FMCG — India Trademark Cases
338 decisions indexed
Page 10 of 12 · 338 total
Eatman Foods India Private Limited v.M/s Savorit Ltd.
Eatman Foods India Private Limited appealed the dismissal of its injunction application against M/s Savorit Ltd., alleging infringement and passing off due to the phonetic and visual similarity between their trade marks ('Tastee Masala' vs 'TASTII'). The respondent argued that the products were different, and since only the label was registered, no exclusive right could be claimed over individual words. The High Court upheld the single judge's decision.
Raj Kumar Saraf, Proprietor M/S. Bindal Food Products v.M/S. Vaidya Nandram Gigraj Chamaria
This appeal challenged the order by the Copyright Board that expunged a copyright registration (No. A-66496/04) held by Raj Kumar Saraf for an artistic label used on 'Vijay Hingoli' products. The Respondent, M/S. Vaidya Nandram Gigraj Chamaria, sought rectification based on prior use and ownership of the art work. The Delhi High Court ultimately dismissed the appeal, finding that the Appellant failed to establish valid authorship or continuous rights, particularly concerning alleged assignments and dates of publication.
Vov Cosmetics Private Limited v.Union of India
Vov Cosmetics Private Limited challenged an order directing it to change its corporate name due to perceived resemblance with another entity. The dispute centered on whether the similarity in names, particularly involving the 'VOV' mark used in cosmetics, mandated rectification under the Companies Act. The Bombay High Court quashed the impugned order, emphasizing that mere similarity is not sufficient grounds for mandatory rectification and directing a fresh hearing.
United Breweries Ltd v.Khodays Breweries Limited Industries Ltd
United Breweries Ltd appealed a trial court judgment that dismissed its suit seeking permanent and mandatory injunction against Khodays Breweries Limited. The suit alleged infringement and passing off based on the use of 'Hercules Black Label' by the respondent, which was deemed deceptively similar to the appellant's registered trade mark 'Kalyani Black Label'. The High Court ultimately dismissed the appeal, affirming the trial court's decision.
M/S Sagar Ratna Restaurants Pvt. Ltd. v.M/S Shri Bihari Ji's & Ors.
The plaintiff, M/S Sagar Ratna Restaurants Pvt. Ltd., filed an application seeking an interim stay against the respondents for allegedly misusing its proposed brand names ('Ratnam', 'Sagar Ratnam') and breaching a franchisee agreement. The dispute centered on the use of similar brands like 'Shree Rathnam' by the defendants, who were former employees.
M/S. Pachranga International (Chander Group) v.M/S. Pachranga International Pvt. Ltd.
This appeal challenged an order by the Copyright Board that sought to expunge eleven copyright registrations granted to M/S. Pachranga International (Chander Group). The respondent, M/S. Pachranga International Pvt. Ltd., argued that these registrations were fraudulent and violated procedural rules due to the complex history of partnership divisions. The Delhi High Court upheld the Board's decision, finding evidence of mala fide intent and violation of Rule 16(3) because the respondent had a clear interest in the subject matter but was not properly notified.
M/s.Nakoda Dairy (P) Ltd. v.M/s.Kewal Chand Vinod Kumar
Nakoda Dairy (P) Ltd., the registered owner of the trade mark 'NAKODA' for milk products, filed appeals challenging the dismissal of its applications for temporary injunction. The Respondents argued that they were prior and long-term users of the mark since 1978, and that the Plaintiff failed to establish a prima facie case.
Thalappakattu Biriyani and Fast Food (temporarily called as "Chennai Rawther Thalappakattu Biriyani") v.M/S.Thalappakatti Naidu Ananda Vilas
The dispute concerned the alleged infringement and passing off of the trade mark "Thalappakatti Naidu Biriyani Hotel" by M/S.Thalappakatti Naidu Ananda Vilas, which used the similar mark "Thalappakattu". The court examined the prior use and reputation of the Plaintiff's mark versus the Defendant's adoption of the similar name.
ITC Limited v.Godfrey Phillips India Limited & Anr
ITC Limited filed a Rectification Petition seeking the removal of the 'SUN FLAKE' trademark registration held by Godfrey Phillips India Limited. The petition, which also involved striking off certain paragraphs and documents from affidavits, was listed before the Delhi High Court on November 10, 2023. The court accepted notice and scheduled the matter for further hearing on November 21, 2023.
Marico Limited v.J.K. Enterprises & Others
The dispute centered on whether J.K. Enterprises was passing off its coconut oil, sold under the name "Nihal," as that of Marico Limited (or its predecessor). The court examined the similarity between the two packaging designs and marks, concluding that the defendant's use was deceptively similar to the plaintiff's registered mark 'Nihar'.
