India Trademark Cases
3,740 decisions indexed
Page 79 of 125 · 3,740 total
Bajaj Finance Limited v.Registrant Of Www.Bajaj-Finserve.Org & Ors.
The Delhi High Court granted an interim order in favor of Bajaj Finance Limited against the registrant of infringing domains. The court found that three specific domain names were clearly violating the petitioner's trademark. Consequently, the concerned Domain Name Registrars (DNRs) were directed to lock these illegal domains, and the Department of Telecommunications/Ministry of Electronics and Information Technology (DOT/MEITY) was mandated to block access to them.
Aktiebolaget Volvo & Ors v.Vaishali Travels & Anr.
In a case concerning the use of the 'VOLVO' trademark, the Delhi High Court facilitated a settlement between the plaintiffs (Aktiebolaget Volvo & Ors) and defendant No. 2. The court ordered that the settlement, wherein the defendant agrees not to use the registered trademark 'VOLVO', must be placed on record within two weeks. This order confirms an earlier interim decision and keeps the litigation moving toward resolution.
Renaissance Hotel Holdings, Inc. v.Rajendra Mahadev Dakare
In this trademark infringement suit, Renaissance Hotel Holdings, Inc. sought a temporary injunction against Rajendra Mahadev Dakare regarding the use of the mark 'RENAISSANCE'. The plaintiff argued that their established global hospitality brand was being threatened by the defendant's application for a similar mark. The Delhi High Court allowed the necessary applications and issued notice to the defendant, allowing the suit to proceed while granting interim relief pending further hearings.
Lupin Limited v.Celon Laboraatories Private Limited
Lupin Limited sought an urgent interim injunction in the Bombay High Court against Celon Laboraatories Private Limited for alleged trademark infringement and passing off. The dispute centered on the use of the mark BIVASSA by the defendant, which was deemed deceptively similar to the plaintiff's registered anti-cancer drug mark BEVAZZA. The court found a sufficient prima facie case and granted an ad-interim injunction.
Kulvinder Singh Kohli & Anr. v.Monsendeep Kaur
The Delhi High Court granted an interim ex-parte injunction to Kulvinder Singh Kohli & Anr. against Monsendeep Kaur regarding the trademark 'Pamoist'. The plaintiffs established that they were prior adopters and users of the mark, which was used by their charitable trust before being transferred to Pamoist International. This preliminary order restrains the defendant from using the disputed mark or similar variants until the matter is further heard, while clarifying that the Trademark Registry retains full authority over the opposition proceedings.
Mahaan Foods Ltd & Anr. v.Calpro Specialities Pvt Ltd
In this Delhi High Court matter concerning trademark disputes, the court observed significant procedural difficulties on the part of the respondent. Despite being notified about the termination of key trademark license agreements, the respondent failed to provide a formal response and instead changed legal counsel without adequate instructions. Given these compounding issues, the bench decided to stay the operation of the impugned orders in the appeals, allowing time for the matter to be properly addressed.
Anil Rathi v.Shree Sidhbali Steels Private Limited & Ors.
This Delhi High Court order addresses a trademark dispute concerning the use of 'Rathi' in manufacturing steel items. The plaintiff, Anil Rathi, challenged the defendants' use of the mark, alleging that a lease agreement was merely a camouflage for unauthorized production. While the defendants claimed they were operating under a valid license, the court allowed the plaintiff to file an additional affidavit and documents regarding a guarantee provided by Defendant No.1 to secure loans for Defendant No.2. The interim injunction remains in place pending further arguments.
Sun Pharma Laboratories Limited v.Salud Care (India) Private Limited
Sun Pharma Laboratories Limited filed an interim application alleging that Salud Care (India) Private Limited was manufacturing and marketing a pharmaceutical preparation under the mark PROLOMEK, which was confusingly similar to Sun Pharma's registered trademark PROLOMET. The court found a prima facie case of infringement and passing off.
Good Luck Paints And Chemicals v.Arunachala Industries
Good Luck Paints And Chemicals filed a civil suit against Arunachala Industries alleging infringement of its 'GOODLUCK' trademark, passing off, and copyright violation related to the distinctive blue and yellow color scheme and container design used for paints. The plaintiff sought perpetual injunctions and damages. However, the matter was resolved when the defendant provided an undertaking confirming they had ceased using the label and returned unused materials.
Sun Pharma Laboratories Limited v.Nova Indus Pharmaceuticals And Anr
Sun Pharma Laboratories Limited filed a commercial IP suit alleging trademark infringement and passing off against Nova Indus Pharmaceuticals. The court examined the extreme phonetic and structural similarity between the marks PANTOCID and PANZOCID, finding that there was a sufficient prima facie case.
