India Trademark Cases
3,740 decisions indexed
Page 57 of 125 · 3,740 total
Jagran Prakashan Ltd v.Jagran Production Ltd & Anr
The Delhi High Court addressed multiple connected suits involving Jagran Prakashan Ltd against various related entities concerning the use of the 'JAGRAN' trademark. The court noted significant changes, including a company name change and another entity being under liquidation. Given the lack of compliance with previous orders regarding business operations, the court granted an extended deadline for defendants to file affidavits detailing their current business activities. Furthermore, the parties were directed to explore mediation as a potential resolution pathway.
Zydus Healthcare Ltd v.Shahid Ahmad Mir
In a significant resolution for the pharmaceutical sector, Zydus Healthcare Ltd successfully concluded its dispute with Shahid Ahmad Mir through a comprehensive settlement decree. The parties agreed that Defendant would cease all use of marks or packaging deceptively similar to 'PROTIMED.' Crucially, the defendant formally transferred all rights and goodwill associated with the registered trademark 'PROTIMED' (No. 2159273) to Zydus for a consideration of Rs. 5,00,000, effectively resolving the infringement claim.
M/s Izuk Impex v.Kidar Kutubuddin Momin & Anr.
M/s Izuk Impex filed a suit for passing off and trademark infringement against Kidar Kutubuddin Momin and M/s Star Mehandi Cone regarding the use of similar trademarks. The plaintiff, owner of 'MOON & STAR' and related copyrights, successfully argued that the defendants were gaining unfair advantage by using deceptively similar marks in the mehandi business.
Vaibhav Chaurasia v.Union Of India
The Delhi High Court disposed of a writ petition filed by Vaibhav Chaurasia seeking directions against the Union of India regarding the status of Trade Mark No. 2650542. The petitioner had applied for the substitution of his name as the proprietor following an assignment from M/s Delicious Food Products Pvt Ltd. Recognizing the limited nature of the grievance, the Court directed the Registrar of Trademarks to process and decide the application within a period of six weeks.
A Dot Limited v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by A Dot Limited against the Registrar of Trade Marks' refusal to register the trademark 'WHAT DO YOU SEE?'. The court held that a combination of dictionary words forming a tagline can function as a source identifier, provided it does not describe the features or quality of the goods/services. Recognizing the mark's use as an expressive prompt rather than a descriptive feature, the High Court set aside the refusal and directed the Registry to process the application, while ensuring the rights are limited strictly to the phrase 'WHAT DO YOU SEE?'
Beiersdorf Ag v.Rsh Global Private Limited & Anr.
This order addressed an application by Beiersdorf Ag alleging that Rsh Global Private Limited was disobeying previous court injunctions regarding the use of deceptively similar cosmetic packaging. The plaintiff pointed out that the defendant's product remained available on various e-commerce websites despite the existing restraint orders. The defendants countered, stating they were actively contacting these third-party sites to have the products removed. Given the complexity of enforcement across multiple online platforms, the court granted a short adjournment to allow further submissions on this critical issue.
Red Bull Ag v.Vandana Chetankumar Maraviya Trading As Vandana Beverages & Ors.
In a trademark infringement suit, Red Bull Ag sought an interim injunction against Vandana Beverages for allegedly using similar marks and trade dresses. The Delhi High Court granted a temporary restraint order, compelling Defendants No. 1 and 3 to immediately cease the use of the disputed marks and remove online advertisements. Crucially, the court allowed them to continue selling existing stock already manufactured and distributed, balancing protection of IP rights with commercial realities.
Akzo Nobel Coatings International B.V. v.Ambience Limited And Anr
The Delhi High Court addressed a trademark dispute concerning the identical mark 'AMBIANCE'. After considering arguments regarding co-existence under Section 12 of the Trade Marks Act, 1999, the court ruled in favor of Akzo Nobel Coatings International B.V. The judgment directs the Registry not to consider Ambience Limited's existing application for 'AMBIANCE' in Class 02 when evaluating the petitioner's applications, thereby allowing both parties to use the mark concurrently on the register.
Leeford Healthcare Limited v.Vobb Healthcare & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Leeford Healthcare Limited against Vobb Healthcare & Ors. The court found a prima facie case of trademark infringement and passing off, specifically concerning the medicinal cream brand 'DERMIFORD.' Given that the goods are pharmaceutical and the defendants had recently entered the market, the court held that Leeford would suffer grave injury without immediate protection. This order temporarily halts the defendants from using deceptively similar marks like 'NEO DERMIFORD' until further orders.
L'Oreal S.A. v.Tarun Sankhla trading as M/s LEORA COSMETICS
L'Oreal S.A. filed a suit seeking permanent injunction against Tarun Sankhla (trading as M/s LEORA COSMETICS) for infringing its trademarks, passing off, and diluting its brand reputation in the cosmetics market. The court found that the defendant was using deceptively similar marks and tradenames, leading to the decreeing of the plaintiff's suit.
