India Trademark Cases
3,740 decisions indexed
Page 74 of 125 · 3,740 total
Sporta Technologies Pvt. Ltd. v.Sham Bansode
The dispute between Sporta Technologies Pvt. Ltd. and Sham Bansode regarding the 'Dream11' trademarks was amicably settled through mediation. The parties agreed that the court would decree the infringement suit based on the settlement terms. Key provisions included the defendant acknowledging ownership of the plaintiff's listed trademarks, agreeing to cease all use of similar marks, transferring the domain name www.mydream11.in, and paying a total sum of Rs. 1,00,000/-.
Himalaya Wellness Company & Ors. v.Elder Labs Limited & Anr.
The dispute between Himalaya Wellness Company and Elder Labs Limited was resolved through mediation, leading to a comprehensive settlement agreement accepted by the Delhi High Court. The defendants acknowledged the plaintiffs' rights in trademarks like 'Liv.52' and 'HIMALAYA', as well as their trade dress (orange and green color combination). In exchange for discontinuing infringing activities and paying damages of Rs. 3,00,000/-, the suit was decreed based on the settlement terms.
Levi Straus & Company v.Braint Denims
The plaintiff, Levi Straus & Company, filed a suit alleging infringement of its trademarks (including 'Levi's', 'Two Horse logo', and 'Arcuate Stitching Design') by the defendant, Braint Denims. The court found that while exact damages were difficult to calculate, it awarded punitive damages of ₹2,00,000/- against the two defendants due to their evasion of court proceedings.
M/S Esme Consumer Private Limited v.M/S Prass Naturaceutical Pvt Ltd
The Delhi High Court granted an interim injunction in favor of M/S Esme Consumer Private Limited against M/S Prass Naturaceutical Pvt Ltd. The court found that the defendant's adoption of the mark 'NATURASSENCE' was closely identical and deceptively similar to the plaintiff's registered trademarks, including 'NATURE'S ESSENCE'. Given the prima facie case made by the plaintiff regarding goodwill and reputation, the court restrained the defendant from using any confusingly similar marks or trade dress until further hearing.
Dr Ashim Kumar Biswas v.A To Z Pharmaceuticals And Laboratory & Anr.
The Delhi High Court granted an interim injunction in favor of Dr. Ashim Kumar Biswas against A To Z Pharmaceuticals for trademark infringement and passing off. The court found that the defendant's product was an exact copy of the plaintiff's Ayurvedic medicine, using a deceptively similar mark ('DR. BISWASH') while also naming the plaintiff as the manufacturer. Given the clear prima facie case, balance of convenience, and risk of irreparable harm to the plaintiff's reputation, the court restrained the defendants from continuing the infringing activities until further hearing.
Louis Vuitton Malletier v.Sharmila Lalit Vyas And Anr.
Louis Vuitton Malletier filed an Interim Application seeking an injunction against the Defendants to prevent them from manufacturing, selling, or distributing products featuring the impugned LV mark or deceptively similar marks. The court directed the Applicant/Plaintiff to serve the proceedings on the Defendants before considering any ad-interim relief.
Schaeffler Technologies Ag And Co Kg v.Ms Gangason Enterprises
The Delhi High Court addressed a suit filed by Schaeffler Technologies (FAG) against Ms Gangason Enterprises for alleged trademark infringement. The parties ultimately resolved their dispute through an amicable settlement, which the court formalized into a decree. Under the terms of this settlement, the Defendant acknowledged FAG's exclusive rights and agreed to cease all use of the mark 'FAG,' withdraw related trademark applications, destroy infringing products, and provide an apology for the violation.
Dfm Foods Limited v.ITC Limited
The Delhi High Court initiated proceedings in the trademark dispute between Dfm Foods Limited and ITC Limited. While the suit was filed seeking permanent injunction against infringement, passing off, and unfair competition, the court immediately directed both parties toward mandatory mediation. This order sets the stage for amicable resolution while allowing procedural steps like filing additional documents and exemptions from pre-institution mediation.
Ferrero Spa & Ors. v.Needs Supermart Private Limited
In a trademark infringement suit concerning the 'Nutella' brand, the Delhi High Court issued an order on February 2, 2022. While the court maintained the existing interim injunction against the defendant, it deferred the dispute over whether products were counterfeit to the trial stage. Furthermore, the court directed both parties toward mediation and conciliation to attempt a settlement of the ongoing litigation.
L'OREAL v.Haridas Pa
The plaintiff, L'Oreal, filed a suit seeking permanent injunction against the defendants for infringing its trademarks ('L'OREAL', 'L'OREAL PROFESSIONNEL', 'L'OREAL PARIS') and passing off. The court found that the defendants were using deceptively similar marks (LOERA, LORA) in relation to beauty care products and services, leading to a decree in favor of the plaintiff.
KLEENOIL FILTRATION INDIA PVT LTD v.UDIT KHATRI & ORS.
