and the Registrar of Trademarks. The original petitions sought the removal or rectification of several trademarks registered under the name 'Vasudeva Adigas Fast Food Pvt Ltd.' However, the court noted that the petitioner had been instructed to withdraw all cases due to a settlement reached between the contesting parties.
Mankind Pharma Limited v.Shrinivas (Gujarat) Laboratories Pvt. Ltd.
Mankind Pharma Limited filed a suit against Shrinivas (Gujarat) Laboratories Pvt. Ltd., alleging that the latter was manufacturing and selling medicinal preparations under the deceptively similar trademark ZONFLOX, infringing on Mankind's registered trademark ZENFLOX. The court found the marks to be visually, phonetically, and structurally similar, leading to confusion among consumers.
Mrs.Veena Kumaravel v.Union Of India
Mrs. Veena Kumaravel challenged the abandonment of her trademark application, 'Natural's @,' before the Madras High Court. The petitioner sought to quash the public notice that treated her mark as abandoned under Section 21(2) of the Trade Marks Act. However, the case was ultimately dismissed because the Central Government subsequently withdrew the order of mass abandonment that formed the basis of the challenge.
Shaik Nazeemuddin v.Mohammed Aslam; Registrar of Trademarks
Shaik Nazeemuddin filed two petitions before the Madras High Court seeking the removal and cancellation of trademarks 'BRIGHT ROCK' and 'BRIGHT' registered by Mohammed Aslam. The petitioner sought to maintain the purity of the trademark register. However, shortly after filing, the petitioner instructed his counsel to withdraw both cases. Consequently, the court dismissed (T)OP(TM)Nos. 288 & 289 of 2023 as withdrawn without making any order regarding costs.
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