India Trademark Cases

3,740 decisions indexed

Page 92 of 125 · 3,740 total

trademark interim order · Jan 3, 2019

Meena Prints Pvt. Ltd. v.Sri Sai Bhavani Handloom House

Bombay High Court · 181830458

The petitioner, Meena Prints Pvt. Ltd., filed a commercial IP suit against Sri Sai Bhavani Handloom House and others regarding alleged passing off of its registered trademark "Meena Prints". The court granted leave under Clause XIV of the Letters Patent Act and passed an interim injunction restraining the defendants from using deceptively similar marks.

trademark plaintiff favorable · Dec 21, 2018

Hotel Panchavati And Anr. v.Hotel Panchavati Pure Veg Family Restaurant and Ors.

Bombay High Court · 177783496

The suit was filed regarding the infringement and passing off of the Plaintiff's registered trade marks, PANCHAVATI / PANCHAVATI GAURAV. The Bombay High Court granted leave to the plaintiffs and decreed the suit, issuing a perpetual injunction against the defendants.

trademark dismissed · Dec 20, 2018

Snj Distillers Private Limited v.The Deputy Registrar Of Trademarks

Madras High Court · 96234285

Snj Distillers Private Limited filed a writ petition seeking a Writ of Mandamus to compel the Deputy Registrar of Trademarks to issue a registration certificate for their trademark application. However, during the proceedings, the petitioner's counsel informed the court that the trademark certificate had already been issued. Consequently, the Madras High Court dismissed the writ petition as infructuous.

trademark The Court passed a decree in favor of the Plaintiff, restraining the Defendants from using 'PLUS' and its associated trade dress, and awarded damages of Rs. 5,00,000 to the Plaintiff. · Dec 18, 2018

dharampal satyapal sons pvt ltd v.mr satish kumar

Delhi High Court · 82079752

Dharampal Satyapal Sons Pvt Ltd (Plaintiff) sued Mr. Satish Kumar & Ors (Defendants) for infringement of their registered trademark 'PULSE' on candies, alleging deceptive similarity to the Defendants’ brand ‘PLUS’ and trade dress. Both parties were selling candies in class 30, with the Plaintiff claiming significant market share and goodwill.

trademark defendant favorable · Dec 17, 2018

Sopariwala Exports And Anr. v.Satyapal Shivkumar

Bombay High Court · 85311003

The Bombay High Court vacated an earlier ex-parte order that had recognized the Plaintiff's prior use of the trademark 'PAN RAAS'. The court found that the statement claiming the Plaintiffs conceived and adopted the distinctive mark in 2008 was incorrect, noting that the word 'RAAS' was adopted after a compromise with Rasana Private Limited. This decision significantly impacts the Plaintiff's claim regarding the originality and priority of their trademark rights.

trademark mixed · Dec 13, 2018

Maharshi Packaging Machines Pvt. Ltd. v.M/S Maharshi Udyog Thru Partner, Bhagvat Vitthaldas Shah

Gujarat High Court · 106782229

The Gujarat High Court stayed a commercial trademark civil suit after hearing an appeal challenging the trial court's refusal to frame an issue regarding the validity of the plaintiff's trademark registration. The petitioner argued that since they had filed a rectification application under Section 57 of the Trade Marks Act, 1999, before the IPAB, the Civil Court should not have ruled on the matter unilaterally. The court agreed that the trial court needed to properly consider the pending statutory proceedings, leading to the stay.

trademark plaintiff favorable · Dec 12, 2018

Mr.A.D.Padmasingh Issac Trading as Aachi Spices and Foods / M/s.Aachi Masala Foods (P)Ltd. v.Nutriyes Healthcare Pvt Ltd

Madras High Court · 27114773

Aachi Spices and Foods filed a civil suit alleging that Nutriyes Healthcare Pvt Ltd was infringing upon its copyright and passing off its brand, 'AACHI RAGI FLOUR.' The plaintiff sought permanent injunctions against the unauthorized use of similar marks on ragi flour products. After establishing jurisdiction and presenting ex-parte evidence, the court found in favor of the plaintiffs, granting injunctive reliefs and directing the surrender of infringing materials. Furthermore, given the defendant's failure to appear despite being duly served, the court awarded significant compensatory costs.

