India Trademark Cases
3,740 decisions indexed
Page 96 of 125 · 3,740 total
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.
Godfrey Phillips India Limited v.P.T.I Private Limited & Ors.
The Delhi High Court dismissed the suit filed by Godfrey Phillips India Limited against P.T.I Private Limited & Ors., finding that the plaintiff failed to establish a valid cause of action for trademark infringement or passing off. The court specifically noted that an owner of a composite registered label cannot claim infringement based solely on the use of a minor part (like a color scheme) by a competitor, citing Section 17 of the Trade Marks Act. Furthermore, the judgment cautioned against using IP law to throttle competition and create monopolies.
Toyota Jidosha Kabushiki Kaisha v.M/S Prius Auto Industries Limited & Ors.
Toyota Jidosha Kabushiki Kaisha filed a suit seeking permanent injunctions against M/S Prius Auto Industries Limited for infringement of its trademarks ('TOYOTA', 'TOYOTA INNOVA', 'TOYOTA DEVICE') and passing off using the mark 'Prius'. The Supreme Court affirmed the High Court's order, finding that Toyota failed to establish sufficient goodwill or market reputation for 'Prius' in India.
Toyota Jidosha Kabushiki Kaisha v.M/S Prius Auto Industries Limited & Ors.
Toyota Jidosha Kabushiki Kaisha filed a suit seeking permanent injunction and damages against M/S Prius Auto Industries Limited for infringement of its trade marks ('TOYOTA', 'TOYOTA INNOVA', etc.) and passing off using the mark 'Prius'. The Supreme Court affirmed the High Court's order, concluding that Toyota failed to establish sufficient goodwill or reputation for 'Prius' in the Indian market.
Royal Orchid Hotels Ltd. v.Kamat Hotels (India) Ltd.
The Supreme Court dismissed a Special Leave Petition filed by Royal Orchid Hotels Ltd. concerning its trademark registration in Class 42 against Kamat Hotels (India) Ltd. The dispute centered on who was the prior user of the 'Royal Orchid' mark. Despite arguments regarding previous litigation, the Court found that the High Court's detailed consideration of evidence—which concluded that the petitioner had not demonstrated first use and that confusion was possible due to similarity—was reasonable and justified. Consequently, the Supreme Court upheld the High Court's decision.
Maja Cosmetics & Anr v.Oasis Commercial Pvt. Ltd.
Maja Cosmetics filed a suit alleging that Oasis Commercial Pvt. Ltd. was infringing its registered trademark 'VI-JOHN' in relation to alcoholic beverages. The court ultimately found that the defendant's use of 'V-JOHN' was deceptive and infringed upon the plaintiff's mark, passing a decree in favor of Maja Cosmetics.
Abbott Healthcare Pvt Ltd v.Raj Kumar Prasad & Ors
The Delhi High Court addressed an application by the plaintiff seeking a stay of infringement proceedings while rectification/cancellation proceedings against the defendant's trademark were pending. The court ruled that Section 124 of the Trade Marks Act requires the issue of invalidity to be formally raised and framed in the suit before a stay can be granted. Since the plaintiff failed to press this issue during the framing of issues, the application was dismissed, emphasizing procedural adherence over subsequent actions.
Mutha Brothers & Ors v.Arjun Singh Rajguru & Ors
The Calcutta High Court addressed a suit concerning trademark infringement and passing off involving the marks 'RADIUM' and 'SPEED RADIUM'. The petitioners successfully established a strong prima facie case, demonstrating that the respondents were imitating their unique artistic get-up, color combination, and layout on packaging. Consequently, the court granted an interim order, appointing a Special Officer to inventory the infringing products while the main litigation proceeds.
M/s Hotel Swagath v.M/s Hotel Swagath East Court
The appellant, M/s Hotel Swagath (registered partnership firm), filed a suit seeking permanent injunction against M/s Hotel Swagath East Court for infringing its registered trademark and passing off. The trial court dismissed the interim injunction application, which was subsequently challenged in this appeal.
