India Trademark Cases

3,740 decisions indexed

Page 93 of 125 · 3,740 total

trademark plaintiff favorable · Nov 2, 2018

Commscope Inc. Of North Carolina v.Union Of India

Madras High Court · 126789565

Commscope Inc. approached the Madras High Court seeking rectification of errors in its trademark registration certificate (No. 1380719). The petitioner argued that despite multiple representations, the Trademark Registry failed to issue the corrected certificate. The court intervened, directing the second respondent, the Registrar of Trademarks, to correct the error and issue a fresh Registration Certificate, thereby resolving the immediate procedural hurdle for the petitioner.

trademark interim order · Nov 1, 2018

Hindustan Unilever Ltd. v.R. R. Trading Company

Bombay High Court · 96737381

Hindustan Unilever Ltd. filed a Notice of Motion seeking an injunction against R.R. Trading Company for allegedly using a label mark and trade dress deceptively similar to the Plaintiff's distinctive BROOK BOND RED LABEL/RED LABEL. The Bombay High Court granted the leave petition and passed an interim order restraining the defendant from manufacturing, marketing, or selling goods that pass off as those of the plaintiff.

trademark interim order · Nov 1, 2018

Hindustan Unilever Limited v.Jmd Oil Private Limited

Bombay High Court · 156122982

Hindustan Unilever Limited filed a Notice of Motion against JMD Oil Private Limited alleging infringement through the use of pirated trade dress in detergent and personal care products. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an order granting interim injunctions.

trademark interim order · Nov 1, 2018

Hindustan Unilever Limited v.Jmd Oil Private Limited

Bombay High Court · 17405161

Hindustan Unilever Limited filed a Notice of Motion seeking an injunction against JMD Oil Private Limited for alleged infringement of its trade dress and marks. The court granted the leave petition and subsequently passed an order granting an interim injunction.

trademark interim order · Nov 1, 2018

Hindustan Unilever Ltd v.R. R. Trading Company

Bombay High Court · 90661504

Hindustan Unilever Ltd filed a Notice of Motion against R.R. Trading Company alleging that the defendant was using a label mark and trade dress deceptively similar to the Plaintiff's distinctive BROOK BOND RED LABEL/RED LABEL for tea products. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an interim injunction restraining the defendant from passing off their goods.

trademark interim order · Nov 1, 2018

Jawed Habib Hair And Beauty Limited v.Manoj Kumar Sharma

Bombay High Court · 114029761

The petitioner, Jawed Habib Hair And Beauty Limited, filed an IP Suit against Manoj Kumar Sharma regarding alleged infringement of its trade marks. The court granted leave to the defendant and passed an interim order restraining him from using 'JAWED HABIB' or 'JH' in connection with hair salon services pending the final hearing.

trademark mixed · Nov 1, 2018

Sun Pharmaceutical Industries Limited v.Systopic Laboratories Limited

Delhi High Court · 13800732

The Delhi High Court allowed Sun Pharmaceutical Industries Limited to frame a new issue in its ongoing suit against Systopic Laboratories Limited. The core dispute involves the similarity between the trademarks 'STORVAS' and 'ORVAS'. Crucially, the court permitted the framing of an additional issue questioning the validity and potential cancellation of the defendant's trademark registration (No. 1328403). This decision was influenced by recent Supreme Court dicta emphasizing the necessity of addressing pleas of invalidity.

trademark defendant favorable · Oct 30, 2018

M/s.P.S.Arumugam Associates v.M/s.Very Good Foods

Madras High Court · 116027016

The Madras High Court dismissed the appeal filed by M/s.P.S.Arumugam Associates against M/s.Very Good Foods, upholding the original finding that no infringement occurred. The court found insufficient evidence to establish deceptive similarity between the labels 'Chakra' and 'VG', noting differences in product descriptions and names. Furthermore, the plaintiff failed to adequately prove specific financial loss caused by the defendant's marketing.

trademark plaintiff favorable · Oct 26, 2018

Kokanratna Holiday Resorts Limited v.Millennium & Copthorne International Limited

Bombay High Court · 100960055

The Bombay High Court granted a limited ad-interim relief to Kokanratna Holiday Resorts Limited, protecting its use of the name 'Hotel Millennium Park' and associated domain. The court ruled that pending the final suit, the Defendant must provide at least 7 days prior written notice before initiating any legal action claiming infringement or passing off against the Plaintiff. This decision provides immediate protection against groundless threats while the main litigation proceeds.

trademark plaintiff favorable · Oct 25, 2018

Nawaz Modi and Anr. v.Design Your Body Art/New Body Art Fitness Club and Ors.

Bombay High Court · 145338692

The Bombay High Court ruled in favor of the plaintiff, Body Basic Healthcare Pvt Ltd (Nawaz Modi), finding that the defendants were infringing on their registered trademarks and engaging in passing off. The court granted a perpetual injunction restraining the defendants from using similar marks like 'NEW BODY ART' or misrepresenting their services as connected to the plaintiffs. Furthermore, the defendants were ordered to withdraw an application for registration of the mark 'BODY ART GYM' and pay substantial damages.

trademark defendant favorable · Oct 23, 2018

Pankaj Sales Corporation v.Indra Jain Industries

Delhi High Court · 165382209

The Delhi High Court dismissed an execution petition filed by Pankaj Sales Corporation against Indra Jain Industries. The dispute centered on whether the judgment debtor was violating a consensual decree related to trademark use. The court ruled that while the defendant was bound by the settlement agreement regarding specific registered trademarks (TRISHUL/TRIDENT and TRISHUL), the plaintiff could not claim exclusive rights over an unreferenced label design presented in the execution petition. Consequently, the attempt to enforce the alleged violation failed.

trademark mixed · Oct 15, 2018

Powerhouse Licensing LLC v.Ashok Banwarilal Gupta Trading As Qs

Bombay High Court · 181209868

In this Bombay High Court matter concerning alleged trademark infringement, the court accepted an undertaking from the defendants. The defendants committed to refraining from using the trademark or trade name 'POWERHOUSE' across all platforms, including websites and social media. This interim order allows the case to proceed while securing immediate protection for the petitioner's brand.

trademark mixed · Oct 11, 2018

Vennila Clothing Company v.M/s.Arrs Silks

Madras High Court · 56107092

The Madras High Court modified existing interim injunctions in a dispute between Vennila Clothing Company and M/s.Arrs Silks regarding trademark and trade dress infringement. The court partially allowed the applications seeking to vacate the previous injunctions, establishing an interim arrangement where the defendants could use specified changed trade dresses for a period of eleven months. This decision allows the main suit to proceed while providing temporary relief to both parties.

trademark plaintiff favorable · Oct 10, 2018

Meena Prints Pvt. Ltd. v.Shri Ajanta Fabrics And 9 Others

Bombay High Court · 186490234

The petitioner, Meena Prints Pvt. Ltd., filed an IP suit against Shri Ajanta Fabrics and others for infringement and passing off related to its registered trademarks ('Meena Prints' and 'Cotton Design') and associated copyrights. The court granted permanent injunctions restraining the defendants from using similar marks in relation to textile goods.

trademark interim order · Oct 5, 2018

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

Bombay High Court · 165612285

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 · 66617645

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 · 33921838

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 · 50240027

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 · 55081049

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 · 106208643

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 · 171942763

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 · 72833049

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 · 150666097

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 · 47360708

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 · 191907197

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 · 50220827

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 · 137776048

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 · 4950770

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 · 165245693

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 · 11886236

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.

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