India Trademark Cases
3,667 decisions indexed
Page 59 of 123 · 3,667 total
Shamrock Geoscience Ltd & Anr. v.Timab NL B.V. / Kaba Infratech Pvt Ltd
In a significant settlement, the Delhi High Court accepted assurances from Shamrock Geoscience Ltd. that they would cease using the disputed mark 'GeoCrete,' replacing it with 'Alpave.' The company agreed to withdraw its existing trademark registration (TM No.3392787) and all related pending applications within four weeks. This resolution effectively settled the core trademark dispute between Shamrock Geoscience and Timab NL B.V./Kaba Infratech, allowing both parties to move forward while leaving technical know-how claims open for separate litigation.
Seagull Pharmaceuticals Pvt. Ltd. v.Uni-Pex Pharmaceuticals Pvt. Ltd. & Anr
In this trademark dispute before the Delhi High Court, the Defendants successfully moved an application to expedite the proceedings. The court allowed the request for early hearing on applications concerning interim injunctions and the preliminary issue regarding the invalidity of the Plaintiff's trademark registration. Consequently, the next hearing date was rescheduled.
United Coffee House v.Raghav Kalra
The Delhi High Court allowed the appeal filed by United Coffee House, leading to the cancellation of a nearly identical mark registered by Raghav Kalra. The court found that the respondent's registration was ex-facie dishonest because it failed to disclose his partnership interest in the petitioner's firm during the application process. This decision reinforces the principle that prior use and established goodwill outweigh subsequent registrations made in bad faith.
Global Car Group Ltd. v.Vienna It Solutions Pvt. Ltd.
Global Car Group Ltd. successfully secured an ex parte ad interim injunction against Vienna It Solutions Pvt. Ltd. in the Delhi High Court. The plaintiffs alleged that the defendant registered the domain name 'www.cars24.in' and used a deceptively similar mark, infringing upon their well-known trademark 'Cars24'. Given the prima facie case made out, the court granted immediate relief, restraining the defendant from using the mark and ordering the takedown of the associated dummy website.
Capital Foods Private Limited v.Radiant Indus Chem Pvt. Ltd.
The Delhi High Court heard an appeal challenging a single judge's refusal to grant an interim injunction against the use of the mark 'SCHEZWAN CHUTNEY'. The court found prima facie evidence suggesting that the respondent copied not only the registered trademark but also the stylization, color combination, get-up, and trade dress from the appellant. Despite arguments regarding descriptiveness and genericness, the High Court concluded that the appellant's mark had acquired secondary significance due to substantial sales and promotional investment, leading it to issue notice and stay the lower court's adverse findings.
Calvin Klein Trademark Trust & Anr. v.M/S. R.J Enterprises & Ors.
In a trademark infringement suit brought by Calvin Klein Trademark Trust against M/S. R.J Enterprises, the Delhi High Court facilitated a potential settlement pathway. The court noted that Defendant No. 1 offered an undertaking to cease using the disputed marks if the Plaintiff waived their claim for damages. The Plaintiff agreed to this condition provided the Defendant paid INR 75,000/- towards local commission charges. This order sets the stage for further negotiation and resolution of the dispute.
G4S Limited & Anr. v.Groupon 3 Security Services India Private Limited & Ors.
The Delhi High Court granted an interim injunction in favor of G4S Limited against Groupon 3 Security Services India Private Limited. The court found that the defendants were adopting marks ('G3S', etc.) that were structurally, phonetically, and visually similar to G4S's registered trademarks. Given the identical nature of the security services offered, the court held that a prima facie case was made out for infringement, granting immediate relief to prevent irreparable harm.
Consitex S.A. v.Sharad Rampal Jain And Sudeep Gautamchand Dhing Trading As Siesta Pharmaceuticals & 1 other(s)
The Gujarat High Court disposed of the Rectification Application (C/RA/50/2022) filed by Consitex S.A. The application sought action regarding a trademark, but the petitioner subsequently informed the court that the trademark in question had already been removed by the Registry. Consequently, the court allowed the withdrawal of the application.
Mr. Peter Fanning, Chief Executive, The Chartered Institute Of Taxation v.M/s Institute Of Charted Tax Advisers Of India Limited
The Rajasthan High Court addressed two interconnected writ petitions concerning a trademark dispute over 'Chartered Tax Adviser (CTA)'. The core issue was whether the plaintiff's attempt to invalidate the registered trademark, via an application under Section 124 of the Trade Marks Act, should be decided on its merits. The court set aside previous technical orders that dismissed the application and directed the Commercial Court to frame a specific issue regarding the pending cancellation proceedings (Section 57) before the High Court of Gujarat, ensuring the Section 124 application is now heard afresh on its substantive grounds.
M/S Luxottica Group S.P.A & Anr v.M/S Deals Cracker & Anr
The Delhi High Court confirmed an existing ex-parte injunction granted against the defendants in a trademark infringement suit brought by Luxottica Group S.P.A regarding its 'RAY-BAN' brand. The court proceeded to frame several key issues, including whether the defendant website (Shopclues) has infringed or committed passing off, and specifically addressed the defense of being merely an intermediary under the IT Act. This marks a significant step toward the trial phase of the dispute.
