India Trademark Cases
3,740 decisions indexed
Page 95 of 125 · 3,740 total
Christian Louboutin Sas v.Abubaker & Ors.
Christian Louboutin Sas filed a suit against Abubaker & Ors., alleging trademark infringement and passing off based on its registered mark 'RED SOLE,' which refers to the red color applied to ladies footwear soles. The core dispute centered on whether this specific color shade could be protected as a trademark, especially when the defendants were using their own wordmark 'VERONICA.' The Delhi High Court ultimately dismissed the suit, holding that the use of a single color does not qualify as a trademark under relevant provisions and that Section 30(2)(a) disentitled the plaintiff from claiming infringement or passing off.
Somashekar P Patil (Appellant) v.D V G Patil (Respondent)
This Karnataka High Court appeal addressed a dispute over trademark infringement and passing off between two parties sharing the surname 'Patil'. The appellant sought to maintain an interim injunction against the respondent for using 'Patil Fragrances', claiming it infringed his registered mark. However, the court ultimately dismissed the appeal, ruling that the respondent's use of the name was bona fide. The judgment emphasized that Section 35 of the Trademarks Act protects a person's right to use their own surname in business, especially when their specific product brands are distinct.
M/S.Sew-Eurodrive Gmbh & Co. Kg v.The Registrar, Trademarks Registry
The Madras High Court dismissed the writ petitions filed by M/S.Sew-Eurodrive Gmbh & Co. Kg challenging the Registrar's decision to treat its trademark applications as abandoned. The court held that since the impugned orders were passed by the Trademark Registrar, the appropriate remedy for the petitioner was not a Writ Petition under Article 226, but rather an appeal before the Intellectual Property Appellate Board (IPAB).
Asugar Engineering Services v.Intellectual Property Appellate Board
The Gujarat High Court allowed the petition filed by Asugar Engineering Services, directing the Intellectual Property Appellate Board (IPAB) to reconsider a trademark rectification application. The court found that the IPAB's original order was flawed because it failed to provide adequate opportunity for both parties to contest the issues of non-use and classification. Consequently, the impugned order was quashed and remanded back to the IPAB for a fresh hearing, ensuring due process is followed.
Country Inn Private Limited v.Country Inns And Suites By Carlson, Inc.
The Delhi High Court dismissed an application filed by Country Inns And Suites By Carlson, Inc. seeking permission to proceed with a trademark rectification petition aimed at cancelling the plaintiff's 'COUNTRY INN' registrations. The court found the defendant's attempt to derail the ongoing infringement suit frivolous and an abuse of process. Consequently, the application was dismissed with significant costs awarded against the defendant.
Marico Ltd. v.Mrs. Jagit Kaur
Marico Ltd. appealed against the Copyright Board's dismissal of its rectification petition, challenging Mrs. Jagit Kaur's copyright registration for the 'NIHAL UTTAM' label. The court found that the Respondent's artistic work was not original but a substantial and colorful imitation of Marico's established 'NIHAR COCONUT OIL' label. Given this clear infringement and lack of originality, the High Court set aside the Board's judgment.
Canara Bank v.N.G. Subbaraya Setty
This Supreme Court judgment addressed a dispute involving Canara Bank and N.G. Subbaraya Setty concerning the use of the trademark 'Eenadu'. The core legal questions revolved around whether the bank's actions, such as selling agarbathies using the trademark, violated the Banking Regulation Act. Furthermore, the court examined the applicability of res judicata when a prior judgment was based on an assignment deed that was prohibited by law under the Trade Marks Act.
Societe Des Produits Nestle S.A & Anr v.Shree Shankeshwar Utensils & Appliances Pvt Ltd
The Delhi High Court allowed Nestle's application seeking a stay of its trademark infringement suit against Shree Shankeshwar Utensils. The core issue was whether filing a rectification petition before the Intellectual Property Appellate Board (IPAB) regarding the validity of the 'MAGGISUN' mark required prior permission from the Civil Court, even while the main suit was pending. Citing Supreme Court precedents, the court held that approaching the IPAB for rectification is an independent statutory right and does not require leave from the civil court. Consequently, the infringement proceedings were stayed until the IPAB decides on the validity of 'MAGGISUN'.
Superon Schweisstechnik India Limited v.Modi Hitech India Ltd.
The Delhi High Court dismissed a trademark infringement suit filed by Superon Schweisstechnik India Limited against Modi Hitech India Ltd. The plaintiff claimed ownership of the trademark VAC-PAC for welding electrodes, arguing it was an arbitrary and fanciful mark. However, the court found that the abbreviation 'VAC-PAC' derived from descriptive terms (Vacuum Packaging) could not be protected as a trademark. Citing settled law, the court ruled that the suit constituted an abuse of process of law and dismissed it with significant costs imposed on the plaintiff.
Ferrero Spa & Nr v.M/S Ruchi International & Anr
The Delhi High Court ruled in favor of Ferrero Spa & Nr, finding that the defendants were infringing upon the well-known 'Ferrero Rocher' trademark and trade dress by selling look-alike chocolates under the brand 'Golden Passion.' Despite being aware of previous injunctions, Defendant No.2 continued to sell these infringing products. The Court awarded damages of ₹10.00 Lac against Defendant No.2, emphasizing that parties who evade court proceedings cannot benefit from their non-participation.
Maya Sharma v.Unique Law Publication House & Ors
The Delhi High Court ruled in favor of Maya Sharma, granting a permanent injunction against Unique Law Publication House & Ors for passing off. The court found that the defendants used deceptively similar trademarks ('UNIQUE' and 'UNIQUE 20') and copied the plaintiff's distinct trade dress on law books. Given the identical goods (law books) and channels of trade, the triple identity test was satisfied, leading to a decree in favor of the plaintiff.
M/S Okaya Power Ltd v.M/S Aqua Healer & Ors
M/S Okaya Power Ltd filed a suit against M/S Aqua Healer & Ors alleging infringement of its registered trademark, 'MINJET', along with claims of passing off and unfair competition. The plaintiff sought a permanent injunction to prevent the defendants from using similar names or designs. After reviewing the pleadings, the court found that there were no prospects for the defendants to successfully defend the claim. Consequently, the application for summary judgment was allowed, and the suit was decreed in favor of M/S Okaya Power Ltd.
M/S. Epsilon Publishing House Pvt. Ltd. v.Union of India and Ors.
The Delhi High Court dismissed an appeal challenging the renewal of the trademark 'LOKPRIYA EASY NOTES.' The court held that despite procedural lapses, such as a delay in payment of surcharge, the Trademark Registry was entitled to grant the renewal because the application was filed within the statutory six-month grace period. This judgment emphasizes that strict adherence to procedure should not automatically invalidate a registration when the core requirements are met.
Apollo Hospitals Enterprise Ltd. v.Sri Sai Apollo Pharmacy
The Madras High Court ruled in favor of Apollo Hospitals Enterprise Ltd., finding that the defendant, Sri Sai Apollo Pharmacy, had infringed upon its registered trademarks ('Apollo', 'Apollo Pharmacy') and committed passing off. The court granted permanent injunctions restraining the defendant from using similar marks or services. Furthermore, the plaintiff was awarded costs and directed the defendant to surrender all infringing materials and render accounts of profits.
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.
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