Puma Se v.Naveen Sikka And Anr
The Delhi High Court allowed Puma Se's petition to cancel a specific trademark registered by Naveen Sikka and Anr. The judgment followed a settlement agreement reached between the parties, which was found to be lawful. Consequently, the court ordered the removal of the impugned mark from the Register of Trade Marks in Class 9.
M/S.Mahavir Pvc Cables Factory v.M/S.Indo Mahaveer Kable
The Orissa High Court granted a temporary injunction in favor of M/S. Mahavir PVC Cables Factory against M/S. Indo Mahaveer Kable. The court found that the Respondent's use of 'INDO MAHAVEER KABLE' was phonetically and visually deceptive to the Plaintiff’s reputed trade mark, 'MAHAVIR'. Crucially, the court also considered the public interest, noting that the Defendant was using sub-standard materials in their products, thereby protecting consumers from potential harm. This ruling reinforces the importance of preventing market confusion and ensuring consumer safety when dealing with trademark disputes.
M/s.Fair Beat Herbals Cosmetics Private Ltd. v.The Registrar of Trademarks
The Madras High Court addressed writ petitions challenging trademark registration proceedings involving 'Fair Beat'. The court noted that objections had been raised against the application, and an inquiry was pending before the Trademark Registry. Consequently, the High Court directed the Registrar of Trademarks to conduct a thorough enquiry, ensuring all parties are given an opportunity to participate, and to pass final orders on the merits as quickly as possible.
M/S Bharath Chemical Industries v.The Registrar Of Trademarks
The Karnataka High Court addressed a writ petition filed by M/S Bharath Chemical Industries seeking the rectification of a trademark register. The petitioner had sought to expunge the name of another party from the registration of the mark 'BCI-BHARATHA CHEMICAL INDUSTRIES' (TM No. 2835990). However, during the preliminary hearing, the petitioner voluntarily submitted that the petition was withdrawn. Consequently, the court dismissed the case as withdrawn, while reserving all rights for the petitioner to pursue other legal remedies.
M/s Rockmed Pharma Pvt. Ltd. v.M/s Nukind Healthcare & Anr.
The suit was filed under Section 27 of the Trade Mark Act against M/s Nukind Healthcare and others, alleging that they were passing off pharmaceutical products under the identical trademark 'KETOGOLD'. The plaintiff established extensive use, goodwill, and reputation of the mark. The court decreed the suit in favor of the plaintiff.
Ht Media Limited v.Entertainment Network (India) Ltd
The Delhi High Court disposed of an appeal concerning a trademark infringement suit between Ht Media Limited and Entertainment Network (India) Ltd. The original dispute centered on the use of trademarks identical or deceptively similar to 'PEHLA NASHA.' Crucially, both parties successfully reached a settlement through the court's mediation center. Consequently, the High Court decreed the underlying suit based on the terms of the executed Settlement Agreement, effectively concluding the litigation.
Rspl Health Private Limited v.Reckitt And Colman Overseas Hygiene Home Ltd.
This Delhi High Court order addresses an infringement suit filed by Rspl Health Private Limited against Reckitt And Colman Overseas Hygiene Home Ltd. The plaintiff alleged that the defendant's use of 'XPERT' in its registered word mark, 'HARPIC DRAIN XPERT,' infringed upon the plaintiff's device mark registration. While the court acknowledged the merits of the dispute, it primarily issued procedural directions, allowing the suit to proceed and setting timelines for filing written statements and interim replies.
M/S Deen Dayal Anand Kumar Saraf v.Paras Agarwal T/A M/S Purushottam Agarwal and Co & Anr.
The Delhi High Court granted an ad-interim injunction in favor of the Plaintiff, M/S Deen Dayal Anand Kumar Saraf, against the Defendants. The suit alleged infringement and passing off concerning registered trademarks and copyright related to jewellery products. Given the strong goodwill associated with the Plaintiff's 'MD' marks and the likelihood of consumer confusion arising from the Defendants' use of similar marks like 'MD PAYAL', the court found a prima facie case in favor of the Plaintiff. The injunction restrains the Defendants from manufacturing or selling products under the impugned marks until further hearing.
Krbl Limited v.Manoj Sah
Krbl Limited filed a suit seeking permanent injunction and damages against Manoj Sah and others for infringement, disparagement, and dilution of its flagship trademark 'INDIA GATE', used for Basmati Rice. The court found that the defendants' actions amounted to infringement under Section 29(8) and 29(9) of the Trademark Act, 1999.
Jagdish Prasad v.Jay Prakash Rai And Anr
The Delhi High Court allowed a petition seeking the cancellation of an infringing trademark registration for sanitary fittings. The Petitioner successfully demonstrated prior use and established that the subsequent, registered mark was deceptively similar to their own long-standing mark. Crucially, the court noted that the Respondent's use lacked credibility as it appeared primarily associated with trading services rather than the goods for which the mark was registered, thus failing to accrue genuine goodwill.
