International Foodstuffs Co. Llc v. Vijay Kumar Mittal And Pawan Kumar And ...

Arihant Jain And Others (Arihant Group)vsJaininder Jain And Others (Jaininder Group)

The Delhi High Court issued a crucial interim order in a complex family dispute concerning the use of the 'KANGARO' trademark. The court found that the Arihant Group had established a strong prima facie case and international reputation regarding the mark, warranting protection. Consequently, the Jaininder Group was restrained from using 'KANGARO' for specific stationery items covered by key trademarks until the final disposal of the suits.

The Procter & Gamble CompanyvsRspl Limited

The Delhi High Court allowed a rectification petition filed by The Procter & Gamble Company against Rspl Limited, directing the removal of the trade mark 'VINGS'. The court found that 'VINGS' was phonetically and identically similar to the petitioner's prior registered trademark 'WINGS', which covered identical goods (sanitary pads). Furthermore, the respondent failed to provide credible evidence of use for their mark during the application process. While the immediate rectification is granted, the broader issue regarding Rspl's descriptive use of 'with wings' remains open and will be decided in a separate suit.

Castrol LimitedvsVikas Mishra

The Delhi High Court granted an interim injunction in favor of Castrol Limited against Vikas Mishra regarding alleged trademark and trade dress infringement. The court found a prima facie case based on the similarity between Castrol's established global brand and the defendant's use of marks like 'ACTIVE', 'ACFIVE', and 'POWER'. This initial order restrains the defendant from using confusingly similar branding while mandating the disclosure of sales accounts, setting the stage for further litigation.

Taurus Powertronics Private LimitedvsM.K Srinivasan

The Karnataka High Court addressed an appeal challenging a Commercial Court order that restrained the use of the trademark 'TAURUS'. The court clarified that the restriction on using the name 'TAURUS' remains in effect as directed by the lower court. However, it also ensured that all other rights and contentions between the parties remain open for adjudication by the Arbitral Tribunal, providing a nuanced resolution to the dispute.

Samsudeen AvsThe Registrar of Trade Marks / Salama Eye Hospital Limited

The Madras High Court allowed the appeal filed by Samsudeen A against the Registrar of Trade Marks' decision to abandon a trademark application. The core issue was whether service via email, as per TM Rules, was sufficient when the applicant claimed non-receipt of the opposition notice. Applying a purposive interpretation in the interest of justice, the court ruled that since the appellant could not prove receipt, he was deemed not to have received the notice, thereby quashing the abandonment order and allowing him a chance to file his counter-statement.