India Trademark Cases
3,740 decisions indexed
Page 71 of 125 · 3,740 total
Satnam Brush Industry v.Kori Brush Industries
The Delhi High Court ruled in favor of Satnam Brush Industry, decreeing the suit against Kori Brush Industries for trademark infringement and passing off. The court found that the defendant deliberately imitated the plaintiff's complete range of products, trade dress, packaging, and product codes, causing consumer confusion. Consequently, the defendant was restrained from further misuse and ordered to pay costs to the plaintiff.
Parmesh Construction Company Limited v.Mahinder Bhutani & Anr.
Parmesh Construction Company Limited filed a petition seeking the cancellation and rectification of Mahinder Bhutani's registered mark 'BHUTANI'. The court noted that while the petitioner argued 'BHUTANI' is a common surname, they also use it in their own trademark 'BHUTANI INFRA'. The court directed notice to be issued to the respondents and scheduled further hearings, indicating the matter will proceed through litigation.
Lilly Icos Llc v.Vivek Pharmachem And Anr.
The dispute between Lilly Icos Llc and Vivek Pharmachem was amicably resolved through mediation before the Delhi High Court. The parties executed a settlement agreement where they mutually acknowledged each other's respective trademarks, 'CIALIS' and 'ZYDALIS'. Crucially, Defendant No. 2 agreed not to use any mark with the suffix 'ALIS' for erectile dysfunction drugs, while Plaintiff agreed to withdraw an opposition against ZYDALIS. The court subsequently decreed the suit against Defendant No. 2 based on these settlement terms.
Sun Pharmaceutical Industries Ltd. v.M S Sunmarker Pharmaceuticals & Anr
In a dispute over trademark infringement and passing off, Sun Pharmaceutical Industries Ltd. successfully reached a comprehensive settlement with M S Sunmarker Pharmaceuticals & Anr before the Delhi High Court. The parties jointly filed an application under Order XXIII Rule 3 CPC, leading to a decree that formally acknowledged Sun Pharma's rights in 'SUN' and 'SUN PHARMA'. Under the terms of the agreement, the Defendants agreed to cease using the infringing mark, destroy related materials, and withdraw their trademark application.
Amritsar Rice Land v.Sumit Bansal & Anr.
In this ongoing trademark dispute concerning rice products, the Delhi High Court issued a critical interim order regarding seized inventory. Recognizing that rice is a perishable commodity, the court permitted the Defendants to dispose of the substantial stock (30,000-35,000 kgs) held under local commissioner's supervision. This relief was contingent upon the Defendants depositing Rs. 7,50,000/- with the court and strictly adhering to a complete cessation of further manufacture or sale under the disputed brands.
The British School Society v.Sanjay Gandhi Educational Society & Anr.
The Delhi High Court ruled in favor of The British School Society, confirming an existing interim injunction against the Sanjay Gandhi Educational Society. The court found that the unauthorized and continuous use of the identical mark 'The British School' by the Defendants constituted misrepresentation and caused irreparable prejudice to the Plaintiff's goodwill. Consequently, the Defendants were mandated to change their school names effective May 1, 2022, ensuring a smooth transition for enrolled students.
Impresario Entertainment And Hospitality Pvt. Ltd. v.M/S. Orangebelly Food And Beverages Pvt. Ltd. & Anr.
In this trademark infringement suit, the Defendants sought to return the plaint due to a lack of territorial jurisdiction, arguing that the Plaintiff's principal place of business was in Mumbai while the Defendant operated only one restaurant in Patna. The Delhi High Court rejected the immediate request for return of the plaint, noting the Plaintiff's successful history of obtaining injunctions across various jurisdictions. Consequently, the court ordered that the status quo be maintained by the Defendant until further orders, allowing the litigation to proceed.
Pb Fintech Pvt Ltd v.Policy Bazar Finance & Ors.
