FMCG — India Trademark Cases
338 decisions indexed
Page 1 of 12 · 338 total
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.
Asian Paints Limited v.Smt. Manju Rani Jindal And Ors.
Asian Paints Limited filed a suit against Smt. Manju Rani Jindal and others alleging infringement and passing off concerning its trade marks (ASIAN PAINTS and ASIAN). The dispute centered on the Defendants' use of the mark 'SUPER ASIAN PLUS' on paint-related goods like wall putty and cement paints. Given the Defendants' failure to contest the suit, the court decreed the suit in favor of Asian Paints.
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.
Kapil Goyal v.The Registrar Of Trade Marks
Kapil Goyal appealed the refusal by The Registrar of Trade Marks to register the mark 'DOUBLE-CHOICE' under Section 91 of the Trade Marks Act, 1999. The initial rejection was based on the mark being non-distinctive and descriptive. The High Court allowed the appeal, finding that the reasoning for deeming the mark descriptive was unfounded, especially since the application was filed on a proposed-to-be-used basis.
Nadeem Majid Oomerbhoy v.Sh. Gautam Tank And Ors.
The suit was filed seeking permanent injunction against Defendants for infringing the registered Trade Mark 'POSTMAN', used for refined groundnut oil. The Plaintiffs contended that despite a temporary discontinuation, they had not abandoned the mark and it held substantial goodwill. While some issues were decided in favor of the Plaintiffs (including granting an injunction), the court recalled its previous pronouncement and directed the suit to remain pending for further determination on damages.
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'.
M/S. Loreal v.Loren Beautifiers Pvt. Ltd.
The Calcutta High Court allowed an application filed by M/S. Loreal seeking the cancellation of the mark "LOREN HAIR OIL" registered in Class 3. The sole ground for cancellation was non-use, as the respondent failed to demonstrate bona fide use of the trademark for the statutory period. Given the uncontroverted allegation of non-use, the Court directed that the impugned mark be removed/rectified from the register, reinforcing the importance of continuous commercial activity in maintaining trademark rights.
M/S L Oreal v.M/S Loren Beautifiers Pvt Ltd And Ors
The Calcutta High Court allowed an application filed by M/S L Oreal seeking the cancellation of a similar mark, 'LOREN BOROHERB,' registered in Class 3. The sole ground for cancellation was non-use, as the respondent failed to demonstrate bona fide use of the trademark for the statutory period. Given the uncontroverted evidence of non-use, the Court directed that the impugned registration be removed from the register, reinforcing the importance of active commercial use for maintaining a trademark.
M/S Loreal v.M/S Loren Beautifiers Pvt Ltd And Others
The Calcutta High Court allowed an application filed by M/S Loreal seeking the cancellation of the mark 'LOREN BORORICH.' The sole ground for the petition was non-use, as the respondent failed to demonstrate any bona fide use of the trademark in relation to Class 3 goods for the statutory period. Given the uncontroverted allegation of non-use and the respondent's failure to provide evidence, the court directed that the impugned mark be removed from the register.
M/S. Anup Kumar Biswas v.M/S. S. H. Biri Factory And Anr.
M/S. Anup Kumar Biswas filed an application seeking the rectification of a Copyright Registration held by M/S. S. H. Biri Factory And Anr., alleging that the registered label was deceptively similar to their own trade name and infringed upon their rights. The petitioner claimed the registration was obtained surreptitiously without notice. Given the respondent's willingness to have the matter heard afresh after proper notice, the Court cancelled the impugned registration and remanded the case back to the Copyright Registrar for a fresh decision.
M/S Nice Confectionary v.M/S Nice Food Products
The petition challenged an arbitration award related to a trademark dispute. The claimant (M/s Nice Food Products) alleged that the petitioner (M/s Nice Confectionary), who used the trademark 'PRIKA'S CHAA-PAT', breached the conditions of a 2005 license agreement. The court dismissed the petition, finding no merit in the claim.
Sri Narasu'S Coffee Company Pvt.Ltd v.S.Sudhakar
The Madras High Court dismissed the trademark rectification petition filed by Sri Narasu's Coffee Company Pvt.Ltd against S.Sudhakar and others. The dismissal was not a ruling on the merits but rather an acceptance of a Memorandum of Compromise signed between the parties. This settlement effectively resolved the dispute regarding the 'Udhaiyam' trademark registration in Class 30.
