India Trademark Cases
3,740 decisions indexed
Page 73 of 125 · 3,740 total
Lyka Labs Limited v.Lyka Biotech Private Limited
The petitioner, Lyka Labs Limited, filed an Interim Application against Lyka Biotech Private Limited for infringement of its trademark 'LYKA' and passing off. The court accepted the defendant's statement that it had discontinued using the impugned mark and domain name. Consequently, the court passed a temporary injunction restraining the respondent from using similar marks in relation to pharmaceutical products.
The North Face Apparel Corp. v.Pranav Kant Sharma
The North Face Apparel Corp. filed a Letters Patent Appeal challenging the dismissal of its application for temporary injunction against Pranav Kant Sharma (North Face Adventure Tours), alleging trademark infringement due to deceptive similarity. The respondent argued that since they operate in different classes of goods (Class 39 vs. appellant's classes), there is no likelihood of confusion or deception. The High Court upheld the lower court's decision, finding that because the parties trade in different classes, the appellant failed to establish a prima facie case for injunction.
Deepak Kukreja v.Anil Kukreja
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Deepak Kukreja against Anil Kukreja, restraining the latter from using the deceptively similar trademark 'RIGALITE' in relation to electrical goods. The court found that the Plaintiff had established a prima facie case of infringement and passing off concerning his registered trademarks RIGA and RIGGA. Furthermore, the Court allowed the appointment of Local Commissioners to visit the Defendant's premises, seize infringing materials, and inventory the goods.
Ani Media Pvt Ltd v.Vinay G David & Ors
The Delhi High Court addressed an application filed by Ani Media Pvt Ltd alleging that Defendant No.1 was willfully disobeying a prior ad interim injunction order. The court found prima facie evidence of breach, as the defendant continued using the plaintiff's registered trademarks and domain name on his Facebook account despite the restraint order. Consequently, the court issued a show cause notice to initiate proceedings for disobedience and mandated that the defendant remove all offending content within 48 hours.
John Distilleries Pvt. Ltd v.Shashi Distilleries Private Limited
John Distilleries Pvt. Ltd filed a suit against Shashi Distilleries Private Limited seeking permanent injunction to prevent the use of an Aseptic Brick Pack packaging that is deceptively similar to its own distinctive trade dress used for 'Original Choice' whisky. The plaintiff also sought mandatory injunction to withdraw the defendant's application for approval of this similar packaging.
Khadi & Village Industries Commission v.Raman Gupta And Others
The Delhi High Court granted an interim injunction in favor of Khadi & Village Industries Commission against Raman Gupta and others. The court found that the defendants were illegally using the registered trademark 'KHADI' and associated logos, particularly for medical products like PPE kits and hand sanitizers under the trading style 'KHADI BY HERITAGE'. Given the potential risk to public health due to unauthorized quality control, the court restrained the defendants from manufacturing or selling any such products bearing the infringing marks.
Enlearn Education Pvt. Ltd. v.Indian Heritage School
The Delhi High Court granted interim relief to Enlearn Education Pvt. Ltd., who alleged that the defendant was infringing on their established use of the mark 'HERITAGE' in the education sector. The court found a prima facie case for confusion among students and parents due to the similarity of marks used by both parties. Consequently, the Defendants were restrained from opening any new educational institutions using 'INDIAN HERITAGE' or 'HERITAGE', and were ordered to cease using the name 'Indian Heritage World School' for their existing pre-school starting May 1, 2022.
Whitehat Education Technology Private Limited v.Ms Kanishk Enterprises & Anr.
The Delhi High Court allowed a petition filed by Whitehat Education Technology Private Limited against Ms Kanishk Enterprises & Anr. The court directed the Registrar of Trade Marks to cancel the trademark entry bearing number 4786408 in Class 16. This decision effectively removed the contested mark from the register, favoring the petitioner's claim regarding the intellectual property rights.
Kores (India) Limited v.Doms Industries Private Limited
The Delhi High Court addressed a petition challenging an order that rejected the request to frame additional issues in a trademark infringement suit. The core dispute involved whether Kores' product infringed Doms' registered trademarks for 'DOMS NEON' pencils. While acknowledging the defendant's need to challenge the validity of the registrations, the court ultimately upheld the Commercial Court's decision regarding the immediate framing of additional issues, noting that all issues related to trademark validity must be dealt with by a specialized Tribunal (under Section 124 of the Trademarks Act) and not the civil court.
Hamlai Industries Pvt Ltd. v.WD 40 Manufacturing Company
This Delhi High Court order addresses an appeal filed by Hamlai Industries challenging an ex parte injunction granted in a trademark dispute. The court noted the Appellants' claims regarding suppressed correspondence and prior international registrations, arguing that the initial injunction should be suspended. However, before deciding on the merits of the stay application, the court issued directions to both parties, requiring the Appellants to disclose detailed sales and import figures since 2010, and the Plaintiff to provide the complete records from the Trial Court.
