FMCG — India Trademark Cases
913 decisions indexed
Page 12 of 31 · 913 total
ITC Limited v.Ashok Kumar & Ors.
The Delhi High Court granted an interim injunction in favor of ITC Limited, restraining defendants from using infringing domain names and sub-domains that fraudulently solicit franchises and dealerships under the guise of ITC's brand. The court reinforced previous orders, directing Domain Name Registrars to immediately lock and suspend the specified domains while also instructing the Cyber Cell to freeze numerous bank accounts linked to these fraudulent activities.
Sivaji Hi-Tek Foods Private Limited v.V.K.R.Venkatesan
The Madras High Court dismissed the Original Petition filed by Sivaji Hi-Tek Foods Private Limited seeking rectification and cancellation of a trade mark entry. The court noted that despite attempts to serve notice, the petitioner's address was insufficient, and their counsel confirmed they had no instructions to prosecute the matter. Consequently, the petition was dismissed for non-prosecution.
Unilever Global Ip Limited v.Rajender Prasad Bandaru
The suit concerning alleged trademark infringement was settled between Unilever Global IP Ltd. and Rajender Prasad Bandaru. The parties executed Consent Terms, leading to the disposal and decreeing of the suit in favor of the Plaintiffs.
Unilever Global Ip Limited v.Rajender Prasad Bandaru
Unilever Global IP Limited filed a Commercial IP suit against Rajender Prasad Bandaru regarding the use of the impugned mark COMFORT. The parties subsequently arrived at a comprehensive settlement, which was accepted by the court.
Unilever Global Ip Limited v.Rajender Prasad Bandaru
The suit was filed by Unilever Global IP Ltd. against Rajender Prasad Bandaru regarding infringement related to the impugned mark COMFORT. The parties subsequently reached a settlement, which was accepted and taken on record by the court.
M/S. Kaleesuwari Refinery Private Ltd. v.Sri Vinayaka Agro Industries
The Madras High Court ruled in favor of M/S. Kaleesuwari Refinery Private Ltd., granting a permanent injunction against Sri Vinayaka Agro Industries for infringing the registered trade mark 'DHEEPAM' and engaging in passing-off. The court found that the defendant's use of 'V RICH DEEPAM OIL' and its deceptively similar packaging material constituted infringement, despite the defendant failing to appear in court. This judgment reinforces the protection afforded to well-known trademarks against confusingly similar marks.
Devanand Nagpal Prop. Nagpal Foods And Caterers v.Controller General of Patents Designs and Trade Marks & Ors.
The Delhi High Court addressed a writ petition filed by Devanand Nagpal seeking the issuance of his Trade Mark registration certificate for 'NAGPAL'S SPECIAL CHOLE BHATURE'. Although the opposition against his mark was dismissed in July 2023, the certificate had not been issued. The Court ordered the immediate issuance of the certificate within 10 working days, but crucially stipulated that this registration would remain subject to the final outcome of a parallel appeal filed by the opposing party. This decision balances administrative delay with ongoing legal disputes.
Theobroma Foods Private Limited v.Karan Narula And Ors (Theos Food Pvt. Ltd.)
The Delhi High Court finalized a complex trademark dispute between Theobroma Foods and Theos Food Pvt. Ltd., leading to a comprehensive decree based on an amicable settlement. The judgment clarified the usage rights for both 'THEOBROMA' and 'THEOS' in the confectionery market. Key terms include mutual non-opposition, allowing Theobroma nationwide expansion while restricting Theos to the Delhi-NCR region for its mark use.
M/s.Murugan Idli Shop v.M/s.Sri Murugan Idli Shop
M/s.Murugan Idli Shop filed a civil suit against M/s.Sri Murugan Idli Shop, seeking perpetual injunctions against the use of deceptively similar marks like 'SRI MURUGAN IDLI SHOP.' The plaintiff claimed infringement of their registered trademark and copyright related to their business name and branding. However, during the proceedings, the plaintiff's counsel informed the court that the defendant was not operating under the impugned name, leading the plaintiff to withdraw the suit.
Honasa Consumer Ltd v.Visage Beauty And Health Care Pvt Ltd
Honasa Consumer Ltd filed a petition seeking cancellation of the trademark 'D-TAN' registered by Visage Beauty And Health Care Pvt Ltd. The dispute arose after Honasa received a cease and desist notice from Visage claiming rights over the mark, which overlaps with Honasa's use of 'DETAN' in conjunction with its brand 'AQUALOGICA'. The Delhi High Court allowed procedural applications regarding document filing and issued notice to the Respondent for the stay application, setting future dates for hearing.
