M/S Coral Seal & Ceramics v. Sunil Sagar

Radico Khaitan LtdvsThe Registrar Of Trade Marks

The Delhi High Court heard an appeal filed by Radico Khaitan Ltd challenging the rejection of its trademark application for "EFKAY'S FIVE STAR MYSORE BRANDY." The court found that the Senior Examiner failed to properly consider the Appellant's existing assigned rights in 'EFKAY'S.' While this addressed the Section 11 objection, the court remanded the matter back to the Registrar. The examiner must now reconsider the application based on the remaining descriptive elements of the mark, ensuring a fair hearing for the appellant.

Aachi Spices and Condiments Private Limited (and others)vsAachiamman Chit Funds Private Limited

This appeal before the Madras High Court Commercial Appellate Division challenged a summary judgment that dismissed a suit for trademark infringement. The plaintiffs, owners of registered trademarks related to 'AACHI', argued that the judgment was flawed because it was rendered without hearing their arguments. The court found that the impugned judgment proceeded solely on perusal of the plaint and failed to consider the plaintiffs' submissions. Consequently, the High Court set aside the summary judgment and remanded the matter back to the Commercial Division for a fresh legal drill.

M/S Mrs. Bectors Food Specialities Ltd.vsM/S National Biscuits And Sweet Mfrs.

The Delhi High Court allowed the plaintiff, M/S Mrs. Bectors Food Specialities Ltd., to implead two additional parties—M/s Satnam Mart Private Limited and M/s JK Print Pack—in its ongoing trademark infringement suit against M/S National Biscuits And Sweet Mfrs. This move was based on evidence gathered during a local commission inspection, which revealed that the defendant's infringing products were manufactured by Satnam Mart and printed by JK Print Pack. The court proceeded to issue summonses to these newly added defendants, ensuring the litigation can proceed against all responsible parties.

Burger King CorporationvsSwapnil Patil & Ors.

In a significant move protecting its brand integrity, Burger King Corporation successfully secured an ad interim injunction from the Delhi High Court. The court recognized that defendants were attempting to circumvent previous orders by opening new bank accounts and registering highly similar domain names (www.burgerkingfranchise.co.in). Consequently, the court ordered the immediate suspension of these domains, freezing the associated bank accounts, and mandating the takedown of all infringing online listings.

United Spirits Limited & Anr.vsGlobus Spirits Limited

In a recent order, the Delhi High Court addressed an application filed by Globus Spirits Limited seeking leave to cancel trademark registrations held by United Spirits Limited. The defendant argued that the plaintiffs' trademarks were not in use. The court accepted notice from the plaintiffs and directed them to file a reply within four weeks, followed by a rejoinder within two weeks, setting the next hearing for February 24, 2025.