India Trademark Cases
3,667 decisions indexed
Page 79 of 123 · 3,667 total
Centaur Pharmaceuticals Pvt Ltd v.Mhs Pharmaceuticals Pvt Ltd
Centaur Pharmaceuticals filed a Leave Petition against MHS Pharmaceuticals regarding the alleged infringement of its long-standing pharmaceutical trademark, SINAREST, by the Defendant's mark, SINARITE. The court granted the leave petition and directed both parties to file affidavits in reply and rejoinder within specified timelines.
Bajaj Auto Limited v.M/S Yc Electric Vehicle & Ors.
In this ongoing trademark dispute, Bajaj Auto Limited sought compliance regarding the use of its 'CHETAK' brand. The Delhi High Court noted that the defendants claimed no E-rickshaws under the 'CHETAK' trademark had been sold since a previous interim order was issued. Consequently, the court directed the defendants to file an affidavit addressing these claims within three weeks, keeping the litigation moving forward.
Khaitan India Limited v.Khaitar Industries Private Limited & Anr.
The plaintiff filed a suit claiming infringement of its distinctive trade mark 'Khaitan' and passing off against the defendants, who used the similar mark 'Khaitar'. The defendant sought dismissal, arguing that since the defendant also possessed a registered trademark, the suit for infringement was not maintainable. The court ultimately dismissed the interlocutory application seeking dismissal.
Emami Ltd v.Torque Pharmaceuticals Pvt. Ltd.
The defendant filed an application seeking modification of a previous interim order. The court observed that the suit involved infringement and passing off and was valued in excess of the specified limit. Consequently, the case (IN EOS/4/2020) and the associated application (IA GA 1 of 2021) were transferred to the Commercial Division.
Vimal Dairy Limited v.Gujarat Tea Depot Company
The Gujarat High Court upheld the interim injunction granted in favor of Gujarat Tea Depot Company against Vimal Dairy Limited. The court found that allowing Vimal Dairy to market its product could cause confusion among the public due to substantial similarities between the brands and labels, despite differences in trade products. This decision reinforces the principle that courts must look at prima facie similarity to prevent consumer deception in trademark and copyright disputes.
Johnson & Johnson v.Pritamdas Arora T/A M/S Medserve & Anr
In a trademark infringement dispute, Johnson & Johnson sought permission from the Delhi High Court to amend its original plaint. The plaintiff argued that evidence gathered by a Local Commissioner revealed additional trademark infringements by the defendant concerning 'LIGACLIP,' which needed to be incorporated into the suit. Satisfied that these amendments were necessary for determining the real issues between the parties, the court allowed the application, allowing J&J to update its claims and proceed with the litigation.
Exphar S.A. v.Atlanta Biological Pvt. Ltd
In this trademark infringement matter, the defendant agreed not to contest the permanent injunction against them, provided the plaintiffs waived their claims for damages and costs. While both parties settled on the injunctive relief, the core dispute regarding whether the plaintiff's mark, VERZOL, qualifies as a well-known trademark remains unresolved. The court has scheduled further proceedings specifically to determine this crucial aspect of the case.
Cadila Healthcare Limited v.Uniza Healthcare Llp. & Anr.
Cadila Healthcare Limited sought an ad-interim injunction against Uniza Healthcare LLP, alleging that the defendant's trademark 'ZACLEAR' was deceptively similar to Cadila's mark 'ZYCLEAR'. The Delhi High Court declined to grant the immediate injunction, primarily noting discrepancies in the plaintiff's claim regarding the date of adoption and registration of 'ZYCLEAR'. Instead, the court directed both parties to complete their pleadings, file written statements, and proceed with the suit for a final determination.
Aktiebolaget Volvo & Ors. v.Woodol International & Ors.
The Delhi High Court partially ruled in favor of Volvo, granting a preliminary decree against Woodol International regarding the unauthorized use of the 'VOLVO' trademark on lubricants. Despite initial defenses by the defendants claiming no infringement and non-compliance with mediation requirements, the court accepted the affidavits stating that the defendants had ceased or were not manufacturing under the mark. The suit will now proceed to trial to determine the final quantum of damages and rendition of accounts.
R X Infotech Private Limited v.Jalpa Rajesh Kumar Jain
The Delhi High Court dismissed a defendant's application seeking to reject the plaint on grounds of lack of territorial jurisdiction. The court held that even if the suit was primarily based on Section 134 of the Trade Marks Act, the general provisions of Section 20 of the CPC allow for jurisdiction where any part of the cause of action arose. Specifically, the court found that online transactions related to the defendant's website could reasonably be considered to have occurred within Delhi, thus validating the plaintiff's choice of forum.