The Delhi High Court granted an interim injunction in favor of KLEENOIL FILTRATION INDIA PVT LTD against Udit Khatri & Ors. The court found that the defendants were engaging in blatant trademark infringement by selling spurious, sub-standard oil filters using names and get-ups deceptively similar to KLEENOIL's registered trademarks. Citing prima facie evidence, irreparable harm, and balance of convenience, the court restrained the defendants from marketing or supplying products under 'KLEENOIL' or 'CLEANOIL' until further hearing.
Emaar Properties Pjsc v.Emaar Farm Technik Private Limited & Anr.
The Delhi High Court granted an interim injunction in favor of Emaar Properties Pjsc against Emaar Farm Technik Private Limited. The plaintiff, a well-established global brand, alleged that the defendant was deceptively using the registered trademark 'EMAAR' for farm equipment to benefit from the plaintiff's goodwill and reputation. The court recognized the clear case of infringement and passing off, temporarily restraining the defendants from using the mark on any products or e-commerce platforms until further proceedings.
Airtec Electrovision Pvt. Ltd. v.Sunil Kumar Saluja
The Delhi High Court dismissed Airtec Electrovision's appeal against the Commercial Court's refusal to grant an interim injunction. Airtec sought protection for its registered mark 'EIRTEC' against Sunil Kumar Saluja's use of 'AIRNET' on television sets, claiming deceptive similarity. However, the court found no sufficient phonetic or stylistic similarity and emphasized that common words like 'air' are often used in the electronics trade, ultimately upholding the lower court's decision.
Infiniti Retail Limited v.M/S Croma Through Its Proprietor & Ors.
The Delhi High Court ruled in favor of Infiniti Retail Limited, granting a permanent injunction against trademark infringement and ordering the transfer of the domain name www.croma.in. The court found that the plaintiff's mark 'CROMA,' which is registered and declared well-known, was being illegally used by a third party who was profiting from its reputation through website squatting. This judgment reinforces the strong legal protection afforded to established, well-known trademarks in the digital space.
Toyota Jidosha Kabushiki Kaisha v.The Senior Examiner Of Trade Marks
Toyota Jidosha Kabushiki Kaisha filed an appeal challenging a decision by the Senior Examiner regarding its trademark application for 'ALPHARD' in Class 12. The Delhi High Court, while allowing the appellant to cure procedural delays and admitting the appeal, set the matter down for further hearing. Toyota argued that as a prior user of the mark since 2008, the examiner erred in declining registration.
MARRIOTT WORLDWIDE CORPORATION v.COURTYARD HOLIDAYS WORLD PRIVATE LIMITED
The Delhi High Court granted an interim injunction in favor of Marriott Worldwide Corporation against Courtyard Holidays World Private Limited regarding trademark infringement. The court found that the defendant was misleading consumers by using marks and domain names identical or similar to Marriott's registered 'COURTYARD' brand. Despite the defendant having a registration, the court noted that this registration was obtained through false representation, leading to the restraint order.
New Balance Athletics Inc. v.Ashok Kumar Trading As WWW.SASTAJOOTA.COM & ORS.
The Delhi High Court granted an ad-interim injunction in favor of New Balance Athletics Inc. against Ashok Kumar Trading As WWW.SASTAJOOTA.COM & Ors., finding a prima facie case of trademark infringement. The court recognized that the defendants were operating websites offering footwear bearing New Balance's mark without authorization, leading to apprehension of counterfeit goods. Consequently, the court ordered the immediate deactivation and blocking of the infringing websites.
M/S Thind Industries v.M/S Pankaj Sales Corporation
In a recent order, the Delhi High Court addressed the dispute between M/S Thind Industries and M/S Pankaj Sales Corporation. Recognizing the appellant's willingness to modify its branding, the court granted permission for M/S Thind Industries to revise its trademark and label. This interim decision allows the parties to move forward with a resolution by allowing the appellant time to submit the revised materials.
Frankfinn Aviation Services Pvt Ltd. v.M/S Fly High Montessori & Ors.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Frankfinn Aviation Services Pvt Ltd. against M/S Fly High Montessori & Ors. The plaintiff alleged that the defendant was using a deceptively similar mark, 'GOLDEN FRANKFINN,' for educational services, thereby infringing on and passing off its registered trademark 'FRANKFINN.' The court found that a prima facie case was made out, immediately restraining the defendant from using the disputed marks in any manner to prevent further infringement and unfair competition.
Indian Oncology Foundation v.The Registrar Of Trademarks
The Delhi High Court upheld the rejection of the trade mark application 'Indian Oncology Foundation' by the Registrar of Trademarks. The court found that while the applicant claimed long-term use and reputation, they failed to provide sufficient documentary evidence—such as advertising expenditure or sales data—to prove that the descriptive mark had acquired secondary meaning. This ruling emphasizes that mere usage is insufficient; concrete proof of distinctiveness must be presented to overcome statutory objections.