Vishal Pipes Limited v.Bhavya Pipe Industry
In this trademark infringement matter, the Delhi High Court addressed several procedural issues while advancing the main dispute between Vishal Pipes Limited and Bhavya Pipe Industry. The court allowed an application for a Local Commissioner, who was tasked with visiting the defendant's premises to inventory all products bearing the 'BPI' mark and obtain relevant sales accounts. Furthermore, the court issued notice to the defendant regarding the interim injunction request, reserving the final decision for a later date.
WHITEHAT EDUCATION TECHNOLOGY PRIVATE LIMITED v.MS KANISHK ENTERPRISES & ANR.
This Delhi High Court order addressed a petition for the rectification of a registered trademark. While the substantive issues were not decided on this date, the court focused on procedural matters. The court noted that the Vakalatnama for Defendant No. 1 was missing from the record and directed steps to be taken to place it on file. The matter has been listed for further hearing.
GLAXO GROUP LIMITED AND OTHERS v.RAJIV MUKUL AND ANR.
This Delhi High Court order addresses an execution petition filed by Glaxo Group Limited seeking enforcement of a prior decree. The core issue is the alleged infringement and passing off committed by the judgment debtors who began selling products under the deceptively similar trade name 'BETNEVIN'. Although the original suit covered various trademarks, the petitioners argued that their rights in 'BETNOVATE' and 'BETNESOL' were encompassed within the general scope of the decree. The Court directed notice to the defendants regarding this new alleged infringement, setting the stage for further litigation.
Jupiter Life Line Hospitals Limited v.Aatmaj Healthcare Private Limited
Jupiter Life Line Hospitals Limited sought an ex-parte ad-interim injunction against Aatmaj Healthcare Private Limited for alleged infringement of its registered trademark 'JUPITER' (Registration No. 1675980). The plaintiff claimed that the defendants were using similar marks, such as "StayGo Jupiter Multispecialty Hospital," in relation to running hospitals and providing medical services. The court found a strong prima facie case for infringement and granted the interim injunction.
Super Cassettes Industries Private Limited v.Tata Motors Limited
The dispute between Super Cassettes Industries Private Limited and Tata Motors Limited regarding the use of 'T-Series' marks was amicably settled in the Delhi High Court. The settlement requires Tata Motors to acknowledge the statutory and common law rights of Super Cassettes in 'T-Series', undertake not to use the mark on automobile products, and remove all related content from its websites and social media platforms. In return, Super Cassettes acknowledged the rights of Tata Motors in marks like 'Tata' and agreed to drop claims for damages.
Siddhant Icecreams LLP and Ors. v.Venkata Siva Suhas Kumar Bommisetty & Ors.
The Plaintiffs, Siddhant Icecreams LLP and Ors., filed an interim application seeking relief against the Defendants for infringement of their registered 'NATURAL' family marks and passing off. The court granted an ad-interim injunction restraining the defendants from using the infringing marks and ordering them to remove related online advertisements.
The Computing Technology Industry Association, Inc (COMPTIA) v.Bennett, Coleman And Company Limited (The Times Group)
This Delhi High Court judgment records the amicable resolution of a trademark dispute between COMPTIA and The Times Group. The parties reached a comprehensive settlement, wherein The Times Group acknowledged COMPTIA's ownership of 'CHANNELCON' and agreed to immediately cease using it or deceptively similar marks like 'CHANNELICON'. Furthermore, The Times Group committed not to oppose future registration efforts for the mark.
Ageless Clinic Private Limited v.Am Ageless Private Limited
The Bombay High Court granted further interim relief in favor of Ageless Clinic Private Limited against Am Ageless Private Limited. Despite previous orders, the Defendant failed to comply by continuing to use infringing business names on signage, maintaining deceptive domain names (like i-am-ageless-aesthetic-and-dental-centre.business), and active social media accounts. The Court made absolute the Leave Petition for Letters of Patent and issued a strong injunction restraining the defendant from using any mark or handle containing 'AGELESS' that could lead to passing off.
Sun Pharma Laboratories Limited v.Walpar Healthcare And Anr.
Sun Pharma Laboratories Limited filed an Interim Application against Walpar Healthcare & Anr. alleging passing off and trademark infringement concerning their respective marks, DUZELA and DIZELA. The court found a case made out for granting ad-interim relief based on the findings of the previous order.
Black Diamond Trackparts Private Limited v.Black Diamond Motors Private Limited
The Delhi High Court dismissed the petition filed by Black Diamond Trackparts Private Limited challenging an order from the Commercial Court. The court upheld the necessity of protecting the registered trademark 'BLACK DIAMOND' during pending litigation, despite previous rulings that allowed both parties to use the mark under specific conditions. The judgment emphasized the limited scope of Article 227 jurisdiction and affirmed the court's power to issue protective directions regarding goods release and security deposits.