trademark interim order · Dec 10, 2018

Hindustan Unilever Limited v.Reva Sree Industries

Bombay High Court · 107460048

Hindustan Unilever Limited filed a Notice of Motion against Reva Sree Industries alleging infringement of its trademarks (OK and WHEEL) and passing off through the use of similar trade dress on detergent products. The court granted an ad-interim injunction restraining the defendant from using the infringing marks/trade dress pending final disposal.

trademark interim order · Dec 10, 2018

Unilever Plc. v.HAD Enterprises

Bombay High Court · 166325024

Unilever Plc. filed a suit alleging that Had Enterprises was violating its trademarks (LAKME, LAKME EYECONIC, etc.) by selling products using deceptive marks and logos. The court addressed motions related to the investigation of these IP violations.

trademark plaintiff favorable · Dec 7, 2018

Texmo Industries v.Mr.Kantilal Solanki

Madras High Court · 45009279

The Madras High Court granted summary judgment in favor of Texmo Industries against Mr. Kantilal Solanki, finding clear cases of trademark infringement and passing off. The court determined that since both parties used the identical mark 'TEXMO' on the same product—agricultural pumps—the use by the defendant constituted a direct violation of the plaintiff's registered trademarks (Nos. 315049 and 315050). Consequently, the suit was decreed granting permanent injunctive reliefs to protect Texmo Industries' brand integrity.

trademark mixed · Dec 7, 2018

Riyaz Chowdhary v.Parfums Parour And 2 Ors

Bombay High Court · 188287970

The Bombay High Court intervened in a trademark rectification dispute concerning the mark 'LOMANI'. The petitioner challenged the Intellectual Property Appellate Board's (IPAB) decision to remove the trademark, arguing that he was denied natural justice because the application for rectification was not served upon him until seven years after it was filed. Recognizing this procedural lapse, the Court set aside the IPAB's order and mandated a fresh hearing, ensuring the petitioner is given a fair opportunity to contest the removal of his registered mark.

trademark mixed · Dec 7, 2018

Rajeshbhai Gokulbhai Sojitra v.Registrar Of Trade Marks Boudhik Sampada Bhavan

Gujarat High Court · 82375424

The Gujarat High Court addressed a petition filed by Rajeshbhai Gokulbhai Sojitra concerning the prolonged delay in deciding his trade mark registration application for 'Krinal Double Filter Chuno'. The petitioner alleged inaction by the Registrar of Trade Marks, noting that the application had been pending since 2008. Recognizing the administrative lapse, the Court issued a directive to the Respondent Authority to finalize the decision on Application No.1688346 within eight weeks from the date of the order, without examining the merits of the underlying trade mark dispute.

trademark plaintiff favorable · Dec 6, 2018

Red Bull Ag v.C. Eswari & Ors.

Delhi High Court · 72582989

The Delhi High Court ruled in favor of Red Bull Ag, declaring its 'Double Bull Device' and 'Single Bull Device' trademarks as well-known marks in India. The court found that Red Bull's extensive global presence, massive sales figures (controlling 97.3% of the Indian energy drink market), and widespread promotion satisfied the criteria for a well-known trademark under the Trade Marks Act, 1999. This declaration provides strong legal backing to prevent unauthorized use by defendants in related goods.

trademark interim order · Dec 4, 2018

Unilever Plc v.Glint Cosmetics Pvt. Ltd.

