FMCG — India Trademark Cases
541 decisions indexed
Page 10 of 19 · 541 total
Hindustan Unilever Limited v.Shri Mahaveer Jain Industries
Hindustan Unilever Limited filed a suit against Shri Mahaveer Jain Industries alleging infringement of its distinctive original artwork, 'Elle 18 face,' used on nail polish packaging. The dispute centered on the defendant's use of similar artistic designs and potential passing off. Both parties amicably settled the matter before the Bombay High Court.
Emami Limited v.Hindustan Unilever Limited
In a trademark dispute concerning the use of 'Handsome' and 'Glow and Handsome,' Emami Limited sought an injunction against Hindustan Unilever Limited (HUL) in the Calcutta High Court. However, Emami decided to withdraw its current application (GA No.3/2021), stating that it had filed a substantially similar application earlier (GA No.2/2020). The court granted leave for withdrawal and directed that the original, pending application (GA No.2/2020) be taken up for hearing on July 5, 2021.
Hindustan Unilever Limited v.Vishal Products
Hindustan Unilever Limited filed a suit against Vishal Products alleging infringement of copyright and passing off concerning the distinctive artistic label and trade dress of its 'WHEEL' detergent. The parties reached a consent order before the Bombay High Court, settling the dispute without pressing for damages or costs. Under the settlement, Vishal Products acknowledged HUL's proprietary rights, agreed to cease using the similar packaging, and committed to destroying all existing infringing stock.
Mahaan Foods Ltd & Anr. v.Calpro Specialities Pvt Ltd
In this Delhi High Court matter concerning trademark disputes, the court observed significant procedural difficulties on the part of the respondent. Despite being notified about the termination of key trademark license agreements, the respondent failed to provide a formal response and instead changed legal counsel without adequate instructions. Given these compounding issues, the bench decided to stay the operation of the impugned orders in the appeals, allowing time for the matter to be properly addressed.
Sagar Ratna Restaurants Pvt Ltd v.D S Foods & Ors.
Sagar Ratna Restaurants Pvt Ltd challenged an order that referred its trademark dispute against D S Foods & Ors. to arbitration. The petitioner asserted ownership of the trademarks "SAGAR," "RATNA," and "SAGAR RATNA" and alleged infringement by the respondents, who were franchisees. Despite arguments for arbitrability based on the franchise agreement, the Delhi High Court ultimately intervened, finding that the core dispute concerning trademark rights was not amenable to arbitration due to inherent jurisdictional limitations.
Gujarat Cooperative Milk Marketing Federation Ltd v.Amul-Franchise.in & Ors.
The Delhi High Court granted relief to Gujarat Cooperative Milk Marketing Federation Ltd (AMUL) in its ongoing trademark infringement suit. The court allowed AMUL to implead new parties, including the domain registrar and Google LLC, to pursue fraudulent activities related to their brand. Crucially, the court ordered the suspension and blocking of the infringing domain name www.educationdindia.com and directed the freezing of a specific bank account linked to the alleged infringement.
Ganesh Grains Ltd. v.Ganesh Department Stores
Ganesh Grains Ltd. filed a suit against Ganesh Department Stores seeking urgent interim relief under Section 12A of the Commercial Courts Act, 2015. The court admitted the plaint subject to departmental scrutiny and granted leave for interim protection in the infringement and passing off suit.
Kbm Foods Pvt. Ltd. v.Sachin Gupta
The Delhi High Court granted an interim injunction in favor of Kbm Foods Pvt. Ltd. against Sachin Gupta, preventing the use of similar marks and trade dress for spices. The court found that the plaintiff had established a prima facie case of passing off based on long-standing prior use (since 1969) and significant goodwill associated with the 'GAI CHAAP' mark and 'COW' device. This decision underscores the importance of demonstrating continuous, bona fide usage when asserting trademark rights in the FMCG sector.
Ashique Exports (P) Ltd. v.Safaana Cosmetics & Perfumes
Ashique Exports (P) Ltd. filed a suit against Safaana Cosmetics & Perfumes alleging copyright infringement and passing off related to their bathing soap packaging. The plaintiff claimed that the defendant used an identical colour scheme, trade dress, and deceptively similar artistic work on its product 'ISIE', mimicking the successful brand 'IVA'. After examining the evidence, the Madras High Court found that the defendant had encroached upon the plaintiff's intellectual property rights. Consequently, the court decreed the suit in favor of Ashique Exports, granting permanent injunctions and directing the destruction of infringing stock.
The Polo/Lauren Company L. P v.Reekha Bhati
The suit was filed by The Polo/Lauren Company L. P against Reekha Bhati for permanent injunction, alleging infringement and passing off of its registered trademarks (POLO, POLO Ralph Lauren) on apparel and clothing goods. The court found that the defendant used identical/deceptively similar marks in relation to impugned goods, causing confusion and deception.
