India Trademark Cases
3,667 decisions indexed
Page 82 of 123 · 3,667 total
Road Master Autotech Pvt. Ltd. v.Milan Roadmaster Corporation & Ors.
The Delhi High Court disposed of an appeal concerning trademark infringement between Road Master Autotech Pvt. Ltd. and Milan Roadmaster Corporation & Ors. The dispute centered on the use of similar trade names like 'Road Faster' and 'Milan Road Master.' Through a settlement, the respondents agreed to cease using the disputed marks and withdraw their applications for registration. Consequently, the court disposed of the appeal, allowing the appellant to proceed with seeking a decree in the underlying suit.
McDonalds Corporation And Anr v.National Internet Exchange Of India And Ors
The Delhi High Court granted an interim injunction in favor of McDonald's Corporation against various defendants accused of fraudulent activities. The court found a prima facie case for the plaintiffs, recognizing that the defendants were misusing the 'McDonald's' trademark, Golden Arches Logo, and associated domain names to offer fake franchise opportunities. This crucial order restrained the defendants from infringing on McDonald's intellectual property rights and directed them to freeze relevant bank accounts.
M/S Hari Chand Shri Gopal v.Evergreen International (Through Its Proprietor)
The Delhi High Court granted an ad interim injunction in favor of M/S Hari Chand Shri Gopal against Evergreen International. The court found a prima facie case of trademark infringement and passing off, noting that despite no phonetic similarity between 'GOPAL' and 'KRISHNA', there was clear conceptual similarity and deceptive trade dress. This ruling temporarily halts the defendant's sale of similar chewing tobacco products until the full trial.
Montblanc Simplo Gmbh v.Montblancindia.Com & Ors.
The Delhi High Court issued crucial interim directions in favor of Montblanc Simplo Gmbh against alleged counterfeiters. Recognizing ongoing illegal activities, including the sale of fake products using the registered trademark and the use of an infringing website, the court ordered the immediate freezing of specific bank accounts linked to the defendants. Furthermore, it directed the domain registrar (GoDaddy) to suspend the problematic website, www.virtuindia.co.in, protecting public interest while the main litigation proceeds.
Fk Bearing Group Co Ltd. v.M/S Kunal Trading Corp & Anr.
The Delhi High Court granted an ad-interim injunction favoring Fk Bearing Group Co Ltd. against M/S Kunal Trading Corp & Anr. The dispute centered on the unauthorized use of the plaintiff's distinctive trademark (FK/) and associated artistic logo/trade dress for manufacturing and selling bearings. Given that the plaintiff demonstrated a prima facie case, irreparable loss, and balance of convenience in its favor, the court issued a restraining order against all defendants from dealing in the infringing goods until further hearing.
Exxon Mobil Corporation v.M/S. Mobil House
The Delhi High Court granted an interim injunction in favor of Exxon Mobil Corporation against M/S. Mobil House, finding a prima facie case of trademark infringement. The court noted that the plaintiff owns the registered trademark 'Mobil' for lubricant oils, while the defendant was using it in their trade name, causing market confusion. Consequently, the defendant was immediately restrained from using the disputed mark across all platforms until further hearing.
Danone Asia Pacific Holdings Pte Ltd. v.Alexi Pharmicia & Anr.
The Delhi High Court granted an ad-interim ex-parte injunction in favor of Danone Asia Pacific Holdings Pte Ltd. against Alexi Pharmicia & Anr. The dispute centered on the alleged infringement of Danone's proprietary rights, including its registered trademark 'PROTINEX,' trade dress, and associated copyrights, by the defendants who were selling a deceptively similar product under the mark 'PROTILEX.' The court found that the plaintiff had made out a prima facie case and that granting an injunction was necessary to prevent irreparable loss.
Tv Today Network Limited v.Network18 Media & Investments Limited
In this trademark infringement suit, Tv Today Network Limited alleged that Network18 Media & Investments Limited was slavishly copying its marks, including "DILLI KE DIL MEIN KYA HAI" and "AGENDA AAJ TAK." While the court allowed procedural applications for both parties, it also noted disputes regarding the abandonment of certain marks. Crucially, the defendant provided an undertaking to refrain from using the registered mark 'DILLI KE DIL MEIN KYA HAI' pending further judicial review.
ABP Private Limited & Anr. v.Registrar of Trade Marks, Kolkata & Ors.
The petitioners challenged the Registrar of Trade Marks for allegedly treating several trade mark applications as 'abandoned' without following the prescribed statutory framework under the Trade Marks Act, 1999. The court found that the procedure laid down in Section 132 and Rule 38(4) and (5) was not followed, despite the petitioner sending a reply to the objection.
Anhueser Busch Llc v.Rishav Sharma & Ors
Anhueser Busch LLC successfully obtained an ad interim injunction against Rishav Sharma and others in the Delhi High Court. The plaintiff alleged that defamatory videos published on social media platforms were infringing its registered 'Budweiser' trademark and causing commercial disparagement by falsely depicting employees urinating in the beer. The court found a prima facie case existed, granting immediate relief to prevent further harm until the final hearing.
