FMCG — India Trademark Cases
913 decisions indexed
Page 15 of 31 · 913 total
Nif Private Limited v.Registrar Of Trade Marks
In this appeal concerning trademark registration, the Registrar of Trade Marks argued that Nif Private Limited was seeking repeated registrations for the same device mark. The court noted conflicting claims regarding prior and subsequent applications related to the brand 'Namaste India Creamy Delicious Dahi'. To properly adjudicate whether multiple registrations were being sought for the identical mark, the High Court directed the appellant to place both relevant trademark application documents on record.
Loreal v.The Registrar Of Trade Marks
The Delhi High Court allowed Loreal's appeal against the refusal of its trademark application 'PILLOW PROOF BLOWDRY' for hair care products. The court found that the mark was suggestive rather than descriptive, noting that while individual words are common, their combination does not immediately describe the product. Consequently, the court set aside the previous orders and directed the Trademark Registry to proceed with registration, provided a disclaimer is placed on the rights of the individual component words.
ITC Limited v.Khayrul Bashar And Anr.
The Calcutta High Court allowed ITC Limited's application for rectification against the trademark 'NEEMYLE'. The court found that the registration was obtained wrongfully because the Registrar failed to conduct a proper and adequate search of earlier, similar marks. Given the prior extensive use and established goodwill of ITC's mark 'NIMYLE', the continuance of the impugned mark was deemed contrary to public interest, leading to its cancellation.
Ajinomoto Co Inc v.Dattatrey Studios & Anr.
Ajinomoto Co Inc successfully secured an interim injunction against Dattatrey Studios in the Delhi High Court. The plaintiff, owner of the registered trademark 'AJI-NO-MOTO,' argued that the upcoming movie title infringed its rights and was disparaging, linking the brand to negative health claims. The court granted the relief, preventing the release of any film bearing the disputed name until further hearing.
Siddhant Icecreams Llp v.Ameet Pahilani
In a significant interim order, the Delhi High Court facilitated an agreement between Siddhant Icecreams LLP (Plaintiffs) and Ameet Pahilani (Defendant No. 2). The court mandated that Defendant No. 2 cease using the terms 'Natural' and 'Naturals' in relation to ice creams across various media, including packaging and online platforms, to protect the Plaintiffs' trademark rights. However, the order provided specific carve-outs allowing the use of the mark 'NIC' under certain conditions within India and outside India, while also permitting the sale of existing stock until a specified date.
Burger King Corporation v.Swapnil Patil & Ors.
In a significant move protecting its brand integrity, Burger King Corporation successfully secured an ad interim injunction from the Delhi High Court. The court recognized that defendants were attempting to circumvent previous orders by opening new bank accounts and registering highly similar domain names (www.burgerkingfranchise.co.in). Consequently, the court ordered the immediate suspension of these domains, freezing the associated bank accounts, and mandating the takedown of all infringing online listings.
Kurlon Enterprises Ltd. v.M/S Goel Foam Co.
The plaintiff, Kurlon Enterprises Ltd., filed a suit alleging that the defendant, M/S Goel Foam Co., was misguiding customers by displaying the plaintiff's glow sign board and selling products under its name without authorization. The court found that the plaintiff successfully proved through documentary evidence that the defendant was infringing upon their trade mark and business reputation.
Ds Confectionery Products Limited v.Nirmala Gupta And Anr
The Delhi High Court granted a permanent injunction in favor of Ds Confectionery Products Limited against the defendants for trademark infringement and passing off related to confectionery products. The plaintiff successfully demonstrated that its marks (PULSE/) were being deceptively used by the defendants' goods (PELSE/ and PLUS++/). Furthermore, given the defendants' failure to appear despite service, the court awarded the plaintiff damages of Rs. 2,00,000/-.
Parle Products Private Limited v.Britannia Industries Ltd.
Parle Products filed a suit against Britannia Industries alleging disparagement and unfair competition through advertisements for 'Britannia Milk Bikis.' The court found that the use of terms like 'G-NAHI' and similar packaging strongly suggested a comparison with Parle-G. Recognizing both parties' willingness to resolve the dispute, the Delhi High Court referred them to mediation while issuing an interim injunction preventing Britannia from re-publishing the print advertisements.
ITC Limited v.Central Park Private Limited & Anr.
ITC Limited successfully argued that its restaurant brand, 'BUKHARA,' qualifies as a well-known mark in India. The Delhi High Court recognized the extensive reputation, global acclaim, and long history of the brand, despite similar marks being used by defendants. This judgment reinforces the strong protection afforded to established brands under Indian IP law, particularly concerning transborder reputation.
M/s.Kaleeswari Refinery Private Limited v.M/s.Sri Dhanalakshmi Traders
M/s.Kaleeswari Refinery Private Limited filed a suit against M/s.Sri Dhanalakshmi Traders alleging infringement of its registered trademark 'Gold Winner' and copyright in the associated artistic work and trade dress used on edible oil packaging. The plaintiff sought permanent injunctions to restrain the defendant from using the deceptively similar mark 'Niju Gold' and passing off inferior products. Both parties subsequently reached a settlement, leading the Madras High Court to dispose of the captioned suit based on the terms of the Joint Compromise Memo.
Visage Beauty And Healthcare Pvt. Ltd. v.Registrar Of Trademarks
The Delhi High Court allowed Visage Beauty And Healthcare Pvt. Ltd.'s appeal against the Registrar of Trademarks' rejection of their mark 'GLOW-GETTER'. The court held that while the component word 'GLOW' might be descriptive in cosmetics, the combination forms a composite mark that does not inherently describe the product's quality or kind. Consequently, the application was directed to proceed for registration, provided the appellant accepts a disclaimer ensuring no exclusive rights vest solely in the word 'GLOW'.
