FMCG — India Trademark Cases
913 decisions indexed
Page 1 of 31 · 913 total
Manash Lifestyle Private Limited v.Wella International Operations Switzerland Sarl & Anr.
Manash Lifestyle Private Limited filed a petition under Section 57 of the Trade Marks Act, 1999 seeking rectification/cancellation of the trademark 'ULTIME SMOOTH' registered in Class 03 in favour of Wella International Operations Switzerland Sarl. The parties entered into a Settlement Agreement dated 17.07.2026, which the court found lawful. Pursuant to the settlement, the court allowed the petition and directed the Registrar of Trade Marks to remove the mark from the Register to maintain its purity.
Parle Products Pvt Ltd v.The Registrar of Trade Marks & Anr.
Parle Products Pvt Ltd challenged the dismissal of its opposition (No. 1075195) against respondent no.2's trademark application (No. 1606126) for the mark '20-20' in Class 30. The Registrar dismissed the opposition, the Single Judge upheld that order, and the Division Bench also dismissed Parle's Letters Patent Appeal. The court held that Parle, having claimed before the Registry that its mark was dissimilar to the cited mark to obtain registration, could not later claim deceptive similarity to seek equitable relief against the registered proprietor. The respondent no.2's diligent pursuit of registration was upheld, and Parle's intervening use of the same mark was given no special benefit.
Jagdish Dahyalal Patel v.Anchor Consumer Products Private Limited
The Delhi High Court dismissed the appeal filed by Jagdish Dahyalal Patel challenging an ex-parte ad-interim injunction that restrained him from using the mark 'DYNAFRESH' for air fresheners, which was found deceptively similar to Anchor Consumer Products' registered trademark 'DYNA' used for soaps and personal care products since 1999. The appellant argued that the respondent suppressed material facts regarding his prior use since June 2021, but the court held that the 45 GST invoices could not overcome the Registrar's finding of no bona fide user and the established deceptive similarity. The court upheld the Single Judge's detailed reasoning and found no suppression warranting interference with the injunction.
SAPAT International Private Limited v.Niravi Consumer LLP and Ors.
SAPAT International Private Limited, the registered proprietor of the trademark 'SAPAT' in Class 30 for tea (with roots tracing back to 1944/1957), sued Niravi Consumer LLP and related entities for trademark infringement and passing off after the defendants began using 'SAPAT' alongside their brand 'NIRAVI' on tea outlets and signages following termination of supply arrangements. The court had earlier recorded the defendants' statement on 28 January 2025 that they would not use 'SAPAT' on packaged tea. In IA(L) 18951/2025, the plaintiff alleged violation of that order, but the court held the statement was confined to packaged tea and the defendants were selling loose tea under the trading name Sapat & Co. Nashik, dismissing the violation application. However, the court found that the use of signages and invoices bearing 'SAPAT' did constitute infringement of the plaintiff's registered trademark.
Ads Spirits Pvt. Ltd. v.The Registrar of Trade Marks
Ads Spirits Pvt. Ltd., part of the ADS Group of liquor companies, appealed under Section 91 of the Trade Marks Act, 1999 against the Registrar's refusal to register the mark 'OFFER' in Class 33 for alcoholic beverages. The Registrar had refused registration under Section 9(1)(a) on the ground that the mark was a common/personal/geographical name and non-distinctive. The Delhi High Court held that the Registrar applied the wrong test, since Section 9(1)(a) bars marks devoid of distinctive character but does not require uniqueness, novelty, or inventiveness as a precondition for registration. The court found the impugned order to be non-speaking and perverse, showing complete non-application of mind, and quashed it while directing reconsideration.
Ultratech Cement Ltd And Anr v.Shaktishali Cement Pvt Ltd
The Bombay High Court ordered the destruction of cement bags bearing the impugned marks 'VIJAY ULTRA Power CEMENT with Sun Logo' and 'Ultra hi-plus CEMENT Bemisal Majbooti' as they were found to be infringing the trademarks of Ultratech Cement Ltd. The court also allowed the plaintiff to file brief written submissions along with compilation of case law. The case has been stood over to August 3, 2026 for final hearing.