Dinesh Kumar Mittal M/S Paras Enterprises v.Pragya Trading Company, Kaserate
In this trademark dispute, the Delhi High Court issued an order directing the removal of the impugned mark from the Trademark Register. The court noted that despite the petitioner's claims, the registration had expired on February 21, 2022, and the statutory one-year period for restoration under Section 25(4) of the Trade Marks Act, 1999, had lapsed without any renewal application being filed. While this order addresses the validity status of the mark, it explicitly leaves all merits of the dispute open for future consideration.
Mirza Ahmed Baig Alias Asad v.Mirza Afser Baig & Anr.
The Delhi High Court heard petitions challenging the registration of several marks held by the respondent, focusing on issues of user claim and proprietorship. The petitioner argued that the respondent failed to provide sufficient evidence to support their claims of continuous use and ownership, particularly regarding the mark 'MIDLAND'. The court noted these submissions but reserved judgment, scheduling a further hearing to allow the respondents to respond to the detailed challenges raised by the petitioner.
M/S Malabar Gold Private Limited v.Mr. M. Manuvel And Anr.
The Delhi High Court addressed interim applications in the trademark dispute between Malabar Gold Private Limited and Mr. M. Manuvel. The defendant argued that the existing injunction should be vacated because the plaintiff failed to disclose specific conditions imposed by the Trade Marks Registry regarding their trademarks, particularly concerning the exclusive right over 'M' or 'MALABAR'. The court accepted submissions from both parties and scheduled the matter for further hearing.
Under Armour, Inc v.Shri Jagmeet Singh
Under Armour filed a suit seeking permanent injunction against Shri Jagmeet Singh and others for infringement and passing off related to its trademarks 'UA' and 'UNDER ARMOUR'. The plaintiff argued that these marks are well-known globally and in India, leading to violation by the defendants. The court found in favor of Under Armour, granting a permanent injunction.
Sun Pharma Laboratories Ltd v.Nuberg Pharmaceuticals Pvt. Ltd.
Sun Pharma and Nuberg Pharmaceuticals reached a full settlement in their commercial IP dispute before the Delhi High Court. The court formally decreed the suit based on the agreed-upon terms, which included significant concessions from both parties. Furthermore, the judgment mandated that Respondent No. 2 remove a specific trademark entry (No. 3797651) from the Register of Trademarks within six weeks.
Applicant/Plaintiff (Name not specified) v.M/S.Knoll Health Care Pvt. Ltd.
The Madras High Court addressed an application filed by the plaintiff seeking permission to initiate fresh trademark rectification proceedings against a registered mark held by the respondent. The court noted that multiple rectification actions were already pending before the Registrar and other forums initiated by both parties. Consequently, the court rejected the plaintiff's request for leave, emphasizing that existing legal processes must be allowed to run their course to prevent conflicting judgments.
Rspl Limited v.Grindwell Norton Limited
Rspl Limited successfully settled its trademark infringement suit against Grindwell Norton Limited before the Delhi High Court. The parties reached a compromise where Grindwell Norton agreed not to manufacture or market products under deceptively similar marks (like 'COMPASS GHADI CHAP') in specific classes, while Rspl Limited withdrew its opposition and agreed not to seek damages. This resolution allows both parties to move forward without protracted litigation.
M/S Goodwill Polypast & Anr v.The Supreme Industries Ltd
This Delhi High Court order addresses a revision petition filed by M/S Goodwill Polypast & Anr against The Supreme Industries Ltd. The underlying suit concerns permanent injunctions related to trademark infringement and passing off. While an exemption application was allowed, the main stay application concerning the striking off of the defendant's defence has been listed for further consideration on March 24, 2023.
Fdc India (Franchise Development Consulting India) v.FDC Limited
The Delhi High Court addressed an appeal challenging a Single Judge's order that allowed the amendment of a plaint. The core dispute revolved around whether the plaintiff was correcting a mere factual error—mistakenly stating pending trademarks as registered—or making a substantive change. Citing Supreme Court precedents, the court upheld the legality of allowing the amendment but simultaneously balanced the equities by directing that the specific details provided in the amended plaint regarding the nature and status of the marks must be considered when deciding related applications like perjury pleas or stay vacation.
Bundl Technologies Private Limited v.Pankaj Garg & Anr.
Bundl Technologies Private Limited, the registered proprietor of the well-known trademark 'SWIGGY', initiated proceedings against Pankaj Garg & Anr. alleging dishonest adoption of the mark. The Delhi High Court issued directions to both parties regarding the procedural aspects of the case, including filing replies and rejoinders within specified timelines. The court also set dates for the completion of pleadings before the Joint Registrar and subsequent hearing before the Court.
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