The Delhi High Court allowed Pb Fintech Pvt Ltd's application to implead additional defendants (No. 18 to 22) in its trademark infringement suit against Policy Bazar Finance & Ors. Crucially, the court modified existing interim injunction orders to extend protection against these newly added parties. The order reinforces the plaintiff's rights by restraining all named parties from using deceptively similar marks and mandates domain registrars and ISPs to block access to infringing websites.
Marico Limited v.The Deputy Registrar of Trademarks
Marico Limited successfully challenged the actions of the Trademark Registry in the Madras High Court, arguing that the Registrar acted without jurisdiction when removing its registered trademark 'MANJAL'. The court ruled in favor of Marico, holding that the Registrar improperly bypassed statutory requirements by proceeding with rectification despite an ongoing infringement suit. This judgment reinforces the strict jurisdictional limits placed on the Registrar under the Trademarks Act.
Saga Lifesciences Limited v.Aristo Pharmaceuticals Pvt. Ltd.
In a trademark infringement suit concerning the brand 'ULTRAMOL', the Delhi High Court recognized Saga Lifesciences Limited as the prior adopter and user of the mark for pharmaceutical preparations. Despite initial procedural applications being disposed of, the court appointed a Local Commissioner to inspect the premises of Aristo Pharmaceuticals Pvt. Ltd. The commissioner is tasked with inventorying products bearing both 'ULTRAMOL' and 'ARISTO ULTRAMOL', and critically, examining the sales accounts of the defendant to assess the scope of alleged infringement.
Osram Gmbh & Anr. v.Tejmeet Singh Sethi & Anr.
In this Delhi High Court matter, the court addressed the ongoing suit concerning the 'OSRAM' trademark. The defendants voluntarily expressed their intent to abandon two specific trademark applications for the mark. Consequently, the court confirmed the existing interim injunction granted in favor of Osram Gmbh & Anr., while also directing the parties to list all relevant trademark filings for future consideration.
M/S Drs Logistics (P) Ltd & Another v.Google India Pvt Ltd & Anr
The Delhi High Court addressed applications filed by Drs Logistics against Google regarding trademark infringement via search engine advertising. The court recognized that using a registered trademark as a keyword could lead to consumer confusion, diverting traffic from the plaintiff's site to competitors. Consequently, the court granted interim injunctions requiring Google and other defendants to investigate any complaints of misuse and remove or block advertisements found to be infringing or causing passing off.
SMC Foods Limited & Anr. v.Jyoti Devi & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of SMC Foods Limited, recognizing the prima facie case for trademark infringement and passing off. The court found that the defendants were deceptively imitating the Plaintiffs' established brand 'MADHUSUDAN,' including its unique packaging and trade dress. This interim order immediately restricts the defendants from manufacturing or selling products bearing similar marks or designs until the final hearing.
Sanofi India Limited v.Ridley Life Science Private Limited
Sanofi India Limited filed a suit against Ridley Life Science Private Limited alleging continuous violation of an earlier injunction order, specifically regarding the sale of products under the marks 'CONCIFLAM' and 'CORIFLAM'. The Plaintiff claimed that these infringing products were being sold despite the May 2021 restraint on using marks similar to its registered trademark 'COMBIFLAM'. The court noted the defendant's history of alleged habitual infringement in pharmaceutical preparations. Consequently, the court directed the defendant to submit detailed sales figures and imposed a significant deposit amount due to the persistent violations.
Surbhi Tangri v.Nishant Goel
The Punjab-Haryana High Court allowed Surbhi Tangri's appeal, setting aside a lower court order that had dismissed her application for an injunction. The court found that the defendant's use of 'DECORALLEY' was deceptively similar to the petitioner's registered trademark, 'The Décor Alley'. Despite arguments regarding different mark types (word vs. device) and business models, the High Court emphasized the common law principle of passing off, ruling that a common man would be deceived by the similarity.