Raf Stationery Mfg Co. v.Ms Goel Trading Co Through Its Proprietor Mr Ankur Goel & Ors.
The Delhi High Court granted an interim injunction in favor of Raf Stationery Mfg Co. against Ms Goel Trading Co. The court found prima facie evidence that the defendant was infringing on the plaintiff's common law trademark rights by using deceptively similar marks, specifically 'DIGITAL PLUS+' and 'GTC DIGITAL PLUS+'. Given the extensive use of the plaintiff's marks and the potential for irreparable harm to its commercial interests, the defendants were immediately restrained from manufacturing or selling the disputed products.
Havells India Limited v.Ratheesh Govindan & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Havells India Limited against the defendants, finding a prima facie case of trademark infringement. The dispute centers on the unauthorized use of deceptively similar marks and logos (like STANDARD, STANGUARD, and HOMESAFE) by the respondents for electrical products. The court recognized that the plaintiffs possess common law rights in these brands due to long-term usage. Consequently, the defendants were directed to suspend exports and disclose their manufacturing sources pending further hearings.
Nutricia International Pvt. Ltd. v.Hexalac Healthcare Pvt. Ltd. & Ors.
Nutricia International Pvt. Ltd. successfully secured an ad-interim ex-parte injunction in the Delhi High Court against Hexalac Healthcare Pvt. Ltd. and others regarding the use of a similar mark for infant food products. The plaintiff, owner of the registered trademark DEXOLAC, alleged that former employees were manufacturing and selling competing products under the name HEXALAC. The court found that the plaintiff had made out a prima facie case and granted the injunction to prevent irreparable loss while the suit proceeds.
New Bharat Overseas v.Kian Agro Processing Private Limited & Ors.
The Delhi High Court addressed a trademark infringement suit concerning the mark 'TAJ MAHAL' used for rice. While the plaintiff holds Indian registration, the court noted that a Saudi Arabian entity also possesses similar trademark rights in its country of origin. The court allowed both parties time to file detailed written statements and granted an undertaking from the defendant not to sell or distribute the product outside India and Saudi Arabia. Crucially, the court directed the plaintiff to array the foreign entity as a party, indicating that the matter requires further examination regarding international trademark rights.
Indoco Remedies Ltd. v.Bristol Myers Squibb Holdings Ireland Unlimited Company
This order from the Delhi High Court addresses procedural matters in the dispute between Indoco Remedies Ltd. and Bristol Myers Squibb Holdings Ireland Unlimited Company regarding the trademark 'APIXABID'. The court allowed certain exemption applications while also granting time to the respondents to file a reply concerning objections raised against the sale of 58,000 strips under the brand name.
M/S Babu Ram Om Prakash v.Mr. Roger Aoun
The Delhi High Court granted an ad-interim injunction in favor of M/S Babu Ram Om Prakash against Mr. Roger Aoun regarding the use of the trademark 'BLACK DIAMOND'. The plaintiff, a long-standing manufacturer of cosmetics and mehandi products, alleged that the defendant was deceptively adopting their registered mark. Citing prima facie evidence and irreparable loss, the court restrained the defendant from using the disputed mark until further hearing.
Ds Confectionery Products Limited v.Amber Confectionery Pvt Limited And Ors.
The Delhi High Court disposed of a civil suit concerning trademark infringement related to the 'TANGY TWIST' tag line and accompanying trade dress. The parties reached an out-of-court settlement, which the court formally accepted and decreed. Crucially, the judgment noted that this settlement does not constitute an admission of liability by the defendants and will not bind any third party.
M/S Aman Engineering Works v.Registrar, Trade Marks, Trade Marks Registry, New Delhi & Anr.
M/S Aman Engineering Works challenged the Trade Mark Registry's decision to allow review applications filed years after trademark applications were allegedly abandoned due to non-attendance at hearings. The Petitioner argued that the Senior Examiner lacked jurisdiction to condone delays far exceeding statutory limits, citing Supreme Court precedent. The Delhi High Court found a prima facie case in favor of the Petitioner and granted an interim stay on the impugned orders while further legal issues regarding the condonation of over 16 years of delay are examined.
Rajkumar Sabu v.Kaushalya Devi Sabu & Ors.
The Delhi High Court granted an application by the Plaintiff, Rajkumar Sabu, allowing for the appointment of Local Commissioners. The dispute centers on the unauthorized use of the registered trademark 'SACHAMOTI' by the Defendants, who continued to sell products bearing the registration symbol (®) despite prior court orders prohibiting such usage. The commissioners were authorized to inspect premises, seize infringing goods and packaging, and take related documentation.
Gallup Inc. v.Impetus Research Pvt. Ltd.
