Construction — India Trademark Cases
7 decisions indexed
Page 1 of 1 · 7 total
Mr. Anil Gopalji Thacker v.Mr. Davda Jaydeepkumar Jagdishchandra
The appellant (plaintiff) filed a Trademark Suit against the respondent (defendant) alleging infringement by using the similar trade name 'Kshetrapal Construction'. The appeal challenged the trial court's order rejecting the application for an interim injunction. The High Court dismissed the appeal, finding that the plaintiff failed to establish secondary meaning and had suppressed material facts.
Saint Gobain Construction Products UK Ltd. v.Mr.Tallam Uma Shankar Gupta
The Madras High Court allowed a petition seeking rectification of the Trade Marks Register, directing the removal of the mark 'GYPLOCK' (No. 3536418). The petitioner, Saint Gobain Construction Products UK Ltd., successfully argued that its established trademark 'GYPROC' was similar to the impugned mark and used on identical goods—building materials. Despite arguments regarding common trade terms ('GYP'), the court found the overall similarity between 'GYPROC' and 'GYPLOCK' likely to cause confusion, thereby protecting the purity of the register.
Utracon Corporation Pte Ltd v.Ucon Pt Structural System Private Limited & Ors.
The Delhi High Court granted an interim injunction in favor of Utracon Corporation Pte Ltd against its former licensee, Ucon Pt Structural System Private Limited, and associated entities. The court found a prima facie case for trademark infringement and passing off, noting that the defendants continued to use the plaintiff's registered 'UTRACON' marks after the license expired. Furthermore, the court directed the blocking of the infringing domain name www.utraconindia.com, securing immediate protection for the plaintiff's brand.
Parmesh Construction Company Limited v.Mahinder Bhutani & Anr.
Parmesh Construction Company Limited filed a petition seeking the cancellation and rectification of Mahinder Bhutani's registered mark 'BHUTANI'. The court noted that while the petitioner argued 'BHUTANI' is a common surname, they also use it in their own trademark 'BHUTANI INFRA'. The court directed notice to be issued to the respondents and scheduled further hearings, indicating the matter will proceed through litigation.
Srmb Srijan Private Limited v.Shreegopal Concrete Private Limited
The Calcutta High Court granted an interim injunction in favor of Srmb Srijan Private Limited against Shreegopal Concrete Private Limited. The dispute centered on the 'X-Ribs' surface pattern used on TMT bars, which the plaintiff claimed constituted a distinctive trade dress and trademark acquired through long use and extensive marketing. The court found a strong prima facie case for passing off, noting that the defendant was using an identical imitation of the plaintiff's unique product indicia. This ruling reinforces the protection afforded to unregistered trade dress when demonstrating consumer association.
Aura Synergy India Ltd. v.M/S New Age False Ceiling Co Pvt. Ltd.
The Delhi High Court addressed an interim injunction request filed by Aura Synergy India Ltd. against M/S New Age False Ceiling Co Pvt. Ltd., concerning the use of the trade name 'AURA' for metallic false ceiling products. The court ultimately ruled in favor of the defendants, dismissing the plaintiffs' application. The judgment highlighted that the plaintiffs had suppressed material facts and made misstatements regarding their business history and relationship with the defendants, leading to the vacation of the ex-parte injunction.
Beton Tile Company And Ors. v.Indcen Structural (P) Ltd.
The suit was filed seeking an injunction to restrain the defendants from passing off their inferior quality prepolished cement concrete wall tiles under the name 'DIANA' as being similar to the plaintiff's unique tiles marketed under 'Eurocon Monalisa'. The court ultimately allowed the appeal, finding that the principles of passing off were not applicable to these common goods and that there was no proof of deception.
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