Dharam Chand Ladha Mal v. Subhash Sabun Udyog & Ors

Ramji Lal AgarwalvsSourav Agarwal

This appeal before the Calcutta High Court addressed whether a dispute concerning the use of the trade name 'Sindharam Sanwarmal' fell under the ambit of 'Commercial Disputes' as defined by the Commercial Courts Act, 2015. The plaintiff argued that the matter arose from a family arrangement and was not commercial in nature. However, the court found that the reliefs sought, specifically perpetual injunctions restraining the use of the trade name, manifestly demonstrated an intellectual property dispute relating to trademarks. Consequently, the suit was held to be triable exclusively by a Commercial Court.

Asian Paints LimitedvsGalaxy Paints Private Limited

The Bombay High Court granted Asian Paints Limited leave to combine its claims for trademark/copyright infringement with passing off against Galaxy Paints Private Limited. The court found that the plaintiff had made out a prima facie case of passing off, noting the deceptive similarity between the 'TRACTOR SHYNE' and 'MAGIC TOUCH' trade dresses. Furthermore, the Court issued an interim injunction restraining the defendant from manufacturing or selling products using similar branding until the suit is finally disposed of.

Bombay Dyeing And Manufacturing Company LimitedvsJohn Doe & Ors.

The Delhi High Court allowed the Plaintiff, Bombay Dyeing, to implead two new entities, M/s Ooak Association and M/s Urban Stuff Retail, as defendants in a trademark infringement suit. The court found that these newly identified parties were organizers of an exhibition where counterfeit 'BOMBAY DYEING' bed linens were being sold. Furthermore, the Court granted exemption from advance service to several existing defendants, facilitating the continuation of the injunction proceedings against the infringing products.

Visakha ChemicalsvsThe Central Government Of India And Another

The Delhi High Court dismissed a writ petition challenging an IPAB order regarding trademark invalidity. The judgment affirmed the Full Bench's ruling that the Intellectual Property Appellate Board (IPAB) has exclusive jurisdiction to decide on pleas of trademark registration invalidity, even within the context of an infringement suit. Furthermore, the court clarified the conditions under which an infringement action may be stayed pending rectification proceedings, emphasizing that a civil court must find the plea prima facie tenable before staying the suit.

Mittal Electronic IndustriesvsThe Registrar Of Trade Marks

Mittal Electronic Industries filed a petition challenging the current registration status of the trademark 'MILTON' (No. 419520). The petitioner contends that despite their historical association with the mark, the proprietorship is now incorrectly listed under an unrelated entity, 'Indian Agencies.' The Delhi High Court issued notice to the Registrar of Trade Marks, prompting a formal inquiry into the ownership and registration details of the trademark.