Kunj Aluminium Private Ltd. v. Koninklijke Philips Electricity Nv

M/S Fatima Tile Works And Etc.vsM/S. Sudarsan Trading Company Ltd.

The Madras High Court dismissed two petitions seeking the rectification and cancellation of a registered trade mark ('Umbrella') held by Sudarsan Trading Company Ltd. The petitioners alleged non-use and improper assignment, but the court found that STC maintained continuous ownership and absolute control over its subsidiary, Eastern Clay Works Limited. The judgment affirmed that the use of the mark was legitimate and not dishonest.

National Engineering CollegevsAll India Council for Technical Education

This case involved a dispute between National Engineering College and the All India Council for Technical Education (AICTE) regarding the college's right to use 'National' in its name. The petitioner challenged AICTE regulations that sought to prohibit such usage, particularly those applied retrospectively. The Madras High Court ultimately ruled in favor of the college, holding that the regulatory notification was invalid and could not be applied retroactively, thereby protecting the institution's established identity.

Super Smelters Ltd.vsRekha Tayal &Anr.

The Calcutta High Court ruled in favor of Super Smelters Ltd., a leading manufacturer of TMT Bars, in its application to rectify a trademark registration. The court found that the respondent's mark was deceptively identical and phonetically similar to the petitioner's established 'SUPER SHAKTI' brand. Crucially, the court noted a glaring error by the registrar who failed to consider the petitioner's prior registrations during the examination process. Consequently, the High Court ordered the cancellation of the impugned registration, affirming the petitioner's strong prima facie case and preventing consumer confusion.

Emami Ltd.vsDabur India Ltd.

The Delhi High Court addressed a petition filed by Emami Ltd. seeking the rectification and removal of the trademark 'CHYAWANPRASAD' registered in favor of Dabur India Ltd. The petitioner argued that the respondent was not using the mark, engaging in what they termed 'ghost registration.' Although the respondent initially conceded non-use, the court directed Dabur to immediately initiate the process for cancellation of the mark from the Trade Mark Registry, effectively favoring Emami's claim regarding the mark's validity and use.

Himalaya Global Holdings LtdvsJeena Sikho Lifecare Limited

The Delhi High Court issued a significant order in the trademark infringement suit filed by Himalaya Global Holdings Ltd against Jeena Sikho Lifecare Limited. The court permitted the plaintiffs to file additional documentation and, crucially, addressed the request for an ad interim injunction. While noting concerns over mark similarity and color combination usage, the court granted conditional relief, requiring the defendant (D-1) to change its packaging colors within two weeks while allowing it to exhaust existing stock.