Hindustan Syringes And Medical Devices Ltd. v.The Senior Examiner Of Trade Marks
The Delhi High Court addressed an appeal filed by Hindustan Syringes And Medical Devices Ltd. challenging the Senior Examiner's refusal to register the trademark 'DISPOSAFE'. While granting procedural exemptions regarding document submission, the court formally initiated the substantive appeal under Section 91 of the Trade Marks Act, 1999. The petitioner argued that their unique combination mark should not have been rejected as generic or descriptive. The matter is now set for further hearing after notice has been issued to the Respondent.
M/S Slv Enterprises v.M/S Sree Nandi Upachar; M/S Hotel Sree Saravana Bhavan
The Karnataka High Court dismissed a writ petition filed by M/S Slv Enterprises seeking an ad-interim injunction against alleged trademark infringement. The petitioner had sought judicial intervention to compel the lower trial court to decide on its interim application promptly. However, the High Court declined to interfere in the trial court's discretionary power, noting that the respondents were granted time to file their written statements and objections. The judgment emphasizes allowing the trial court to manage the proceedings while encouraging the petitioner to pursue matters there.
Lt Foods Limited v.Sri Annapurna Agro Indsutries & Anr.
The Delhi High Court decreed the suit based on a comprehensive settlement reached between Lt Foods Limited and Sri Annapurna Agro Industries. The defendants formally acknowledged Lt Foods as the exclusive proprietor of the trademark 'HERITAGE/INDIAN HERITAGE SELECT.' Crucially, the defendants undertook to cease all use of the mark, refrain from registering similar marks globally, and pay damages amounting to INR 5,00,000/- to the plaintiff. This judgment provides a clear example of how parties can resolve complex IP disputes through negotiated settlements.
Hero Electric Vehicles Private Limited v.Mr. Nitish Kumar & Ors.
The Delhi High Court granted an interim injunction in favor of Hero Electric Vehicles Private Limited against the defendants. The court found that the defendants were fraudulently adopting and misusing Hero's registered trademarks ('Hero Electric', 'Hero Motocrop') and identity materials to set up fake dealerships, thereby deceiving the public. Consequently, the defendants were restrained from using these marks or offering services under the plaintiff's name, and associated domain names and bank accounts were ordered to be frozen pending the final disposal of the suit.
Hygienic Research Institute Private Ltd. v.Amit Saini & Ors.
The Bombay High Court granted an ad-interim injunction in favor of Hygienic Research Institute Private Ltd. against Amit Saini & Ors. The court found sufficient grounds, based on prior ex-parte findings, to establish a case for passing off and trademark infringement. This interim order prohibits the defendants from copying or counterfeiting the plaintiff's 'STREAX PROFESSIONAL DEVELOPER' products or using deceptively similar marks like 'STREAX,' thereby preventing them from misrepresenting their goods as those of the plaintiff.
Mr. Sanjay Chadha Trading As Eveready Tools Emporium and Another v.Union Of India And Another
The Delhi High Court upheld the Intellectual Property Appellate Board's decision to cancel a registered trademark. The petitioners, who owned the 'EVEREADY' word mark for hand tools, challenged its removal by the respondent, Eveready Industries India Limited. However, the court found that the IPAB had thoroughly examined the evidence and concluded that the petitioners' adoption and use of the mark were dishonest and lacked continuous user. Consequently, the High Court dismissed the petition, reinforcing the importance of maintaining the purity of the trademark register.
Six Continents Hotels, Inc. v.Karan Holiday Inn Private Limited & Anr
In this ongoing trademark dispute, the Delhi High Court noted that while the defendant had largely removed the disputed mark from various sources, some instances persisted on third-party websites. The court allowed the plaintiff to issue notices to these specific sites demanding the takedown of the infringing trademarks and associated photographs. Furthermore, the parties were directed to continue mediation proceedings, indicating a potential path toward an amicable settlement.
Capital Food Private Limited v.Radiant Indus Chem Pvt. Ltd
In this commercial suit concerning trademark infringement of 'SCHEZWAN CHUTNEY,' the Delhi High Court allowed the plaintiff to introduce crucial subsequent evidence. The court ruled that the take-down notices and market surveys were necessary for a fair adjudication, despite the defendant's objections regarding late filing. This order allows the case to proceed with expanded evidentiary material.
Medal Electronics Private Limited v.M/S Goldmedal Electricals Private Limited
The Delhi High Court addressed an appeal filed by Medal Electronics challenging an ex parte interim injunction granted against them in a trademark dispute. Despite arguments regarding prior use and alleged acquiescence, the appellants chose to withdraw their appeal. The court dismissed the appeal but granted liberty for the appellants to file appropriate applications before the Trial Court, urging the lower court to expedite the decision on the interim injunction application.
Indus Tmt Industries Ltd v.M/S Mega Steel Industries
This case involved Indus Tmt Industries Ltd filing Original Suits against M/S Mega Steel Industries alleging infringement and passing off related to its registered trademarks and design. The plaintiffs sought permanent injunctions and damages for the unauthorized use of similar marks like 'Index Gold'. During the proceedings, the court permitted the plaintiff to delete the prayer pertaining to the Designs Act, 2000, leading to the suits being remanded back to the Trial Court to resolve the remaining disputes.
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