India Trademark Cases
3,667 decisions indexed
Page 64 of 123 · 3,667 total
Unilever Plc v.Ashok Kumar
The court heard an interim application filed by Unilever Plc against Ashok Kumar. The plaintiffs sought permission to amend their pleadings to identify and join another party involved in manufacturing, stocking, distributing, and selling counterfeit cosmetic preparations. The court allowed the amendment and continued the existing exparte ad-interim order.
Unilever Plc. v.Ashok Kumar
The court heard an interim application filed by Unilever Plc. seeking amendments to its suit plaint and related petitions. The Plaintiffs sought to incorporate additional impugned marks and parties into the case title based on new information received from a Court Receiver's Report. The court allowed the amendments and continued the existing exparte ad-interim order.
Ved Prakash Soni v.Vidya Prakashan Mandir Pvt. Ltd & Anr.
The Delhi High Court addressed several applications in the trademark dispute between Ved Prakash Soni and Vidya Prakashan Mandir Pvt. Ltd. The court allowed an exemption application while simultaneously issuing notice to the respondents regarding the main suit. Both parties were directed to exchange necessary documentation, with a timeline set for filing replies and rejoinders, indicating that the substantive litigation is proceeding.
Nirma Limited v.Purnima Gupta And Anr
The Delhi High Court allowed Nirma Limited's rectification petition, successfully removing the deceptively similar trademark 'NIMA' registered in favor of Purnima Gupta. The court held that because Nirma's primary mark ('NIRMA') is a well-known trade mark and the marks are confusingly similar, allowing the registration would cause consumer deception and dilute Nirma's established goodwill. This judgment reinforces the protective scope afforded to well-known trademarks against subsequent registrations.
M/S Geographical Indications Tagged World Premium Products Private Limited v.Trademarks Registry
The Karnataka High Court allowed the writ petition filed by M/S Geographical Indications Tagged World Premium Products Private Limited against the Trademarks Registry. The court found that the registry's impugned order, which sought to cancel the registered trademark 'GITAGGED', lacked proper adjudication and failed to consider the petitioner's reply to the show-cause notice. Consequently, the High Court set aside the cancellation order and remitted the matter back to the respondent for fresh disposal.
Great White Global Private Limited v.S. S. Cable Mfg. Co.
In this trademark dispute, Great White Global Private Limited sought resolution against S.S. Cable Mfg. Co. The court noted that the defendants had communicated their intent to settle amicably and provided an undertaking not to use the disputed marks (SS GRAND WHITE or GRAND WHITE) in the future. Consequently, the matter was directed towards a formal settlement hearing, indicating a potential amicable resolution of the trademark conflict.
Sharad Mehra v.Sanjay Mehra & Ors.
This Delhi High Court order addresses a dispute between two brothers regarding the exclusive rights to the trademark 'Superon' following a Family Settlement concerning their company. The court formalized an agreement where Sharad Mehra conceded the right to use 'Superon' in the domestic market, while Sanjay Mehra gained exclusivity for that territory. To facilitate this transition, the court directed parties to seek expedited approvals from Metrology and GST authorities regarding packaging changes.
Flipkart Internet Private Limited v.Akash Aggarwal & Anr.
This Delhi High Court judgment addresses a dispute over e-commerce platform features, specifically Flipkart's 'latching on' function. The plaintiff, V Tradition, alleged that this feature allowed unauthorized sellers to piggyback on their brand reputation and product listings, constituting passing off. While the initial order strongly restricted the use of this feature, the court ultimately stayed those restrictive observations pending further examination. This decision highlights the tension between protecting IP goodwill in e-commerce and maintaining platform functionality.
Dr. M. Sharath Chandra Reddy v.M/S. Servomax Precious Electronics
The Telangana High Court set aside a lower court's dismissal of an application for interim injunction in a trademark dispute involving the 'Servomax' brand. The appellant, claiming ownership based on an assignment deed from 1998, argued that the respondent's subsequent registration was obtained through fraud and concealment of prior rights. Given the ongoing injunction and the merits of the claim regarding fraudulent acquisition, the Court directed the trial court to expedite the suit while maintaining the interim protection for the appellant.
Alkem Laboratories Ltd v.Ch V Pulla Rao
Alkem Laboratories Ltd filed a petition alleging that Ch V Pulla Rao was willfully disobeying a settlement agreement by using the deceptively similar trademark "A VITA Z" against Alkem's mark, "A to Z". The petitioner presented photographic evidence of the alleged infringement. The respondent denied the allegations and stated they were not using the infringing mark. The court noted that the respondent's counter affidavit was missing and listed the matter for further hearing.
Laboratoires Griffon Private Limited v.Pinaki Chunilal Bhattacharya
The Bombay High Court granted an ad-interim injunction in favor of Laboratoires Griffon Private Limited against Pinaki Chunilal Bhattacharya. The suit involved claims of trademark infringement and passing off concerning the pharmaceutical brand 'GLIMET'. The court found that the impugned mark 'DLYMET' was deceptively similar to the plaintiffs' registered mark, especially since both were intended for medicinal preparations. Given the strong prima facie case and the risk of irreparable injury, the court ordered a temporary restraint on the defendant's use of the disputed mark.
