FMCG — India Trademark Cases
913 decisions indexed
Page 13 of 31 · 913 total
United Foods Public Company Limited v.The Registrar of Trademarks
United Foods Public Company Limited filed a Civil Miscellaneous Appeal challenging the Registrar of Trademarks' refusal to register the mark 'YOYO' in Class 30. The appeal sought to set aside the refusal and allow the trademark application to proceed. However, before the court could rule on the merits of the case, the appellant voluntarily moved for withdrawal. Consequently, the Madras High Court dismissed the appeal as withdrawn.
Walgreen Co. v.The Registrar of Trademarks
Walgreen Co. filed a Civil Miscellaneous Appeal challenging the Registrar of Trademarks' refusal to register the mark 'Finest Nutrition' in Class 5. However, before the court could rule on the merits of the appeal, the appellant voluntarily submitted a memo requesting its withdrawal. Consequently, the Madras High Court dismissed the case as withdrawn without passing any order regarding costs.
Aasife Biriyani Pvt Ltd v.Greens Lands Restaurant
Aasife Biriyani Pvt Ltd filed a lawsuit against Greens Lands Restaurant, alleging infringement of its registered trademark (No. 3768877) and associated copyrights in relation to providing food services. The plaintiff sought permanent injunctions and damages for passing off and unauthorized use of the brand. However, during the proceedings, the parties reached an out-of-court settlement.
M/S.Mohamed Aboobacker Chank Lungi Ltd. v.M/s.Indianpasand Inc.
M/S.Mohamed Aboobacker Chank Lungi Ltd filed a civil suit against several defendants, including M/s.Indianpasand Inc., alleging trademark infringement, copyright violation, and passing off concerning its 'SANGU' brand. The plaintiff sought permanent injunctions and damages against the use of deceptively similar marks like 'SHIPPY.' Ultimately, the court decreed the suit in terms of a Memorandum of Settlement reached between the plaintiff and the 3rd defendant.
Sachin Gupta Trading As Gcmc Masala Co. v.Kbm Foods Pvt. Ltd.
The Delhi High Court dismissed the appeal filed by Sachin Gupta Trading As Gcmc Masala Co. against an interim injunction granted to Kbm Foods Pvt. Ltd. The court found that there was a high likelihood of confusion between the two parties' spice labels, particularly due to the use of similar marks and 'COW' devices. Despite the appellant's claims regarding prior use and copyright protection for their artwork, the court upheld the original order, finding that Kbm Foods had established a strong prima facie case for passing off.
Cadbury India Limited v.Gomathi Suresh
The Madras High Court dismissed a petition filed by Cadbury India Limited seeking to expunge Trademark No. 1050347 from the register. The court noted that the primary respondent, Gomathi Suresh, submitted that the trademark in question had already expired on October 8, 2021. Consequently, since the mark was no longer active, the petition became infructuous and was dismissed without further adjudication.
UltraTech Cement Ltd. v.Ultratech Paints and Allied Products
The plaintiffs filed an Interim Application seeking a temporary injunction against the defendants. The court allowed the application, granting an interim order restraining the defendants from using the impugned name 'ULTRATECH' and associated domain names to infringe upon or pass off goods related to the well-known trade mark 'UltraTech'.
Ashique Exports (P) Ltd. v.Suresh K.K.
Ashique Exports (P) Ltd. filed an appeal challenging a lower court's judgment regarding trademark infringement and passing off related to its 'Super Wash – 555' washing soap. The Plaintiff alleged that the Defendants were using identical wrappers to deceive the public. However, the Madras High Court dismissed the appeal, primarily finding that the Plaintiff failed to prove prior use due to the inadmissibility of photocopied documents. Furthermore, the court held that the suit lacked territorial jurisdiction as the defendants' business was not within the court's limits.
Radhakrishna Adiga v.M/s.Vasudeva Adigas Fast Foods Pvt Ltd
The Madras High Court dismissed a series of petitions filed by Radhakrishna Adiga against M/s. Vasudeva Adigas Fast Foods Pvt Ltd and the Registrar of Trademarks. The original petitions sought the removal or rectification of several trademarks registered under the name 'Vasudeva Adigas Fast Food Pvt Ltd.' However, the court noted that the petitioner had been instructed to withdraw all cases due to a settlement reached between the contesting parties.
Inter Ikea Systems Bv v.Br Retail India Private Limited And Anr.
The Delhi High Court granted an interim injunction in favor of Inter Ikea Systems Bv, finding that the defendants were likely infringing on IKEA's registered trademarks. The court ordered the defendant to immediately cease using the deceptively similar 'TIKEA/' mark across all goods and services. Furthermore, the judgment mandated the removal of any infringing material from the website www.tikea.in and directed the defendants to take steps to get such content taken down from third-party websites.
Lt Foods Limited v.Dawat Biryani & Anr.
