India Trademark Cases
3,667 decisions indexed
Page 94 of 123 · 3,667 total
M/s.Ultra Tile Pvt. Ltd. v.Shri Ganesh Tiles & Granites
The Madras High Court ruled in favor of M/s.Ultra Tile Pvt. Ltd., finding that the defendant, Shri Ganesh Tiles & Granites, had infringed upon its registered trademarks ('ULTRA') and committed passing off. The court held that since both parties operate in the same market (tiles) and target similar consumers, the use of a deceptively similar mark was unacceptable. Consequently, the plaintiff was granted permanent injunctions, orders for destruction of infringing materials, and directions for accounting of profits.
M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.R.Shankar (Thalappakattu Briyani & Fast Food)
The Madras High Court granted a permanent injunction in favor of M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against R.Shankar for passing off. Despite the defendant submitting an affidavit stating they had closed their business, the court found sufficient grounds to grant the injunctive relief under summary judgment proceedings. This ruling reinforces the protection afforded to established trade names and trading styles in the food service industry.
M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Dindigul Thalappakattu Briyani & Fast Food
The Madras High Court dismissed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Dindigul Thalappakattu Briyani & Fast Food. The plaintiff had initially sought permanent injunction and damages for passing off, alleging deceptive similarity in their respective trade marks and trading styles. However, the court accepted the plaintiff's request to withdraw the suit, leading to its dismissal without costs.
M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Dindigul Thalappakattu Biriyani & Fast Food
In a trademark dispute concerning the 'Thalappakatti' brand, M/s. Thalappakatti Naidu Ananada Vilas filed suit against Dindigul Thalappakattu Biriyani & Fast Food alleging passing off and seeking permanent injunction. However, before the court could rule on the merits of the case, the plaintiff chose to withdraw the suit entirely. Consequently, the Madras High Court dismissed the litigation as withdrawn.
M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.T.S.Thalappakettu Briyani & Fast Food (P) Ltd.
The Madras High Court granted a summary judgment in favor of M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against T.S.Thalappakettu Briyani & Fast Food (P) Ltd. The suit, which alleged passing off based on similar trade names, was decreed with a permanent injunction. Although the plaintiff initially sought damages and surrender of goods, they subsequently withdrew those specific prayers after the defendant provided an undertaking to cease using the disputed marks.
M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.New Dindigul Thalappakattu Biriyani
The Madras High Court dismissed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against New Dindigul Thalappakattu Biriyani. The original suit sought permanent injunction and damages for passing off the plaintiff's trade mark, 'Thalappakatti Biriyani Hotel.' However, the court accepted the plaintiff's request to withdraw the case, resulting in its dismissal without costs.
M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Thalappakattu Briyani Fast Food and Indian Chinese Thandoori
The Madras High Court granted a permanent injunction in favor of M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Thalappakattu Briyani Fast Food and Indian Chinese Thandoori. The suit, which was initially filed for passing off, resulted in a summary judgment decreeing the plaintiff's claim for injunctive relief. This decision protects the established goodwill of the plaintiff's 'Thalappakatti Biriyani Hotel' brand against deceptive use by the defendant.
M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.TKB Thalappakattu Briyani & Fast Food
The Madras High Court dismissed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against TKB Thalappakattu Briyani & Fast Food. The original suit sought permanent injunction and damages for passing off, alleging that the defendant was deceptively using similar trade marks and trading styles. However, the plaintiff subsequently instructed their counsel to withdraw the case, leading to its dismissal without costs.
M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Thalappakattu Biriyani, Chicken, Mutton and Fast Food
The Madras High Court dismissed a trademark infringement suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Thalappakattu Biriyani, Chicken, Mutton and Fast Food. The plaintiff had sought permanent injunctions and damages for passing off their trade mark 'Thalappakatti Biriyani Hotel.' However, the court accepted the plaintiff's request to withdraw the suit, leading to its dismissal without costs.
M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Thiru A.Aboobacker
The Madras High Court dismissed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Thiru A.Aboobacker. The original suit sought permanent injunction and damages for passing off the plaintiff's trade mark 'Thalappakatti Biriyani Hotel.' However, the court accepted the plaintiff's request to withdraw the case, leading to its dismissal without costs.
M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Thalappakattu Briyani & Fast Food
The Madras High Court dismissed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Thalappakattu Briyani & Fast Food. The original suit sought permanent injunction and damages for passing off the plaintiff's trade mark, 'Thalappakatti Biriyani Hotel.' However, the court accepted the plaintiff's request to withdraw the case, leading to its dismissal without costs.