Ramesh Mardia & Anr v.M/S Koxan India & Anr
The Delhi High Court allowed the appeal filed by Ramesh Mardia, setting aside a previous single judge's order that had granted an injunction against him. The court recognized the complexity of the trademark ownership dispute concerning 'Mardia Cables,' which involves multiple assignments and prior registrations. To expedite the lengthy litigation, the court appointed a Local Commissioner to record evidence on a day-to-day basis, allowing the trial process to move forward.
Neelkanth Healthcare Pvt. Ltd. v.M/s Neelkanth Minechem
This judgment addresses a jurisdictional challenge raised by petitioners against a trademark infringement suit filed under the Trade Marks Act, 1999. The core dispute was whether the case qualified as a 'commercial dispute' exclusively triable by a Commercial Court under the Commercial Courts Act, 2015. The High Court ruled that since there was no evidence in the plaint suggesting the subject matter value exceeded the statutory threshold of one crore rupees, the suit remained maintainable before the District Court.
M/S Adiga Sweets v.M/S Vasudeva Adigas Fast Food Pvt Ltd
The Karnataka High Court upheld a prior injunction decree in favor of M/S Vasudeva Adigas Fast Food Pvt Ltd against M/S Adiga Sweets. The core issue was whether the use of 'ADIGA'S SWEETS' by the appellant constituted passing off against the respondent, who had established goodwill using variations of 'ADIGA'S' since 1993. The court found that due to the common food industry context and phonetic similarity, an average consumer is likely to confuse the two businesses, thus affirming the finding of passing off.
Praveen Kumar Maakar v.Union Of India And Anr
The Delhi High Court ruled in favor of the trademark applicant, Praveen Kumar Maakar, setting aside an order that deemed his application for 'FRONTIER BAKERY' abandoned. The core issue was whether he received a Notice of Opposition filed by M/s Frontier Bakery Pvt. Ltd. Despite evidence showing dispatch to a related service, the Court accepted the petitioner's claim that he never received the notice. Consequently, the applicant was granted an eight-week window to file his counter-statement.
Vivek Kochher & Anr v.M/S Kyk Corporation Ltd & Anr
The Delhi High Court dismissed the petition filed by Vivek Kochher & Anr challenging an Intellectual Property Appellate Board (IPAB) order that rectified the trademark 'KYK'. The court upheld the finding that the petitioners failed to provide sufficient evidence demonstrating continuous commercial use of the mark since the dates claimed in their registration applications. Consequently, the court affirmed the IPAB's conclusion that the original registration was obtained based on a false statement and fraud, favoring the respondent, KYK Corp.
A.Rajendran v.Thenandal Studios Limited
The appeal was filed by A.Rajendran against an order dismissing his application for injunction, which sought to restrain respondents from using the title 'Mersal' (an adopted version of 'Merrasalaitan'). The court dismissed the appeal, finding that the appellant failed to prove that the subject title had acquired any goodwill or reputation.
Mohd Anesur Rahaman v.Mosarraf Hossain And Ors
The Delhi High Court permitted the plaintiff, Mohd Anesur Rahaman, to amend his plaint in a trademark dispute. The amendment was necessary because the plaintiff had successfully registered the 'ANDAZ BIRI NO.205 LABEL' trademark during the pendency of the suit. This allows the plaintiff to formally pursue infringement claims based on the newly secured registration. The court emphasized that such amendments are allowed under principles of justice and equity to ensure all rights are properly adjudicated.
Ahuja Radios v.H K Sound Electronics & Anr
The Delhi High Court ruled in favor of Ahuja Radios, finding that the defendants were engaged in trademark infringement and passing off by selling counterfeit Public Address Systems (PAS) under a deceptively similar mark. The court emphasized that the defendants' deliberate evasion of court proceedings warranted punitive damages. Consequently, the suit was decreed with permanent injunctions and an award of ₹3,00,000/- in damages.
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