Uyir Agriculture Private Limited v.Ueir Organic Food Private Limited
The Madras High Court allowed the Civil Revision Petitions, restoring an interim trademark injunction previously vacated by the lower court. The dispute centered on whether the petitioner had complied with procedural requirements under Order XXXIX Rule 1 of CPC after receiving the initial injunction. The High Court found that the delay in filing the compliance affidavit was excusable due to logistical constraints during the COVID-19 pandemic, thereby interfering with and setting aside the order that vacated the injunction.
Raaj Unocal Lubricants Limited v.Apple Energy Pvt Ltd & Anr.
The Delhi High Court granted an interim injunction favoring Raaj Unocal Lubricants Limited. The court restrained the defendants from pursuing a related civil action before the U.S. District Court at Southern District of Texas, as well as preventing them from manufacturing or selling goods using trademarks identical or deceptively similar to UNOCAL and UNOCAL 76 in India. This decision protected the plaintiff's established rights derived from its licensing agreement with UNOCAL.
Sagar Ratna Restaurants Pvt Ltd v.D S Foods & Ors.
Sagar Ratna Restaurants Pvt Ltd challenged an order that referred its trademark dispute against D S Foods & Ors. to arbitration. The petitioner asserted ownership of the trademarks "SAGAR," "RATNA," and "SAGAR RATNA" and alleged infringement by the respondents, who were franchisees. Despite arguments for arbitrability based on the franchise agreement, the Delhi High Court ultimately intervened, finding that the core dispute concerning trademark rights was not amenable to arbitration due to inherent jurisdictional limitations.
Cutis Biotech Thr.Its Sole Prop. v.Serum Institute of India Private
This Bombay High Court appeal addressed a dispute over the trademark 'Covishield' between Cutis Biotech and Serum Institute of India. Although both parties had pending applications for the mark, Cutis Biotech sought an interim injunction based on passing off. The court ultimately dismissed the appeal, finding that the balance of convenience did not favor the appellant, especially given the critical public health role of the 'Covishield' vaccine in ongoing vaccination drives.
Perenniala Health Care India Private Limited v.S.Samsen Papli
Perenniala Health Care India Private Limited filed a suit seeking declarations of exclusive rights over the FRANCH trademarks and associated artistic works, along with permanent injunctions against alleged infringement. The plaintiff sought to nullify certain assignment deeds executed by the defendants. However, due to the plaintiff failing to appear or prosecute the case despite court notices, the Madras High Court dismissed the entire suit.
Snapdeal Private Limited v.Godaddycom Llc And Ors
Snapdeal Private Limited filed an application seeking a temporary injunction against Godaddycom and others, alleging widespread infringement of its registered 'SNAPDEAL' trademark through the registration and offering of infringing domain names. The court examined the feasibility of granting such a broad injunction, particularly concerning the ability to prevent the registration of any domain name containing the mark. While acknowledging the plaintiff's claims of infringement, the judge required further clarification from the defendant regarding the practical implementability of the requested relief before making a final decision on the interim order.
The Himalaya Drug Company & Ors v.Ashok Kumar & Ors
The Delhi High Court issued interim protective orders in favor of The Himalaya Drug Company against Ashok Kumar & Ors regarding trademark infringement. The court restrained the defendants from using Himalaya's registered logos, trademarks (including 'Himalaya Pure Herbs'), specific domain names like <himalayawelness.com>, and associated email IDs. Furthermore, the court directed the freezing of certain websites and domain names to prevent further unauthorized capitalization on the plaintiff's goodwill.
Franco-Indian Pharmaceuticals Pvt Ltd v.Nutramarck Lifesciences Pvt Ltd
This interim application sought relief concerning the alleged infringement of a trademark (STIMULIV) by the defendant (Nutramarck Lifesciences Pvt Ltd), which was using the mark IMMULIV. The defendant, through its director, provided assurances that they would cease manufacturing and using the impugned marks.
Franco-Indian Pharmaceuticals Pvt Ltd v.Nutramarck Lifesciences Pvt Ltd
This interim application was filed regarding a trademark dispute between Franco-Indian Pharmaceuticals Pvt Ltd and Nutramarck Lifesciences Pvt Ltd. The defendant, through its director Mr Abhinav, stated that they had stopped manufacturing products with the impugned mark IMMULIV and would remove them from e-commerce websites within two weeks.
