India Trademark Cases

3,667 decisions indexed

Page 92 of 123 · 3,667 total

trademark interim order · Oct 5, 2018

Cello Plastic Industrial Work And Ors. v.Ajay Shantilal Raka

Bombay High Court · 956-NMCDL-2252-2018-UR

The Bombay High Court issued an interim order in a trademark dispute involving Cello Plastic Industrial Work and Ajay Shantilal Raka. The court directed the Registrar of Trademarks to produce specific application and opposition records before the next hearing date. This procedural step indicates that the case is actively moving forward, requiring both parties to prepare for detailed examination of the relevant intellectual property filings.

trademark plaintiff favorable · Oct 4, 2018

Pradeep Cholayil & Cholayil Private Limited v.Karnataka Soaps And Detergent Limited

Madras High Court · O.A.Nos.329 and 330 of 2018 in C.S.No.225 of 2018

The Madras High Court confirmed the existing interim injunction in favor of Pradeep Cholayil and Cholayil Private Limited against Karnataka Soaps And Detergent Limited. The court found that the defendant's use of 'MYSOAP' was deceptively similar to the applicants' registered trademark 'MYSOP' for cosmetic soaps, constituting infringement and passing off. The injunction was confirmed post-contest and ordered to operate for a period of one year, allowing the main suit to proceed expeditiously.

trademark mixed · Oct 3, 2018

Shambhu Nath & Brothers & Ors. v.Imran Khan

Calcutta High Court · CS/102/2018

In the case concerning the trademark 'SNJ TOOFAN', the defendant, Imran Khan, filed an affidavit affirming that he has ceased using the mark and undertakes not to use it in the future. The court accepted this submission, allowing the matter to proceed while granting time for the plaintiffs to take instructions. This indicates a potential path toward resolution through settlement or compliance.

trademark interim order · Sep 27, 2018

Unilever Plc. v.Bhanu Chauhan

Bombay High Court · 954-NMCDL-2177-2018

Unilever Plc. filed a Notice of Motion seeking restraining orders against Bhanu Chauhan and others for using logos and trademarks deceptively similar to Unilever's well-known brands (DOMEX). The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an interim order.

trademark plaintiff favorable · Sep 26, 2018

Magnolia Ltd. v.Softgel Health Care Pvt. Ltd.

Bombay High Court · IP Suit (L) No.909 of 2018 / Notice of Motion (L) No.1830 of 2018

The Bombay High Court granted a temporary injunction favoring Magnolia Ltd. against Softgel Health Care Pvt. Ltd. The court ordered that pending the final disposal of the suit, the defendant is restrained from manufacturing, selling, exporting, or using the disputed trademark 'VAGICLIN Plus' in connection with any pharmaceutical product. This interim order significantly protects the plaintiff's brand rights while the main infringement case proceeds.

trademark interim order · Sep 24, 2018

Hindustan Unilever Limited v.Sainath Enterprise

Bombay High Court · 969-NMCDL-1951-2018

Hindustan Unilever Limited filed a commercial suit against Sainath Enterprise alleging that the defendant was using an identical or deceptively similar label mark and trade dress on their detergent powder, thereby passing off their goods as those of the plaintiff. The court granted leave under Clause XIV of the Letters Patent Act and passed an interim order.

trademark mixed · Sep 20, 2018

Joy Creators Pvt Ltd v.Natures Essence Pvt Ltd

Delhi High Court · CS(COMM) 632/2018

The Delhi High Court addressed a trademark infringement suit concerning the use of 'Honey & Almonds' in cosmetic products. While the Plaintiff sought an injunction against the Defendant's use of the phrase, the court allowed the Defendant to continue using 'Almond and Honey' as a descriptive ingredient term. However, strict conditions were imposed on packaging design, ensuring that this descriptive phrase does not gain undue prominence over the Defendant's own trademark, 'Nature's Essence'.

trademark mixed · Sep 18, 2018

Vocco Consultants And 2 Ors. v.Vicco Agencies Pvt. Ltd.

