FMCG — India Trademark Cases
541 decisions indexed
Page 1 of 19 · 541 total
Ads Spirits Pvt. Ltd. v.The Registrar of Trade Marks
Ads Spirits Pvt. Ltd. filed an intra-court appeal (LPA) challenging the Single Judge's order that had set aside the Registrar's rejection of its trademark application for 'OFFER' in Class 33 (alcoholic beverages) and remanded the matter for fresh consideration. The appellant contended that the Single Judge erred in not directing publication of the mark under Section 20 of the Trade Marks Act, 1999. The Division Bench held that since the application had not reached the stage of acceptance, advertisement under Section 20 could not be directed, and the authorities under the statute were better equipped to examine the application at the initial stage. The appeal was dismissed, leaving the Registrar to reconsider the application afresh.
M/s. K.R. Bakes Pvt. Ltd. v.Pradeep Kumar K.R. & The Registrar of Trade Marks
M/s. K.R. Bakes Pvt. Ltd. filed a petition under Sections 47 and 57 of the Trade Marks Act, 1999, seeking cancellation and removal of Trademark Registration No. 6305011 in Class 30 registered in the name of Pradeep Kumar K.R. Before the matter could be heard on merits, both parties arrived at an amicable settlement and filed a joint memo of compromise dated 19.08.2026. The Madras High Court recorded the settlement and disposed of the petition, with the compromise memo forming part of the order, and passed no order as to costs.
Braj Mohan Rathore v.Shubham Goldiee Masale Pvt Ltd & Ors
This Letters Patent Appeal (LPA 685/2026) was filed before the Delhi High Court by Braj Mohan Rathore, who claimed he was not a party to the original proceedings before the learned Single Judge. The appellant contended that respondent nos. 3 and 4, who were the original parties, were his predecessors in interest, having assigned the rights in the trademark 'GOLDY' to him. The court directed the appellant to file supporting documents and an affidavit regarding his relationship with respondent nos. 3 and 4, while noting a potentially contradictory affidavit filed by respondent no. 4 before the Registrar of Trademarks.
Fifth Generation Inc. v.Tito's Resorts and Hospitalities Private Limited & Anr.
The Supreme Court of India disposed of two transfer petitions filed by Fifth Generation Inc. (makers of Tito's Handmade Vodka) against Tito's Resorts and Hospitalities Private Limited after the parties reached a mediated settlement. The dispute concerned the use of the 'TITO'S' trademark in India across liquor and hospitality businesses. The Court recorded the settlement agreement dated 04.08.2026, which established terms for coexistence, restricted use of the mark in specific business segments, and mandated withdrawal of all pending opposition, cancellation, criminal, excise, and civil proceedings between the parties.
Merchint Foods and Hospitality Pvt. Ltd. v.Samtani Brothers Pvt. Ltd. & Ors.
The petitioner filed a Leave Petition seeking permission under Clause XII of the Letters Patent Act to institute a suit against the respondent. The petitioner argued that despite the respondents residing outside the court's jurisdiction, the transactions and effects of trademark infringement and passing off were felt within Mumbai. The Court granted leave for the proposed suit.
Mohd Haroon Trading And Proprieties v.M/S Burhanpur Jalebi Centre
This matter originated from a civil suit filed by M/S Burhanpur Jalebi Centre seeking an injunction against Mohd Haroon Trading And Proprieties for trademark infringement. The petitioner challenged the trial court's rejection of their application regarding mandatory pre-litigation mediation proceedings. However, the Madhya Pradesh High Court ultimately dismissed the petition, ruling that it lacked jurisdiction because the impugned order was passed by a Civil Judge below the rank of a District Judge, necessitating an appeal to the appropriate Commercial Appellate Court.
Marico Limited v.Essen Products India Limited
The Bombay High Court granted ad-interim relief in favor of Marico Limited against Essen Products India Limited. The court allowed a leave petition to combine claims for passing off with trademark and copyright infringement. Based on prima facie evidence, the court found that the defendant's product was deceptively similar to Marico's well-established brands (Parachute and Nihar) and depicted in pirated artwork. Consequently, an injunction was issued preventing the defendants from using similar marks or trade dress pending the final disposal of the suit.
