Vishal Pipes Limited v. Bhavya Pipe Industry

Allied Blenders And Distillers LimitedvsKulbir Singh & Anr.

The Delhi High Court allowed Allied Blenders And Distillers Limited's petition seeking cancellation of a competing trademark, 'ROGER'. The court found that the impugned mark was liable to be removed under Section 47(1)(b) of the Trade Marks Act due to non-use by the respondent. Given that the respondent failed to appear or file a reply despite being served, the petitioner's claims regarding extensive use and goodwill were deemed unrebutted, leading to the successful cancellation of the mark.

M/S Saurabh Agrotech Private LimitedvsRadhey Shyam Agencies

The Delhi High Court granted an interim injunction favoring M/S Saurabh Agrotech Private Limited, who is the registered proprietor of the 'ASHOKA' trademark. The plaintiff sought protection against defendants for alleged infringement, passing off, and copyright violation related to their edible oil products. Given that the plaintiff holds a valid registration and has established a strong prima facie case regarding market confusion, the court restrained the defendants from using the disputed mark pending the final outcome of the suit.

Sun Pharma Laboratories LtdvsB.B. Mohan Kumar Trading As East West Pharma & The Registrar of Trademarks

The Madras High Court dismissed the rectification petition filed by Sun Pharma Laboratories Ltd against Trademark No. 1764708. The court noted that the trademark in question had expired on December 17, 2018, and was not subsequently renewed. Consequently, the petitioner's request to remove the entry from the register became infructuous.

Ozone Overseas Private LimitedvsSri Siddhi Vinayaka Hardware Solutions & Ors.

The Delhi High Court granted several interim reliefs in favor of Ozone Overseas Private Limited, a leading global provider of architectural hardware. The court exempted the plaintiff from mandatory pre-litigation mediation and advanced service upon the defendants, recognizing the urgency of seeking an ad interim injunction. Crucially, the court allowed for the appointment of a Local Commissioner to conduct searches and seizures at the defendant's premises, ensuring evidence preservation in the ongoing trademark infringement suit.

Mohanlal U.Jain Trading As M/s.Master MarketingvsM/S.Lkb Engineering Pvt. Ltd.

The Madras High Court allowed appeals filed by Mohanlal U.Jain, setting aside the Trademark Registry's decision to abandon his applications for 'Rallison APPLIANCES.' The core issue was whether the opposition notice served by M/S.Lkb Engineering Pvt. Ltd. had been properly served on the appellant as required under Section 21(2) of the Trade Marks Act, 1999. The Court found that despite evidence of communication from the respondent, there was no proof presented by the Registry confirming service upon the appellant. Consequently, the appeals were allowed, and the Registry was directed to grant a fresh opportunity for the matter.