Asian Paints Limited v. Agrasen Paints and Chemicals

Arun Kumar MurarkavsRajesh Sultania & Anr

The Delhi High Court addressed applications filed by Arun Kumar Murarka concerning the trademark dispute against Rajesh Sultania & Anr. The core issue involves a petition seeking rectification/cancellation of the 'KAILASA' trademark (Reg. No. 4701472) due to its alleged deceptive similarity to the petitioner's mark, 'KAILASHA'. While an exemption application was allowed, the court proceeded by issuing notice to the defendant and listing the matter for further hearing on October 12, 2021.

Rohini Seeds Private LimitedvsReshma Chemicals Private Limited

The appeal challenged an order that granted a temporary injunction restraining Rohini Seeds Private Limited from using numbers 2222 on its seed packings, based on Reshma Chemicals Private Limited's claim of trademark infringement (R.S.2222). The court found that the plaintiff failed to establish a prima facie case of confusion or irreparable injury.

Marico Ltd.vsMrs. 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.

Ahmed Hussain. B & Sebille Educations Private LimitedvsSh.Sunil Jethi & The Registrar of Trademarks

The Madras High Court allowed an Original Petition seeking rectification of the Trademark Register. The petitioners, owners of 'LITTLE EINSTEINS' in the education sector, successfully argued that the respondent's subsequent trademark, 'LITTLE EINSTEINZ,' was deceptively and phonetically similar to their prior registered mark. The court found that the adoption of the impugned mark was an attempt to deceive the public and capitalize on the petitioners' established goodwill, leading to the cancellation of the infringing registration.

Qarshi Industries Pvt. Ltd.vsAbdul Mueed & Ors.

The Delhi High Court addressed an appeal filed by Qarshi Industries challenging the denial of an ex-parte ad-interim injunction against Hamdard in a passing off suit. The court found that given the complexity of the arguments—including issues regarding the descriptive nature of the Urdu words 'JAM-E-SHIRIN' and potential suppression of facts related to Pakistani trademark disclaimers—the prima facie case was not strong enough for an immediate injunction. Consequently, the appeal was dismissed, requiring both parties to complete their pleadings before further relief could be considered.