Kirti Dal Mills Limited v.Rajesh Lunkad
Kirti Dal Mills Limited challenged an order that stayed its Commercial Suit No. 1 of 2024, citing the pendency of a previous suit. The core dispute involved claims of passing off and copyright infringement related to edible oils under the brand 'CHAMPION'. The High Court found that the trial court misinterpreted the provisions of the Trade Marks Act and the Commercial Courts Act while applying Section 10 CPC. Consequently, the impugned stay order was quashed, allowing the commercial suit to proceed.
Super Milk Products Private Limited v.Pyare Lal Laxmi Narayan And Sons
The Plaintiff sued the Defendant for trademark infringement after the Franchise Agreement terminated. The Plaintiff alleged that the Defendant was clandestinely using a deceptively similar brand name, 'Cuppa Kevanter', which led to passing off of the Plaintiff's well-known trademark 'Keventers'.
Danone And Pacific Holdings Pte Ltd v.Alvo Life Sciences And Ors & Ors
The Delhi High Court addressed a complex trademark infringement suit involving Danone And Pacific Holdings and Alvo Life Sciences. The court formally decreed the suit against defendants 1 through 7 based on a previously executed Memorandum of Compromise, which included payments and undertakings to cease infringing use. Furthermore, the court accepted an offer from defendant 11 to settle the dispute, directing them to deposit damages, thereby facilitating a resolution for all parties involved.
KT&G Corporation (Xx) v.YY
In a significant ruling concerning trademark infringement in the tobacco sector, the Delhi High Court granted an interim injunction and permitted the appointment of Local Commissioners. The plaintiff, KT&G Corporation, sought protection for its renowned ESSE brand against counterfeiting. The court facilitated the execution of commissions to seize infringing products while ensuring procedural fairness, setting the stage for a full trial.
Pachranga International Inc. v.Vishisht Malik Trading As M/S Pachranga Food Industries
Pachranga International Inc. filed an application alleging that Vishisht Malik Trading As M/S Pachranga Food Industries willfully disobeyed a prior court order dated 11.03.2025, which restrained the defendant from dealing in products bearing deceptive labels and infringing on the plaintiff's registered design, copyright, and trademarks. The plaintiff alleged continued violation through manufacturing and online sales using similar branding. In response, the defendant undertook to modify the trade dress of its label by changing the color and font, while also confirming the removal of specified URLs.
M/S Veerji Restaurant Private Limited v.Mohini Chaddha Trading As Veerj Ji Malai Chaap Wale & Ors.
The Delhi High Court addressed several applications in the trademark dispute, notably vacating an earlier ad-interim ex-parte injunction order against Defendant No. 2. The court found that the plaintiff had obtained the injunction by presenting inaccurate facts regarding the termination of a franchise agreement. Furthermore, the disputes between the original parties (Plaintiff and Defendant No. 2) were referred to arbitration. Separately, the Court allowed additional documents for evidence while permitting Defendants No. 3 and 4 to join proceedings after recalling an ex-parte order.
Mr.Suraj Sharma v.Nippon Paint Holdings Co. Ltd.
This matter involved a trademark dispute between Mr. Suraj Sharma and Nippon Paint Holdings Co. Ltd., which was initially litigated before the Madras High Court. Following a compromise reached between both parties, formalized by an agreement dated 12.08.2025 and subsequently endorsed by the Supreme Court, the pending appeals were listed for compliance. Consequently, the court dismissed the intra-court appeals as withdrawn.
M/S Rspl Pvt. Ltd. v.Ymi Ghar Soaps Private Limited & Ors.