Bombay High Court · 601-COMS-29-2009

The Bombay High Court addressed a commercial suit concerning the trademark 'VICCO'. While the original suit was stayed pending a rectification application before the IPAB, the court took proactive steps to address the core dispute. Citing Supreme Court precedent, the court framed an additional issue specifically questioning whether the Defendant's registration of the mark 'VICCO' is bad in law and liable for invalidation.

trademark plaintiff favorable · Sep 14, 2018

Prime Comfort Products Private Limited v.Lal Bahadur Trading As Sulakshmi Enterprises

Delhi High Court · CS(COMM) 1606/2016, IA No.15284/2016

The Delhi High Court dismissed the defendant's application for summary judgment, upholding its territorial jurisdiction to hear the trademark infringement suit. The plaintiff successfully argued that the defendant was conducting business and soliciting sales within Delhi via its website and through market confusion involving distributors in the region. This ruling reinforces the principle that digital presence and market impact within a specific territory can establish jurisdictional grounds under IP law.

trademark plaintiff favorable · Sep 12, 2018

S.Sudhakar & Shri Lakshmi Agro Foods Pvt.Ltd. v.M/s.Udayam Marketing

Madras High Court · C.S.No.430 of 2009

The Madras High Court ruled in favor of the plaintiffs, S.Sudhakar and Shri Lakshmi Agro Foods Pvt.Ltd., against M/s.Udayam Marketing regarding trademark infringement and passing off of 'UDHAIYAM'. The court granted a perpetual injunction restraining the defendant from using an identical or deceptively similar mark for food products like Asafoetida Powder. Furthermore, given the decade-long litigation period and the defendant's non-appearance, the court awarded substantial compensatory costs to the plaintiffs.

trademark defendant favorable · Sep 12, 2018

Wockhardt Limited v.Torrent Pharmaceuticals Limited

Supreme Court of India · Civil Appeal No. 9844 of 2018

The Supreme Court rejected Wockhardt Limited's appeal against a High Court Division Bench order that had granted an interim injunction based on passing off. The court found that the Division Bench correctly applied the triple test for passing off, establishing reputation and likelihood of confusion due to the minimal difference between the trade names. Despite arguments regarding acquiescence and prior conduct, the Supreme Court held that the balance of convenience favored the original judgment, thereby upholding the protection of Torrent's trademark.

trademark interim order · Sep 11, 2018

Hindustan Unilever Ltd. v.Jai Hind Gruh Udhyog

Bombay High Court · IP Suit (L) No.1101 of 2018

Hindustan Unilever Ltd. filed an IP Suit against Jai Hind Gruh Udhyog alleging infringement of its distinctive WHEEL label and trade dress in the soap and detergent industry. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an interim injunction.

trademark interim order · Sep 3, 2018

Hindustan Unilever Limited v.S.G.K. Industries

Bombay High Court · 934-NMCDL-1842-2018

Hindustan Unilever Limited filed a suit against S.G.K. Industries alleging infringement and passing off related to its 'SPLAT' trade mark used in detergent preparations. The Bombay High Court granted an interim injunction restraining the defendant from using the infringing marks pending final disposal of the suit.

trademark interim order · Sep 3, 2018

Hindustan Unilever Limited v.S.G.K. Industries

Bombay High Court · 934-NMCDL-1842-2018

Hindustan Unilever Limited filed a Notice of Motion against S.G.K. Industries alleging infringement and passing off related to the 'SPLAT' trade mark used for detergent preparations. The Bombay High Court granted interim injunctions restraining the defendant from using any identical or deceptively similar marks, pending final disposal of the suit.

trademark dismissed · Sep 3, 2018

M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Kovai Thalappakattu Biriyani & Fresh juice

Madras High Court · C.S.No.525 of 2009

The Madras High Court dismissed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Kovai Thalappakattu Biriyani & Fresh juice. The original suit sought permanent injunction and damages for passing off, alleging that the defendant was deceptively using a similar trade mark. However, the plaintiff subsequently withdrew the suit with the court's permission, leading to its dismissal.

trademark plaintiff favorable · Aug 29, 2018

Hindustan Unilever Limited v.Suchit Industries

Bombay High Court · 953-NMCDL-1844-2018

Hindustan Unilever Limited filed a suit against Suchit Industries alleging infringement related to the soap brand 'Karan'. The defendant, Suchit Murkute, admitted manufacturing soaps under the brand but undertook not to use the splat logo in the future. The Court granted leave and decreed the suit based on these undertakings.

trademark interim order · Aug 27, 2018

Hindustan Unilever Ltd. v.Rds Industries

Bombay High Court · IP Suit (L) No.1032 of 2018 / Notice of Motion (L) No.1841 of 2018

