Industry Sector

FMCG — India Trademark Cases

541 decisions indexed

Page 12 of 19 · 541 total

trademark settled · Sep 19, 2019

M/s.Kaleesuwari Refinery Private Limited v.M/s.Popular Trading Company

Madras High Court · 149717676

M/s.Kaleesuwari Refinery Private Limited filed a civil suit against M/s.Popular Trading Company alleging trademark infringement, passing-off, and copyright violation concerning their edible oil products. The plaintiff claimed that the defendant was using the deceptively similar mark 'Gold Drops' in relation to the plaintiff's registered trade mark 'Gold Winner'. Although the initial suit sought various injunctions and damages, the parties ultimately reached a Joint Compromise Memo.

trademark plaintiff favorable · Sep 16, 2019

Sri Narasu's Coffee Company Ltd v.Narasu's Sarathy Industries

Madras High Court · 74553362

The Madras High Court allowed an appeal filed by Sri Narasu's Coffee Company Ltd against a lower court order. The company successfully argued that it is the exclusive owner of the 'Narasu's' trade mark, dating back to 1926. Given the risk of irreparable injury and loss of goodwill due to the respondents granting licenses to third parties, the Court issued an interim injunction. This order mandates that the respondents cease all licensing or assignment activities related to the trademark until the final disposal of the civil suits.

trademark settled · Sep 13, 2019

M/s.Kaleesuwari Refinery Private Limited v.M/s.RVS Traders

Madras High Court · 153534240

M/s.Kaleesuwari Refinery Private Limited filed a civil suit against M/s.RVS Traders alleging infringement of its registered Trade Mark 'Gold Winner' and associated copyright, specifically concerning the use of the deceptively similar mark 'SPS Gold' on edible oil products. The plaintiff sought permanent injunctions and directions for destruction of infringing materials. However, before the final judgment was passed, both parties entered into a Compromise Memo to settle all disputes.

trademark settled · Sep 13, 2019

M/s.Kaleesuwari Refinery Private Limited v.M/s.SP Traders

Madras High Court · 54736099

M/s.Kaleesuwari Refinery Private Limited filed a civil suit against M/s.SP Traders alleging infringement of its registered trade mark 'Gold Winner' and violation of copyright related to the packaging of edible oil. The plaintiff claimed that the defendant was using the deceptively similar mark 'Shree Gold' and passing off inferior products as the plaintiff's brand. Although the initial claims involved trademark, passing-off, and copyright violations, the parties ultimately reached a compromise.

trademark mixed · Sep 3, 2019

Royal Dryfruit Range v.Royal Taste Dry Fruits

Bombay High Court · 47559741

The Bombay High Court disposed of a Commercial IP Suit involving Royal Dryfruit Range versus Royal Taste Dry Fruits. The court accepted an undertaking from the defendant, Royal Taste Dry Fruits, to remove the disputed mark 'ROYAL' from its signage and packaging, as well as withdraw its trademark application. A short extension was granted for compliance, effectively settling the immediate dispute through mutual agreement and judicial acceptance of the undertakings.

trademark defendant favorable · Aug 30, 2019

M/S Ever Bake v.M/S Everbake Bakers Private Ltd.

Delhi High Court · 72525377

The Delhi High Court dismissed M/S Ever Bake's petition challenging the rejection of its application to dismiss a trademark infringement suit. The respondent, M/S Everbake Bakers Private Ltd., had filed a suit claiming violation of their registered 'EVER BAKE' trademark. Although the petitioner argued lack of territorial jurisdiction because they operated in Assam, the Court upheld the trial court's decision. Citing Section 134 of the Trademarks Act and relevant Supreme Court precedents, the High Court found that since the respondent's registered office was in Delhi, the suit was correctly filed within the proper jurisdiction.

trademark settled · Aug 16, 2019

S. Sudhakar and Shri Lakshmi Agro Foods Pvt. Ltd. v.Sree Sai Raama Oil Mill, V. Dhadapani, and S. Ravichandran

Madras High Court · 126252993

This civil suit was filed by S. Sudhakar and Shri Lakshmi Agro Foods Pvt. Ltd. against Sree Sai Raama Oil Mill, alleging infringement of the registered trademark "UDHAIYAM" and copyright violation concerning their oil products. The plaintiffs sought perpetual injunctions, rendition of accounts, and damages for passing off. However, before a final judgment on merits, the parties reached an amicable settlement.

trademark dismissed · Aug 5, 2019

S.Sudhakar & Shri Lakshmi Agro Foods Pvt. Ltd. v.M/s.Puvaneshwari Oil Traders

Madras High Court · 193884956

The plaintiffs, S.Sudhakar and Shri Lakshmi Agro Foods Pvt. Ltd., filed a suit against M/s.Puvaneshwari Oil Traders alleging trademark and copyright infringement concerning their registered mark 'UDHAIYAM' used for food products like Gingelly Oil. The plaintiffs sought perpetual injunctions and damages for passing off. However, during the hearing, the plaintiff's counsel requested permission to withdraw the suit while retaining the liberty to file a fresh case should future infringement occur.

