FMCG — India Trademark Cases
913 decisions indexed
Page 14 of 31 · 913 total
Old Madras Baking Company Pvt. Ltd v.The Registrar of Trademarks; M/s.Suryachandra Enterprises
The Madras High Court dismissed the 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 a registered trademark 'OMBC' held by Respondent No. 2, arguing infringement or improper registration. However, the court noted that the prayer in the petition had become infructuous, leading to its dismissal.
Pidilite Industries Limited v.Mr. X, Trading As, M/S Prabhat Store
In a trademark infringement case concerning Pidilite Industries Limited's products (FEWIKWIK and M-SEAL), the Delhi High Court granted an extension for its local commissioners. The court allowed the plaintiff to continue seizing counterfeit goods based on new market evidence, ensuring that enforcement actions could proceed until the next hearing date. This order maintains the status quo regarding anti-counterfeiting measures while allowing defendants time to prepare their defense.
Old Madras Baking Company Pvt Ltd v.M/s.Suryachandra Enterprises
The Madras High Court decreed a civil suit filed by Old Madras Baking Company Pvt Ltd against M/s.Suryachandra Enterprises concerning trademark infringement, copyright violation, and passing off. The dispute involved the use of the 'OLD MADRAS BAKING COMPANY' mark across various classes and digital platforms. Crucially, the court accepted a Memo of Compromise and Trademark Assignment Deed signed by both parties, leading to the suit being settled and decreed without costs.
Sunit Shah v.Sunshine Food Products
The Delhi High Court addressed an appeal challenging a lower court's decision regarding the trademark 'HOT MIX'. While the appellant argued that the mark had acquired distinctiveness, the High Court agreed with the trial court's initial finding that 'HOT MIX' is descriptive of the namkeen product. However, recognizing the need for justice, the Court directed the Trial Court to expedite the remaining proceedings and decide the suit promptly.
Dabur India Limited v.Goodluck Ayurveda Private Limited
Dabur India Limited successfully secured a decree against Goodluck Ayurveda Private Limited regarding the infringement and passing off of its trademark 'HONITUS.' The dispute was amicably resolved through mediation, leading to a Settlement Agreement. Under this agreement, the Defendant acknowledged Dabur's rights, agreed to cease using the infringing packaging/label/trade dress, modified their product presentation, and paid Rs. 1,00,000/- to the Plaintiff.
Visage Beauty & Healthcare Pvt. Ltd. v.Herbal Carts & Ors.
The Delhi High Court issued several crucial interim orders in the trademark infringement suit, Visage Beauty & Healthcare vs Herbal Carts & Ors. The court directed Fashnear Technologies Pvt. Ltd., an e-commerce intermediary, to provide contact details of sellers listing infringing products on its platform. Furthermore, the court allowed the impleadment of a proposed defendant involved in alleged collusion and deferred the request by Facebook Inc. to modify existing interim injunction terms regarding 'similar' vs. 'identical' URLs.
Umang Dairies Limited v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Umang Dairies Limited against the Registrar of Trade Marks' refusal of their device mark 'WHITE MAGIK'. The court found that while the word 'WHITE' might relate to milk products, the composite mark is suggestive rather than descriptive. Furthermore, the court determined that the subject mark was prima facie dissimilar from cited marks and noted that evidence of use had been on record but overlooked by the Examiner. Consequently, the refusal was set aside, and the registration process was directed to proceed.
Ttk Prestige Ltd v.K K And Company Delhi Pvt Ltd & Ors
Ttk Prestige Ltd filed a suit against K K And Company Delhi Pvt Ltd & Ors alleging trademark infringement and passing off concerning its registered brand 'PRESTIGE'. The court granted temporary relief, restraining Defendants No. 2 and 3 from manufacturing or selling products using the disputed mark until the next hearing date. This interim order protects the plaintiff's established market reputation while the full merits of the case are examined.
Vending Updates (India) Private Limited v.Registrar Of Trademarks
The Delhi High Court allowed the appeal filed by Vending Updates (India) Private Limited against the refusal of its device mark registration. The initial objection, based on similarity to Amazon's registered trademark, was overcome when Amazon Technologies, Inc. provided a Letter of Consent. Consequently, the court quashed the rejection order and directed the application to proceed towards publication and registration.
Prem Raj Parekh (Deceased) / Abhishek Parakh v.Shah Food Products And Anr.
The Delhi High Court allowed the substitution of the deceased Plaintiff, Prem Raj Parekh, with his legal representative, Abhishek Parakh. This order facilitated the continuation of the trademark suit, allowing the applicant to formally assign ownership of Trademark No. 543474 in his name. While the procedural hurdle was cleared, the court explicitly left open the substantive objections raised by the Defendant regarding the Plaintiff's actual ownership of the trademark, setting the stage for further litigation.
Chotiwala Food And Hotels Private Limited v.Chotiwala & Ors.
The Delhi High Court granted an interim injunction in favor of Chotiwala Food And Hotels Private Limited against Defendant No. 5, finding a prima facie case of trademark infringement and passing off. The Plaintiffs successfully demonstrated that their registered mark 'CHOTIWALA,' which has acquired significant goodwill over decades, was being deceptively used by the defendant. This order provides immediate protection to the established brand while the main litigation proceeds.