Satish Kumar Panjwani v.Nitin Garg
The plaintiffs sought an interim injunction against the defendants for using trademarks ('Maa Shakti' and 'Nari Shakti') that were allegedly identical or deceptively similar to their registered copyright/trademark, 'Ruchi Shakti', used for edible oil. The court found that the packaging of the defendant no. 2 was almost identical to the plaintiff's, satisfying the test of likelihood of confusion.
A.D.Padmasingh Isaac (Trading as Aachi Spices and Foods) v.V.Senthil Kumar & The Registrar of Trademarks
This Madras High Court judgment addressed a complex dispute involving trade mark infringement and rectification petitions between Aachi Spices and Foods and V.Senthil Kumar. The parties ultimately reached a comprehensive settlement, formalized through a Memorandum of Compromise dated August 31, 2023. Consequently, the court decreed the civil suit by granting a permanent injunction against the defendant's use of similar marks, while simultaneously directing the Registrar of Trademarks to cancel and rectify the disputed registrations held by the respondent.
M/S.Pioneer Bakeries Pvt. Ltd. v.Mr.V.M.Joseph and The Registrar of Trademarks
The Madras High Court disposed of rectification petitions filed by M/S. Pioneer Bakeries Pvt. Ltd. against Mr. V.M. Joseph regarding the trademark 'MILKA'. The court relied on a binding Dispute Settlement Agreement (MOU) dated 18.02.2016, wherein Mr. Joseph acknowledged that PBPL was the true proprietor of 'MILKA' and agreed to end all disputes. Consequently, the Court directed the Registrar of Trademarks to cancel the disputed registrations.
Jaypore E-Commerce Private Limited v.Mr Jitendra Ravjani
Jaypore E-Commerce Private Limited filed a suit seeking permanent injunction against Mr. Jitendra Ravjani, alleging infringement and passing off concerning the mark 'JAYPORE'. The Delhi High Court proceeded to frame seven key issues in the matter, including whether the defendant's use constitutes trademark infringement or passing off, and whether the plaintiff is guilty of concealment. This order sets the stage for detailed evidence presentation by both parties.
N.C.Nanu v.The Registrar of Trade Marks
The Madras High Court allowed a writ petition filed by N.C.Nanu, whose trademark application for 'PAYYOLI MIXTURE' was deemed abandoned by the Registrar of Trade Marks. The court held that the petitioner had complied with Section 21(2) of the Trademarks Act, 1999, as the initial counter statement was filed within the stipulated two-month period from receiving the notice of opposition. The High Court quashed the abandonment order and directed the Registry to consider the application on its merits.
CCL Product (India) Ltd. v.The Registrar of Trade Marks
The Madras High Court set aside the Registrar's refusal to register CCL Product's device mark 'CONTINENTAL WITH TWO COFFEE BEANS AT THE TOP.' The court found that the initial rejection failed to adequately consider the appellant's prior registrations and use, particularly across both Class 30 (beverages) and Class 11 (appliances). While allowing registration to proceed, the Court imposed a limitation on its use in Class 11, restricting it specifically to beverage vending and dispensing machines.
Triology Solutions Private Limited v.Flipkart Internet Private L Imited & Ors.
The Delhi High Court granted an interim injunction in favor of Triology Solutions Private Limited against various online sellers (Defendants 12-23) for trademark infringement and passing off. The court recognized the distinctiveness of the 'Muuchstac' brand, which is used for cosmetic products, and restrained the defendants from using its registered device mark and trade dress/packaging. Furthermore, the court directed the major e-commerce platforms (Defendants 1-11) to ensure takedown actions are taken against counterfeit listings and mandated disclosure of sales revenue by the infringing sellers.
M/S.Rspl Health Private Limited v.Reckitt And Colman (Overseas) Hygiene Home Limited & Anr.
The Delhi High Court dismissed the petitions filed by M/S.Rspl Health Private Limited, which sought to have the trademark 'HARPIC DRAINXPERT' removed from the register. The court found that despite the petitioner's earlier marks, there was no likelihood of confusion among the average consumer when comparing 'XPERT' and 'HARPIC DRAINXPERT'. Furthermore, the court rejected the petitioner's plea regarding bad faith under Section 11(10)(ii), stating that such a claim requires cogent evidence beyond mere similarity.
Dolphin Mart Private Limited v.Avenue Supermarts Limited & Anr.
In this trademark infringement dispute, the Delhi High Court addressed two key applications. First, it permitted the defendants (Avenue Supermarts) to introduce crucial trademark registration certificates into evidence, noting that since these were issued post-filing of the written statement and are in the public domain, they should be admissible. Second, regarding the plaintiff's request for an interim injunction against infringement, the Court dismissed the application, finding that the plaintiff failed to establish a prima facie case or demonstrate that the balance of convenience favored them.
