M/S. Epsilon Publishing House Pvt. Ltd. v. Union of India and Ors.

Kikli Hospitality Pvt LtdvsThe Registrar Of Trade Marks And Anr

Kikli Hospitality Pvt Ltd filed a petition seeking the rectification of a trademark registration (TM Application no. 4287348) held by Respondent No. 2, alleging non-use of the mark for over five years in Class 43. The petitioner presented evidence suggesting that the registered party lacked necessary operational licenses and was not conducting services under the impugned mark. The Delhi High Court accepted the petition and issued directions to serve notice upon all parties before listing the matter for final adjudication.

Rajesh Kumar Naredi Trading as Visesh AppliancesvsRallifan Limited

The Madras High Court dismissed the petition filed by Rajesh Kumar Naredi against Rallifan Limited concerning the rectification of Trademark No. 306508 in Class 11. The dismissal occurred because both parties had reached a settlement agreement, which was formally recorded by the court. This outcome highlights how out-of-court settlements can resolve complex intellectual property disputes efficiently.

Vimal Agro Products P. Ltd.vsCapital Foods P. Ltd. & Anr.

The Delhi High Court addressed a rectification petition filed by Vimal Agro Products challenging the 'SCHEZWAN CHUTNEY' trademark held by Capital Foods. While acknowledging that the core issue—whether the mark is descriptive or generic—is pending before a Division Bench, the court declined to grant an immediate stay on the registration. Instead, the Court prioritized determining its own territorial jurisdiction over the matter, setting up further hearings to resolve this critical legal question.

Macleods Pharmaceuticals Ltd.vsProcare Laboratories Pvt. Ltd.

The Delhi High Court ruled in favor of Macleods Pharmaceuticals, finding that Procare Laboratories was engaging in passing off by using the name 'Procare' as part of its corporate identity. The court emphasized that for a passing-off action, trademark registration is not essential; rather, prior use and established goodwill are key. Given the defendant's deliberate absence from court proceedings, the court also awarded punitive damages to deter dishonest conduct.

Sushil Kumar T/A Da Polo & Anr.vsThe Polo/ Lauren Company L.P.

This appeal challenged a lower court's decision that rejected an application to dismiss a suit based on lack of jurisdiction. The respondent, holding registered trademarks like POLO, sued the petitioners (Da Polo) for infringement and passing off related to their use of similar marks online. The Delhi High Court upheld the Commercial Court's order, finding that since both parties were conducting business through interactive websites and e-commerce platforms within the court's jurisdiction, a valid cause of action existed.