Kentucky Fried Chicken International Holdings LLC v.The Registrar of Trade Marks
The Delhi High Court allowed Kentucky Fried Chicken's appeal against the Registrar of Trade Marks' refusal to register the mark 'CHICKEN ZINGER'. The court found that while the word 'CHICKEN' itself is generic, the combination with 'ZINGER' was suggestive rather than purely descriptive. Crucially, the court clarified that KFC would not acquire exclusive rights in the common term 'CHICKEN', ensuring a disclaimer would be reflected upon registration.
Subway Ip Llc v.Infinity Food & Ors.
The Delhi High Court dismissed the plaintiff Subway IP LLC's request for an interim injunction against Infinity Food & Ors. The court found that despite initial allegations of trademark infringement and passing off (using similar names like 'VEGGIE DELICIOUS'), there was no likelihood of confusion among consumers, especially given the reputation of the plaintiff. Furthermore, the court clarified that similarity in restaurant décor or layout alone does not grant a monopoly under Indian law, leading to the dismissal of the injunction request.
Capital Foods Private Limited v.Radiant Indus Chem Pvt. Ltd.
The Delhi High Court heard an appeal challenging a single judge's refusal to grant an interim injunction against the use of the mark 'SCHEZWAN CHUTNEY'. The court found prima facie evidence suggesting that the respondent copied not only the registered trademark but also the stylization, color combination, get-up, and trade dress from the appellant. Despite arguments regarding descriptiveness and genericness, the High Court concluded that the appellant's mark had acquired secondary significance due to substantial sales and promotional investment, leading it to issue notice and stay the lower court's adverse findings.
ITC Limited v.Raj Kumar Mittal & Ors.
The Delhi High Court addressed two separate applications in the dispute between ITC Limited and Raj Kumar Mittal & Ors. Regarding a request to use a new label, the court found that the proposed packaging did not appear deceptively similar to ITC's marks, thereby lifting the existing ad-interim injunction for this specific design. Separately, the Court initiated proceedings against Mr. Prem Chand Mittal for alleged assault and deliberate disobedience of previous orders.
M/S.Avon Emery Industries v.Sabko Industries
The Rajasthan High Court dismissed a writ petition filed by M/S. Avon Emery Industries against an earlier ruling that rejected its application under Section 124 of the Trademarks Act, 1999. The court affirmed the trial court's decision after considering arguments from both sides regarding whether the original suit included claims for trademark infringement or only passing off. Given the respondent's clarification that the suit was solely for passing off, the High Court found no grounds to interfere with the lower court's order.
Amrit Corp. Limited v.The Registrar Of Trade Marks
The Delhi High Court allowed Amrit Corp. Limited's appeal against the Registrar of Trade Marks' refusal to register the composite label mark 'JUST MILK'. The court found that the combination of the arbitrary word 'JUST' with 'MILK' was suggestive and capable of distinguishing goods, overcoming the objection based on lack of distinctiveness. Consequently, the High Court directed the Registry to proceed with the registration process for 'JUST MILK', while clarifying that this registration would not grant exclusive rights in the generic term 'MILK'.
Organo Gold Holdings, Limited v.Origano Gold Private Limited
The Delhi High Court disposed of the trademark infringement suit filed by Organo Gold Holdings against Origano Gold Private Limited. The parties reached a settlement agreement, which the court subsequently decreed. Under the terms, the defendants acknowledged the plaintiff's rights in the 'ORIGANO GOLD' mark and committed to immediately cease using similar marks or logos. Furthermore, Defendant No. 2 agreed to withdraw specific registered trademarks and pending trademark applications.
Virendra Kumar Gupta Trading As M/S Burger King v.Union Of India Through The Secretary & Ors.
This Delhi High Court order addresses a Writ Petition filed by Burger King, challenging the registration of a trademark. The petitioner argued that the Registry ignored their prior Notices of Opposition when granting registration to Respondent No. 4. However, the court noted that since the registration occurred before a key precedent was set, counsel for the respondent suggested that rectification might be the appropriate remedy instead of continuing with the current writ petition. The matter has been listed for further arguments.
AB MAURI INDIA PRIVATE LIMITED v.VICKY AGGARWAL & ORS.
The Delhi High Court addressed a dispute regarding the scope of an undertaking provided by defendants concerning the use of the trademark 'TOWER'. The court ruled that the undertaking could not be extended to specific goods (Monosodium Glutamate, Citric Acid, Tartaric Acid, Camphor, Hexamine tablets in Class 1, and green raisins in Class 29) because the plaintiff had explicitly acknowledged the defendants' right to use the mark for those categories in their plaint. Consequently, the court modified the undertaking, limiting its restriction only to other goods.
Adani Wilmar Limited v.Baljit Agro Tech Pvt. Ltd.