Honasa Consumer Ltd v.Visage Beauty And Health Care Pvt Ltd
The Delhi High Court allowed a petition filed by Honasa Consumer Ltd seeking rectification of the trademark 'D-TAN' registered in favor of Visage Beauty And Health Care Pvt Ltd. The court held that the mark 'D-TAN' is descriptive and not registrable under the Trade Marks Act, 1999. The registration of the mark 'D-TAN' was cancelled, and the Registrar of Trade Marks was directed to remove the registration from the Register of Trade Marks.
Renee Cosmetics Private Limited v.Ms. Rupali Sharma & Anr
The Delhi High Court allowed the petition filed by Renee Cosmetics Private Limited and directed the Registrar of Trade Marks to cancel the registration of the mark 'GLASS SKIN' granted in favour of Ms. Rupali Sharma. The court held that the term 'GLASS SKIN' is generic and descriptive of the goods, and therefore, cannot be monopolized by any party. The respondent had filed a trademark application for the mark 'GLASS SKIN' in Class-03 on a 'proposed to be used basis' and was granted a registration certificate, which was challenged by the petitioner.
Shubham Goldiee Masale Pvt. Ltd v.Ashok Kumar & Ors
The Delhi High Court granted an injunction against the defendants for infringing the plaintiff's trademarks, copyrights, and artistic works. The court also exempted the plaintiff from pre-litigation mediation and effecting advance service. The defendants were directed to block and suspend the impugned website and preserve domain registration records.
Amber Nutrition Private Limited v.Ms. Neetu Choudhary & Anr
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Amber Nutrition Private Limited, restraining the defendants from using the trademark 'AMBER KREAM TOFFEE' or any other similar mark. The court found that the plaintiff had established a prima facie case of trademark infringement and that irreparable harm would be caused if the injunction was not granted. The defendants were directed to file an affidavit disclosing their sales and to provide an account of profits.
Himalaya Global Holdings Ltd & Anr v.Awadh Bihari Badal Proprietor Of Aloe Care Arogya Life & Anr
The Delhi High Court granted an ex parte ad interim injunction in favor of Himalaya Global Holdings Ltd, restraining the defendant from using the mark 'Liv-22' which is deceptively similar to the plaintiff's registered trademark 'Liv.52'. The court found that the plaintiff had made out a prima facie case for grant of interim injunction and that the balance of convenience lay in favor of the plaintiff. The defendant's use of the mark 'Liv-22' was likely to cause irreparable harm to the plaintiff's goodwill and reputation.
Grm Foodkraft Pvt Ltd And Anr v.Ks Agro Impex And Anr
The Delhi High Court granted an injunction in favor of Grm Foodkraft Pvt Ltd, restraining Ks Agro Impex from selling Golden Sella Basmati Rice in packaging that is deceptively similar to the plaintiff's trade dress. The court found that the defendant's packaging was likely to cause confusion among consumers and harm the plaintiff's goodwill. The defendant is allowed to continue selling Golden Sella Basmati Rice using distinct and non-deceptive packaging. The case highlights the importance of protecting intellectual property rights, particularly in the FMCG sector.
Safex Chemicals India Limited v.Safex Seed India Llp & Anr
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Safex Chemicals India Limited, restraining Safex Seed India Llp & Anr from using the trademark 'SAFEX' in relation to agrochemical products. The plaintiff claimed to have adopted and used the trademark 'SAFEX' since 1991 and had established a substantial sales turnover and widespread advertising and promotion of its products under the trademark. The court allowed the plaintiff's application for an ex-parte ad-interim injunction, citing the plaintiff's prima facie case and the balance of convenience in its favor.
Dabur India Limited v.Emami Limited
The Delhi High Court has upheld an injunction against Dabur India Limited's product 'COOL KING THANDA TAEL' due to its deceptively similar trade dress to Emami Limited's Navratna Oil. The court found that the trade dress of Dabur's product was likely to mislead consumers and constitute passing off. The appeal by Dabur India Limited was dismissed, and the pending application was also dismissed. The court's findings are prima facie and subject to the final decision in the suit post-trial.