R.R. Proteins And Agro Limited v.Hari Shankar Singhania & Another
The plaintiff asserted exclusivity over its word mark 'Arati' in edible oil against the defendant's use of 'Sandhya Arati'. The court found that despite the addition of 'Sandhya', the prominent feature 'Arati' was incorporated, leading to infringement and passing-off. Consequently, an injunction was granted restraining the defendants from using the infringing mark.
Dabur India Limited v.Gautam Burman
Dabur India Limited filed a suit seeking permanent injunction against Gautam Burman and others for alleged infringement and passing off of its registered trade mark KESHRAJ (hair oil). The plaintiff claimed that the defendants were using the identical mark, causing public deception. However, the court ultimately held that it lacked territorial jurisdiction to entertain the claims regarding infringement and passing off.
Nirapara Roller Flour Mills Pvt. Ltd. v.Ammini Karnan
The Kerala High Court allowed an appeal in a passing off action, setting aside the lower court's decree. While the case was remanded back to the District Court for a comprehensive re-evaluation, the High Court simultaneously granted an interim injunction. This order specifically restrained the defendants from using similar marks on rice and rice products, acknowledging the plaintiffs' prima facie case regarding their reputation in that sector.
Foodworld v.Foodworld Hospitality Pvt. Ltd.
The Delhi High Court addressed a passing off suit filed by Foodworld against Foodworld Hospitality Pvt. Ltd., concerning the use of the 'FOODWORLD' trade name in the food business. The court found that while the Defendant could continue its current operations, it was granted a conditional injunction. This means the Defendant is prohibited from using the mark if it enters the highly similar fields of institutional and outdoor catering services, thereby protecting the Plaintiff's goodwill.
M/s.World Wide Brands Inc. v.Smt.Dayavanti Jhamnadas Hinduja, Smt.Janaki Madanlal Hinduja, Smt.Veena Rajendra Hinduja, Smt.Nalini Dinesh Hinduja (Trading as The Central Wearhouse) and The Assistant Registrar of Trade Marks
M/s.World Wide Brands Inc challenged the Intellectual Property Appellate Board's order allowing the registration of 'Camel Collection' by local partners trading as The Central Wearhouse. The petitioner argued that their global reputation and prior use entitled them to exclusive rights, while the respondents claimed long-standing continuous use in India since 1992. The Madras High Court upheld the appellate board's finding that the petitioner failed to provide sufficient evidence of commercial publicity within India.
Beiersdorf A.G. v.Ajay Sukhwani & Another
Beiersdorf A.G. successfully sued Ajay Sukhwani & Another for passing off, asserting its rights over the well-known trademark NIVEA. The Delhi High Court found that the defendants' initial adoption of the mark was dishonest, thereby rejecting their pleas of delay and laches. Consequently, the court granted a permanent injunction, protecting Beiersdorf's brand integrity against unauthorized use by the defendants.
K. Narayanan And Anr. v.S. Murali
The Supreme Court dismissed the appeal, reaffirming that merely filing a trade mark application does not constitute a cause of action for a suit based on passing off. The judgment emphasized that an action for passing off requires established grounds demonstrating deception or injury to goodwill, which cannot be derived solely from a pending registration application filed by the alleged infringer. This ruling reinforces the legal requirement for concrete evidence of misrepresentation when seeking relief against passing off.
Cadila Healthcare Limited v.Dabur India Limited
The Delhi High Court dismissed Cadila Healthcare Limited's request for an interim injunction against Dabur India Limited, finding that the use of 'Sugar Free' by the defendant did not constitute passing off. The court held that the expression was used purely descriptively to indicate a product attribute (no added sugar), rather than as a trademark intended to mislead consumers into believing a connection with Cadila’s goodwill. Consequently, the plaintiff failed to establish the necessary elements of misrepresentation required for a passing-off claim.
Cadila Healthcare Limited v.Shree Baidyanath Ayurved Bhawan Pvt Ltd
The Delhi High Court dismissed the plaintiff's request for an interim injunction, finding that the defendant's use of 'Sugar Free' did not constitute passing off. The court held that the expression was used descriptively to indicate the absence of added sugar in the Ayurvedic tonic, rather than as a trademark attempting to mislead consumers into believing it was connected to the plaintiff’s products. Consequently, the plaintiff failed to establish the necessary elements for a prima facie case of misrepresentation or injury to goodwill.
Cadila Healthcare Limited v.Diat Foods (India)
The Delhi High Court dismissed Cadila Healthcare Limited's application seeking an interim injunction against Diat Foods (India) for alleged passing off. Cadila claimed ownership and distinctiveness over the 'Sugar Free' mark, arguing that Diat was misleading consumers. However, the court found that Diat used 'Sugar Free' merely as a descriptive attribute on its packaging, coupled with clear disclosures like 'Sweetened with Splenda.' The court concluded that no consumer would be misled into believing the defendant's product was connected to the plaintiff, thus failing to establish the elements of passing off.