The Delhi High Court formally decreed the suit between Lt Foods Limited and Dawat Biryani & Anr. based on a comprehensive settlement agreement reached through court mediation. The defendants acknowledged Lt Foods as the proprietor of the well-known 'DAWAT' trademark and committed not to use any deceptively similar marks, such as 'Dawat Biryani,' in a manner that suggests affiliation or causes infringement or passing off. This resolution provides clear legal certainty regarding the protection of the Plaintiff's intellectual property rights.
Carlsberg Breweries A/S v.Tensberg Breweries And Industries Pvt Ltd
The Delhi High Court addressed an application regarding the alleged expansion of business by Tensberg Breweries despite a prior injunction order. Carlsberg contended that Tensberg was willfully violating the court's restraint by applying for fresh excise licenses in new states using the restrained marks. The court found merit in Carlsberg's contention, leading to notice being issued to Tensberg and setting the matter for further arguments.
Sirona Hygiene Private Limited v.Flipkart Internet Private Limited & Ors.
In this case concerning online trademark infringement, the Delhi High Court delivered a mixed judgment based on joint compromises and ex-parte proceedings. The court decreed the suit in favor of Sirona Hygiene Private Limited against Defendant No. 1 (Flipkart) based on agreed compromise terms. Furthermore, it mandated specific takedown procedures for Defendant No. 2 (Amazon) to address unauthorized use of Sirona's trademarks. Finally, an injunction was passed against other sellers (Defendants Nos. 3-13) who were found to be passing off counterfeit goods.
Holyland Marketing Pvt. Ltd. v.Vijay Pal Vineet Kumar And Co. And Ors.
The Delhi High Court allowed a petition seeking rectification of the Trade Marks Register, striking down a competitor's registration. The petitioner successfully argued that the respondent's mark and trade dress were deceptively similar to its own, despite minor differences in the names ('Golden Crown' vs 'Golden Queen'). Furthermore, the court noted that the respondent's application was ineligible for registration under Section 11(1)(b) due to the petitioner's prior priority of user and registration. This ruling reinforces the protection afforded to established trade dress and marks against confusingly similar imitations.
M/S S. S. Hospitality v.M/S Sagar Ratna Restaurants Pvt. Ltd
This revision petition challenged the territorial jurisdiction of the Delhi Commercial Court regarding a trademark infringement suit filed by M/S Sagar Ratna Restaurants Pvt. Ltd against M/S S. S. Hospitality. The petitioner argued that since the cause of action arose in Chandigarh, and the respondent had subordinate offices there, the suit should have been filed in Chandigarh. However, the High Court dismissed the petition, holding that the respondent-plaintiff did not possess a subordinate office in Chandigarh, thus validating the original court's decision to allow the suit to proceed in Delhi.
Gujarat Cooperative Milk Marketing Federation Limited v.Amul Electromech Private Limited & Ors.
The Delhi High Court issued interim orders in favor of Gujarat Cooperative Milk Marketing Federation Limited (Amul) against several defendants regarding trademark infringement. The court directed specific defendants to immediately suspend access to infringing domain names (like www.amulfans.com), block social media accounts, and remove product listings on e-commerce platforms like Amazon. For other intermediaries, the court mandated a 'notice and takedown' mechanism, requiring them to promptly remove any content bearing Amul's trademarks upon receiving notification from the plaintiff.
Rspl Limited v.Agarwal Home Products & Anr.
Rspl Limited challenged the registration of the word mark 'AGRAGHADIYAL' by Agarwal Home Products, arguing it was deceptively similar to their well-known brand 'GHADI'. The Delhi High Court examined the phonetic and visual similarities between the two marks. Ultimately, the court found that despite both words being related to time/clocks in Hindi, there was no sufficient similarity or likelihood of confusion for cancellation under Section 11 of the Trade Marks Act. Consequently, the petition seeking revocation was dismissed.
Khilender Gupta Trading As M/S Bobby Enterprises v.Rakesh Kumar Trading As M/S Sai Birbal Das Foods
The Delhi High Court allowed an appeal filed by Khilender Gupta (the defendant in the original suit) challenging a lower court's refusal to permit amendments to their written statement. The core issue was whether changing the claimed date of trademark use constituted an impermissible 'U-turn.' The Court ruled that since the petitioner was entitled to claim user from any date, and the amendment merely reflected newly discovered material, it was correctional in nature and should be allowed in the interest of justice.
Pepsico Inc. v.Jagpin Breweries Limited
The Delhi High Court ruled in favor of Pepsico Inc., granting an absolute ad interim injunction against Jagpin Breweries Limited. The court found that the unauthorized use of 'MIRINDA' and its Hindi transliteration by the defendant, particularly in connection with country-made liquor, constituted trademark infringement and dilution. This decision underscores the strong protection afforded to well-known marks under Indian IP law, even when goods or trade channels differ.
A.D.Padmasingh Issac (Trading as Aachi Spices and Foods) v.Hariharan (Trading as Sruthi's Masala) & The Registrar of Trademarks
The Madras High Court dismissed the petition filed by A.D. Padmasingh Issac seeking the removal or rectification of Trademark No. 1759431 from the Register of Trademarks. The court noted that, subsequent to filing the suit, the trademark in question had already been removed from the register. Since the relief sought was no longer necessary due to this prior action, the petition was declared infructuous.