Danone Asia Pacific Holdings Pte. Ltd v.Manju Kumari Wife Of Sudhir Suman & Anr
The Delhi High Court allowed a petition filed by Danone Asia Pacific Holdings Pte. Ltd to cancel the registration of the trademark PROTRILEX, which was found to be deceptively similar to Danone's registered trademark PROTINEX. The court held that the registration of PROTRILEX was in violation of Section 11(1)(b) of the Trade Marks Act, 1999. The court directed the Registrar of Trade Marks to rectify the register within four weeks.
Select Citywalk Retail Private Limited v.Garg Realtech Private Limited
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Select Citywalk Retail Private Limited against Garg Realtech Private Limited, restraining the defendants from using the trademark 'CITYWALK' or 'GLOBAL CITYWALK'. The court also granted exemption from pre-institution mediation and advance service to the defendants. The plaintiffs claimed that the defendants were using a deceptively similar trademark, which could cause confusion among consumers.
Select Citywalk Retail Private Limited v.Gold Coast Developers Pvt. Ltd.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Select Citywalk Retail Private Limited against Gold Coast Developers Pvt. Ltd. for using a deceptively similar trademark. The plaintiff claimed that the trademark 'CITYWALK' is a unique mark adopted by them in 2004 and has become an industry standard for shopping malls and commercial spaces in India. The court allowed the plaintiff's application for exemption from filing original documents and advance service to the defendants.
Spalon India Private Limited v.Mrs Pooja Gupta Trading As B Bounce Salon
The plaintiff, Spalon India Private Limited, filed a suit against the defendant, Mrs Pooja Gupta Trading As B Bounce Salon, for alleged infringement of its registered trademark 'BOUNCE'. The parties reached a settlement and executed a memorandum of compromise, which was accepted by the court. The defendant agreed to a decree in terms of the remedies claimed by the plaintiff and paid a sum of Rs.30,000/- as costs. The parties also provided for payment of liquidated damages of Rs.10,00,000/- in the event of breach.
S.S. White Burs Inc v.The Registrar Of Trade Marks, & S.S. White Dental Private Limited
The Delhi High Court granted rectification of the respondent's trademark registration for 'S.S. WHITE' in Class 5 and Class 10, as the petitioner, S.S. White Burs Inc, had prior use and registration of the mark 'S.S. WHITE BURS INC' in Class 10. The court held that the respondent's use of the impugned mark was likely to cause confusion among consumers. The respondent was directed to file an affidavit indicating the quantity and batch number of the existing stock of products bearing the impugned mark and was allowed to dispose of the existing stock within a specified time frame.
Johnson Paints Co v.Johnson Paints Private Limited
The Patna High Court granted an interim injunction in favor of Johnson Paints Co, restraining Johnson Paints Private Limited from using the trademark 'JOHNSON' with prefixes and suffixes or any other trademark identical or deceptively similar to the plaintiff's trademark. The court found that the plaintiff had established a better common law right and that the defendant's use of the trademark would lead to dilution of the plaintiff's brand identity and cause deception of the public. The court also directed the learned Commercial Court to expedite the hearing of the suit.
Hatsun Agro Product Ltd v.Patanjali Biscuits Pvt Ltd and Patanjali Ayurved Ltd
Hatsun Agro Product Ltd's appeal against the dismissal of its suit for trademark infringement and passing off by Patanjali Biscuits Pvt Ltd was dismissed by the Madras High Court. The court held that the trademarks 'Arogya' and 'Patanjali Aarogya' are not similar and that the respondents are protected under Section 28(3) of the Trade Marks Act. The court also found that the goods marketed by the appellant and the respondents are different and that the respondents' trademark is prefixed with the word 'Patanjali'.
Ms Anuradha Sharma & Anr v.Jiva Ayurvedic Pharmacy Limited & Ors
The Delhi High Court set aside an order granting an interlocutory injunction to Jiva Ayurvedic Pharmacy Limited, allowing Ms Anuradha Sharma to continue using the mark 'SHATAM JEEVA'. The court found no deceptive similarity between the rival marks and no misrepresentation. The appeal was allowed, and the observations made were prima facie in nature. The court's decision will not influence the consideration of the merits of the suit pending before the Commercial Court.
