Bajaj Auto Limited v. Manpreet Gogia & Ors.

Sri Narasu'S Coffee Company Pvt.LtdvsS.Sudhakar

The Madras High Court dismissed the trademark rectification petition filed by Sri Narasu's Coffee Company Pvt.Ltd against S.Sudhakar and others. The dismissal was not a ruling on the merits but rather an acceptance of a Memorandum of Compromise signed between the parties. This settlement effectively resolved the dispute regarding the 'Udhaiyam' trademark registration in Class 30.

Central Park Estates Pvt. Ltd.vsProvident Housing Limited

The Delhi High Court dismissed the defendant's application seeking a three-month adjournment under Section 124 of the Trade Marks Act. The court emphasized that for this provision to apply, the defendant must explicitly plead in their formal pleadings that the plaintiff's trade mark is invalid. Despite the defendant raising indirect challenges to validity in other documents, the court held that the absence of a direct plea meant the statutory requirements were not met, thus denying the request for time to file a rectification petition.

Shrinath Travel Agency Private LimitedvsAjay Kumar Sharma & Anr.

The Gujarat High Court allowed a rectification application filed by Shrinath Travel Agency Private Limited against Ajay Kumar Sharma & Anr. The court found that the mark registered by the respondent was deceptively similar to the applicant's long-standing trademark 'Shrinath'. Crucially, the applicant successfully demonstrated prior use of the mark since 1978, establishing significant goodwill and reputation in the travel industry. Consequently, the court directed the deletion of the infringing registration, reinforcing the importance of proving continuous prior usage rights.

Chandan Sadija & Vikas NahlanivsNeeraj Jewellery & Nishant Gupta

The Chhattisgarh High Court dismissed a writ petition challenging the Commercial Court's jurisdiction in a trademark infringement and passing off suit. The petitioners argued that the court lacked territorial and pecuniary jurisdiction, as the original trademark originated outside Chhattisgarh. However, the High Court upheld the lower court's finding, noting that the defendants were operating within Chhattisgarh and that the plaintiffs had properly pleaded their cause of action and valued the suit above the required threshold for commercial court jurisdiction.

Sharp Kabushiki KaishavsSharp Industries & The Deputy Registrar of Trade Marks

The Madras High Court dismissed the appeal filed by Sharp Kabushiki Kaisha challenging an earlier order that allowed a competitor, Sharp Industries, to register the mark 'SHARP' for pumps. Despite presenting extensive evidence regarding its global reputation and prior use of the trademark, the court upheld the original decision. The core reasons for upholding the registration were that the goods in question (pumps) were deemed dissimilar from the appellant's primary products, and crucially, the appellant failed to definitively establish that 'SHARP' was a well-known mark within India as required by the Trade Marks Act.