M/S RSPL HEALTH PRIVATE LIMITED v. Govind Rathore

Anita Rajesh UpadhyayvsAutomark Industries (India) Pvt.Ltd.

The Bombay High Court partially allowed a writ petition challenging an order that appointed a Court Commissioner in a trademark infringement suit. The court found that the original application lacked proper foundation, was filed long after the injunction, and contained arbitrary directions regarding premises searches. While quashing the impugned order, the High Court directed the trial court to reconsider the application afresh, taking into account the defendant's objections regarding the commissioner's appointment.

M/S Radico Khaitan LimitedvsM/S Brima Sagar Maharashtra Distilleries Ltd

M/S Radico Khaitan Limited filed a suit against M/S Brima Sagar Maharashtra Distilleries Ltd alleging infringement of several trademarks related to alcoholic beverages. The court addressed multiple interim applications, including those seeking liberty to sue for other unregistered marks and enlargement of time. Ultimately, the court partly allowed the applications, granting an interim injunction that restricts the Defendant from using identical or deceptively similar labels for specific products while permitting the use of generic terms without the protected prefix.

Himalaya Wellness Company & Ors.vsWipro Enterprises Private Limited

Himalaya Wellness Company initiated proceedings in the Delhi High Court seeking to challenge the validity of Wipro Enterprises Private Limited's trademark registration 'EVECARE.' The court allowed the plaintiffs' application under Section 124 of the Trade Marks Act, 1999. Consequently, the court framed a specific issue questioning whether the defendant's mark is invalid and liable for removal/cancellation from the Register of Trademarks, setting the stage for further substantive litigation.

M/S Raj Steel Rolling MillsvsM/S Haryana Strips Pvt Ltd & Anr.

The Delhi High Court allowed a petition filed by M/S Raj Steel Rolling Mills seeking cancellation of the trademark 'SHAILDU HEAVY'. The court found that the impugned mark was deceptively and structurally similar to the Petitioner's prior registered mark, 'SALDU', which had been in continuous use since 1974. Given the identical nature of the goods (iron and steel shapes) and the clear evidence of prior usage by the petitioner, the registration of 'SHAILDU HEAVY' was deemed a contravention of the Trade Marks Act, leading to its cancellation.

AB MAURI INDIA PRIVATE LIMITEDvsVICKY AGGARWAL & ORS.

The Delhi High Court addressed a dispute regarding the scope of an undertaking provided by defendants concerning the use of the trademark 'TOWER'. The court ruled that the undertaking could not be extended to specific goods (Monosodium Glutamate, Citric Acid, Tartaric Acid, Camphor, Hexamine tablets in Class 1, and green raisins in Class 29) because the plaintiff had explicitly acknowledged the defendants' right to use the mark for those categories in their plaint. Consequently, the court modified the undertaking, limiting its restriction only to other goods.