This Delhi High Court order addresses a complex legal issue concerning the enforceability of trademark rights after a party voluntarily waives actionable claims related to that brand. The court specifically examined an affidavit where the defendant, Baljit Agro Tech Pvt. Ltd., declared they forewent any enforceable right in their unregistered brand 'Shubh Labh Fortune' for GST exemption purposes. Given the implications on the Trade Marks Act, 1999, the Court directed the Department of Revenue to file its stand and submissions in the current proceedings.
Modi Naturals Limited v.The Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Modi Naturals Limited against the Registrar of Trade Marks' refusal of their device mark, 'OLEEV ACTIVE'. The court found that the coined word 'OLEEV', combined with 'ACTIVE' and a slogan, was distinctive and not merely descriptive. Furthermore, it determined that the subject mark was not deceptively similar to any earlier marks cited in the examination report. Consequently, the High Court set aside the refusal order and directed the Trademark Registry to proceed with the registration process.
Jivraj Tea Limited v.Dayalji Vanravan Kotecha
The Gujarat High Court addressed an appeal challenging the rejection of an interim injunction in a trademark infringement suit concerning tea brands. The plaintiff, Jivraj Tea Limited, argued that its registered mark 'JIVRAJ-9' was being infringed upon by the defendant's use of 'DOUBLE HAATHI PREMIUM TEA NO.9'. However, given the introduction of additional pleadings and documents during the appeal process, the High Court found it necessary to remand the matter back to the trial court for a fresh hearing on the interim injunction application.
Manoj Kumar Goyal, Sole Propreitor Of M/S Manoj Sweets v.The Controller-General of Patents, Designs and Trademarks Also Registrar of Trademark Registry & Anr.
This Delhi High Court order addresses a dispute where the petitioner, Manoj Sweets, claims prior use and registration of the mark 'MANOJ SWEETS' in classes 30 and 43. The core issue is the subsequent registration of an identical mark, 'MANOJ BAKERS,' by another party (Respondent No. 2), which the petitioner alleges was done without proper citation of his existing rights. The court has initiated proceedings to examine this conflict, directing notice to all parties and setting timelines for filing detailed submissions.
Artsana India Private Limited v.Vishanji Viijpar Savla
The plaintiff, Artsana India Private Limited, a subsidiary of Artsana SPA (Italy), claimed ownership of the well-known trademark "CHICCO" used for child care goods. The plaintiff alleged that the defendant was fraudulently adopting and misusing this trademark to run his own business, causing dilution and loss. The court granted permanent injunction in favor of the plaintiff and awarded costs.
M/S Tej Ram Dharam Paul & Anr. v.M/S Om Shiva Products Inc & Ors.
The Delhi High Court granted an interim injunction in favor of the Plaintiffs against the Defendants regarding trademark and copyright infringement. The court found that the Defendants' marks, 'ICE FEEL' and 'LIPLOCK', were deceptively similar to the Plaintiffs' registered trade dress and word marks, 'COOL LIP'. Despite jurisdictional challenges raised by the Defendants, the Court held that the Plaintiffs had established a strong prima facie case based on prior use and substantial similarity. The injunction restricts the Defendants from manufacturing or selling products under these impugned marks.
Ds Intellectual Properties Llp & Anr v.Ashutosh Kumar Singh & Ors.
The Delhi High Court granted an ex parte interim injunction in favor of Ds Intellectual Properties Llp against Ashutosh Kumar Singh and others. The plaintiffs, owners of the 'Rajnigandha' trademark and associated copyrights, alleged that defendants were using a deceptive website ('www.rajnigandhadealership.online') to lure the public into fake distributorships under their brand name. Consequently, the court restrained the defendants from using the trademarks or the domain name and directed the domain registrar and bank to take immediate action.
Ramesh Chander v.Pritam Das
This Delhi High Court order addresses a trademark opposition filed by Ramesh Chander against Pritam Das. The petitioner claims prior use and ownership of the mark 'ANIL' for confectionary goods, arguing that the respondent's later registration is barred under Section 12(1) and obtained through fraud. The court issued directions to serve notice on the respondent and set timelines for filing replies and rejoinders, moving the matter forward in the opposition proceedings.
Somani Industries v.Registrar Of Trade Mark, Government Of India; Somani Ceramics Limited
Somani Industries approached the Rajasthan High Court seeking intervention regarding a long-pending trademark application ('SOMANI'). The petitioner sought direction for the Registrar of Trade Marks to expedite the decision process, especially considering an existing opposition from Somani Ceramics Limited. The court disposed of the writ petition by directing the Registrar to decide both the pending application and the associated opposition at the earliest, preferably within two months.
Modern Snacks Pvt Ltd v.The Registrar Of Trade Mark
The Delhi High Court remanded an appeal filed by Modern Snacks Pvt Ltd regarding the rejection of its trademark application 'Modern Namkeen Karare Lal'. The core issue was whether the appellant could proceed with the appeal despite a previous rejection order from 2018. Recognizing the merits of the case, the court ordered the matter to be sent back to the Registrar for fresh consideration of the original review application. However, this remand is conditional: Modern Snacks must first prove that the prior rejection order was never properly communicated to them.
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