Hindustan Unilever Ltd. filed an IP Suit against Rds Industries alleging infringement of its registered trademarks, specifically the 'Device of SPLAT' mark used in detergent preparations. The court granted leave and passed an order restraining the defendant from using any identical or deceptively similar marks pending the final hearing of the suit.

trademark dismissed · Aug 21, 2018

The Institute Of Chartered Financial Analysis of India v.New Horizons Educational Institute Pvt. Ltd

Madras High Court · C.S.No.753 of 2008

The Institute Of Chartered Financial Analysis of India filed a civil suit against New Horizons Educational Institute Pvt. Ltd, alleging infringement and passing off related to the registered trademark 'CFA'. The plaintiff sought permanent injunctions and damages. Although the court confirmed its jurisdiction under the Commercial Courts Act, 2015, the suit was ultimately dismissed for default due to the plaintiff's counsel failing to provide instructions.

trademark dismissed · Aug 21, 2018

The Society Of Certified Public Acountants v.New Horizons Educational Institute Pvt. Ltd

Madras High Court · C.S.No.777 of 2008

The Society of Certified Public Accountants filed a civil suit against New Horizons Educational Institute Pvt. Ltd, alleging infringement and passing off related to the plaintiff's registered trademark 'CpA'. The court initially determined that the dispute fell under the jurisdiction of the Commercial Courts Act, 2015, as it involved intellectual property rights relating to trademarks. However, the suit was ultimately dismissed for default because the counsel on record for the plaintiff submitted that they had no instructions from the plaintiff.

trademark settled · Aug 21, 2018

B.Vivekananthan v.B.Anandan Trading as Anand's MOONRAKERS RESTAURANT & B.Anandan Trading as Anand's Moonrakers

Madras High Court · C.S.No.646 of 2014

This Madras High Court case involved a trademark infringement suit filed by B.Vivekananthan against B.Anandan regarding the use of the 'MOONRAKERS' mark in restaurant and hospitality services. The plaintiff sought permanent injunctions for both trademark infringement and passing off, along with delivery up of infringing materials. Ultimately, the parties reached a joint compromise memo on April 30, 2021, which was recorded by the court, leading to a decree based on mutual settlement.

trademark defendant favorable · Aug 21, 2018

M/s.Geege Paints v.M/s.Agsar Match Industries

Madras High Court · W.P.No.708 of 2012

The Madras High Court dismissed a writ petition filed by M/s.Geege Paints challenging an order from the Intellectual Property Appellate Board (IPAB). Geege Paints had sought to uphold the validity of its trademark 'STAG' against rectification initiated by M/s.Agsar Match Industries. However, due to the petitioner's failure to appear before the court despite being duly served with notice, the High Court dismissed the petition for non-prosecution.

trademark defendant favorable · Aug 17, 2018

Global Car Group Pte. Limited & Anr v.Droom Technology Private Limited

Delhi High Court · CS(COMM) 897/2018

The Delhi High Court addressed a dispute over alleged disparagement between Cars24 (Plaintiffs) and Droom Technology (Defendants). Plaintiffs claimed that the defendant's advertising campaign, which used similar catchphrases and visual elements, was designed to denigrate their brand. However, the court found that the defendant had sufficiently modified its advertisement and that the phrase 'DON’T BE A BAKRA' was an integral part of the defendant's registered trademark, not a disparaging reference to the plaintiffs. Consequently, the court allowed the defendant to continue using the revised advertisement during the pendency of the suit.

trademark plaintiff favorable · Aug 13, 2018

Apollo Hospitals Enterprise Ltd. v.Naseer Apollo Pharmacy

Madras High Court · C.S.No.369 of 2016

The Madras High Court ruled in favor of Apollo Hospitals Enterprise Ltd. in a suit alleging trademark infringement and passing off by Naseer Apollo Pharmacy. The court found that the defendant's use of 'Apollo Pharmacy' was deceptive and infringed upon Apollo's registered trademarks across multiple classes, particularly in the pharmaceutical sector. Consequently, the plaintiff was granted permanent injunctions, ordered the surrender of all infringing materials, and directed the defendant to render accounts of profits.

trademark dismissed · Aug 6, 2018

M.Kumaaravel / M/s.Vel Chakra Coffee Private Limited v.Ashok Nagar Madras Coffee House

Madras High Court · C.S.No.474 of 2017

In a trademark infringement suit filed in the Madras High Court, M.Kumaaravel sought permanent injunction and damages against Ashok Nagar Madras Coffee House for passing off their establishment as similar to 'Madras Coffee House.' However, before the court could rule on the merits of the case, the plaintiffs formally moved to withdraw the suit. The court accepted this request, leading to the dismissal of the civil suit.

trademark plaintiff favorable · Aug 6, 2018

Tata Sons Ltd & Anr v.Krishna Kumar & Ors.

