India Trademark Cases

3,667 decisions indexed

Page 87 of 123 · 3,667 total

trademark plaintiff favorable · May 24, 2019

Unilever Plc v.Deluxe Ice Cream Factory

Bombay High Court · COMIP (L) NO. 583 OF 2019

Unilever Plc filed a suit against Deluxe Ice Cream Factory alleging infringement and passing off related to its well-known trademarks, specifically FEAST and CORNETTO. The court granted perpetual injunctions restraining the defendant from using deceptively similar marks like CHOCO FEAST, CONATTO, and CONETO in relation to ice creams and frozen desserts.

trademark plaintiff favorable · May 20, 2019

Unilever Plc. v.Masqati Dairy Products

Bombay High Court · 910-NMCDL-1242-2019

Unilever Plc. filed a commercial IP suit against Masqati Dairy Products alleging infringement and passing off related to its trade mark 'FEAST'. The court granted leave and decreed the suit, restraining the defendant from using the similar mark 'CHOCO FEAST' in relation to frozen desserts.

trademark plaintiff favorable · May 20, 2019

Unilever Plc. v.Masqati Dairy Products

Bombay High Court · 910-NMCDL-1242-2019

Unilever Plc. filed a commercial IP suit against Masqati Dairy Products regarding the alleged infringement and passing off related to its registered trade mark 'FEAST'. The court granted leave under Clause XIV of the Letters Patent Act and decreed the suit in favor of Unilever.

trademark mixed · May 15, 2019

Dayco Ip Holdings Llc v.Mago Gurupriit S, Prop. Jay Kay International

Bombay High Court · 925-NMCDL-2294-2018

The Bombay High Court addressed a Notice of Motion concerning the non-compliance by the defendant with specific terms outlined in prior Consent Terms. The court directed the defendant, Mago Gurupriit S., to adhere strictly to the agreed-upon obligations, which included destroying all infringing goods and packaging bearing the plaintiff's marks, as well as unconditionally canceling his relevant trademark registration (No. 3082945). This ruling underscores the importance of adhering to court-mandated settlement terms in IP disputes.

trademark plaintiff favorable · May 14, 2019

Cedar Properties & Trading Llp & Ors. v.Hab Pharmaceuticals & Research Limited & Ors.

Delhi High Court - Orders · CS (COMM) 254/2019

The Delhi High Court granted a temporary injunction in favor of Cedar Properties & Trading LLP against Hab Pharmaceuticals & Research Limited. The plaintiffs claimed that the defendants were using the deceptively similar trademark 'DROTIOST' for pharmaceutical preparations, infringing upon their registered mark 'DROTIN'. Given the potential for consumer confusion in the medical field, the court restrained the defendant from manufacturing or selling products under the impugned mark until further hearing.

trademark plaintiff favorable · May 13, 2019

Unilever Plc v.Preeti Ice Creams

Bombay High Court · Commercial IP Suit (L) No.601 of 2019

Unilever Plc filed a commercial IP suit against Preeti Ice Creams alleging infringement and passing off related to the trade mark 'FEAST'. The Bombay High Court granted leave under the Letters Patent Act and decreed the suit in favor of Unilever.

trademark interim order · May 13, 2019

Hindustan Unilever Ltd. v.Mak Traders

Bombay High Court · CS(COMM) 487 of 2019

This notice of motion pertains to an ongoing Commercial IP Suit where Hindustan Unilever Ltd. sought protection for its distinctive SURF EXCEL trade dress against Mak Traders' competing detergent products. The court granted an ad-interim injunction restraining the defendant from using any trade dress or mark deceptively similar to the Plaintiff's.

trademark plaintiff favorable · May 13, 2019

Unilever Plc v.Preeti Ice Creams

Bombay High Court · Commercial IP Suit (L) No.601 of 2019

Unilever Plc filed a commercial IP suit against Preeti Ice Creams alleging infringement and passing off related to the trade mark 'FEAST'. The court granted leave under the Letters Patent Act and decreed the suit, imposing perpetual injunctions on the defendant.

trademark plaintiff favorable · May 13, 2019

Unilever Plc v.Preeti Ice Creams

Bombay High Court · Commercial IP Suit (L) No.601 of 2019

Unilever Plc filed a commercial IP suit against Preeti Ice Creams alleging infringement and passing off related to the trade mark 'FEAST'. The Bombay High Court granted leave under the Letters Patent Act and decreed the suit in favor of Unilever.

trademark plaintiff favorable · May 10, 2019

Amrit B Sanghavi v.Dhanraj Surana

Bombay High Court · 925-NMCDL-1251-2019

The suit involved a dispute over trademark infringement and passing off. The court granted permanent injunctions restraining the defendants from infringing the plaintiff's registered mark 'ITONE' with the use of 'DITONE', and also restrained them from passing off the plaintiff's goods.

