Kiran Jain & Ors. v. Kangaro Industries (Regd.) & Ors.

Vinod Kumar LakhotiyavsThe Registrar Of Trade Marks, (Govt. Of India)

In this writ petition, Vinod Kumar Lakhotiya sought judicial intervention to expedite the pending registration of his trademark 'LAKHOTIA DURGA' in Class 29. The petitioner argued that previous opposition had been resolved through a compromise and there was no longer any impediment to registration. The Rajasthan High Court agreed with the prayer, issuing a mandamus-like direction to the Registrar of Trade Marks to decide the application expeditiously, preferably within eight weeks.

Ashok Leyland LimitedvsCaptain Tractors Private Limited

Ashok Leyland Limited filed a suit alleging that Captain Tractors Private Limited was using the mark 'CAPTAIN' to pass off its goods. The dispute centered on whether the use of the mark constituted passing off, given that Ashok Leyland manufactures heavy vehicles while the respondent holds a registration for mini tractors.

Esme Consumers Pvt LtdvsSuraj Collection And Anr

The Delhi High Court granted an interim injunction in favor of Esme Consumers Pvt Ltd against Suraj Collection And Anr, finding a prima facie case of trademark infringement and passing off. The court determined that the defendant's use of similar marks and trade dress was calculated to deceive consumers and erode the plaintiff's established goodwill associated with its cosmetic products. Consequently, the defendants were immediately restrained from using the infringing marks until the final hearing.

Murari Lal Harish Chandra Jaiswal Pvt. Ltd.vsHaresh Patel Trading As Hans Zarda And Registrar of Trademarks Trade Marks Registry, Mumbai

The Bombay High Court ruled in favor of Murari Lal Harish Chandra Jaiswal Pvt. Ltd., ordering the cancellation and removal of the trademark 'HANS ZARDA' (No. 2660422). The court found that 'HANS ZARDA' was visually, structurally, and phonetically deceptively similar to the Petitioner’s established mark, 'HANS CHAAP'. Furthermore, the court noted a lack of credible evidence regarding the Respondent's continuous use of 'HANS ZARDA', leading it to conclude that the mark should be expunged from the register to prevent consumer confusion.

M/S Sita Ram Iron Foundry And Engineering WorksvsHindustan Technocast (P) Ltd.

The Delhi High Court dismissed a rectification petition filed by M/S Sita Ram Iron Foundry against Hindustan Technocast regarding the trademark 'BADAL'. The petitioner alleged that the respondent's registration was obtained through fraud and fabricated documents. However, the court held that while anomalies in the respondent's documentation were noted, the petitioner failed to establish the veracity of their claims on the face of it. Consequently, the cancellation of the long-standing mark could not be granted without a thorough evidentiary test before the Trial Court.