Industry Sector

FMCG — India Trademark Cases

551 decisions indexed

Page 13 of 19 · 551 total

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/-.

trademark interim order · Feb 25, 2019

Asian Paints Ltd. v.Micro Paints

Bombay High Court · 118234404

Asian Paints Ltd. filed a suit against Micro Paints alleging that the defendant was using pirated trade dress and marks deceptively similar to the plaintiff's label marks (TRUCARE) and trade dress (ULTRA DECO). The Bombay High Court granted an interim injunction restraining the defendant from manufacturing, marketing, or selling goods under such deceptive marks.

trademark mixed · Feb 14, 2019

Oriflame India Pvt. Ltd. v.Dinender Jain & Others

Delhi High Court - Orders · 136013301

In this interim order, the Delhi High Court addressed a suit filed by Oriflame against various defendants, including Amazon. The core dispute centered on whether Direct Selling Entities (DSEs) like Oriflame must obtain prior written consent before their products are sold on e-commerce platforms. While Amazon argued it was merely an intermediary exempt from liability under the IT Act, the Court issued specific interim directions. These orders mandate Amazon to identify sellers offering Oriflame's products and verify if they have obtained proper consent; listings without consent must be removed within strict timelines.

trademark plaintiff favorable · Feb 11, 2019

Marico Limited v.Mahajan Group Of Industries & Ors.

Delhi High Court - Orders · 150670596

The Delhi High Court granted an interim injunction in favor of Marico Limited against Mahajan Group Of Industries & Ors. The court found a prima facie case of infringement and passing off regarding the plaintiff's 'SAFFOLA Oats' brand. Given that the defendants were allegedly selling oats with packaging deceptively similar to SAFFOLA, the court restrained them from manufacturing or distributing the competing product, 'NUTRI DELITE OATS,' until further orders.

trademark plaintiff favorable · Feb 5, 2019

H & M Hennes & Mauritz Ab & Anr. v.Hnm Traders & Anr.

Delhi High Court - Orders · 193485634

The Delhi High Court granted an interim injunction in favor of Hennes & Mauritz (H&M) against Hnm Traders. The court found a prima facie case of trademark infringement and passing off, noting that the defendants' adoption of 'HnM' was nearly identical to H&M's distinctive style and color schemes. This order prevents the defendant from using any confusingly similar marks or applying for registration until further orders.

trademark interim order · Jan 28, 2019

Procter And Gamble Home Products Pvt. Ltd. v.Kani Soap Works

Bombay High Court · 152200491

The Plaintiff filed a Commercial IP Suit alleging that the Defendant was using the Plaintiff's trade dress and label on detergent powder with clear intent to infringe the mark and pass off goods. The Court granted leave under Clause XIV of the Letters Patent Act and passed an ad-interim order restraining the Defendant from using the ARIEL ATOMIUM and TIDE marks/trade dress pending final disposal of the suit.

trademark plaintiff favorable · Jan 28, 2019

Hindustan Unilever Ltd. v.J.K.Enterprises

Bombay High Court · 6183154

Hindustan Unilever Ltd. filed a Commercial IP Suit against J.K.Enterprises regarding trademark infringement related to detergent powder. The Bombay High Court granted leave and passed an order restraining the Defendant from manufacturing, marketing, or selling goods using marks similar to the Plaintiff's distinctive trademarks WHEEL and Device of SPLAT.

trademark interim order · Jan 24, 2019

Hindustan Unilever Ltd. v.Nashirbhai Mohmedali Mansuri And Anr

Bombay High Court · 19960724

Hindustan Unilever Ltd. filed a Commercial IP Suit against Nashirbhai Mohmedali Mansuri and others alleging infringement of its well-known trademark 'Vim', associated logos, and trade dress. The court granted the leave petition and passed an interim order.

trademark mixed · Jan 7, 2019

Reckitt Benckiser (India) Private Limited v.Patanjali Ayurved Limited

Delhi High Court - Orders · 20319436

The Delhi High Court addressed a suit filed by Reckitt Benckiser against Patanjali Ayurved concerning alleged trademark infringement, passing off, and unfair trade practices related to toilet cleaner advertisements. The core dispute centered on misleading claims made in both original and revised advertisements regarding the use of hydrochloric acid and product naturalness. While the plaintiff sought to challenge the defendant's revised advertisement, the Court permitted Reckitt Benckiser to amend its plaint, allowing the litigation to proceed while preserving the rights of Patanjali Ayurved.

trademark mixed · Dec 14, 2018

Hanuman Candle Works v.M/S Ashwini Candle Industry

Gauhati High Court · 36812045

The Gauhati High Court disposed of an appeal concerning alleged infringement of a trademark and copyright related to candle artwork. The respondent agreed to refrain from using the disputed artwork ('MAYUR'), leading the court to make its previous interim injunction order absolute. However, the core issue regarding concurrent usage of the 'MAYUR' trademark remains pending before the Registrar of Trademarks, necessitating further action by both parties.

