M/S Rspl Health Private Limited v. Bhagwati Gram Udyog Mandal & Anr

Biswanath Hosiery Mills Limited & AnrvsMicky Metals Limited

The Calcutta High Court dismissed the plaintiffs' interim application seeking protection for their trademark 'LUX'. Despite presenting evidence of long-standing use, massive sales figures, and international presence, the court found insufficient grounds to grant relief at the interim stage. The judgment noted that the mark 'LUX' has been used by various entities and pointed to prior legal challenges regarding its registration, ultimately finding no compelling reason to favor the plaintiffs.

Bhole Baba Milk Food Industries Ltd.vsParul Food Specialities Pvt. Ltd.

The Delhi High Court addressed an appeal concerning the use of the trademark 'KRISHNA' in dairy products. The court ruled that a common word, even if associated with a deity like Lord Krishna (who is linked to milk and butter), cannot be monopolized by a single entity. Furthermore, the court held that when a defendant uses a disputed mark prefixed by other words ('PARUL'S LORD KRISHNA'), confusion regarding the source of goods is unlikely, provided those prefix words are given equal prominence as the core trademark. The appeal was dismissed, affirming the interim relief granted to the respondent.

Delhi Public School SocietyvsDelhi Public International School

The Delhi Public School Society filed a suit seeking permanent injunction against Delhi Public International School for alleged trademark infringement and passing off, claiming that the use of 'DPIS' was deceptively similar to their established brand 'DPS'. The court initially granted an interim injunction recognizing the plaintiff's prior rights. However, upon considering subsequent developments, particularly the change in name by the defendant school, the court concluded that the main cause of action no longer survived against all parties. Consequently, the suit was disposed of, allowing the plaintiff to pursue remedies regarding pending trademark applications.

M/S.Gm Modular Private LimitedvsK.Dalpat Singh

The Madras High Court allowed petitions filed by M/S. Gm Modular Private Limited seeking the rectification of two rival trademarks, 'GM Pipe' and 'GMware'. The court found that the 1st Respondent adopted these marks with an ulterior motive to ride on the Petitioner’s established goodwill and reputation associated with the 'GM' brand since 1999. Despite arguments regarding differing classes of goods (Class 19 vs Class 17), the court held that the similarity and bad faith adoption justified removing the infringing marks from the Register.

M/s. Vidyarthi BhavanvsM/s. Vidyarthi Bhavana Dose House

The Karnataka High Court addressed a writ petition challenging the trial court's refusal to grant an ex parte injunction in a trademark infringement suit. The petitioner, M/s. Vidyarthi Bhavan, argued they had a strong prima facie case against the respondent for using a deceptively similar name ('Vidyarthi Bhavana Dose House') for their restaurant business. While the High Court did not rule on the merits of the infringement claim itself, it intervened by directing the lower court to expedite the proceedings and pass necessary orders within 30 days.