Nirma Limited v.Nirman Plast (India) Pvt. Ltd.
Nirma Limited appealed against the rejection of its three trade mark oppositions (AMD-190624, AMD-190625, and AMD-190626) filed against Nirman Plast's applications for 'NIRMAN'. Nirma argued that the opposition was timely despite receiving the Trade Marks Journal late. The IPAB ruled that based on the statutory requirement to use the date the Journal is made available to the public, the opposition was beyond the prescribed time limit and dismissed the appeal.
M/s Satnam Overseas v.The Deputy Registrar Of Trademarks And ...
This Delhi High Court judgment addresses a complex dispute over the geographical scope of the 'KOHINOOR' trademark for rice. The appellant, Satnam Overseas, sought rectification to limit the respondent's registered mark to only a few cities in Uttar Pradesh, alleging lack of bona fide use nationwide. However, the court ultimately dismissed the appeals, upholding the broader registration rights of the original user (the respondent). The ruling emphasizes that restricting a trademark based on limited local usage is impractical and contrary to normal trade practices.
Krishna Oil Industries v.Assistant Registrar Of Trade Marks
Krishna Oil Industries appealed the order of the Assistant Registrar of Trade Marks which treated their opposition against the registration of the trade mark 'EKKA' as abandoned. The appellant argued that they had filed their evidence before the abandonment order was passed, despite delays due to internal issues. The IPAB dismissed the appeal, finding no infirmity in the Assistant Registrar's decision because the appellant failed to file evidence within the final extended period.
Mrs. Ishi Khosla v.Anil Aggarwal And Anr.
The Delhi High Court confirmed an interim injunction in favor of Mrs. Ishi Khosla against Anil Aggarwal and others regarding the use of the trademark 'Whole Foods'. The court found that the plaintiff had successfully established a prima facie case of prior use, distinctiveness, and reputation associated with her brand. This ruling protects her goodwill against deceptive imitation by competitors, reinforcing the importance of early action in trade mark disputes.
Brooke Bond India Ltd. v.Girnar Exports (and others trading as M/s. Girnar Exports)
The dispute concerned an opposition filed by Girnar Exports against the trademark 'RED LABEL' owned by Brooke Bond India Ltd. The core issue was whether the late filing of the opposition, necessitated by a perceived error in the re-advertisement of the mark, was within the statutory period.
Amanat Tobacco Gul Manufacture v.Aftab Tobacco Products
The matter involved a Review Petition filed by Amanat Tobacco Gul Manufacture against an order that abandoned Opposition No. DEL-T-3769 regarding the registration of the trade mark 'Raja Gul Label' sought by Aftab Tobacco Products. The petitioners argued that their evidence was not considered and procedural lapses occurred, but the Tribunal found no error apparent on the face of the record.
Gangotree Sweets And Snacks Pvt. Ltd. v.Shree Gangotree Sweets, Snacks And ...
The plaintiff, a manufacturer of sweets and snacks using the registered trademark 'Gangotree', filed for an interim injunction against the defendant, who was operating a similar business under the name 'Shree Gangotree'. The court found that the plaintiff had established a prima facie case based on its valid registration and long-standing use. Consequently, the existing interim injunction was made absolute.
Hindustan Lever Limited v.Madhusudhan Industries Limited
Hindustan Lever Limited opposed the registration of the trade mark 'UJALA KING' by Madhusudhan Industries Limited, arguing that it was deceptively similar to their well-known marks 'SUNLIGHT' and 'SUN'. The IPAB ultimately ruled in favor of Hindustan Lever, finding that the impugned mark did not qualify under relevant sections due to confusing similarity.
Geepee Ceval Proteins And Investment v.Saroj Oil Industry
The Delhi High Court granted an ad-interim injunction in a passing off suit concerning the trade mark 'CHAMBAL'. The court found that despite the geographical nature of the word, the plaintiff had established distinctiveness through extensive use and advertising since 1997. Given the phonetic similarity between 'CHAMBAL' and 'CHAMBAL DEEP', the court determined that granting the injunction was in the balance of convenience to prevent consumer confusion and irreparable harm to the plaintiff.
Ayushakti Ayurved Pvt. Ltd. v.Hindustan Lever Limited
The Bombay High Court dismissed the plaintiff's motion for injunction in a passing-off suit against Hindustan Lever Limited. The court found that the defendant's mark 'AYUSH' was not deceptively similar to the plaintiff's 'AYUSHAKTI,' and crucially, it held that mere possibility of confusion is insufficient; actual misrepresentation must be demonstrated. Furthermore, the court presumed the plaintiffs had knowledge of pre-existing marks, but ultimately concluded there was no likelihood of consumer confusion.
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