JK Lakshmi Cement Limited v.JK Shian Cement Private Limited
The Delhi High Court addressed several applications in the trademark dispute between JK Lakshmi Cement Limited and JK Shian Cement Private Limited. The court allowed a defendant's application to condone a 90-day delay in filing its written statement, noting that negotiations regarding settlement had taken place. Additionally, while acknowledging ongoing disputes over interim orders, the court granted time for defendants to file their replies, setting a future hearing date.
M/S. B.R.Industries v.State Of Meghalaya & 2 Ors.
The Meghalaya High Court addressed a jurisdictional challenge raised by respondents in a trademark infringement case involving 'Megha' cashew nuts. The court clarified that under the specific administrative rules governing tribal areas like Nongpoh, courts presided over by Deputy Commissioners and Additional Deputy Commissioners function as Principal Civil Courts of Original Jurisdiction. Consequently, these courts are deemed competent to try suits under Section 134 of the Trade Marks Act, 1999, thereby upholding the petitioner's right to pursue the infringement claim.
Minbimbangal Productions (P) Ltd v.Harshini Movies
Minbimbangal Productions (P) Ltd filed a suit against Harshini Movies seeking permanent injunction to prevent the use of the title 'Vidathu Karuppu' or any deceptively similar title for its motion picture. The plaintiffs had previously secured an interim injunction regarding this matter. However, subsequent developments revealed that the defendant had changed the name of their film to 'Shenbaga Kottai'. Consequently, the plaintiffs filed a memo stating that they were not pressing the suit further, leading the court to dismiss the case as not prosecuted.
M/S Shenzhen Jiayz Photo Industrial Ltd. v.Flipkart Internet Pvt Ltd & Ors.
The Delhi High Court granted an ad-interim injunction in favor of M/S Shenzhen Jiayz Photo Industrial Ltd. against Flipkart Internet Pvt Ltd and associated sellers. The plaintiff alleged that unauthorized third-party sellers were using the registered 'BOYA' trademark to sell counterfeit microphones on the platform, causing reputational damage and fraud. The court recognized a prima facie case and granted the injunction, compelling the e-commerce platform to take steps to remove listings of fake products.
Glenmark Pharmaceuticals Ltd v.Mankind Pharma Ltd
The plaintiff filed a suit for trademark infringement combined with passing off. The defendant challenged the court's jurisdiction, arguing that since both parties had offices in Delhi, the Bombay High Court lacked competence to hear the common law claim. The court rejected this submission, affirmed its jurisdiction under the Trade Marks Act, 1999, and made the Clause XIV Petition absolute.
Yogi Ayurvedic Products Pvt Ltd v.The Yogi And 2 Ors
The Plaintiff, a private limited company, filed an interim application seeking protection for its registered and formative marks under 'YOGI' against the Defendants. The Plaintiff alleged that the Defendants were infringing these marks and attempting to pass off their goods using 'THE YOGI' online. The Court found a prima facie case made out and permitted the plaintiff to proceed with the ad-interim relief application.
Everest Food Products Private Limited v.Taparia Industries And Anr
The court addressed a Leave Petition filed by Everest Food Products Private Limited seeking to combine causes of action related to passing off and infringement. The court directed that since the Defendants were in Jaipur, service must be effected by courier with proof of delivery.
Dr Reddys Laboratories Limited v.Pro Bios Pharmaceuticals Private Limited
In a trademark dispute concerning the brand name OMEZ, Dr Reddys Laboratories Limited and Pro Bios Pharmaceuticals Private Limited agreed to pursue settlement. The defendants indicated they had ceased using the disputed mark, leading both parties to agree that mediation was the preferred path forward. Consequently, the Delhi High Court scheduled the parties for mediation at its Conciliation Centre.
Bajaj Electricals Limited v.Urban Foodmart India Pvt Ltd
Bajaj Electricals Limited filed an Interim Application against Urban Foodmart India Pvt Ltd for alleged trademark infringement related to the mark "BAJAJ SUPERMART". The court accepted an undertaking from the Defendants that they would cease using the infringing mark pending the final disposal of the application and remove all associated signage.
International Society for Krishna Consciousness (ISKCON) v.Vishna Foods Private Limited
The Bombay High Court granted an ad-interim injunction in favor of International Society for Krishna Consciousness (ISKCON) against Vishna Foods Private Limited. The court found a prima facie case that the defendant was infringing on ISKCON's registered trademark and engaging in passing off by using a deceptively similar mark across various goods and services. This interim relief prevents the defendant from continuing unauthorized use of the mark until the final disposal of the suit.
