A.D.Padmasingh Issac (Trading as Aachi Spices and Foods) v. Hariharan (Trading as Sruthi's Masala) & The Registrar of Trademarks

Gemini Edibles And Fats India LimitedvsDream Freedom Herbal Pvt. Ltd.

The Delhi High Court allowed a rectification petition filed by Gemini Edibles And Fats India Limited against Dream Freedom Herbal Pvt. Ltd., directing the removal of the respondent's trademark (No. 3213226). The court found that the impugned mark was deceptively similar to the petitioner's prior and well-reputed 'FREEDOM' marks, noting that the addition of a prefix did not differentiate it sufficiently. Given the identical nature of the goods and target consumers, the registration was deemed obtained dishonestly to trade upon the petitioner's goodwill.

Kurian John MelamparambilvsSulbha G. Shenoi; The Trademark Registry

The Madras High Court dismissed the Original Petition filed by Kurian John Melamparambil seeking rectification of Trademark No. 1301085. The dismissal was based on a submission from the first respondent, stating that the trademark had not been renewed since August 6, 2014. Consequently, the petition to remove or rectify the entry became infructuous.

Rainforest Cafe, Inc.vsRainforest Cafe And Ors.

The plaintiff, Rainforest Cafe, Inc., sought an interim injunction against defendants operating a restaurant under the name 'RAINFOREST CAFE', alleging that the defendant was copying its globally recognized trade mark and style. The court found that the plaintiff had established a prima facie case based on its worldwide reputation and noted that passing off applies to services as well as goods, thus confirming the interim order.

Puma SevsK.Srinivasan Trading as K.Srinivasan Mills & The Registrar of Trade Marks

The Madras High Court allowed Puma Se's petition for rectification, directing the removal of a conflicting trade mark registration (No. 2892343) held by K.Srinivasan Mills. The court found that the leaping cat depicted in the respondent's label bore a strong resemblance to Puma's registered 'leaping puma' logo. This ruling reinforces the principle that established trademark proprietors are entitled to protect their distinctive logos against confusingly similar marks, even if those marks operate in related classes.

Ganesh Grains Ltd.vsDharmendra Kumar Gupta & Anr.

The Delhi High Court allowed a rectification petition filed by Ganesh Grains Ltd., leading to the removal of the 'GANESH HARA MATAR' trademark registered by Dharmendra Kumar Gupta & Anr. The court found that the impugned mark was deceptively similar to the Petitioner’s long-standing and well-established 'GANESH' brand, which has been in use since 1936. Furthermore, the Respondent failed to provide evidence of actual user of the mark, leading the Court to cancel the registration under Section 47(1)(b) of the Trade Marks Act.