Bombay High Court · 101749425

The Plaintiffs, Unilever Plc, sought interim relief against the Defendant, Glint Cosmetics Pvt. Ltd., alleging infringement and passing off concerning their registered trademarks SUNSILK and CLEAR in the personal care industry. The court granted temporary injunctions restraining the defendant from using similar marks and ordered disclosure of relevant documents.

trademark plaintiff favorable · Nov 30, 2018

Asian Paints Ltd. v.A1 Colours Paints

Bombay High Court · 41898243

Asian Paints Ltd. filed a suit against A1 Colours Paints alleging infringement and passing off related to its registered trade marks APEX and ROYALE. The court granted leave under the Letters Patent Act and decreed the suit in favor of Asian Paints.

trademark interim order · Nov 30, 2018

Asian Paints Limited v.Agrasen Paints and Chemicals

Bombay High Court · 13988644

Asian Paints Limited filed a Notice of Motion seeking an injunction against Agrasen Paints and Chemicals for alleged infringement of the distinctive trade mark UTSAV and associated trade dress. The Bombay High Court granted the requested relief, restraining the Defendant from using similar marks or trade dresses in relation to paints and distemper pending the final hearing.

trademark plaintiff favorable · Nov 30, 2018

Asian Paints Ltd. v.A1 Colours Paints

Bombay High Court · 136296364

Asian Paints Ltd. filed a suit against A1 Colours Paints alleging infringement and passing off related to its trade marks APEX and ROYALE. The court granted leave under the Letters Patent Act and decreed the suit in favor of Asian Paints.

trademark plaintiff favorable · Nov 30, 2018

Asian Paints Ltd. v.A1 Colours Paints

Bombay High Court · 194544577

Asian Paints Ltd. filed a suit against A1 Colours Paints alleging infringement and passing off related to its registered trademarks, APEX and ROYALE. The court granted leave under the Letters Patent Act and decreed the suit in favor of Asian Paints, issuing perpetual injunctions against the defendant's use of similar marks (APEXS and ROYAL) on paint products.

trademark interim order · Nov 29, 2018

Atlas Radio Traders v.Vijay Marketing

Bombay High Court · 122419429

Atlas Radio Traders filed a Notice of Motion alleging that Vijay Marketing was engaging in passing off by using the mark 'JZ CROWN' on electronic goods, which is deceptively similar to Atlas Radio Traders' prior trade mark 'CROWN'. The Bombay High Court granted an interim injunction restraining the Defendant from manufacturing or selling such goods until the final disposal of the suit.

trademark plaintiff favorable · Nov 27, 2018

Unilever Plc v.Golden Assam Tea Depot

Bombay High Court · 23424362

Unilever Plc filed an IP suit against Golden Assam Tea Depot for trademark infringement. The dispute centered on the defendant's use of the impugned trade mark "Sipton" and other deceptively similar marks in relation to tea products, which infringed upon Unilever's registered trademarks, particularly "Lipton".

trademark plaintiff favorable · Nov 26, 2018

Luxembourg Brands S.A R.L & Anr v.G.M Pens International Pvt Ltd

Delhi High Court · 30094466

The Delhi High Court partially decreed the suit for trademark infringement and passing off. Despite previous settlements where the defendant agreed to cease using certain marks, the court found that the defendant continued manufacturing and selling products under the mark 'TERAMAX'. Consequently, the court imposed a penalty of ₹5 lakh on the company's directors and mandated a detailed accounting and independent audit of all net revenue earned from the infringing sales.

trademark interim order · Nov 24, 2018

Hindustan Unilever Limited v.Reva Sree Industries

Bombay High Court · 108674427

Hindustan Unilever Limited filed an IP suit against Reva Sree Industries alleging that the latter was using a mark (OK WELL) and trade dress deceptively similar to HUL's established marks (OK and WHEEL) and packaging. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an ad-interim injunction.

trademark interim order · Nov 22, 2018

Hindustan Unilever Limited v.Raj Enterprise

Bombay High Court · 25472635

Hindustan Unilever Limited filed a suit against Raj Enterprise alleging infringement related to its detergent preparations, specifically concerning the use of an impugned pirated trade dress and 'Wheel Device'. The Bombay High Court granted leave under the Letters Patent Act and passed an order granting interim relief.