The Delhi High Court registered a commercial suit concerning trademark disputes between M/S Rspl Pvt. Ltd. and Ymi Ghar Soaps Private Limited & Ors. The dispute centers on the use and protection of trademarks, specifically 'GHADI' and 'GHAR'. While several interlocutory applications were disposed of, the court formally allowed the suit to proceed, setting timelines for both parties to file their written statements and replies, thereby moving the matter into the substantive litigation phase.
Pachranga International Inc. v.M/S Pachranga Agro Foods Pvt. Ltd
In this trademark dispute, Pachranga International Inc. sought interim relief against M/S Pachranga Agro Foods Pvt. Ltd for the continued use of the mark 'PACHRANGA' on social media and in its corporate name. The Court directed the defendant to ensure all remaining infringing listings are removed within one week upon receiving specific examples from the plaintiff. However, the court deferred a final decision on the issue of the defendant using the trademark as part of its corporate name, requiring further consideration after the injunction application is determined.
Ramji Lal Agarwal v.Sourav Agarwal
This appeal before the Calcutta High Court addressed whether a dispute arising from a family arrangement, involving the use of the trade name 'Sindharam Sanwarmal', constituted a 'Commercial Dispute'. The plaintiff argued that the matter was purely familial and not commercial. However, the court found that the reliefs sought—specifically perpetual injunctions restraining the defendant from using or permitting others to use the trademark—manifestly demonstrated an intellectual property dispute. Consequently, the High Court held that the suit must be triable exclusively by a Commercial Court under the Act of 2015.
Ramji Lal Agarwal v.Sourav Agarwal
This appeal before the Calcutta High Court addressed whether a dispute concerning the use of the trade name 'Sindharam Sanwarmal' fell under the ambit of 'Commercial Disputes' as defined by the Commercial Courts Act, 2015. The plaintiff argued that the matter arose from a family arrangement and was not commercial in nature. However, the court found that the reliefs sought, specifically perpetual injunctions restraining the use of the trade name, manifestly demonstrated an intellectual property dispute relating to trademarks. Consequently, the suit was held to be triable exclusively by a Commercial Court.
Jaquar And Company Private Limited v.Jaquar Franchise & Ors.
The Delhi High Court granted interim injunctive relief in favor of Jaquar And Company Private Limited against various defendants regarding the unauthorized use of its 'JAQUAR' trademark. The court ordered immediate suspension of specific domain names associated with the mark and directed actions to freeze relevant bank accounts, recognizing the brand's well-known status. This order sets a strong precedent for protecting established trademarks in the digital age.
Herbalife International Inc. v.Shiv Shakti Enterprises & Ors.
The Delhi High Court extended the existing interim injunction against Herbalife's trademarks to a newly impleaded defendant (Mr. Narayan Lal Kumawat) after relying on a local commissioner's report indicating counterfeit activity. The court also issued strict directives, requiring all involved parties to discontinue selling infringing goods on Flipkart and disclose detailed transaction information related to the alleged trademark infringement.
Tata Sons Private Limited & Anr. v.Sohel Iliyasbhai Dantroliya
The Delhi High Court addressed several procedural applications in the trademark infringement suit filed by Tata Sons against Sohel Iliyasbhai Dantroliya. Crucially, the court granted an interim injunction and permitted the appointment of a Local Commissioner to inspect and seize infringing goods (VITA GLUCO+) bearing deceptively similar packaging to TATA GLUCO+. The order also provided procedural relief to the plaintiffs regarding extensions of time, exemption from pre-institution mediation, and permission to file additional documents.
Kbm Foods Private Limited v.Ajay Yadav Trading As Sourav Masala Company
The Delhi High Court issued a comprehensive order in the trademark infringement suit filed by Kbm Foods Private Limited against Ajay Yadav Trading As Sourav Masala Company. The court granted several procedural exemptions, including waiving pre-institution mediation due to the urgency of the matter. Crucially, the court directed the appointment and execution of a Local Commissioner to seize goods bearing allegedly infringing marks, thereby providing immediate interim relief to the plaintiff while the main suit proceeds.