trademark dismissed · Jul 8, 2019

Bharathi Consumer Care Products Pvt. Ltd. v.Mr.Suresh

Madras High Court · P100230763

Bharathi Consumer Care Products Pvt. Ltd. filed a civil suit against Mr. Suresh, alleging multiple infringements related to its detergent products. The claims included unauthorized use of the 'XXX' registered trademark, copyright infringement on the product's artistic label/trade dress, and passing off. However, before the court could rule on the merits of the case, the plaintiff chose to withdraw the suit.

trademark plaintiff favorable · Jun 10, 2019

Hindustan Unilever Ltd. v.Meera Soap Works

Bombay High Court · 132783800

Hindustan Unilever Ltd. filed a suit against Meera Soap Works alleging infringement of its copyrighted artwork and passing off related to its SUNLIGHT detergent label. The Bombay High Court granted leave under the Letters Patent Act, decreed the suit, and issued perpetual injunctions.

trademark plaintiff favorable · May 27, 2019

Hindustan Unilever Limited v.Ahuvan Industries

Bombay High Court · P47875984

Hindustan Unilever Limited filed a commercial IP suit against Ahuvan Industries alleging infringement of its copyright in the SUNLIGHT label artwork and passing off through the use of deceptively similar trade dress and label marks by the Defendant's product, MEJOL. The Bombay High Court granted leave to appeal and decreed the suit.

trademark plaintiff favorable · May 27, 2019

Hindustan Unilever Limited v.Ahuvan Industries

Bombay High Court · P121377290

Hindustan Unilever Limited filed a commercial IP suit against Ahuvan Industries alleging infringement of its copyrighted artwork and passing off related to its SUNLIGHT detergent brand. The court granted leave under the Letters Patent Act and decreed the suit, imposing perpetual injunctions on the defendant.

trademark plaintiff favorable · May 27, 2019

Hindustan Unilever Limited v.Ahuvan Industries

Bombay High Court · 134650245

Hindustan Unilever Limited filed a commercial IP suit against Ahuvan Industries alleging infringement of its copyrighted artwork (SUNLIGHT) and passing off through the use of deceptively similar labels and trade dress (MEJOL). The Bombay High Court granted leave to appeal, decreed the suit in favor of the plaintiff, and issued perpetual injunctions.

trademark interim order · May 13, 2019

Hindustan Unilever Ltd. v.Mak Traders

Bombay High Court · 69510312

This notice of motion pertains to an ongoing Commercial IP Suit where Hindustan Unilever Ltd. sought protection for its distinctive SURF EXCEL trade dress against Mak Traders' competing detergent products. The court granted an ad-interim injunction restraining the defendant from using any trade dress or mark deceptively similar to the Plaintiff's.

trademark plaintiff favorable · May 10, 2019

Hindustan Unilever Limited v.Anil Chemicals

Bombay High Court · 173090348

Hindustan Unilever Limited filed a suit against Anil Chemicals alleging infringement of its copyrighted artistic labels (WHEEL) and passing off through the use of deceptively similar artworks/trade dress (SURYA) on detergent products. The parties reached a settlement, leading to the court decreeing the suit.

trademark interim order · May 9, 2019

Hindustan Unilever Limited v.Mak Traders

Bombay High Court · 199931077

Hindustan Unilever Limited filed a Commercial IP Suit against Mak Traders alleging infringement and passing off related to their detergent preparations. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an ad-interim injunction.

trademark interim order · May 7, 2019

Asian Paints Limited v.Rainbow Colours Co. and others

Bombay High Court · 120231871

Asian Paints Limited filed a Commercial IP Suit against Rainbow Colours Co. and others alleging infringement of its distinctive trademarks and trade dress related to wall primers. The Bombay High Court granted leave under the Letters Patent Act and passed an order granting an interim injunction.

trademark interim order · May 7, 2019

Asian Paints Limited v.Phinex Paints and Polychem Industries

Bombay High Court · 47281048

Asian Paints Ltd filed a Commercial IP Suit against Phinex Paints and Polychem Industries alleging trademark infringement and passing off. The Bombay High Court granted leave under the Letters Patent Act and passed an order granting an interim injunction.

trademark plaintiff favorable · May 2, 2019

Metro Brands Limited v.Reliance Retail Limited

Bombay High Court · 161536554

The Bombay High Court passed an order by consent in a Commercial IP Suit concerning trademark infringement and passing off. The court granted permanent injunctions against Defendant Nos. 1 and 2, restraining them from infringing or passing off the Plaintiff's registered METRO marks. Additionally, Defendants Nos. 1 and 2 were directed to pay costs of Rs. 10 Lakhs.

trademark interim order · Apr 1, 2019

Donato Styling Products v.Celine Health Care Private Limited

Bombay High Court · 122366374

Donato Styling Products filed a Commercial IP Suit alleging trademark infringement and passing off by Celine Health Care Private Limited. The court granted leave to the petitioner and subsequently passed an interim order granting a temporary injunction against the defendants regarding the use of similar trademarks.