Sopariwala Exports & Ors. v.Mr Grijesh Kumar Garg & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Sopariwala Exports & Ors. against Mr Grijesh Kumar Garg & Ors. The court found that the Plaintiffs had established a strong prima facie case regarding their well-known trademark 'AFZAL' used for tobacco products. Given the potential irreparable harm to the Plaintiff's goodwill, the Court restrained the Defendants from manufacturing or selling any goods using deceptively similar marks like 'AFDHAAL' and 'ALAFDHAAL', pending further hearings.
The Goodyear Tire And Rubber Company and Goodyear India Ltd. v.Deva Nand Sukhia
The Delhi High Court addressed a trademark dispute where Goodyear sought an injunction against Deva Nand Sukhia for using the 'GOOD YEAR' mark in relation to lubricants and greases. The court affirmed that 'GOOD YEAR' is a well-known mark, granting an interim injunction restraining its use across various goods. Although the Plaintiff initially sought damages, they agreed not to press this relief after the Defendant tendered an apology, resulting in the decree being passed with costs imposed on the defendant.
Enlearn Education Private Limited & Anr. v.Sd Memorial Education And Welfare Society & Anr.
The Delhi High Court addressed an injunction application filed by Enlearn Education Private Limited against Sd Memorial Education Society concerning the use of the mark 'HERITAGE'. The court found prima facie grounds for intervention, noting that the Defendants adopted a similar name ('THE HERITAGE PRIDE MODERN SCHOOL') after being aware of the Plaintiffs' established trademark rights. Consequently, the Court issued an immediate directive restraining the Defendants from opening any further schools incorporating the word 'HERITAGE' or applying for recognition under that name. The court reserved the final decision on interim relief regarding the existing school until proper notice was served.
Dr.S.Chandralekha / M/s.Iswarya Fertility Services Pvt. Ltd. v.Dr.Aravind Chander
The Madras High Court addressed applications filed by the defendant, Dr. Aravind Chander, challenging the jurisdiction and maintainability of a trademark infringement suit brought by Dr. S. Chandralekha and M/s. Iswarya Fertility Services Pvt. Ltd. The court rejected arguments regarding lack of territorial jurisdiction, finding that the plaintiff could establish personal work for gain in Chennai under Section 134(2) of the Trade Marks Act. Furthermore, the court ruled that the non-joinder of a related entity was not fatal to the suit's maintainability.
Zydus Wellness Limited v.Mis. Siddhi Margarine Specialities Limited
This Delhi High Court order addresses a suit previously decreed between Zydus Wellness Limited and Mis. Siddhi Margarine Specialities Limited. Following an amicable resolution, both parties had deposited funds with the DHCBA Pandemic Relief Fund. The court noted compliance regarding deposits and stock statements. Crucially, the court directed the Registrar of Trademarks to process the modification/alteration forms filed by Defendant No.1 concerning their registered marks.
Government E Marketplace v.Unilex Consultants & Ors.
The Delhi High Court ruled in favor of the Government E Marketplace (GeM) against various parties for misusing its brand name. The plaintiff alleged that several defendants were registering or using 'GeM' as a domain name or URL extension, misleading the public into believing they were associated with the official portal. The court granted permanent injunctions and ordered the suspension of multiple infringing domains, reinforcing the protection of government digital brands against unauthorized commercial exploitation.
Bajaj Finance Ltd & Anr. v.Niko Das & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Bajaj Finance Ltd against Niko Das & Anr. The court found that the Plaintiffs had made out a prima facie case demonstrating that the Defendants were fraudulently using identical or deceptively similar marks, such as 'BAJAJ' and 'BAJAJ FINANCE,' to offer financial services. This unauthorized use was deemed to constitute trademark infringement and passing off, causing potential confusion among the public.
