India Trademark Cases
3,740 decisions indexed
Page 84 of 125 · 3,740 total
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.
M/s Audioplus v.Manoj Nagar
The Delhi High Court granted an interim injunction in favor of M/s Audioplus against Manoj Nagar regarding trademark infringement. Audioplus, owner of the registered mark 'STUDIOMASTER' for audio equipment, alleged that Nagar was attempting to capitalize on its reputation using deceptively similar marks like 'STUDIOMIN' and 'STUDIOMAN'. The court found that Audioplus had established a prima facie case and granted immediate relief, restraining the defendant from using the impugned trademarks pending the full trial.
Cerveciria Modelo De Mexico, S. De R.L. de C.V. v.Whiskin Spirits Pvt. Ltd.
The Delhi High Court granted an ad interim injunction in favor of Cerveciria Modelo De Mexico regarding its registered trademark 'CORONA'. The plaintiff alleged that the defendant was using social media advertisements that disparaged its product by likening it to Coronavirus. The court found a prima facie case for disparagement and ruled that granting the injunction was necessary to protect the plaintiff's statutory and commercial interests, temporarily halting the offending advertisement.
Darshan Singh & Sons (Huf) v.Baldev Singh Trading As M/S Madaan Plastic Industry & Anr.
The Delhi High Court dismissed an appeal filed by Darshan Singh & Sons (Huf) challenging an injunction preventing them from using the trademark 'House of Madaan'. The court found that the respondent, Baldev Singh Trading As M/S Madaan Plastic Industry, was the prior and exclusive owner of the similar mark 'MADAAN' since 2003. Although the appeal was dismissed, the parties reached a settlement where the injunction was modified into a comprehensive undertaking by the appellant to cease using the disputed trademark until the final disposal of the suit.
Ds Confectionery Products Limited v.Mehul Bhai Kachhadiya And Anr.
The Delhi High Court granted an interim injunction in favor of Ds Confectionery Products Limited against Mehul Bhai Kachhadiya and others. The plaintiff alleged that the defendants were manufacturing and selling fruit candies under a phonetically similar mark ('PULLS') and using deceptively similar packaging to the registered trademark 'PULSE'. The court found that the plaintiff had established a prima facie case, and granted relief to prevent consumer confusion while the suit proceeds.
M/S Tirath Ram Jai Prakash v.Tirath Ram Jai Prakash & Co.
This Delhi High Court judgment confirms a settlement reached between M/S Tirath Ram Jai Prakash and Tirath Ram Jai Prakash & Co. regarding the trademark 'POOJA RAKHI'. The parties, who had previously sought mediation, agreed that the defendant would cease using the mark in Class 25 Wrist Band items. In exchange for this undertaking, the plaintiff waived claims for damages or profits, leading to the suit being decreed based on the settlement terms.
Yanka Industries Inc. v.Starnet Masterschool Pvt. Ltd.
In a settlement order issued by the Delhi High Court, Yanka Industries Inc. and Starnet Masterschool Pvt. Ltd. reached an agreement regarding trademark infringement concerns. The defendant agreed to change its trademark and logo from 'Master School' to 'Celebrity School' within two weeks. Furthermore, Starnet Masterschool committed to transferring the domain name www.masterschool.in to Yanka Industries, disclosing subscriber details, and removing infringing content from social media platforms.
Ds Confectionery Products Ltd v.Chetan Gupta
In a trademark infringement suit concerning confectionery products, the Delhi High Court granted an interim injunction in favor of Ds Confectionery Products Ltd. The plaintiff alleged that the defendant was using a deceptively similar mark ('PLUSS+') and trade dress for their fruit candies, causing consumer confusion with the registered 'PULSE' brand. Citing a prima facie case and balance of convenience, the court restrained the defendant from continuing the infringing activities until further hearing.
Ds Confectionery Products Ltd. v.Jayesh Pahilajrai Ramani &Anr.