Ht Media Ltd v.Pooja Sharma & Ors.
In a significant interim order, the Delhi High Court granted an immediate injunction protecting Ht Media Ltd's 'SHINE' trademark and its website www.shine.com from unauthorized use by rogue defendants. The court recognized that the defendants were using the plaintiff's IP to deceive the public through fraudulent job/career services. Crucially, the judgment issued sweeping directions to various service providers—including ISPs, telecom operators, domain registrars, and Gmail—to block infringing websites and disclose user information, effectively providing a powerful mechanism for online IP enforcement.
Growthpond Technology Pvt Ltd v.VGD Technologies Pvt Ltd
Growthpond Technology Pvt Ltd filed a petition seeking leave to initiate a lawsuit against VGD Technologies Pvt Ltd concerning alleged trademark infringement and passing off. The petitioner argued that no such leave was required under Clause XII of the Letters Patent, as the main suit addressed these IP violations. Furthermore, counsel established the Bombay High Court's jurisdiction based on the Petitioner's Mumbai registration. Consequently, the court dismissed the petition as withdrawn.
S Bant Singh Sole Proprietor M S Vishavkarma Engineering Works v.The Controller General of Patents Designs and Trademarks Trade Marks Registry at New Delhi & Anr.
This Delhi High Court order addresses a petition seeking the cancellation of a registered trademark, 'PUNNI,' in Class 35. The plaintiff argued that another party had registered the identical mark on a later date, leading to a conflict. The court initiated the proceedings by issuing notice to the defendant and setting a timeline for filing pleadings.
Central Park Estates Private Limited v.Ashoka Developers And Builders Limited
Central Park Estates Private Limited filed a suit alleging trademark infringement, passing off, and unfair competition against Ashoka Developers And Builders Limited regarding the use of 'CENTRAL PARK' in real estate projects. The Delhi High Court addressed preliminary applications, dispensing with pre-institution mediation for urgent reliefs. The court subsequently issued summons to all defendants and set the matter for further pleadings and arguments on the injunction application.
Shri Govind Baheti v.Shri Kamal Kishore Baheti
The Delhi High Court addressed a dispute concerning the alleged breach of a prior settlement agreement related to the use of the 'VRAJ' trademark for tractor parts. The petitioner claimed that the respondents were violating the territorial restrictions set forth in the 2012 settlement by allowing their wife's firm to sell spare parts bearing the mark outside the permitted five states. Consequently, the Court directed notice to be issued to the respondent, setting a date for returnable appearance.
Dr.Reddys Laboratories Limited v.Combitic Global Caplet Pvt Ltd
In this Delhi High Court order, Dr.Reddys Laboratories Limited sought time to challenge the validity of a trademark registered by Combitic Global Caplet Pvt Ltd. The court allowed the application and granted an adjournment of three months. This procedural step allows the plaintiff to formally apply for the rectification of the defendant's trademark registration before the IP Division.
Hamdard National Foundation (India) v.Sadar Laboratories Pvt. Limited
The Delhi High Court dismissed the plaintiffs' application for an ad interim injunction against Sadar Laboratories, which was seeking protection for its well-known trademark 'Rooh Afza'. The court found that while 'Rooh Afza' may be a strong mark, the defendant's use of 'Dil Afza' did not necessarily cause consumer confusion, especially given the long history and peaceful co-existence of similar marks in the pharmaceutical market. However, the defendant was directed to maintain detailed sales accounts during the pendency of the suit.
M.Gagan Bothra v.The Central Government
The petitioner filed a Writ Petition seeking a Mandamus to direct respondents to act upon a 2013 order from the Central Government regarding R.Anbarasu's misuse of the National Emblem. The court found that despite central government directions, the State Government failed to initiate action against the ex-member of parliament for misusing the emblem on his letter pad.
DLF Limited v.Rediff.Com India Ltd.
In a trademark infringement suit concerning the 'EMPORIO' brand, DLF Limited and Defendant No. 2 reached an amicable settlement during the pendency of the litigation. The Delhi High Court formally recorded this settlement, decreeing the terms against Defendant No. 2 while allowing the plaintiff to withdraw the suit unconditionally against the remaining defendants. This outcome highlights how out-of-court settlements can resolve complex IP disputes within the judicial framework.
Inter Ikea Systems B V v.Italica Floor Tiles Pvt. Ltd. & Anr.
The Delhi High Court allowed applications filed by the defendants (Italica Floor Tiles) seeking to set aside an earlier ex parte decree passed against them for trademark infringement. The court acknowledged that while the plaintiffs had a strong case regarding their established brand, the procedural lapse and lack of opportunity for the defendants to present their defense warranted reconsideration. Consequently, the ex parte order was set aside, and the main suit has been revived, allowing both parties to proceed on the merits.
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