M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Bismi Thalappakattu Briyani
The Madras High Court addressed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Bismi Thalappakattu Briyani, which sought permanent injunction and damages for passing off the 'Thalappakatti Biriyani' trade mark. However, before any substantive arguments were heard, the plaintiff withdrew the suit upon instruction from their client. Consequently, the court dismissed the case as withdrawn.
M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.New Thalappakattu Briyani & Fast Food Corner
The Madras High Court dismissed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against New Thalappakattu Briyani & Fast Food Corner. The original suit sought permanent injunction and damages for passing off, alleging deceptive similarity in their respective trade marks and trading styles related to biryani products. However, the plaintiff subsequently instructed their counsel to withdraw the case, leading to its dismissal by the court.
Sun Pharma Laboratories Ltd v.Lupin Ltd & Anr
The Delhi High Court confirmed an interim injunction in favor of Sun Pharma Laboratories Ltd against Lupin Ltd and others. The court found that the defendant's trade mark, TRI-VOBIT, was structurally and phonetically similar to the plaintiff’s registered mark, TRIVOLIB. Despite arguments regarding prior use of 'VOBIT,' the court ruled that the full marks must be compared, establishing a prima facie case for trademark infringement and passing off.
Aquapump Industries & Aquasub Engineering v.Texmo Industries
This Madras High Court judgment records a settlement reached between Aquapump Industries, Aquasub Engineering (Plaintiffs), and Texmo Industries (Defendant) regarding trademark infringement. The original suit sought permanent injunctions against the unauthorized use of the 'TEXMO' mark on various pump products and claimed damages/accounts of profits. Both parties successfully mediated their dispute, leading the court to decree the suit based on the terms of the Mediation Agreement dated February 21, 2017.
M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Thalappakattu Briyani
The Madras High Court addressed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Thalappakattu Briyani, which sought permanent injunction and damages for passing off the plaintiff's trade mark. However, before any substantive hearing on the merits of the infringement claim could take place, the plaintiff chose to withdraw the suit. Consequently, the court dismissed the case as withdrawn.
Mohammed Mohideen (representing M/s.Kalanjiyam Cut Piece) v.M/S.New Kalanjiyam Readymade
The Madras High Court dismissed the interim injunction applications filed by M/s.Kalanjiyam Cut Piece against M/S.New Kalanjiyam Readymade, despite allegations of trademark infringement and passing off. The court noted a significant delay in filing the suit after receiving cease and desist notices from the defendant. Consequently, the judge found it inappropriate to grant an interim injunction at that stage, allowing the main suit to proceed for trial.
K.Ganesh Nadar / M/s. Bharathi Consumer Care Products Pvt.Ltd. v.M/s. Bharathi Consumer Care Products Pvt.Ltd. / K.Ganesh Nadar
This Madras High Court judgment addresses two cross-suits concerning trademark infringement, passing off, and groundless threats related to the brand 'XTRA' in the FMCG sector. The court noted that the dispute was referred to mediation, which proved fruitful. Consequently, a common decree was passed based on a memo of compromise dated 17.02.2017. Under this agreement, the defendant committed to stopping the use of the infringing label and adopting an amended version moving forward.
M/S. Aero Club v.Mr. Sahibjeet & Anr.
M/S. Aero Club filed a suit alleging that Mr. Sahibjeet and others were selling counterfeit products bearing its trademarks, including WOODLAND, TREE DEVICE, and Woodland Label. The plaintiff claimed extensive use of these marks for over 25 years in manufacturing footwear and apparel. After the defendants failed to enter an appearance or file a written statement, the court found they had no real prospect of defending the claim.
M/S.Unisept Nourishments Private Limited v.M/S.KTC Ventures
This Madras High Court judgment records a compromise settlement between M/S.Unisept Nourishments Private Limited and M/S.KTC Ventures regarding trademark infringement of 'LASSI HOUSE'. The parties agreed to drop the suit in exchange for specific terms, including a permanent injunction against passing off, payment of Rs. 1 lakh by the defendant, and mandatory changes to the defendant's branding (displaying 'KTC VENTURES' below 'Lassi House').
M/s.N.Ranga Rao & Sons Private Limited v.M/s.Balarama'S Incense Pvt. Ltd.
The Madras High Court ruled in favor of M/s.N.Ranga Rao & Sons Private Limited, finding that the defendant's use of the mark 'WOOD' constituted both trademark infringement and passing off against the plaintiff's registered word mark 'WOODS'. The court affirmed that since both marks were used for identical goods (incense sticks) within the same trade channel, deception was inevitable. Consequently, the suit was decreed, granting permanent injunctions, ordering the surrender of infringing stock, and directing the defendant to render accounts.