Gopal Krishan S/O. Sh. Mangat Rai v.The Registrar Of Trade Marks (Govt. Of India)
This writ petition was filed by Gopal Krishan seeking a direction from the High Court to expedite the registration of his trademark 'PANTHER' in Class 5. The petitioner highlighted that the application had been pending for an extended period since 2015. The court issued notices to the respondents, setting a timeline of six weeks for the matter to be returned, thereby moving the case forward.
Corona Remedies Private Limited v.Franco-Indian Pharmaceuticals Private Limited
The Bombay High Court quashed an interim injunction that prevented Corona Remedies from using its trademark 'STIMULET' in pharmaceutical products. Franco-Indian Pharmaceuticals had alleged trade mark infringement and passing off based on their registered mark 'STIMULIV'. The court found that despite the similarity, Corona was a registered proprietor of its own mark, and crucially, the two marks were used for distinct product types (allopathic vs. ayurvedic) and different medical conditions, thus failing to establish likelihood of confusion or passing off.
ITC Limited v.Raj Kumar Mittal & Ors.
The Delhi High Court addressed two separate applications in the dispute between ITC Limited and Raj Kumar Mittal & Ors. Regarding a request to use a new label, the court found that the proposed packaging did not appear deceptively similar to ITC's marks, thereby lifting the existing ad-interim injunction for this specific design. Separately, the Court initiated proceedings against Mr. Prem Chand Mittal for alleged assault and deliberate disobedience of previous orders.
M/S.Avon Emery Industries v.Sabko Industries
The Rajasthan High Court dismissed a writ petition filed by M/S. Avon Emery Industries against an earlier ruling that rejected its application under Section 124 of the Trademarks Act, 1999. The court affirmed the trial court's decision after considering arguments from both sides regarding whether the original suit included claims for trademark infringement or only passing off. Given the respondent's clarification that the suit was solely for passing off, the High Court found no grounds to interfere with the lower court's order.
Sporta Technologies Pvt. Ltd. v.Anil Pendela
The Delhi High Court granted an ex parte ad interim injunction in favor of Sporta Technologies against Anil Pendela regarding trademark infringement and passing off. The plaintiffs, owners of the 'Dream11' brand, successfully argued that the defendant's use of 'Dreamz11 Sports' and the tagline 'Khelo Dil Se' was deceptively similar to their registered marks. Consequently, the court restrained the defendant from using these infringing marks and ordered the suspension of the associated domain name and takedown of social media pages.
Zippo Manufacturing Company v.Raja Bhai Traders & Anr
In a significant ruling, the Delhi High Court granted an interim injunction to Zippo Manufacturing Company, restraining Defendant No. 3 from manufacturing or selling counterfeit ZIPPO lighters and related goods bearing deceptively similar trademarks. Crucially, the court clarified that this order does not impede the defendant's sale of genuine products. Separately, the court initiated contempt proceedings against Defendants No. 1 and 2 for alleged violation of previous orders, keeping the litigation active.
Apar Industries Limited v.Sh Rummy Chhabra
The Delhi High Court disposed of an appeal concerning a trademark infringement dispute involving the mark "VELLO." Although initially facing an ex-parte injunction against using the mark, Apar Industries Limited voluntarily acknowledged that 'VELO' belonged exclusively to Sh Rummy Chhabra. The court accepted detailed undertakings from Apar, which included ceasing all use of the mark, withdrawing its pending trademark application, and selling off existing stock within a year. Consequently, the underlying suit was decreed based on these mutual commitments.
Sabyasachi Couture v.Technicolour Dream Pants Private Limited
In a significant resolution for the fashion industry, the Delhi High Court decreed a suit involving Sabyasachi Couture against Technicolour Dream Pants Private Limited. The parties reached an amicable settlement during the pendency of the litigation. Under the terms, the defendant acknowledged the plaintiff's trademark rights and undertook not to use or deal in garments bearing the 'SABYASACHI' mark or designs without authorization. This judgment provides a clear example of how IP disputes can be resolved through negotiated settlements.
Amrit Corp. Limited v.The Registrar Of Trade Marks
The Delhi High Court allowed Amrit Corp. Limited's appeal against the Registrar of Trade Marks' refusal to register the composite label mark 'JUST MILK'. The court found that the combination of the arbitrary word 'JUST' with 'MILK' was suggestive and capable of distinguishing goods, overcoming the objection based on lack of distinctiveness. Consequently, the High Court directed the Registry to proceed with the registration process for 'JUST MILK', while clarifying that this registration would not grant exclusive rights in the generic term 'MILK'.
M/S Eureka Forbes Limited v.Vaibhav Agro Industries
The Delhi High Court ruled in favor of Eureka Forbes Limited, granting a permanent and mandatory injunction against Vaibhav Agro Industries for trademark infringement. The court found that the Defendant's use of 'AquaSure' on packaged drinking water was deceptively similar to the Plaintiff's registered trademarks. While the claim for copyright infringement failed due to lack of similarity in artistic works, the core trademark infringement suit was successfully decreed.