trademark interim order · Mar 26, 2019

Hindustan Unilever Limited v.Jms Industries

Bombay High Court · P442439

Hindustan Unilever Limited filed a Commercial IP Suit against JMS Industries regarding alleged trademark infringement and passing off related to detergent products. The court granted leave under Clause XIV and issued an interim injunction restraining the Defendant from using the mark SARAF or the SPLAT Device in relation to its detergent preparations.

trademark interim order · Mar 26, 2019

Hindustan Unilever Limited v.Jms Industries

Bombay High Court · 57102240

Hindustan Unilever Limited filed a Commercial IP Suit against JMS Industries concerning trademark infringement and passing off related to detergent preparations. The court granted leave under Clause XIV of the Letters Patent Act and issued an interim injunction restraining the defendant from using the mark SARAF or the SPLAT Device in connection with similar goods.

trademark defendant favorable · Mar 26, 2019

Surya Food And Agro Limited v.Om Traders & Anr.

Delhi High Court · 83761276

The Delhi High Court dismissed Surya Food And Agro Limited's suit against Om Traders and others, which alleged passing off based on similar packaging trade dress. The court found that despite the plaintiff's claims regarding distinctive packaging for 'BUTTER DELITE,' there was no sufficient similarity or likelihood of confusion with the defendant's product, 'BUTTER KRUNCH.' The judgment emphasized consumer perception principles (Gestalt Psychology), concluding that consumers recall products holistically rather than focusing on minute details of the packaging.

trademark interim order · Mar 25, 2019

Hindustan Unilever Limited v.Burdwan Soap Works

Bombay High Court · 195698438

Hindustan Unilever Limited filed a Commercial IP Suit against Burdwan Soap Works alleging trademark infringement and passing off related to their detergent powder products. The court granted an interim order, reinforcing existing reliefs and issuing further restraints on the Defendant's business practices.

trademark mixed · Mar 25, 2019

Roopak Stores Pvt. Ltd. v.Roopaks Pik-N-Pay

Delhi High Court · 47486622

The Delhi High Court addressed an injunction application filed by Roopak Stores Pvt. Ltd. against Roopaks Pik-N-Pay regarding alleged trademark infringement of 'ROOPAK'. While the plaintiffs sought a complete restraint, the court acknowledged the defendants' long-standing use of the mark since 1994 and noted unexplained delay in filing the suit (2017). Consequently, instead of granting an outright injunction, the Court ordered the defendants to cease using variants of the mark while simultaneously mandating them to file detailed accounts from 1993-94 to facilitate a fair trial.

trademark plaintiff favorable · Feb 26, 2019

Dharampal Satyapal Sons Private Limited v.Mr. Gagan Varshney & Ors.

Delhi High Court - Orders · 27186220

The Delhi High Court granted an interim injunction in favor of Dharampal Satyapal Sons Private Limited against Mr. Gagan Varshney & Ors., finding a prima facie case of trademark infringement and passing off. The court observed that the defendants were using the deceptively similar mark 'PULSER' and identical trade dress for candies, which infringed upon the plaintiff's registered trademark PULSE and its associated artistic packaging. This protective order prevents the defendants from manufacturing or selling products under the infringing marks until further orders.

trademark plaintiff favorable · Feb 25, 2019

Hindustan Unilever Ltd. v.Mahabir Enterprises

Bombay High Court · P162879715

Hindustan Unilever Ltd filed a commercial IP suit against Mahabir Enterprises alleging infringement of its copyright in artistic packaging/trade dress for detergents, along with passing off. The Bombay High Court granted permanent injunctions restraining the defendant from reproducing or selling infringing goods and ordered the payment of a fine.

trademark plaintiff favorable · Feb 25, 2019

Hindustan Unilever Ltd. v.Mahabir Enterprises

Bombay High Court · P13560888

Hindustan Unilever Ltd filed a commercial IP suit against Mahabir Enterprises alleging infringement of its copyright in artistic packaging and passing off related to its detergents. The Bombay High Court granted permanent injunctions restraining the defendant from reproducing or dealing in similar goods, and mandated the payment of a fine.

trademark interim order · Feb 25, 2019

Unilever Plc. v.Lucky Products

Bombay High Court · 58735147

Unilever Plc. filed a notice of motion seeking an interim order against Lucky Products for allegedly using a pirated trade dress and trademarks deceptively similar to VASELINE in their petroleum jelly products. The Bombay High Court granted the leave petition and issued a temporary injunction restraining the defendant from manufacturing, marketing, or selling such goods.

trademark plaintiff favorable · Feb 25, 2019

Hindustan Unilever Ltd. v.Mahabir Enterprises

Bombay High Court · 31024455

Hindustan Unilever Ltd. filed a commercial IP suit against Mahabir Enterprises alleging infringement of its copyrighted artistic packaging/trade dress and misuse of the 'Sunlight' trade mark in detergent products. The Bombay High Court granted permanent injunctions restraining the defendant from infringing the copyright and passing off, while also imposing a fine of Rs. 5,00,000/-.

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