trademark plaintiff favorable · May 10, 2019

Ultratech Cement Limited v.Hari Om Plasters

Bombay High Court · 916-NMCDL-1199-2019-UR

Ultratech Cement Limited filed a suit against Hari Om Plasters alleging trademark infringement concerning various 'BIRLA' branded products. The court, after reviewing the site report and inventory of seized goods, granted leave to the plaintiffs. Crucially, the court passed a temporary order restraining the defendants from using any mark identical or deceptively similar to the registered 'BIRLA' trademarks, including specific variants like 'BIRLA WHITE' and 'BIRLA PLUS', pending the final hearing of the suit.

trademark interim order · May 9, 2019

Hindustan Unilever Limited v.Mak Traders

Bombay High Court · Commercial IP Suit (L) No.487 of 2019 / Notice of Motion (L) No.1046 of 2019

Hindustan Unilever Limited filed a Commercial IP Suit against Mak Traders alleging infringement and passing off related to their detergent preparations. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an ad-interim injunction.

trademark interim order · May 7, 2019

Asian Paints Limited v.Rainbow Colours Co. and others

Bombay High Court · 909-NMCDL1058-2019

Asian Paints Limited filed a Commercial IP Suit against Rainbow Colours Co. and others alleging infringement of its distinctive trademarks and trade dress related to wall primers. The Bombay High Court granted leave under the Letters Patent Act and passed an order granting an interim injunction.

trademark interim order · May 7, 2019

Asian Paints Limited v.Phinex Paints and Polychem Industries

Bombay High Court · 910-NMCDL-1062-2019 (Notice of Motion)

Asian Paints Ltd filed a Commercial IP Suit against Phinex Paints and Polychem Industries alleging trademark infringement and passing off. The Bombay High Court granted leave under the Letters Patent Act and passed an order granting an interim injunction.

trademark plaintiff favorable · May 2, 2019

Metro Brands Limited v.Reliance Retail Limited

Bombay High Court · COMMERCIAL IP SUIT (L) NO.559 OF 2019

The Bombay High Court passed an order by consent in a Commercial IP Suit concerning trademark infringement and passing off. The court granted permanent injunctions against Defendant Nos. 1 and 2, restraining them from infringing or passing off the Plaintiff's registered METRO marks. Additionally, Defendants Nos. 1 and 2 were directed to pay costs of Rs. 10 Lakhs.

trademark interim order · Apr 25, 2019

Hotel Panchavati v.Hotel Panchawati

Bombay High Court · 930-NMCDL-999-2019

The Plaintiffs filed a commercial IP suit against the Defendants alleging infringement of their well-known PANCHVATI trademarks in the hospitality sector. The court granted leave under Clause XIV of the Letters Patent Act and passed an interim order restraining the defendants from using the infringing marks and domain names.

trademark plaintiff favorable · Apr 22, 2019

Hindustan Unilever Limited v.Shree Shyam Udyog and Ors.

Bombay High Court · COMMERCIAL IP SUIT NO.599 OF 2019

Hindustan Unilever Limited filed a commercial IP suit against Shree Shyam Udyog for infringement and passing off. The court granted leave under Clause XIV of the Letters Patent Act and decreed the suit, granting permanent injunctions.

trademark interim order · Apr 16, 2019

Sun Pharma Laboratories Limited v.Madhusudan Pharmaceutical Agency and another

Bombay High Court · 925-NMCDL-877-2019

Sun Pharma Laboratories Limited filed a commercial IP suit against Madhusudan Pharmaceutical Agency and others alleging infringement of its registered trade mark 'PANTOCID-DSR'. The court granted leave under Clause XIV of the Letters Patent Act and passed an interim order restraining the defendants from dealing in products bearing the impugned trademark.

trademark plaintiff favorable · Apr 16, 2019

Triumphant Institute Of Management Education Pvt Ltd v.Time Plus Institute & Anr

Delhi High Court · FAO(OS) (COMM) 87/2019

The Delhi High Court granted an ad-interim injunction in favor of Triumphant Institute Of Management (T.I.M.E.) against Time Plus Institute, recognizing the strong likelihood of trademark infringement and passing off. The court found that the respondent's use of similar marks was likely to deceive the public and dilute T.I.M.E.'s established goodwill in the coaching industry. Furthermore, a local commissioner was appointed to seize infringing materials, reinforcing the protection of T.I.M.E.'s statutory and common law rights.

trademark plaintiff favorable · Apr 15, 2019

Nuvoco Vistas Corporation Limited v.Jk Lakshmi Cement Limited & Anr

Delhi High Court · CS(COMM) 256/2017

The Delhi High Court confirmed the existing ex parte ad interim injunction in favor of Nuvoco Vistas Corporation Limited, which was seeking relief for trademark infringement and passing off. The court dismissed the defendants' application to vacate the order, primarily based on the principle that the defendants themselves had applied for registration of a similar mark (CONCRETA). This ruling reinforces the legal doctrine against 'approbation and reprobation,' preventing parties from contradicting their own prior actions in litigation.

trademark defendant favorable · Apr 12, 2019

Speciality Restaurants Limited v.Deepika Hospitalities Pvt.Ltd.