Good Life Industries v.J R J Foods Pvt Ltd
The Gujarat High Court dismissed the appeal filed by J R J Foods Pvt Ltd against an earlier order that granted interim injunction to Good Life Industries. The dispute centered on alleged trademark infringement and passing off, where Good Life claimed its mark 'MICHI'S' was being imitated by J R J Foods' mark 'MISHI'S'. The High Court upheld the trial court's decision, emphasizing that in a passing-off action, the likelihood of confusion among an ordinary purchaser is key, regardless of actual damage or intent.
M/s.Kaleesuwari Refinery Private Limited v.M/s.Amman Trader
This Madras High Court judgment addressed a trademark dispute where M/s.Kaleesuwari Refinery Private Limited sought permanent injunctions against M/s.Amman Trader for infringing its registered mark 'DHEEPAM' by using 'SRI DEEPAM' on edible oil products, and for passing off inferior goods as the plaintiff's. The parties ultimately reached a Joint Compromise Memo, which was accepted and decreed by the court. This settlement ensures that the defendant will cease all infringing activities related to the plaintiff's brand.
Unilever Plc v.Radhe Cosmetics
The Bombay High Court passed an interim application order, confirming a previous order and granting a temporary injunction. The injunction restrains Radhe Cosmetics from manufacturing or trading cosmetic preparations using marks or trade dress deceptively similar to Unilever's registered trademarks (like LAKME NINE TO FIVE) and copyrighted artistic works.
Unilever Plc v.Sovereign Chemicals And Cosmetics
The dispute involved allegations that the Defendant was illicitly using the Plaintiff's statutory and common law rights, including trademarks, trade dress, and copyright in label artwork. The Defendant claimed a license from a proprietor in Saudi Arabia.
Unilever Plc v.Sovereign Chemicals And Cosmetics
The Plaintiff (Unilever Plc) filed suit alleging that the Defendant was illicitly using its trademark, trade dress, and copyrighted artwork on rival products. The court found prima facie evidence of violation, noting that the defendant's claim of an international license did not negate infringement rights in India.
Unilever PLC v.Sovereign Chemicals & Cosmetics
Unilever PLC filed an IP suit against Sovereign Chemicals & Cosmetics alleging infringement of its trademark, copyright, and common law rights related to product labeling and trade dress. The defendant claimed they were operating under a license in Saudi Arabia. The court found the use illicit but allowed the defendant to proceed by accepting their submission regarding the prayer clause.
Xotik Frujus Pvt Ltd v.Kishan Hirji Gothi Sole Proprietor Of Bubalus Beverages
Xotik Frujus Pvt Ltd filed a Commercial IP Suit against Kishan Hirji Gothi for alleged infringement. The Defendant submitted to the decree terms, leading the Court to dispose of the suit in favor of the Plaintiff.
M/S. B.R.Industries v.State Of Meghalaya & 2 Ors.
The Meghalaya High Court addressed a jurisdictional challenge raised by respondents in a trademark infringement case involving 'Megha' cashew nuts. The court clarified that under the specific administrative rules governing tribal areas like Nongpoh, courts presided over by Deputy Commissioners and Additional Deputy Commissioners function as Principal Civil Courts of Original Jurisdiction. Consequently, these courts are deemed competent to try suits under Section 134 of the Trade Marks Act, 1999, thereby upholding the petitioner's right to pursue the infringement claim.
Everest Food Products Private Limited v.Taparia Industries And Anr
The court addressed a Leave Petition filed by Everest Food Products Private Limited seeking to combine causes of action related to passing off and infringement. The court directed that since the Defendants were in Jaipur, service must be effected by courier with proof of delivery.
Bajaj Electricals Limited v.Urban Foodmart India Pvt Ltd
Bajaj Electricals Limited filed an Interim Application against Urban Foodmart India Pvt Ltd for alleged trademark infringement related to the mark "BAJAJ SUPERMART". The court accepted an undertaking from the Defendants that they would cease using the infringing mark pending the final disposal of the application and remove all associated signage.
M/S. Blue Heaven Cosmetics Private Limited v.Bhcosmetics Llc
The Delhi High Court permitted M/S. Blue Heaven Cosmetics Private Limited to amend its plaint in a trademark infringement suit against Bhcosmetics Llc. The amendment corrected an inadvertent typographical error, clarifying that the 'BH' logo/label was not yet a registered trademark but rather had a pending application and long-standing user rights since 1986. The court allowed this correction, recognizing it would not alter the core relief sought (permanent injunction for passing off and infringement), and subsequently modified an earlier court order to reflect the accurate status of the mark.