Anil Shah Trading As Le Shark India v.Le Shark Apparel Limited
The Bombay High Court overruled a preliminary objection and allowed an appeal against an order directing the removal of a trademark from the register. The appellant, Anil Shah Trading As Le Shark India, had challenged the order passed by a single judge in a commercial miscellaneous petition filed by Le Shark Apparel Limited. The court held that the appeal was maintainable under Section 13 of the Commercial Courts Act, 2015.
Ganesh Consumer Products Ltd v.Assistant Registrar Of Trademarks And, K.R. Nagendra, K.N. Shobha
Ganesh Consumer Products Ltd appealed against the registration of a trademark by Shankar Industries. The court dismissed the appeal, holding that Shankar Industries was entitled to protection under Section 12 of the Trade Marks Act. The court found that Shankar Industries had established use of the mark since 1995-1996 and that the appellant's use did not pre-date theirs. The court also noted that many of the appellant's registrations were limited to the state of West Bengal, while the respondents' registrations were limited to Karnataka.
More Than Water Private Limited v.Nesco Limited
The Delhi High Court denied an ad-interim injunction to More Than Water Private Limited against Nesco Limited, but directed both parties to sell their packaged drinking water products within their respective states. The court found that the plaintiff had not established a prima facie case for an ad-interim injunction. The plaintiff had claimed that the defendant's mark 'MY WATER BOX' was similar to its own mark 'WATER BOX' and would cause confusion among consumers.
Crocs Inc. & Anr v.Summersalt Lifestyle Private Limited
Crocs Inc. filed a lawsuit against Summersalt Lifestyle Private Limited for trademark infringement. The court granted an ex-parte ad-interim injunction against the defendant, restraining them from manufacturing and selling footwear that infringes Crocs' trademark. The court also directed the defendant to maintain and preserve accounts and documents related to the manufacture and sale of the impugned products.
Shubham Goldiee Masale Pvt Ltd v.Jai Shiv Oil Industries And Anr
The Delhi High Court has ruled in favor of Shubham Goldiee Masale Pvt Ltd, directing the cancellation of Jai Shiv Oil Industries' trademark 'GOLDI' due to its similarity with the petitioner's trademark 'GOLDIEE'. The court found that the two marks were phonetically, visually, and structurally nearly identical, and that the respondent's adoption of the mark 'GOLDI' was without bonafide intention. The court also noted that the two parties were in the same business and had common trade circles, distribution networks, and retail outlets, which increased the likelihood of confusion among consumers.
Laser Shaving India Private Limited v.Rkrm International Products Private Limited
The Bombay High Court dismissed the Commercial Appeal filed by Laser Shaving India Private Limited against Rkrm International Products Private Limited, upholding the lower court's order refusing a temporary injunction. The court found that the plaintiff had suppressed relevant material and was estopped from seeking relief due to its previous stand before the Registrar of Trade Marks. The defendant had commenced selling impugned products after the plaintiff's representation to Galactic, and the court concluded that the elements of estoppel were satisfied.
Brown-Forman Distillery, Inc v.Brewholik Private Limited And Anr
The Delhi High Court dismissed an application by Brewholik Private Limited to sell existing stock of whiskey bearing the trademark 'OLD FORESTER', which is registered by Brown-Forman Distillery, Inc. The court held that the sale of the seized goods would be violative of the provisions of the Excise Act, 2009 and the Act. The court also noted that the plaintiff had vehemently disputed the quality of the seized goods, alleging them to be counterfeit.
Allied Blenders And Distillers Limited v.Vijayawada Distilleries Private Limited & Another
The plaintiff filed an interim application alleging infringement of its well-known trade mark, "OFFICER'S CHOICE," and related labels by the defendants who adopted deceptively similar marks like "EXECUTIVE CHOICE" and "OLD CROWN". The court examined the proprietary rights, noting that the Plaintiff had secured registrations for these marks and variants. Based on a prima facie comparison of the rival marks and evidence of deceptive similarity, the court granted ad-interim relief.
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