Vivek Kochher & Anr v.Kyk Corporation Ltd & Ors
The Delhi High Court addressed an appeal challenging a judgment that had partially allowed a counter-claim by Kyk Corporation, granting it permanent injunctions. The court found that while the Intellectual Property Appellate Board's (IPAB) findings were dispositive regarding trademark registration, they did not address Kyk Corporation's core claim of passing off. Consequently, the High Court set aside the granted injunctions and remanded the matter to the Single Judge to specifically consider Kyk Corporation's claim for passing off based on the existing evidence.
Komal Meena v.Mayank Pareek
The Rajasthan High Court quashed a lower court's order that had rejected an application for a temporary injunction. The core issue was whether the lack of a registered trademark barred the plaintiff from seeking relief in a passing off suit. The High Court clarified that while registration provides exclusive rights, Section 27(2) allows suits for passing off even if the mark is unregistered. Consequently, the court directed the trial court to reconsider the injunction application based on the correct legal principles.
M/S Shubham Goldiee Masale Pvt. Ltd v.Pan Parag India Limited & Anr.
The Delhi High Court allowed the cancellation petition filed by M/S Shubham Goldiee Masale Pvt. Ltd against Pan Parag India Limited & Anr. The court granted the relief based on an undertaking from Respondent No. 1, which stated they had no intention to use the impugned registered trademark 'GOLDIE' in their trade business of PAN MASALA. Consequently, the Registrar was directed to cancel and expunge the registration within six weeks.
M/S Mankastu Impex Pvt. Ltd. v.Kent Ro Systems Ltd.
The Delhi High Court resolved a complex trademark dispute between M/S Mankastu Impex Pvt. Ltd. and Kent RO Systems Ltd. The case involved an injunction suit against alleged infringement of the 'HEPA PURE' trademark. After extensive litigation, including appeals challenging rectification orders, the parties successfully entered into mediation. Consequently, the court decreed the original suit based on a settlement agreement, allowing Kent RO Systems to continue using the mark while Mankastu Impex agreed not to object.
Dharampal Satyapal Limited v.Mr. Raj Kumar Agarwal & Anr.
This Delhi High Court judgment confirms a settlement reached between Dharampal Satyapal Limited (Plaintiff) and Mr. Raj Kumar Agarwal & Anr. (Defendants). The parties amicably resolved the dispute over trademark infringement concerning flavored pan-masala products. Key terms include the Defendants acknowledging the Plaintiff's sole proprietary rights in 'TANSEN' and 'TANSEN BLUES,' agreeing to immediately cease using the infringing mark 'TENSION FREE,' and undertaking to destroy all related materials and withdraw associated IP registrations.
Lifestyle Equities C.V. And Ors. v.Amazon Sellers Service Private Limited & Anr.
The Delhi High Court rejected a motion filed by Amazon Sellers Service Private Limited seeking rejection of the trademark infringement suit on grounds of lack of jurisdiction. The court held that since the Plaintiffs alleged they have physical stores and their licensees' websites target consumers in Delhi, a valid cause of action exists within the territorial limits of India. This ruling allows the core litigation regarding the use of the Beverly Hills Polo Club trademarks to move forward.
Zydus Wellness Products Limited v.M/S Arihant Remedies & Anr.
The Delhi High Court confirmed the existing ad-interim injunction in favor of Zydus Wellness Products Limited against M/S Arihant Remedies & Anr. The court found that the defendant's product was prima facie deceptively similar to the plaintiff's registered trademark and trade dress, despite arguments regarding ownership transfer and territorial jurisdiction. This ruling reinforces the protection afforded to established brands through both trademark law and passing off principles.
M/S Steelbird Hi-Tech India Ltd. v.Mr. Tazeen Farooqui & Ors.
The Delhi High Court upheld the interim injunction in favor of M/S Steelbird Hi-Tech India Ltd. against Mr. Tazeen Farooqui & Ors., finding that the defendant's mark 'SEABIRD' was deceptively and confusingly similar to the plaintiff’s established trademark 'STEELBIRD'. The court emphasized the importance of common law rights derived from long, continuous use, ruling that registration alone does not supersede prior proprietary rights. This decision reinforces the protection afforded to well-known marks against potential dilution and confusion in the market.
Calvin Klein Trademark Trust v.M/S Blue Ivory & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Calvin Klein Trademark Trust against M/S Blue Ivory & Ors., finding a prima facie case of trademark infringement. Furthermore, the court appointed Local Commissioners with extensive powers to inspect premises, seize counterfeit goods bearing the CK Marks, and demand disclosure of financial records from the defendants. This order provides immediate protection while allowing for thorough investigation into the alleged counterfeiting operations.
