Bharathi Consumer Care Products Pvt. Ltd. v. Mr.Suresh

M/s. Fenner (India) Ltd.vsThe Addl. Commissioner of Income Tax, Range I, Kochadai, Madurai

The dispute involved the classification of a lump sum royalty paid by Fenner (India) Ltd. to Fenner, U.K., for the use of the 'FENNER' trade mark. The Assessing Officer treated this payment as capital expenditure, but the Tribunal partially allowed both sides' appeals on different grounds.

Indiabulls Housing Finance Ltd.vsWww.Indiabullsdhanifinance.Co & Anr.

The Delhi High Court ruled in favor of Indiabulls Housing Finance Ltd., finding that the defendant's website and domain name were engaged in trademark infringement, passing off, and unfair competition. The court found that the use of deceptively similar marks ('Indiabulls', 'Dhani') and identical get-up was designed to mislead customers into believing the fraudulent site was affiliated with the Plaintiffs. Consequently, the defendant was permanently restrained from using the infringing marks and their website operation was suspended.

British Engines (UK) LimitedvsThe Assistant Registrar of Trade Marks

The Madras High Court allowed British Engines (UK) Limited's appeal against the Trade Marks Registry's refusal of its mark. The court found that the Registrar's decision was unsustainable because it failed to adequately address the appellant's arguments regarding the device nature and international use of the mark. Consequently, the application was permitted to proceed to advertisement, though with a crucial caveat: the appellant cannot claim exclusive rights over the individual words 'British' or 'Engines'.

Lucas Tvs LimitedvsSurya Carbons

Lucas Tvs Limited filed a suit against Surya Carbons and other entities alleging trademark infringement, passing off, and copyright violation. The plaintiffs sought perpetual injunctions and damages regarding the use of their trademarks (LION, LUCAS TVS) and distinctive packaging on auto electrical parts. However, before the court could rule on the merits, the plaintiffs chose to withdraw the suit.

Semco Infratech Pvt LtdvsSimla Chemicals Pvt Ltd

This Delhi High Court judgment resolves a trademark dispute between Simla Chemicals (owner of SIMCO) and Semco Infratech (using SEMCO). The parties reached an amicable settlement, leading the court to decree the original suit in terms of this agreement. Under the settlement, Simla retains ownership of 'SIMCO' but is permitted to expand its product range, while Semco can continue using 'SEMCO' for specific goods and services, provided they pursue necessary registrations. The ruling provides a clear path forward for both parties to operate without ongoing litigation.