Zenner International Gmbh & Co Kg And Anr v.Anand Zenner Company Pvt Ltd
The plaintiffs filed a suit for permanent injunction against infringement and passing off concerning the trade mark 'Zenner'. The defendant challenged the territorial jurisdiction and the applicability of Section 134 of the Trade Marks Act. Ultimately, the court dismissed the suit because the plaintiffs failed to lead any evidence despite repeated opportunities.
M/S Mont Blanc Simplo Gmbh v.Gaurav Bhatia And Ors
In this contempt petition filed by Mont Blanc against Gaurav Bhatia and others, the Delhi High Court addressed procedural issues related to enforcement. The court upheld the maintainability of the contempt action despite the availability of execution remedies, citing Supreme Court precedent (Rama Narang). Furthermore, the court granted directions for a local commission, appointing several advocates to inspect premises, inventory counterfeit products sold on www.montblancwriting.com, and seize infringing goods in violation of prior injunctions.
Marina Food Products Private Limited v.Britannia Industries Limited
The Delhi High Court upheld an ex-parte injunction granted by the Trial Court against Marina Food Products Private Limited for using the trademark 'MARIE' in relation to biscuits. The court found that the initial order met the legal requirements under Order 39 Rule 3 of the CPC, as sufficient reasons were recorded regarding potential public confusion and harm. Furthermore, the appeal challenging the jurisdiction of the Delhi Courts was dismissed, confirming the trial court's authority to proceed with the trademark infringement suit.
Kleenage Products (India) Pvt.Ltd v.The Registrar Of Trade Marks And Anr
The Bombay High Court ruled in favor of Kleenage Products, directing the Registrar of Trade Marks to restore and renew the trademark 'KLITOLIN'. The core issue was whether the mandatory prior notice (Form O-3) under Section 25(3) of the Trade Marks Act, 1999, had been issued before the mark's removal. Since the respondents could not provide documentary evidence proving the issuance of this critical notice, the Court held that the removal was illegal and allowed the petitioner to renew the trademark.
Ansari Bilal Ahmadlal Mohd. (Appellant) v.Shafeeque Ahmed Mohammad Sayeed (Respondent-Plaintiff)
The Bombay High Court dismissed the defendant's commercial appeal, upholding the original plaintiff's claim of passing off. The court found that a strong prima-facie case existed for passing off, despite differences in calligraphy and design elements. Considering the target audience—laborers with imperfect recollection—the court ruled that the defendant's use of 'SUKOON' was deceptively similar to the plaintiff's established brand, thereby protecting the plaintiff's proprietary rights.
M/S Zihwa Foods Pvt Ltd v.M/S G D Foods Manufacturing (India) Pvt Ltd
The Delhi High Court dismissed an appeal filed by M/S Zihwa Foods Pvt Ltd challenging a single judge's order. The appellant had sought to reject the original suit for permanent injunction on the grounds that the plaintiff lacked a registered trademark in Class 30, making the infringement claim unsustainable. The court upheld the initial decision, noting that when adjudicating an application under Order VII Rule II CPC (rejection of plaint), the court must rely solely on the averments made in the plaint.
Kellogg Company v.Pops Food Products (P) Ltd.
The Delhi High Court dismissed Kellogg Company's appeal against the Intellectual Property Appellate Board's decision to remove its 'POPS' trademark from the register. The core issue was non-use, as the petitioner failed to provide evidence of bona fide use in India since 1989, despite claiming international adoption and goodwill. The court upheld the IPAB's finding that a prolonged lack of domestic commercial activity negates the right to maintain registration under Section 47 of the Trademarks Act.
M/S. Orient Bell Limited v.M/S. Royal Marketing
The plaintiff, M/S. Orient Bell Limited, filed a suit seeking permanent injunction against M/s. Royal Marketing and M/s. Orient Cera Tiles for infringing its trademark 'Orient' and copyrighted logo 'Orient Tiles'. The court found that the defendants were engaging in passing off and infringement of the plaintiff's mark. Consequently, the suit was decreed with relief granting injunctions and awarding damages.
M/S Bombay Plaster Industries v.M/S Jagdamba Plaster
M/S Bombay Plaster Industries appealed a trial court order that rejected its application for a temporary injunction against M/S Jagdamba Plaster, alleging infringement of its 'Hi-Tech' trademark and copyright. The appellant claimed its label had acquired significant goodwill and was being deceptively copied by the respondents using similar labels like 'Hi-Techi' and 'I-Tek'. However, the High Court dismissed the appeals, finding no manifest error in the trial court's decision regarding the temporary injunction, while directing the lower court to expedite the main suits.
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