trademark plaintiff favorable · Dec 12, 2018

Mr.A.D.Padmasingh Issac Trading as Aachi Spices and Foods / M/s.Aachi Masala Foods (P)Ltd. v.Nutriyes Healthcare Pvt Ltd

Madras High Court · 27114773

Aachi Spices and Foods filed a civil suit alleging that Nutriyes Healthcare Pvt Ltd was infringing upon its copyright and passing off its brand, 'AACHI RAGI FLOUR.' The plaintiff sought permanent injunctions against the unauthorized use of similar marks on ragi flour products. After establishing jurisdiction and presenting ex-parte evidence, the court found in favor of the plaintiffs, granting injunctive reliefs and directing the surrender of infringing materials. Furthermore, given the defendant's failure to appear despite being duly served, the court awarded significant compensatory costs.

trademark interim order · Dec 10, 2018

Hindustan Unilever Limited v.Reva Sree Industries

Bombay High Court · 107460048

Hindustan Unilever Limited filed a Notice of Motion against Reva Sree Industries alleging infringement of its trademarks (OK and WHEEL) and passing off through the use of similar trade dress on detergent products. The court granted an ad-interim injunction restraining the defendant from using the infringing marks/trade dress pending final disposal.

trademark interim order · Dec 10, 2018

Unilever Plc. v.HAD Enterprises

Bombay High Court · 166325024

Unilever Plc. filed a suit alleging that Had Enterprises was violating its trademarks (LAKME, LAKME EYECONIC, etc.) by selling products using deceptive marks and logos. The court addressed motions related to the investigation of these IP violations.

trademark interim order · Nov 30, 2018

Asian Paints Limited v.Agrasen Paints and Chemicals

Bombay High Court · 13988644

Asian Paints Limited filed a Notice of Motion seeking an injunction against Agrasen Paints and Chemicals for alleged infringement of the distinctive trade mark UTSAV and associated trade dress. The Bombay High Court granted the requested relief, restraining the Defendant from using similar marks or trade dresses in relation to paints and distemper pending the final hearing.

trademark plaintiff favorable · Nov 27, 2018

Unilever Plc v.Golden Assam Tea Depot

Bombay High Court · 23424362

Unilever Plc filed an IP suit against Golden Assam Tea Depot for trademark infringement. The dispute centered on the defendant's use of the impugned trade mark "Sipton" and other deceptively similar marks in relation to tea products, which infringed upon Unilever's registered trademarks, particularly "Lipton".

trademark interim order · Nov 24, 2018

Hindustan Unilever Limited v.Reva Sree Industries

Bombay High Court · 108674427

Hindustan Unilever Limited filed an IP suit against Reva Sree Industries alleging that the latter was using a mark (OK WELL) and trade dress deceptively similar to HUL's established marks (OK and WHEEL) and packaging. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an ad-interim injunction.

trademark interim order · Nov 22, 2018

Hindustan Unilever Limited v.Raj Enterprise

Bombay High Court · 25472635

Hindustan Unilever Limited filed a suit against Raj Enterprise alleging infringement related to its detergent preparations, specifically concerning the use of an impugned pirated trade dress and 'Wheel Device'. The Bombay High Court granted leave under the Letters Patent Act and passed an order granting interim relief.

trademark interim order · Nov 19, 2018

Hindustan Unilever Limited v.Bharath Trading Co.

Bombay High Court · 9102809

Hindustan Unilever Limited filed a Notice of Motion seeking an injunction against Bharath Trading Co. and others for allegedly using a trade mark identical or deceptively similar to its 'SPLAT' device mark in relation to detergent preparations. The court allowed the leave petition and granted an interim injunction restraining the defendants from manufacturing, marketing, or selling goods under the impugned mark pending final disposal of the suit.

trademark interim order · Nov 1, 2018

Hindustan Unilever Ltd. v.R. R. Trading Company

Bombay High Court · P96737381

Hindustan Unilever Ltd. filed a Notice of Motion seeking an injunction against R.R. Trading Company for allegedly using a label mark and trade dress deceptively similar to the Plaintiff's distinctive BROOK BOND RED LABEL/RED LABEL. The Bombay High Court granted the leave petition and passed an interim order restraining the defendant from manufacturing, marketing, or selling goods that pass off as those of the plaintiff.

trademark interim order · Nov 1, 2018

Hindustan Unilever Limited v.Jmd Oil Private Limited

Bombay High Court · P17405161

Hindustan Unilever Limited filed a Notice of Motion seeking an injunction against JMD Oil Private Limited for alleged infringement of its trade dress and marks. The court granted the leave petition and subsequently passed an order granting an interim injunction.

trademark interim order · Nov 1, 2018

Hindustan Unilever Limited v.Jmd Oil Private Limited

Bombay High Court · 156122982

Hindustan Unilever Limited filed a Notice of Motion against JMD Oil Private Limited alleging infringement through the use of pirated trade dress in detergent and personal care products. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an order granting interim injunctions.

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