M/s.R.K.Ganapathi Chettiar v.Kothai Dairy Farm
M/s.R.K.Ganapathi Chettiar filed a suit against Kothai Dairy Farm and others alleging infringement of their trademarks and copyrights concerning the product 'ghee'. The plaintiff claimed that the defendants were passing off goods using deceptively similar artistic works, trade dress, and color combinations associated with the plaintiff's registered trademark (No. 463167). Despite the initial claims for injunctions and damages, the parties ultimately resolved their dispute by entering into a Joint Compromise Memo dated March 21, 2022.
Ms Aman Engineering Works v.Registrar Trade Marks Trade Marks Registry New Delhi & Anr.
This Delhi High Court order addresses the status of two trademark applications, 'RITE KRANTI' and 'B&M KRANTI,' which are subject to review regarding potential abandonment. The core legal question revolves around whether applications for abandoning these trademarks could be accepted after a significant passage of time. Furthermore, the court noted that the Petitioner had previously filed an opposition against these very marks in 2020, adding complexity to the ongoing dispute.
Minda Spectrum Advisory Limited & Ors. v.Ab Petrochem
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Minda Spectrum Advisory Limited & Ors. against Ab Petrochem, recognizing the Plaintiffs' established rights over the MINDA trademark and its variants. The court found that the Defendant was operating under infringing marks (AB MINDA) in the oil and grease sector. To enforce this interim relief, a Local Commissioner was appointed to visit the Defendant's premises, seize infringing goods, and inventory relevant business records.
Ds Intellectual Properties Pvt. Ltd. v.Mr. Faizi Khan
This Delhi High Court order addresses a trademark infringement suit filed by Ds Intellectual Properties Pvt. Ltd. against Mr. Faizi Khan regarding the use of similar marks, specifically '0'/'ZERO' versus '00', on respective products. The court noted the dispute over consumer confusion and directed the defendant to consider modifying their mark or label design. Crucially, the defendant was ordered to cease manufacturing fresh stock using the disputed marks pending further proceedings.
Ashok Kumar Gupta & Anr. v.Neeram Garg & Ors.
In this commercial suit concerning the brand SAKRNI PLASTER, the Delhi High Court issued several procedural orders on April 7, 2022. The court granted exemptions to the Plaintiffs regarding document filing and advance notice service due to urgency. Crucially, the court allowed an application for ex-parte ad-interim injunction under Order 39 Rules 1 and 2 CPC, leading to the appointment of Local Commissioners to seize infringing products and inspect the Defendants' premises.
Rpg Enterprises Limited v.M/S Vijay Goel & Anr.
The Delhi High Court dismissed the defendants' application seeking further time to file their written statement in a trademark infringement suit. The court emphasized that despite pandemic-related considerations, the defendants were fully aware of the proceedings and failed to adhere to strict timelines. While denying the extension, the court also directed the defendants to file an affidavit detailing the quantum and sales figures of products using the disputed 'RPG' mark.
M/S Blue Heaven Cosmetics Private Limited. v.Deepak Arora & Anr.
The Delhi High Court ruled in favor of M/S Blue Heaven Cosmetics, ordering the cancellation and rectification of a conflicting trademark registered by Deepak Arora ('MARC HEAVEN'). The court found that 'MARC HEAVEN' was deceptively similar to the Petitioner's established mark 'BLUE HEAVEN,' particularly due to the appropriation of the dominant feature 'Heaven.' Citing Sections 9 and 11 of the Trade Marks Act, the judgment held that the Respondent's registration lacked distinctive character and caused public confusion.
Savelife Foundation v.Mr. Aslam Shaikh & Ors.
The Delhi High Court granted an ex parte ad-interim injunction in favor of Savelife Foundation against Mr. Aslam Shaikh and others. The court found that Defendants were fraudulently using deceptively similar trademarks ('Save LIFE' and 'Save LIFE Foundation') and associated domains to solicit funds, thereby infringing the Plaintiff's well-known trademark and committing passing off. This immediate relief aims to prevent irreparable harm while the main suit proceeds.
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