The Delhi High Court granted an interim injunction in favor of Ds Confectionery Products Ltd. against Jayesh Pahilajrai Ramani &Anr. The plaintiff alleged that the defendant was using a phonetically and visually similar mark ('PLUSS') and trade dress to sell fruit candies, causing consumer confusion with the plaintiff's registered trademark 'PULSE'. The court found that the plaintiff had established a prima facie case and that granting relief was necessary to protect its commercial interests.
Alkem Laboratories Ltd. v.Healing Pharma India Pvt. Ltd. & Anr.
The Delhi High Court addressed an infringement suit filed by Alkem Laboratories against Healing Pharma India. The plaintiff alleged that the defendant's trademark and trade dress were deceptively similar, specifically mimicking the plaintiff's 'rising sun' motif. While the court allowed procedural applications for document filing and curing deficiencies, it also moved forward with the litigation by ordering summons to be issued in the main suit.
USV Private Limited v.Ridley Life Science Private Ltd
The Delhi High Court addressed a trademark infringement dispute concerning the use of 'Multi Vitamin Infusion' on pharmaceutical labels. The plaintiff, USV Private Limited, alleged that the defendant's product used emphasized letters ('M', 'V', 'I') in a manner confusingly similar to the plaintiff's registered mark. In a significant development, the court accepted the defendant's willingness to modify the label and remove the disputed words, directing them to file an affidavit confirming this commitment.
adidas AG / adidas India Marketing Private Limited v.Mr. Anwar Ali
Adidas AG and its Indian subsidiary filed a suit against Mr. Anwar Ali for infringing their registered trademarks ("adidas", "three bars", etc.) and copyrights on shoes and accessories. The court found that the defendant was manufacturing, stocking, and selling inferior quality goods using deceptively similar marks, causing damage to Adidas' reputation.
Nike Innovate C.V. v.Mr. Anwar Ali
The plaintiff, Nike Innovate C.V., filed a suit alleging that the defendant was manufacturing, stocking, distributing, and selling infringing shoes and accessories bearing identical or deceptively similar 'Nike' trademarks and logos in Delhi. The court found that the defendant was causing confusion and deception among the public by using falsified marks on inferior quality goods.
GS1 India v.Barcodes Sl & Ors
GS1 India successfully secured an ad-interim injunction against a competitor operating barcode allocation websites. GS1, the sole licensed body in India for issuing standardized barcodes starting with '890', alleged that Defendant No. 1 was illegally allocating non-compliant and unverifiable codes, causing consumer deception. The Delhi High Court found a prima facie case in favor of GS1, granting the injunction to protect its trademark rights and prevent irreparable harm to both itself and innocent customers.
fdc limited v.zodley pharmaceuticals pvt ltd
FDC Limited sued Zodley Pharmaceuticals Pvt. Ltd. for infringement of its registered trademark ZIPOD (Class 5 - pharmaceuticals) alleging that Zodley was using the deceptively similar mark ZOPOD. FDC claimed ZOPOD had been in use since 2007 and achieved significant sales, while Zodley applied to register ZOPOD later.
G4S Plc.(Formerly Known As Group 4 Securicor Plc) v.G4 Excellence Management Security Solutions Private Limited
The Delhi High Court addressed several procedural applications and the core claim of trademark infringement brought by G4S Plc against G4 Excellence Management Security Solutions Private Limited. While granting various procedural exemptions, the court specifically dealt with an application seeking an ad interim injunction. The court found that before deciding on the merits of the infringement claim—where G4S alleged deceptive similarity using marks like 'G4EX' and 'G4 Excellence'—the defendant must be granted a full opportunity to respond. Consequently, notice was issued to the defendant for a hearing scheduled in June 2020.
Vidya Mandir Classes Limited v.Swastik Classes Private Ltd &Others
In this intellectual property dispute concerning educational services, the Delhi High Court issued an order addressing interim relief. The defendants committed to ceasing the use of the plaintiff's registered trademark and returning existing course materials. Furthermore, both parties indicated a willingness to refer the ongoing disputes to sole arbitration, while also agreeing to provide a list of affected students to determine their future enrollment.
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