Corza International And Ors v.Future Bath Products Pvt Ltd And Anr
The Delhi High Court upheld an interim injunction favoring the plaintiff in a trademark dispute concerning the marks 'CORZA' and 'CORSA'. Despite arguments from the appellants regarding geographical limitations and product differences, the court found prima facie phonetic, structural, and visual similarity between the two marks. The judgment reinforces that registered proprietors can sue other registered proprietors for deceptive similarity, even if they are both registered owners.
Shiv Nadar Foundation v.The Registrar Of Trade Marks
The Delhi High Court allowed Shiv Nadar Foundation's appeal against the Registrar of Trade Marks' refusal to register its device mark. The court held that because the mark is composite—combining a graphic representation with the institution's name and the word 'SHIKSHA'—it cannot be deemed descriptive in isolation. Consequently, the refusal order was set aside, allowing the application to proceed for advertisement, provided the Appellant agrees not to claim exclusive rights over the common term 'SHIKSHA'.
Indiyaa Distribution Network LLP v.TVC Life Sciences Ltd & Anr
The Delhi High Court ruled in favor of Indiyaa Distribution Network LLP, granting a permanent injunction against TVC Life Sciences Ltd and others. The dispute centered on trademark infringement concerning Ayurvedic joint pain relief oils. The court found that the defendants' mark, 'SANDHEE SUDDHAM,' was deceptively similar to the plaintiff's established mark, 'SANDHI SUDHA.' This decision reinforces the importance of prior use and goodwill in protecting brand identity within the pharmaceutical sector.
Organo Gold Holdings, Limited v.Origano Gold Private Limited
The Delhi High Court disposed of the trademark infringement suit filed by Organo Gold Holdings against Origano Gold Private Limited. The parties reached a settlement agreement, which the court subsequently decreed. Under the terms, the defendants acknowledged the plaintiff's rights in the 'ORIGANO GOLD' mark and committed to immediately cease using similar marks or logos. Furthermore, Defendant No. 2 agreed to withdraw specific registered trademarks and pending trademark applications.
Levi Strauss & Co. v.Hemant Khanna Trading as M/s V2 Fashion Store
Levi Strauss & Co. filed a suit alleging that the defendants were manufacturing and marketing goods using trademarks identical or deceptively similar to its registered marks, LEVI'S, including the Two Horse Logo. The court found infringement of the registered trademarks and passing off by the defendants.
Virendra Kumar Gupta Trading As M/S Burger King v.Union Of India Through The Secretary & Ors.
This Delhi High Court order addresses a Writ Petition filed by Burger King, challenging the registration of a trademark. The petitioner argued that the Registry ignored their prior Notices of Opposition when granting registration to Respondent No. 4. However, the court noted that since the registration occurred before a key precedent was set, counsel for the respondent suggested that rectification might be the appropriate remedy instead of continuing with the current writ petition. The matter has been listed for further arguments.
M/S Liberty Footwear Company v.M/S Liberty International
This case involved a suit filed by M/S Liberty Footwear Company against M/S Liberty International, alleging unauthorized use and infringement of the registered trademark 'LIBERTY' in the footwear sector. The core dispute centered on whether the claims of trademark infringement could be subjected to arbitration as stipulated in an underlying Partnership Deed. The court ultimately allowed the defendant's application under Section 8 of the Arbitration Act, referring the parties to arbitration.
Siddharth Suri v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Siddharth Suri against the Registrar of Trade Marks' refusal to register the mark 'ANDAMEN'. The initial refusal was based on similarity to an earlier trade mark under Section 11(1)(b). However, the court found that since 'ANDAMEN' is a name of a sea and does not have a reputation associated with Class-18 goods (leather goods), the absolute ground for refusal under Section 9(1)(a) was not attracted. Consequently, the Impugned Order was set aside, directing the Trademark Registry to process the registration application.
AB MAURI INDIA PRIVATE LIMITED v.VICKY AGGARWAL & ORS.
The Delhi High Court addressed a dispute regarding the scope of an undertaking provided by defendants concerning the use of the trademark 'TOWER'. The court ruled that the undertaking could not be extended to specific goods (Monosodium Glutamate, Citric Acid, Tartaric Acid, Camphor, Hexamine tablets in Class 1, and green raisins in Class 29) because the plaintiff had explicitly acknowledged the defendants' right to use the mark for those categories in their plaint. Consequently, the court modified the undertaking, limiting its restriction only to other goods.
Anita Agarwal v.Vankon Modular Pvt. Ltd.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Anita Agarwal, who owns the registered trademark 'VENSOR'. The court found prima facie that the defendant, Vankon Modular Pvt. Ltd., was circulating notices that were defamatory and disparaging towards the plaintiff's mark and goods. This preliminary order aims to protect the plaintiff's goodwill while the main suit proceeds, addressing both alleged trade mark infringement and passing off.
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