Ms Lightbook & Anr. v. Mr Pravin Shriram Kadam & Ors.

M/s.S.Ponnusamy Gounder & Co.vsSri Balaji and Co., Deputy Registrar of Trademarks

The Madras High Court dismissed the Original Petition filed by M/s.S.Ponnusamy Gounder & Co. against Sri Balaji and Co. and the Deputy Registrar of Trademarks. The petition, which sought to cancel a registered trademark (No. 1232741 in Class 30), was withdrawn by the petitioner's counsel due to a compromise reached in an earlier case (C.S.No.797 of 2009). This outcome highlights how pre-existing settlements can impact ongoing IP litigation.

Hindustan Unilever Ltd.vsNashirbhai Mohmedali Mansuri And Anr

Hindustan Unilever Ltd. filed a Commercial IP Suit against Nashirbhai Mohmedali Mansuri and others alleging infringement of its well-known trademark 'Vim', associated logos, and trade dress. The court granted the leave petition and passed an interim order.

Diamond Modular Pvt Ltd.vsYash Arora As Trading As Siddhi Vinayak Traders And Anr.

The Delhi High Court allowed a rectification petition filed by Diamond Modular Pvt Ltd., leading to the cancellation of the respondent's trademark, 'GREEN DIAMOND.' The court found that the impugned mark was deceptively similar and identical to the petitioner's established trademark 'DIAMOND,' which had significant goodwill and reputation in the electrical goods market since 1975. Crucially, the judgment highlighted the dishonest adoption by the respondent, who was an ex-distributor of the petitioner, thereby reinforcing the principle against riding on a competitor's reputation.

Torrent Pharmaceuticals LtdvsIndorbit Pharmaceuticals P. Ltd. & Anr.

The Delhi High Court rejected Torrent Pharmaceuticals' oral request to pass a permanent injunction and decree against Indorbit Pharmaceuticals based on passing off and copyright infringement. Although the defendants failed to file written statements, the court found that the plaintiff had not sufficiently established its prior adoption and usage of the new trade dress (SHELCAL-500) since September 2022. The judgment emphasizes that while a party's failure to respond can lead to a default decree, the threshold for such an order is high, especially in complex IP matters like pharmaceutical products, necessitating full evidence and trial.

Unique Entrepreneurs And Finance LimitedvsReally Agritech Pvt. Ltd.

The plaintiff filed a suit alleging that the defendant is using the deceptively similar trademark 'REALLY' against the plaintiff's registered mark 'RALLI', leading to infringement and passing off. The court granted various leaves sought by the plaintiff, including leave under Clause 12 of the Letters Patent and Section 12A of the Commercial Courts Act, allowing the suit to proceed.