Bombay High Court · 916-NMCDL-724-2019

Speciality Restaurants Limited filed a suit against Deepika Hospitalities Pvt. Ltd. regarding alleged trademark infringement. The court disposed of the suit and notice of motion based on minutes of order, accepting undertakings from the defendants.

trademark mixed · Apr 5, 2019

D. Baskaran v.The Deputy Registrar Of Trade Marks & The Registrar of Trade Marks

Madras High Court · W.P.No.5759 of 2016 & WMP No.5088 of 2016

This Madras High Court judgment addressed a dispute over the lapsed registration of the 'TAJMAHAL' trade mark. The petitioner sought directions to compel the Trade Mark Registry to accept his renewal application, which had been refused due to the lapse of time. The court ruled that mere expiration is insufficient for removal; the statutory procedure, specifically issuing Form O-3 notice under Section 25(3) of the Trade Marks Act, must be followed scrupulously before a mark can be removed from the register.

trademark defendant favorable · Apr 5, 2019

Elder Projects Ltd. & Anr. v.Elder Pharmacia Llp & Ors.

Delhi High Court · CS(COMM) 1313/2018

The Delhi High Court dismissed the suit filed by Elder Projects Ltd. against Elder Pharmacia LLP, finding that the claim of passing off lacked a genuine cause of action. The court relied heavily on evidence provided by the plaintiff's Managing Director, which revealed that the plaintiff had previously claimed rights over the 'ELDER' trademark based on mistaken advice and was not the registered proprietor. Consequently, the interim ex-parte injunction granted to the plaintiff was vacated, marking a significant setback for Elder Projects Ltd.

trademark plaintiff favorable · Apr 2, 2019

Tata Sky Limited v.National Internet Exchange Of India (NIXI)

Delhi High Court · CS(COMM) 1202/2016

Tata Sky Limited filed suit seeking permanent injunction against an individual (D-3) for passing off the 'TATA SKY' trade mark, and mandatory injunctions against NIXI (D-1) and GoDaddy (D-2) to prevent or extinguish deceptively similar domain names. The court granted decrees in favor of Tata Sky Limited against D-3, ordering permanent injunction, and against D-1 and D-2, directing the extinguishment of specific listed domain names.

trademark plaintiff favorable · Apr 2, 2019

Kesari Trust v.Kesari Tours and Travels

Bombay High Court · COMMERCIAL IP SUIT (L) NO.360 OF 2019

The plaintiffs filed a commercial IP suit against the defendant alleging infringement and passing off related to the use of the mark 'KESARI'. The court decreed the suit, granting perpetual injunctions against the defendant for using the mark in relation to various businesses.

trademark plaintiff favorable · Apr 2, 2019

Kesari Trust v.Kesari Tours and Travels

Bombay High Court · COMMERCIAL IP SUIT (L) NO.360 OF 2019

The plaintiffs filed a commercial IP suit against the defendant alleging infringement and passing off related to the use of the mark 'KESARI'. The court decreed the suit, granting perpetual injunctions against the defendant for using the mark in relation to various businesses.

trademark interim order · Apr 2, 2019

Ceat Limited v.Ambika Rubber Industries And 2 Ors.

Bombay High Court · COMMERCIAL IP SUIT (L) NO.377 OF 2019 / NOTICE OF MOTION (L) NO.799 OF 2019

Ceat Limited filed a Commercial IP Suit against Ambika Rubber Industries and others alleging trademark infringement and passing off related to tyre tubes and automobile industry goods. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an order granting an interim injunction restraining the defendants from using marks or trade dress deceptively similar to Ceat's.

trademark plaintiff favorable · Apr 2, 2019

Kesari Trust v.Kesari Tours and Travels

Bombay High Court · COMMERCIAL IP SUIT (L) NO.360 OF 2019

The plaintiffs filed a commercial IP suit against the defendant alleging infringement and passing off related to the use of the mark 'KESARI'. The court decreed the suit, granting perpetual injunctions against the defendant for using the mark in relation to travel, tourism, forex, and advertising businesses.

trademark interim order · Apr 1, 2019

Donato Styling Products v.Celine Health Care Private Limited

Bombay High Court · COMMERCIAL IP SUIT NO. 506 OF 2019

Donato Styling Products filed a Commercial IP Suit alleging trademark infringement and passing off by Celine Health Care Private Limited. The court granted leave to the petitioner and subsequently passed an interim order granting a temporary injunction against the defendants regarding the use of similar trademarks.

trademark mixed · Mar 29, 2019

Supreme Agrofoods Pvt. Ltd. v.Union Of India

Delhi High Court · W.P.(C) 3038/2019

Supreme Agrofoods Pvt. Ltd. sought judicial direction from the Delhi High Court to compel the Union of India (Trademark Registry) to accept the renewal and/or restoration of its registered trademark, No. 1235463. The court disposed of the writ petition by allowing the petitioner a four-week window to submit the necessary renewal request along with the required restoration fee. This order clarifies that once submitted, the Trademark Registry will consider the application according to law.

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