trademark defendant favorable · Nov 22, 2018

Kama Ayurveda Private Limited v.Rwl Healthworld Ltd. & Ors

Delhi High Court · 18474844

Kama Ayurveda sought an interim injunction against Rwl Healthworld, alleging that the defendant's product packaging was deceptively similar to its own 'Eladi Hydrating Ayurvedic Face Cream,' thereby constituting passing off. The Delhi High Court examined both products and found material distinctions in shape, color scheme (gold/cream vs. white/off-white), and floral patterns. Ultimately, the court concluded that a common purchaser would not be misled, dismissing the plaintiff's application for an interim order.

trademark defendant favorable · Nov 22, 2018

Biofarma v.Bal Pharma Limited

Delhi High Court · 69495274

The Delhi High Court dismissed Biofarma's suit against Bal Pharma Limited concerning passing off and trade dress infringement. The court found that the plaintiff could not claim exclusive rights over the term 'MEX' because it was an acronym ('Metformin Extended Release') derived from the principal drug ingredient, rendering it descriptive and publici juris in the pharmaceutical trade. Consequently, the defendant was permitted to continue using the mark without infringing on the plaintiff’s established brand.

trademark interim order · Nov 19, 2018

Hindustan Unilever Limited v.Bharath Trading Co.

Bombay High Court · 9102809

Hindustan Unilever Limited filed a Notice of Motion seeking an injunction against Bharath Trading Co. and others for allegedly using a trade mark identical or deceptively similar to its 'SPLAT' device mark in relation to detergent preparations. The court allowed the leave petition and granted an interim injunction restraining the defendants from manufacturing, marketing, or selling goods under the impugned mark pending final disposal of the suit.

trademark mixed · Nov 15, 2018

Unza International Limited / Cavinkare Private Limited (depending on the suit) v.Cavinkare Private Limited / Wipro Limited (depending on the suit)

Madras High Court · 11651297

This Madras High Court judgment, dated November 15, 2018, resolved multiple complex trademark disputes involving Unza International and Cavinkare Private Limited against Wipro entities. The court decreed Civil Suit No. 1006 of 2009 in favor of Unza International regarding the 'ENCHANTEUR' mark, while simultaneously dismissing other related suits (C.S.Nos. 221 & 222) and closing associated writ petitions based on a compromise memo signed by the parties. The ruling highlights how litigation can conclude through negotiated settlements.

trademark plaintiff favorable · Nov 12, 2018

Skullcandy Inc v.Shri Shyam Telecom & Ors

Delhi High Court · 121169709

Skullcandy Inc filed a suit against Shri Shyam Telecom and other entities, including the e-commerce platform Shopclues.com, alleging infringement of its 'SKULLCANDY' trademark through the sale of counterfeit products. The core legal dispute centered on whether the online marketplace could claim immunity as an intermediary under the IT Act. The Delhi High Court ruled in favor of Skullcandy, finding that the website's operational features—such as guaranteeing 100% genuine products and maintaining a 'Replica' category—demonstrated a role beyond that of a passive intermediary.

trademark plaintiff favorable · Nov 8, 2018

M/s.MRF Limited v.Multi Race Force Lubricants Pvt. Ltd

Madras High Court · 153811785

The Madras High Court ruled in favor of M/s. MRF Limited, finding that the defendant's use of similar marks constituted trademark infringement and passing off. The court applied the 'average purchaser' test, concluding that the overall similarity between the marks and packaging was likely to mislead an ordinary consumer. Consequently, the suit was decreed with a perpetual injunction restraining further misuse of the mark.

trademark plaintiff favorable · Nov 2, 2018

Netsweeper Technologies Private Limited v.Netsweeper Inc.

Madras High Court · 198340278

Netsweeper Technologies Private Limited filed a suit against Netsweeper Inc. alleging passing off and unauthorized use of its registered trademark, 'NETSWEEPER'. The plaintiff, based in Canada, claimed that the defendants were wrongfully associating themselves with its brand to sell similar software services. The Madras High Court dismissed the appeal filed by the appellants, confirming the original injunction granted in favor of Netsweeper Technologies Private Limited.

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