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. v.S.Sudhakar and S.Dinakar (Partners of M/s.Shri Lakshmi Agro Foods)
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. filed a petition seeking the cancellation and rectification of the trademark 'Udhaiyam,' registered by S.Sudhakar and S.Dinakar under Application No.1359360 in Class 30. However, both parties subsequently entered into a Memorandum of Compromise. Consequently, the Madras High Court dismissed the petition as withdrawn, allowing the dispute to be resolved amicably between the involved parties.
Sri Narasu'S Coffee Company Pvt.Ltd v.S.Sudhakar
The Madras High Court dismissed the trademark rectification petition filed by Sri Narasu's Coffee Company Pvt.Ltd against S.Sudhakar and others. The dismissal was not a ruling on the merits but rather an acceptance of a Memorandum of Compromise signed between the parties. This settlement effectively resolved the dispute regarding the 'Udhaiyam' trademark registration in Class 30.
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. v.S.Sudhakar and S.Dinakar (Partners of M/s.Shri Lakshmi Agro Foods)
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. filed a petition seeking the cancellation and rectification of the trademark 'Udhaiyam,' registered by S.Sudhakar and S.Dinakar under Application No.1359360 in Class 30. However, both parties subsequently entered into a Memorandum of Compromise. Consequently, the Madras High Court dismissed the petition as withdrawn, allowing the dispute to be resolved amicably between the involved parties.
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. v.S.Giriedharan and others (Shri Lakshmi Agro Foods)
The Madras High Court dismissed OP(TM) No. 50 of 2025 after the parties entered into a Memorandum of Compromise. The petitioner, M/s.Sri Narasu'S Coffee Company Pvt. Ltd., had sought the cancellation and rectification of the trademark 'Udhaiyam' registered by the respondents in Class 30. Given the mutual agreement reached between the parties, the court allowed the petition to be withdrawn.
Sri Narasu's Coffee Company Pvt. Ltd. v.M/S.Shri Lakshmi Agro Foods Pvt. Ltd.
The Madras High Court dismissed the trademark rectification petition filed by Sri Narasu's Coffee Company against M/S.Shri Lakshmi Agro Foods Pvt. Ltd. The dispute, which sought to cancel the 'Udhaiyam' trademark registration in Class 30, was resolved amicably between the parties. Both sides entered into a Memorandum of Compromise, leading the petitioner to withdraw the original petition.
M/S.Sri Narasu'S Coffee Company Pvt. v.M/S.Shri Lakshmi Agro Agencies & The Registrar of Trademarks
The Madras High Court dismissed the rectification petition filed by M/S.Sri Narasu's Coffee Company Pvt. Ltd. against M/S.Shri Lakshmi Agro Agencies. The petitioner had sought to cancel the trademark registration 'Udhaiyam' in Class 30, citing grounds for invalidity. However, both parties subsequently entered into a Memorandum of Compromise and filed an additional joint memo requesting withdrawal. Consequently, the court accepted the request and dismissed the petition as withdrawn.
M/s.Sri Narasu'S Coffee Company Pvt.Ltd. v.S.Sudhakar and S.Dinakar (Partners of M/s.Shri Lakshmi Agro Foods)
M/s.Sri Narasu'S Coffee Company Pvt.Ltd. had filed a petition seeking the rectification and cancellation of the trademark 'Udhaiyam,' registered by S.Sudhakar and S.Dinakar under Application No.1359359 in Class 29. However, both parties subsequently entered into a Memorandum of Compromise dated October 10, 2025. Consequently, the Madras High Court dismissed the petition as withdrawn, resolving the dispute amicably.
M/s.Sri Narasu'S Coffee Company Pvt.Ltd. v.S.Sudhakar and S.Dinakar (Partners of M/s.Shri Lakshmi Agro Foods)
M/s.Sri Narasu'S Coffee Company Pvt.Ltd. had filed a petition seeking the rectification and cancellation of the trademark 'Udhaiyam,' registered by S.Sudhakar and S.Dinakar under Application No.1359359 in Class 29. However, both parties subsequently entered into a Memorandum of Compromise dated October 10, 2025. Consequently, the Madras High Court dismissed the petition as withdrawn, resolving the dispute amicably.