Marico Limited v.MW & Sons
The Commercial IP Suit filed by Marico Limited against MW & Sons regarding alleged trademark infringement was settled between both parties. The Court accepted the Consent Minutes of Order, leading to the disposal and decreeing of the suit in favour of the Plaintiffs.
M/s.Digital Securities Pvt. Ltd. v.The Registrar of Trademarks & M/s.Kwality Ice Creams
The Madras High Court addressed an appeal challenging an order that allowed the review of a trademark registration application previously treated as abandoned for want of prosecution. The court found that while the original abandonment was based on discretion, the subsequent procedural history and lack of substantive adjudication warranted intervention. Consequently, the Registrar was directed to proceed with the application after granting both the appellant and respondent a reasonable opportunity to be heard.
Lotte India Corporation Ltd. v.Phan Nguyen Confectionery Corporation; Ajanthaa K.T.K Products
The Madras High Court addressed a trademark infringement and passing off suit filed by Lotte India Corporation against Phan Nguyen Confectionery Corporation and Ajanthaa K.T.K Products regarding the 'CHOCO PIE' mark. Despite the plaintiff alleging identical use of the mark, the court found that the plaintiff failed to adequately prove the infringement by the defendants. Consequently, the suit was largely dismissed on the core claims of trademark violation and damages.
Foodvista India Pvt. Ltd. v.The Registrar of Trademarks
The Madras High Court intervened in trademark applications filed by Foodvista India Pvt. Ltd., which were previously refused by the Trademark Registry on grounds of descriptiveness. The court found that the refusal orders were unreasoned and failed to consider the appellant's evidence of use and acquired distinctiveness, particularly under the proviso to Section 9(1) of the Trademarks Act. Consequently, the High Court set aside the impugned orders and remanded the matter back to the Registrar for reconsideration, mandating a reasoned decision based on all submitted evidence.
Pioneer Bakeries (P) Ltd. v.New Hope Food Industries Pvt. Ltd.
The Madras High Court disposed of multiple Original Petitions filed by Pioneer Bakeries (P) Ltd seeking cancellation of several trademarks. The court noted that both parties had reached a comprehensive Settlement Agreement dated March 26, 2018. This agreement defined specific usage rights for the 'MILKA' mark in Class 30, ensuring mutual non-infringement across various product categories. Consequently, the petitions were disposed of based on this existing compromise, avoiding a full judicial hearing.
Marico Limited v.Mathewsons Exports And Imports Pvt.Ltd
The Madras High Court ruled in favor of Marico Limited, directing the removal of the trademark 'KASTHOORI MANJAL' (Registration No. 1451234) from the register. The core issue was that the mark had not been renewed since April 26, 2016, and the statutory long stop date for renewal or restoration had expired. This decision underscores the critical importance of maintaining trademark registrations through timely renewals.
M/s.Kaleesuwari Refinery Pvt. Ltd. v.M/s.Ennar Enterprises
M/s.Kaleesuwari Refinery Pvt. Ltd filed a suit against M/s.Ennar Enterprises alleging multiple infringements, including the unauthorized use of a deceptively similar trademark ('GOLD PRIME') and passing off their edible oil product. The plaintiff sought permanent injunctions protecting their registered trade mark 'Gold Winner' and associated copyright in packaging design. Ultimately, both parties reached an amicable resolution and settled the dispute.
Asian Paints Ltd. v.M. Senthilkumar
The applicant/plaintiff sought continuation of previously granted exparte ad-interim orders related to a passing off claim. Despite serving notice, the defendants remained absent. The court decided to continue the existing interim orders until further orders.
Hindustan Unilever Limited v.Sushil Prajapati
Hindustan Unilever Limited filed a Commercial IP Suit against Sushil Prajapati regarding the use of impugned marks SUPER SURF and Splat device. The parties subsequently settled their disputes, leading to the court decreeing the suit in favour of the Plaintiff.
M/S. Hatsun Agro Product Limited v.H.Omar Farook and The Registrar of Trade Marks
M/S. Hatsun Agro Product Limited filed a petition seeking the cancellation and rectification of Trademark No. 2555577 in Class 25, arguing its invalidity or non-use. However, upon receiving an affidavit from the first respondent, H.Omar Farook, which confirmed that the trademark had expired on June 27, 2023, and that he would not renew it, the Madras High Court dismissed the petition as infructuous. This outcome highlights how a simple change in registration status can immediately resolve complex IP disputes.
ITC Limited v.Britannia Industries Ltd.
ITC Limited filed a suit against Britannia Industries Ltd. alleging imitation of its trade dress for biscuits. The defendant sought to reject the plaint on grounds including lack of urgency, failure to comply with pre-mediation requirements, and jurisdictional challenges. The Madras High Court dismissed the application to reject the plaint, finding that the plaintiff had established jurisdiction and that the case warranted consideration despite procedural objections.
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