Triumphant Institute Of Management Education Pvt. Ltd. v.Times Coaching Centre
The Delhi High Court addressed applications concerning an existing trademark infringement suit between Triumphant Institute of Management Education and Times Coaching Centre. The core issue revolved around whether the Defendant's subsequent change in its trademark, from 'Times Coaching Centre' to 'Future Times Coaching Centre', constituted wilful disobedience of a prior interim injunction. The court found that the Defendant acted under a genuine misunderstanding of the scope of the injunction, believing the new mark was outside its restraint. Consequently, while dismissing the applications for non-wilful reasons, the court imposed costs on the Defendant due to the continued use of infringing marks.
adidas AG / adidas India Marketing Private Limited v.Mr. Rajender Kumar
The plaintiff, adidas AG through its Indian subsidiary, filed a suit alleging that the defendant was manufacturing, stocking, distributing, and selling infringing shoes and accessories bearing trademarks identical or confusingly similar to 'adidas', 'three bars', '3-Strips', and 'Trefoil'. The court found that the defendant's actions constituted trademark infringement, copyright violation, and passing off, leading to a decree in favor of the plaintiff.
Ampm Fashions Private Limited v.Mr. Akah Anil Mehta, Partner Of Ampm Designs & Anr.
This Delhi High Court order addresses a rectification application concerning a trademark registration. The plaintiff informed the court that the Intellectual Property Appellate Board (IPAB) had previously directed the removal of the defendant's mark from the Trademarks Register. However, the defendants requested an adjournment as they were in the process of challenging the IPAB's decision, leading the court to list the matter for a future date.
M/S. Blue Heaven Cosmetics Private Limited v.Bhcosmetics Llc
The Delhi High Court permitted M/S. Blue Heaven Cosmetics Private Limited to amend its plaint in a trademark infringement suit against Bhcosmetics Llc. The amendment corrected an inadvertent typographical error, clarifying that the 'BH' logo/label was not yet a registered trademark but rather had a pending application and long-standing user rights since 1986. The court allowed this correction, recognizing it would not alter the core relief sought (permanent injunction for passing off and infringement), and subsequently modified an earlier court order to reflect the accurate status of the mark.
V Guard Industries Ltd v.Sukan Raj Jain & Anr
The Delhi High Court granted an interim injunction in favor of V Guard Industries Ltd against Sukan Raj Jain & Anr. The plaintiff sought protection for its well-known trademark 'V-GUARD' and associated designs from the use of the deceptively similar mark 'N-GUARD'. Citing a prima facie case, irreparable loss, and balance of convenience, the court restrained the defendants from manufacturing or selling products under the impugned marks and designs. This order sets the stage for the full trial on trademark infringement, design infringement, and passing off.
Grand Tobacco Private Limited v.Abdul Rashid Shaikh Tobaco, A Limited Liability Partnership & Ors.
The plaintiff, Grand Tobacco Private Limited, filed an application seeking interim protection against the defendant for infringement of its registered trademark and passing off. The court found a prima facie case existed, noting that the defendant was using a deceptively similar mark ('A.R.S Chand Tara Marka') and color combination on tobacco products compared to the plaintiff's mark ('Super Chand Tara Marka').
Bisleri International Pvt.Ltd v.Laxmikanta Nayak
The court heard an interim application filed by Bisleri International Pvt.Ltd against Laxmikanta Nayak regarding passing off related to drinking water bottles. The parties suggested a settlement, but the court noted undertakings from the defendant regarding not possessing specific moulds or manufacturing depicted bottles.
Unilever Plc v.Ashok Kumar
The Plaintiffs, Unilever Plc, sought to amend their suit against Ashok Kumar. The court allowed the petition under Clause XIV to combine the cause of action in passing off with that in infringement, and also permitted the Interim Application for amendments. Consequently, a further ad-interim order was granted regarding the passing off claim.
Godrej Consumer Products Ltd v.Deepak Bhatia And Anr
The court heard an interim application and a leave petition filed by Godrej Consumer Products Ltd against Deepak Bhatia and Anr. The court granted the Leave Petition absolute and issued an additional ad-interim order concerning the cause of action in passing off.
M/S. Vipul v.Akshar Sweets And Namkeen
The Gujarat High Court addressed an appeal concerning the non-granting of ad-interim injunction by a lower civil court in a trademark infringement dispute. The appellants, M/S. Vipul, argued that their prima facie case for trademark infringement was strong and continued prejudice was occurring due to the respondent's unauthorized use of a similar brand name after contract termination. Recognizing the urgency and the merits presented, the High Court disposed of the appeal while directing the trial court to expedite the decision on the injunction application within three months, ensuring the existing restraining order remains in effect until then.
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