Delhi High Court · CS(COMM) 225/2018

The Delhi High Court ruled in favor of Tata Sons Ltd, granting permanent injunctions and awarding substantial damages against the defendants for trademark infringement and passing off. The suit centered on the unauthorized use of the well-known 'TATA' mark and associated domain names (www.tatafinserve.com). Given that the defendants evaded court proceedings, the Court emphasized the principle of corrective justice, holding them liable for punitive damages.

trademark plaintiff favorable · Aug 3, 2018

Condore Health Care Pvt.Ltd v.M/S Corem Pharma Pvt Ltd

Telangana High Court · CIVIL REVISION PETITION No.1301 of 2018

This case involved a Civil Revision Petition challenging the rejection of a suit filed under the Commercial Courts Act. The petitioner argued that since the estimated value of their intangible trademark rights and reliefs sought was less than one crore rupees, the court lacked jurisdiction. However, the respondent contended that the market value mentioned in the underlying Memorandum of Understanding (MOU) exceeded the threshold. The High Court ultimately ruled that for determining pecuniary jurisdiction under the Act, it is the value of the reliefs estimated by the plaintiff for the purpose of court fees that governs, not the higher market valuation cited elsewhere.

trademark mixed · Aug 2, 2018

Turning Point & Anr. v.Turning Point Institute Private Ltd

Delhi High Court · FAO(OS) 263/2017

This appeal addressed a dispute over the use of the mark 'TP TURNING POINT' in the educational sector. The appellant challenged an order that had restricted its use of the trademark, while the respondent claimed prior usage rights dating back to 1994. The court focused on setting aside the restrictive injunction granted against the appellant. The High Court ultimately allowed the appeal regarding the interlocutory injunction, quashing the previous order and dismissing IA 16232/2015. However, the judgment noted that it was prima facie and interlocutory in nature, leaving the core merits of the trademark dispute unresolved.

trademark defendant favorable · Aug 1, 2018

Galderma S.A And Anr v.Medsea Healthcare Pvt Ltd

Delhi High Court · CS(COMM) 1271/2016, IA No.4304/2017

The Delhi High Court dismissed the defendant's application seeking a summary dismissal of the trademark infringement suit. The court noted that while the plaintiffs had assigned their rights to the mark Q-MED, the timing and effect of this assignment were complex and required full trial evidence. Given the ongoing dispute over ownership changes and alleged concealment, the court ruled that the core issues could not be resolved summarily, allowing the main litigation to proceed.

trademark mixed · Aug 1, 2018

M/s. Vidyarthi Bhavan v.M/s. Vidyarthi Bhavana Dose House

Karnataka High Court · WRIT PETITION No.32806/2018 (IPR)

The Karnataka High Court addressed a writ petition challenging the trial court's refusal to grant an ex parte injunction in a trademark infringement suit. The petitioner, M/s. Vidyarthi Bhavan, argued they had a strong prima facie case against the respondent for using a deceptively similar name ('Vidyarthi Bhavana Dose House') for their restaurant business. While the High Court did not rule on the merits of the infringement claim itself, it intervened by directing the lower court to expedite the proceedings and pass necessary orders within 30 days.

trademark mixed · Jul 27, 2018

Praneet Singh Davar v.L S Davar & Co & Ors

Delhi High Court · FAO(OS) 122/2018

The Delhi High Court addressed an appeal challenging a previous interim order that restricted the appellant's association with the respondent firm. While acknowledging the initial prohibition, the court clarified that the single judge's recorded 'prima facie' opinion regarding trademark rectification was not a final determination. The judgment directs the Registrar of Trademarks to proceed with the rectification proceedings based on merits, independent of the prior preliminary view.

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