The Delhi High Court granted an interim injunction in favor of Gallup Inc. against Impetus Research Pvt. Ltd., finding a prima facie case of trademark infringement. The court recognized Gallup's well-known status and extensive global trademark registrations, noting that the defendant's use of 'GALLUP' could cause irreparable damage to the plaintiff's goodwill. This order allows the suit to proceed with immediate protection for the brand.
Ht Media Limited & Anr. v.Brainlink International, Inc. & Anr.
In a dispute concerning the domain name www.hindustan.com, the Delhi High Court facilitated a settlement between Ht Media Limited and Brainlink International. The court suggested that if the defendants agree to pay an agreed lump sum in costs, they will withdraw all oppositions filed against the plaintiff's trademarks and also drop their suit in the USA. This arrangement aims to bring a definitive end to the ongoing disputes between both parties.
USV Private Limited v.Martin And Brown Bio Sciences
In this Delhi High Court order, USV Private Limited sought relief against Martin And Brown Bio Sciences regarding alleged trademark infringement. While the court allowed both parties to submit further documentation and cure deficiencies, it also issued a temporary restraint on the defendant from using the disputed or similar trademarks. The proceedings were set for further action, including a potential joint application to dispose of the suit.
Sunstar Joint Stock Company & Anr. v.Mr. Arvind Kumar Aggarwal & Anr.
The Delhi High Court settled a trademark dispute between Sunstar Joint Stock Company and Mr. Arvind Kumar Aggarwal. The parties reached an amicable agreement, leading the court to decree the suit based on specific prayers in favor of the plaintiff. Crucially, Defendant No. 1 was directed to assign its registered Trademark (No. 3750648) for 'Thai Duong' to Sunstar Joint Stock Company, resolving the core ownership conflict.
USV Private Limited v.Paksons Pharmaceutical Pvt Ltd
The Delhi High Court granted an interim injunction in favor of USV Private Limited against Paksons Pharmaceutical Pvt Ltd, finding a prima facie case of trademark infringement and passing off. The court noted that the defendant's use of a deceptively similar mark for 'Multi Vitamin Infusion' could mislead consumers into believing the product originated from the plaintiff. Consequently, the defendant was restrained from using the infringing trademark until further hearing.
Delhivery Private Limited v.Treasure Vase Ventures Private Limited
Delhivery Private Limited successfully secured an ad-interim injunction against Treasure Vase Ventures Private Limited in the Delhi High Court. The court found a prima facie case based on the use of the deceptively similar mark 'DELIVERE' by the defendant, which closely resembles Delhivery's registered trademark 'DELHIVERY'. This interim order immediately restricts the defendant from using the infringing mark across its goods and services until further proceedings.
USV Private Limited v.Akme Biotec
The Delhi High Court granted an interim injunction in favor of USV Private Limited against Akme Biotec. The court found that USV had established a prima facie case regarding trademark infringement, noting that the defendant was attempting to capitalize on the goodwill associated with USV's registered marks (VI-SYNERAL/VISYNERAL). Consequently, the defendant and its associates were restrained from using any deceptively similar trademarks until further orders.
Ds Confectionery Products Ltd. v.Mahadev Confectionery & Ors.
The Delhi High Court addressed two matters concerning trademark disputes between Ds Confectionery Products Ltd. and Mahadev Confectionery & Ors. In the main suit, the matter was adjourned to allow further negotiation regarding a proposed change of trademark by the defendants. Separately, the court issued notice for an application filed by the plaintiff under Section 124 of the Trade Marks Act, 1999, setting a date for the defendant's reply.
Condor Footwear Limited v.Rajesh Jain
The Delhi High Court granted an interim injunction in favor of Condor Footwear Limited against Rajesh Jain, finding a prima facie case of trademark infringement. The court noted that the defendant's proposed trademark was deceptively similar to the plaintiff's registered mark 'AEROWALK' and was being used for the same goods (footwear). Given the potential irreparable harm to the plaintiff's established business interests, the court issued an immediate stay on the use of the disputed marks.
Aktiebolaget Volvo & Ors. v.Mantis Technologies Pvt. Ltd. & Ors.
The Delhi High Court ruled in favor of Volvo, granting permanent injunctions against several defendants for infringing and passing off the 'VOLVO' trademark. The court also ordered the transfer of specific domain names held by other defendants to Volvo. Furthermore, substantial damages were awarded to Volvo against those who willfully used the mark while evading legal proceedings, reinforcing the principle that evasion does not shield commercial gain.
Ms Industries And Spirits P Ltd v.M/S. Allied Blenders And Distillers Pvt ...
This appeal challenged the orders passed by the City Civil Court that granted an ex parte ad interim injunction in a suit concerning alleged trademark and copyright infringement. The plaintiff claimed their 'Officer's Choice' brand was being copied by the defendant's 'Manjeera Classic No.1 Whisky'. However, the Telangana High Court set aside these initial injunction orders, finding that the lower court failed to provide adequate reasons for granting the ex parte relief as mandated by law. Consequently, the matter was remanded back to the trial court for a fresh and balanced adjudication.
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