Bisleri International Private Limited v.Yogesh Chaurasia
The Bombay High Court granted an interim injunction in favor of Bisleri International Private Limited against Yogesh Chaurasia. The court found prima facie evidence that the defendant was passing off their packaged drinking water as being associated with the plaintiff. Specifically, the judge noted that the defendant's mark 'BRISLEI,' labels (OXY FINE and BILIFE), bottle design/shape, and even the green cap were substantially similar to Bisleri's distinctive trade dress. This ruling provides immediate protection to Bisleri while the main suit proceeds.
Energy Beverages Pvt. Ltd. v.Flora Beverages India Pvt Ltd
In a commercial IP suit concerning energy beverages, the Bombay High Court allowed the plaintiff's request to consolidate multiple claims. The court granted leave for Energy Beverages Pvt. Ltd. to combine its cause of action for passing off with those related to trademark and copyright infringement. This procedural step allows the parties to address all facets of their intellectual property dispute within a single legal framework, paving the way for further substantive hearings.
X v.Y
The Delhi High Court granted an interim injunction in favor of the Plaintiff (X) against the Defendant (Y), who was accused of manufacturing and selling imitation nutrition supplements. The court recognized the Plaintiff's rights across multiple IP domains, including registered trademarks ('WELLVERSED', 'WELLCORE'), house marks, and copyright subsisting in the product packaging/labels. Furthermore, the court granted several procedural exemptions to facilitate urgent investigation via a Local Commissioner.
Dilesh Raj Borana F.U.F. v.M/S Udhog Mandir
The Rajasthan High Court upheld a lower court's decision regarding the territorial jurisdiction for a trademark infringement suit. The petitioner challenged the rejection of their application to return/reject the plaint, arguing that the cause of action did not arise in Bikaner. However, the High Court ruled that Section 134(2) of the Trademarks Act, 1999 provides a special rule allowing an infringement suit to be filed where the plaintiff resides or carries on business, even if the cause of action is elsewhere. Consequently, the writ petition was dismissed.
Suresh Gulwani and Others v.M/S Dammani Brothers Through Partner Shri Rajendra Dammani
The Madhya Pradesh High Court granted a stay on an earlier Commercial Court order that had restricted the manufacturing, selling, and advertising activities under the 'SWAD GOLD' trademark. The petitioners argued that the restriction was causing immediate irreparable business loss, halting their entire operations and preventing them from selling existing stock. Given the prima facie case of injury, the High Court decided to stay the operation of the restrictive order until further hearing.
Honasa Consumer Limited v.Cloud Wellness Private Limited & Anr.
Honasa Consumer Limited sought an interim injunction against Cloud Wellness Private Limited, alleging infringement of its trade dress and passing off. The Delhi High Court dismissed the application, noting that the issues of originality, prior use, and distinctiveness of the 'Subject Trade Dress' are complex factual questions requiring a full trial. Given the prolonged market co-existence between both parties, the court found no compelling case for granting an immediate injunction.
Asian Paints Limited v.Galaxy Paints Private Limited
The Bombay High Court granted Asian Paints Limited leave to combine its claims for trademark/copyright infringement with passing off against Galaxy Paints Private Limited. The court found that the plaintiff had made out a prima facie case of passing off, noting the deceptive similarity between the 'TRACTOR SHYNE' and 'MAGIC TOUCH' trade dresses. Furthermore, the Court issued an interim injunction restraining the defendant from manufacturing or selling products using similar branding until the suit is finally disposed of.
Dominos Ip Holder Llc & Anr v.Mr. Jaideep Singh Gusain & Ors
The Delhi High Court granted an ad-interim injunction in favor of Dominos Ip Holder Llc, restraining certain online entities (Defendants 9 and 10) from using marks deceptively similar to 'Domino's Pizza'. Furthermore, the court directed major aggregators, Zomato and Swiggy, to immediately take down specific listings containing infringing variations. This order establishes a strong preliminary stance against trademark infringement in the digital marketplace, while simultaneously setting out procedural steps for the full trial.
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