Bisleri International Pvt.Ltd v.Laxmikanta Nayak
The court heard an interim application filed by Bisleri International Pvt.Ltd against Laxmikanta Nayak regarding passing off related to drinking water bottles. The parties suggested a settlement, but the court noted undertakings from the defendant regarding not possessing specific moulds or manufacturing depicted bottles.
M/S. Vipul v.Akshar Sweets And Namkeen
The Gujarat High Court addressed an appeal concerning the non-granting of ad-interim injunction by a lower civil court in a trademark infringement dispute. The appellants, M/S. Vipul, argued that their prima facie case for trademark infringement was strong and continued prejudice was occurring due to the respondent's unauthorized use of a similar brand name after contract termination. Recognizing the urgency and the merits presented, the High Court disposed of the appeal while directing the trial court to expedite the decision on the injunction application within three months, ensuring the existing restraining order remains in effect until then.
Lakme Lever Pvt Ltd v.Annapurna Enterprises And Anr
The Bombay High Court granted interim relief in favor of Lakme Lever Pvt Ltd, a subsidiary of Hindustan Unilever Limited. The court found that despite the termination of a franchise agreement, the respondents continued unlawfully using Lakme's brand name, logo, uniforms, and associated trade materials. Consequently, the court issued an injunction and appointed a Court Receiver to take possession of all branded assets from the respondent's premises, preventing further unauthorized use.
Gujarat Cooperative Milk Marketing Federation Ltd & Anr. v.Nitin Jain & Ors.
The Delhi High Court addressed a dispute where the AMUL Federation alleged that videos produced by Defendant No. 1 were scandalous, disparaging, and specifically targeted their brand using trademark elements like the 'AMUL Girl' mascot. The core issue revolved around whether the content constituted fair use or targeted defamation against the Plaintiffs. While the Plaintiff argued the targeting was evident through specific advertisements shown in the video, the Court directed the Defendant to provide detailed affidavits regarding the sources of their investigative journalism, allowing the Plaintiffs to adequately address the allegations.
Calvin Klein Trademark Trust v.Ektarfa Garments Private Limited & Ors
The Delhi High Court addressed the trademark infringement suit filed by Calvin Klein Trademark Trust against Ektarfa Garments Private Limited. During the proceedings, the plaintiff indicated that the defendants had expressed interest in settling the matter. The court acknowledged these overtures and scheduled the case for further hearing on December 8, 2020, allowing time for settlement discussions.
International House Of Pancakes LLC. v.IHOP Cake N Bake & Ors.
The Delhi High Court granted an ad-interim injunction in favor of International House Of Pancakes LLC. (Plaintiff) against IHOP Cake N Bake & Ors. (Defendants). The plaintiff, a global brand owner of 'IHOP', sought protection against the defendants' use of the identical mark. The court found that the plaintiff had made out a prima facie case and that granting an injunction was necessary to prevent irreparable loss, thereby protecting the established reputation of the trademark.
Starbucks Corporation v.Mr.Sunil & Ors.
The Delhi High Court decreed the suit in favor of Starbucks Corporation against Defendant No. 5 following a joint settlement agreement. The settlement confirmed that Starbucks owns registered trademarks (STARBUCKS, FRAPPUCCINO) and copyrights in its logos and artistic works. In exchange for a payment of Rs. 37,500/-, the defendant agreed to permanent injunctions restraining them from infringing or misusing these marks and copyrights, including ceasing the sale of counterfeit products.
Allied Blenders And Distillers Pvt Ltd v.Agribiotech Industries Limited (Abil)
The Delhi High Court granted an ad interim injunction in favor of Allied Blenders And Distillers Pvt Ltd against Agribiotech Industries Limited. The plaintiff alleged that the defendant was infringing on its registered trademarks ('Officers Choice') and copyrighted trade dress associated with its IMFL products, specifically by using a deceptively similar label for its 'Chetak Whisky'. The court found that there was a high likelihood of consumer confusion, satisfying both the 'average intelligence' test and the 'triple identity' test. This interim order protects the plaintiff's brand reputation pending final disposal of the suit.
Giani S Foods Private Limited v.Mr. Keshav Aggarwal, Trading As M/S Keshav Foods & Anr.
The Delhi High Court granted interim relief to Giani S Foods Private Limited against Mr. Keshav Aggarwal regarding alleged trademark infringement. The court found that the plaintiff had established a prima facie case, noting irreparable harm to its commercial interests due to the unauthorized use of the 'GIANI'S' mark and associated trade features by the defendant. Consequently, the defendants were immediately restrained from using the protected trademark or similar marks on their products and from utilizing any distinctive store layouts or fixtures belonging to Giani S Foods.
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