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. v.S.Sudhakar and S.Dinakar (Partners of M/s.Shri Lakshmi Agro Foods)
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. filed a petition seeking the cancellation and rectification of the trademark 'Udhaiyam,' registered by S.Sudhakar and S.Dinakar under Application No.1359360 in Class 30. However, both parties subsequently entered into a Memorandum of Compromise. Consequently, the Madras High Court dismissed the petition as withdrawn, allowing the dispute to be resolved amicably between the involved parties.
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. v.S.Sudhakar and S.Dinakar (Partners of M/s.Shri Lakshmi Agro Foods)
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. filed a petition seeking the cancellation and rectification of the trademark 'Udhaiyam,' registered by S.Sudhakar and S.Dinakar under Application No.1359360 in Class 30. However, both parties subsequently entered into a Memorandum of Compromise. Consequently, the Madras High Court dismissed the petition as withdrawn, allowing the dispute to be resolved amicably between the involved parties.
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.
Le Shark Apparel Limited v.Anil Shah And 2 Ors
The Bombay High Court granted rectification to remove a registered trademark (No. 466002) belonging to the Respondents, which was identical to the Petitioner's established global mark 'LE SHARK'. The court found that the Respondents had fraudulently adopted the mark and lacked evidence of genuine use, thereby allowing the Petitioner to proceed with its brand in India. This decision reinforces the principle that a trademark register must maintain purity against deceptive or fraudulent registrations.
Bisleri International Private Limited v.Bisheshwar Mahto
The plaintiff, Bisleri International Private Limited, filed an interim application seeking injunctions against the defendant for infringing its trade marks (BISLERI) and copyrights. The court granted ad-interim relief restraining the defendant from using similar marks, artwork, and designs on packaged drinking water products.
Bisleri International Private Limited v.Priti Rajawat, Sole Proprietor Of M/S ...
Bisleri International Private Limited filed an Interim Application seeking further ad-interim relief against Priti Rajawat for alleged infringement of its trademarks (BRISLERI), copyright in its label/packaging, and design/shape. The court noted that previous interim orders were granted but had not been served on the Defendants. Consequently, the court ordered service of the relevant order before hearing and disposing of the current application.
Bisleri International Private Limited v.Bisheshwar Mahto
The petitioner, Bisleri International Private Limited, sought interim relief against the respondent for infringing its trademarks and copyrights concerning packaged drinking water. The court granted ad-interim injunctions restraining the defendant from using deceptively similar marks and artwork, and also allowed leave to combine the passing off claim with the infringement suit.
Shri Ved Prakash Garg Trading As M/S Parul Food Products v.Mr. Dhruv Singh And Anr.
The Delhi High Court allowed the rectification petitions filed by M/s Parul Food Products against Mr. Dhruv Singh, cancelling two registered trade marks ('FUNSHINE' and a Device Mark) in Class 30. The court found that these Impugned Marks were deceptively and identically similar to the Petitioner's established mark 'FUNFINE'. Given the Petitioner's prior use since 2005 compared to the Respondent's registration date of 2017, the judgment reinforced the principle that a prior user's rights supersede subsequent registrations when likelihood of confusion exists.
M/S Nature Magic World v.The Registrar Of Trademarks & Anr.
M/S Nature Magic World challenged the Registrar of Trademarks' failure to recognize a Deed of Assignment that transferred two trademarks, 'COLORESSENCE' and 'COLORESSENCE eyes spy', to them. The Petitioner argued that despite the assignment, the records incorrectly showed the predecessor company as the owner. The Delhi High Court disposed of the petition by directing the Registrar to consider the Petitioner's representations for correcting the ownership status within four weeks, taking into account a no-objection from the original proprietor.
Elite Gold Ltd v.The Asst Registrar Of Trade
The Calcutta High Court overturned an earlier decision that had expunged seven registered trademarks of 'KOPIKO' due to alleged lack of evidence of use. The appellant, Elite Gold Ltd, argued that they were a well-known international proprietor using their products through distributors. Recognizing the need for further evidence, the court set aside the rectification order and remanded the matter back to the Controller for a fresh hearing, allowing the appellant to adduce additional documents.
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