M/S MATHSTRAMAN MANUFACTURES AND TRADERS PRIVATE LIMITED v.Controller General of Patents Designs and Trademarks
The Kerala High Court granted an interim order in favor of M/S Mathstraman Manufactures and Traders Private Limited. The court directed that the petitioner's registered trademark numbers (1326035 and 1326036) shall not be removed from the register while the Writ Petition is pending final disposal. This stay provides immediate protection to the petitioner against administrative action by the Controller General of Patents.
M/S Nutrica Pusti Healthcare Pvt. Ltd. v.M/S Morepen Laboratories Ltd.
The Delhi High Court dismissed the appeal filed by Nutrica Pusti Healthcare Pvt. Ltd., upholding the Commercial Court's interim injunction against Morepen Laboratories Ltd. The court found that the marks used by the appellants were deceptively similar to those of the respondents, particularly considering the pharmaceutical context and potential for consumer confusion. This judgment reinforces the strict application of trademark principles in the highly regulated pharma sector.
Gujarat Cooperative Milk Marketing Federation Ltd v.Amul-Franchise.in & Ors.
The Delhi High Court granted relief to Gujarat Cooperative Milk Marketing Federation Ltd (AMUL) in its ongoing trademark infringement suit. The court allowed AMUL to implead new parties, including the domain registrar and Google LLC, to pursue fraudulent activities related to their brand. Crucially, the court ordered the suspension and blocking of the infringing domain name www.educationdindia.com and directed the freezing of a specific bank account linked to the alleged infringement.
Franco-Indian Remedies Pvt Ltd v.Unihelix Biotech Pvt Ltd
The Plaintiff filed a suit for trademark infringement and passing off regarding its mark FINATE used in cholesterol control formulations. The Defendant was using the mark FERINATE XT. The Court found a prima facie case due to the confusing similarity between the marks, leading to an interim injunction favoring the Plaintiff.
Fdc Limited v.Shripal Mangalchand Jain
Fdc Limited filed a Commercial IP Suit against Shripal Mangalchand Jain regarding trademark infringement. The dispute centers on FDC's mark PYRIMON (used for anti-bacterial isolation) versus the Defendant's mark PRIMON-N (used for birth control pills and menopausal hormone therapy).
Ganesh Grains Ltd. v.Ganesh Department Stores
Ganesh Grains Ltd. filed a suit against Ganesh Department Stores seeking urgent interim relief under Section 12A of the Commercial Courts Act, 2015. The court admitted the plaint subject to departmental scrutiny and granted leave for interim protection in the infringement and passing off suit.
Swatch AG v.Suresh Kumar
Swatch AG filed a suit seeking permanent injunction against Suresh Kumar for infringing its well-known trademark 'SWATCH' by adopting the domain name www.swatchclub.in to sell similar goods. The court found that the impugned domain name was identical and deceptively similar, leading to huge losses for the plaintiff.
Ajanta Pharma Limited v.Uniray Life Sciences
Ajanta Pharma Limited filed an interim application alleging that Uniray Life Sciences was using the competing mark ACNO GEL, which infringed upon Ajanta's registered trademarks (ACNO and ACNO-C) used for acne treatment. The court found a sufficient prima facie case and granted an ad-interim injunction.
Kbm Foods Pvt. Ltd. v.Sachin Gupta
The Delhi High Court granted an interim injunction in favor of Kbm Foods Pvt. Ltd. against Sachin Gupta, preventing the use of similar marks and trade dress for spices. The court found that the plaintiff had established a prima facie case of passing off based on long-standing prior use (since 1969) and significant goodwill associated with the 'GAI CHAAP' mark and 'COW' device. This decision underscores the importance of demonstrating continuous, bona fide usage when asserting trademark rights in the FMCG sector.
Laboratories Griffon Pvt Ltd v.Ramesht Industry Pvt Ltd
The Plaintiffs, Laboratories Griffon Pvt Ltd, filed a suit alleging trade mark infringement and passing off against the Defendants, Ramesht Industry Pvt Ltd. The dispute centers on the use of identical or confusingly similar marks (GLIMET, GLIMET-1, GLIMET-2) for pharmaceutical products used in treating diabetes. The Court found a prima facie case and granted an ad-interim injunction.
Sony Interactive Entertainment Europe v.Union Of India And Ors
Sony Interactive Entertainment Europe challenged the refusal of its trademark registration by the Registrar of Trademarks. The Delhi High Court disposed of the writ petition, directing the Registrar to treat the matter as a representation and reconsider the registration issue. This interim order allows Sony to address the concerns raised under Section 9 of the Trademarks Act without immediately litigating the merits in court.
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