Russell E. Freebury v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Russell E. Freebury against the Registrar of Trade Marks' rejection of their trademark 'ZINKA'. The court noted that the goods covered by the appellant were distinct from those cited in opposition, and considering the long-standing use of the mark, it set aside the refusal order. Consequently, the application was allowed to proceed with a modified device mark, directing the Registry to process its registration.
Sirona Hygiene Private Limited v.Parulben Navnath Chothani Trading As Shiv Enterprise & Ors.
The Delhi High Court recorded a settlement between the Plaintiff, Sirona Hygiene Private Limited, and Defendant No. 1 in a trademark infringement suit concerning its 'SIRONA' brand. The settlement acknowledged Sirona's rights in both its registered mark and product packaging copyright. As part of the agreement, the infringing party agreed to cease using similar marks like 'SIROMA' and paid Rs. 65,000/-. Consequently, the suit was decreed against Defendant No. 1, who was then deleted from the array of parties.
Virendra Kumar Gupta v.Burger King Corporation
The Madras High Court dismissed a rectification petition filed by Virendra Kumar Gupta against Burger King Corporation. The petitioner sought to cancel or impose a disclaimer on the 'Burger' and 'King' marks registered under No. 927122. The court relied on prior judgments, including one from the Delhi High Court and the Supreme Court ruling in Patel Field Marshal Agencies vs P.M. Diesels Ltd., concluding that the petition was not maintainable.
Inter Ikea Systems Bv v.Devashish Rattan And Ors
Inter Ikea Systems Bv successfully secured an ex parte ad interim injunction against Devashish Rattan and others in the Delhi High Court. The plaintiff alleged that the defendants were slavishly copying over 2300 product listings, including proprietary names, images, and descriptions from the IKEA website, falsely claiming association with the brand. The court found a prima facie case was made out, granting immediate relief to prevent irreparable harm to the internationally renowned 'IKEA' trademark and trade dress.
Mr.K.Mangudithangaraj (Trading as Poonam Enterprises) v.Mrs. Thirumalsamy Shanthi & Mr. Karnan
This civil suit was filed by Mr. K. Mangudithangaraj, trading as Poonam Enterprises, against Mrs. Thirumalsamy Shanthi and Mr. Karnan for alleged trademark infringement and passing off related to the registered mark 'POONAM'. The plaintiff sought permanent injunctions and damages due to the defendants' use of the similar mark 'PUNITHAM'. However, despite multiple opportunities, the plaintiff failed to appear before the court on the date of judgment.
M/s Izuk Impex v.Kidar Kutubuddin Momin & Anr.
M/s Izuk Impex filed a suit for passing off and trademark infringement against Kidar Kutubuddin Momin and M/s Star Mehandi Cone regarding the use of similar trademarks. The plaintiff, owner of 'MOON & STAR' and related copyrights, successfully argued that the defendants were gaining unfair advantage by using deceptively similar marks in the mehandi business.
Beiersdorf Ag v.Rsh Global Private Limited & Anr.
This order addressed an application by Beiersdorf Ag alleging that Rsh Global Private Limited was disobeying previous court injunctions regarding the use of deceptively similar cosmetic packaging. The plaintiff pointed out that the defendant's product remained available on various e-commerce websites despite the existing restraint orders. The defendants countered, stating they were actively contacting these third-party sites to have the products removed. Given the complexity of enforcement across multiple online platforms, the court granted a short adjournment to allow further submissions on this critical issue.
Red Bull Ag v.Vandana Chetankumar Maraviya Trading As Vandana Beverages & Ors.
In a trademark infringement suit, Red Bull Ag sought an interim injunction against Vandana Beverages for allegedly using similar marks and trade dresses. The Delhi High Court granted a temporary restraint order, compelling Defendants No. 1 and 3 to immediately cease the use of the disputed marks and remove online advertisements. Crucially, the court allowed them to continue selling existing stock already manufactured and distributed, balancing protection of IP rights with commercial realities.
Rspl Health Private Limited v.Reckitt And Colman Overseas Hygiene Home Ltd.
This Delhi High Court order addresses an infringement suit filed by Rspl Health Private Limited against Reckitt And Colman Overseas Hygiene Home Ltd. The plaintiff alleged that the defendant's use of 'XPERT' in its registered word mark, 'HARPIC DRAIN XPERT,' infringed upon the plaintiff's device mark registration. While the court acknowledged the merits of the dispute, it primarily issued procedural directions, allowing the suit to proceed and setting timelines for filing written statements and interim replies.
Old Madras Baking Company Pvt. Ltd. v.The Registrar of Trademarks, The Trademarks Registry; M/s.Suryachandra Enterprises
The Madras High Court dismissed a Writ Petition filed by Old Madras Baking Company Pvt. Ltd. against the Registrar of Trademarks and M/s.Suryachandra Enterprises. The petitioner had sought to quash the registration of the trademark 'OMBC' under application no.5054052, which was held by Respondent No. 2. However, the court noted that the prayer in the petition had become infructuous, leading to its dismissal.
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