M/S Maan Pharmaceuticals Ltd. v.M/S Mindwave Healthcare Pvt. Ltd.
The Delhi High Court dismissed M/S Maan Pharmaceuticals Ltd.'s appeal, upholding a Commercial Court order that restrained Maan from using the trademark 'BUPROEX'. The court found that Mindwave Healthcare was the registered proprietor of the mark and that evidence suggested Maan acted as a third-party manufacturer or contract manufacturer. This ruling reinforces the principle that registration rights hold significant weight against claims of prior use by manufacturers, especially when correspondence supports the relationship.
Aeronutrlx Sports Products Pvt Ltd v.Plumax Ebusiness Solutions Private Limited
The Delhi High Court formally recorded a settlement between Aeronutrlx Sports Products Pvt Ltd and Plumax Ebusiness Solutions Private Limited regarding trademark disputes over the FAST&UP brand family. The parties agreed that Plumax acknowledged the validity and rights of Aeronutrlx in sub-brands like CHARGE, FORTIFY, RELOAD, and VITALIZE, including associated trade dress. In exchange for a payment of Rs. 5,00,000/-, Plumax committed to withdrawing opposition filings and ceasing all use of similar marks or designs.
Sanjay Soya Private Limited v.Lokeshwari Traders And Anr.
The Bombay High Court disposed of Commercial IP Suit No. 362 of 2022 after confirming that all undertakings stipulated in the parties' Consent Terms had been duly complied with. The defendants confirmed they had applied to withdraw their trademark application and declared non-use of the mark, while also providing evidence that the impugned products had been destroyed. This order formally concluded the litigation based on mutual agreement.
Commissioner of Service Tax, Delhi-II v.M/s. Future Brands Ltd
The Commissioner of Service Tax appealed against an order that dropped show cause notices alleging non-payment of service tax on the 'right to use' component of a Trademark License Agreement for the brand 'Ajile'. The Tribunal examined whether the exclusive nature of the license qualified as a 'deemed sale' under constitutional provisions. It ultimately held that since the license was exclusive, it fell within the meaning of 'transfer of right to use,' and thus service tax could not be levied.
Sun Pharma Laboratories Limited v.Vatave Health Care And Anr.
The Bombay High Court extended the existing ex-parte ad-interim orders in favor of Sun Pharma Laboratories Limited against Vatave Health Care. The court noted that despite being served, Defendants 1 and 2 continued to remain absent from the proceedings. Consequently, the interim relief granted for trademark infringement and passing off was maintained until further orders, allowing the Plaintiff time to proceed with their case.
Kent Ro Systems Limited v.Kent Cables Private Limited
The Delhi High Court allowed Kent Ro Systems Limited to seek exemption from mandatory pre-litigation mediation, recognizing the urgency of their trademark infringement and passing off claims against Kent Cables Private Limited. The court noted that Kent's 'KENT' mark is a registered and well-known trademark in relation to water purifiers. Consequently, the plaint was formally registered as a suit, and the matter proceeded toward filing written statements and considering an interim injunction.
Shubham Goldiee Masale Pvt Ltd. v.Kothari Products Ltd. & Anr.
The Delhi High Court allowed a cancellation petition concerning the trademark 'GOLDIE'. The court accepted an affidavit of undertaking from Respondent No. 1, which stated that they had never used the impugned mark in trade and that the claimed user date was incorrect. Consequently, the court directed the Registrar of Trademarks to cancel/expunge Registration No. 490303 within six weeks.
Apaar Homez Mart Pvt. Ltd. v.M/S. Century World
The Delhi High Court upheld the Commercial Court's order restraining Apaar Homez Mart from using its trademark 'SEPAL' combined with 'Century'. The court found that M/S. Century World had successfully established a prima facie case of trademark infringement and passing off, noting the significant increase in the respondent's turnover and the appellant's recent adoption of the mark. This judgment reinforces the principle that if an appellant cannot provide a plausible reason for using a potentially common term like 'Century,' they risk being found to be capitalizing on the goodwill of an established competitor.
Ajax Engineering Private Limited v.The Registrar Of Trademarks Trademark Registry
The Madras High Court set aside an order by the Registrar of Trademarks that had rejected the trademark application 'AJAX-MAKES CONCRETE SENSE'. The petitioner argued that the rejection was arbitrary, as they had submitted extensive documentation proving continuous use since 1983. The court found that the respondent failed to apply its mind to the documents provided and violated principles of natural justice by issuing a non-speaking order. Consequently, the matter was remanded back for fresh consideration on merits.
Dabur India Limited v.Marico Ltd.
The Delhi High Court addressed disputes regarding trade dress infringement concerning SAFFOLA products between Dabur and Marico. The court noted that while the defendant had previously represented changes to its packaging (including embossing), it failed to inform the court when certain product lines, like glass bottles or 100gm PET bottles, could not comply with those representations. Consequently, the court revived the plaintiff's interim injunction application for these specific products and imposed a significant cost on the defendant for non-disclosure.
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