Pm Franchise Brands, Llc v.Registrar Of Trade Marks
The Delhi High Court addressed an appeal challenging the rejection of a trademark application, PRETZELMAKER. While the court found that the word mark was problematic under Sections 9 and 11 of the Trade Marks Act due to descriptiveness and similarity, it recognized the distinctiveness of the accompanying logo. Consequently, the court allowed the Appellant to proceed with registration by deleting the descriptive word 'PRETZELMAKER' from the application.
Premier Nutritions Privat Limited v.Amit Product A Proprietary Connern
The Delhi High Court granted an interim injunction in favor of Premier Nutritions Privat Limited against Amit Product A Proprietary Connern, finding that the defendant's use of 'DOODH MANTHAN' was deceptively similar to the plaintiff's registered trademark 'MANTHAN/PREMIER MANTHAN'. Furthermore, the court allowed the appointment of a Local Commissioner to conduct an inventory and seize infringing products, reinforcing the immediate protection available to IP holders facing market imitation.
Dfm Foods Ltd. v.Ms Nenimemi Foods Pvt. Ltd. & Anr.
In this trademark dispute, the Delhi High Court granted a one-week extension to Defendant No. 1 to file its required affidavit. Crucially, the court also issued an assurance that the defendant would refrain from selling the disputed product under the 'CORN CURLS' trademark until the next hearing date. This interim order maintains the status quo while allowing procedural compliance in the ongoing infringement litigation.
Dfm Foods Limited v.Ms Nenimemi Foods Private Limited & Anr.
In this intellectual property dispute concerning the 'CORN CURLS' brand, the Delhi High Court issued an interim order allowing Defendant No. 1 to continue selling its existing stock while agreeing to a complete rebranding. The defendant was directed to file an affidavit committing to changing both the product packaging and the trademark from 'CORN CURLS' to 'CORN CURVES'. This decision balances the need for brand protection with practical commercial realities.
Bikanervala Foods Private Limited v.Saatvik Foods & Ors.
The Delhi High Court addressed a petition filed by Bikanervala Foods against Saatvik Foods, concerning the continued use of Bikanervala's concept and intellectual property after the termination of a franchise agreement. While the core dispute is subject to ongoing arbitration, the court issued interim directions. The respondents were specifically ordered to remove photographs installed during the franchise period and modify their menu format to differentiate it from Bikanervala's established standards.
Divay Hygiene Private Limited v.Kamal Garg & Anr.
The Delhi High Court ruled in favor of Divay Hygiene Private Limited against Kamal Garg & Anr. for trademark infringement concerning feminine hygiene products. The court found that the Defendants' use of the deceptively similar mark 'ANNY MAXI' constituted infringement and passing off of the Plaintiff's established brand, 'AMMY'. Based on evidence gathered by a Local Commissioner, including seized infringing goods, the Court decreed the suit, awarding nominal damages and significant legal costs to the Plaintiff.
Jack In The Box Inc. v.Marching Ants Hospitality Pvt Ltd.
In a dispute concerning the Jack In The Box trademark, the Delhi High Court issued an interim order restraining one of the respondents from assigning the disputed trademark rights to any third party. This protective measure was granted after the petitioner expressed concern that such an assignment could render the ongoing litigation infructuous. The court has scheduled the matter for further hearing in February 2023.
Sh. Amar Tulsiyan v.Harshil Jayeshbhai Shah
The plaintiff filed a suit seeking permanent injunction against the defendant for infringing his registered and adopted trademarks (NIINE, NINE, 9) used in food and personal hygiene products. The court found that the defendant's adoption and intended use of 'Nine Plus' was deceptively similar to the plaintiff's marks and constituted infringement.
Hindustan Unilever Ltd v.Vim Industries Ltd
Hindustan Unilever Ltd filed an interim application seeking continuation and reinforcement of an exparte ad-interim order. The court found that a case for passing off was made out, specifically concerning the use of marks VIM, SURF, and the Splat device in relation to cleaning products.
Unilever Plc v.Ashok Kumar
The court heard an interim application filed by Unilever Plc against Ashok Kumar. The plaintiffs sought permission to amend their pleadings to identify and join another party involved in manufacturing, stocking, distributing, and selling counterfeit cosmetic preparations. The court allowed the amendment and continued the existing exparte ad-interim order.
Nirma Limited v.Purnima Gupta And Anr
The Delhi High Court allowed Nirma Limited's rectification petition, successfully removing the deceptively similar trademark 'NIMA' registered in favor of Purnima Gupta. The court held that because Nirma's primary mark ('NIRMA') is a well-known trade mark and the marks are confusingly similar, allowing the registration would cause consumer deception and dilute Nirma's established goodwill. This judgment reinforces the protective scope afforded to well-known trademarks against subsequent registrations.
M/S Shubham Goldiee Masale Pvt. Ltd v.Pan Parag India Limited & Anr.
The Delhi High Court allowed the cancellation petition filed by M/S Shubham Goldiee Masale Pvt. Ltd against Pan Parag India Limited & Anr. The court granted the relief based on an undertaking from Respondent No. 1, which stated they had no intention to use the impugned registered trademark 'GOLDIE' in their trade business of PAN MASALA. Consequently, the Registrar was directed to cancel and expunge the registration within six weeks.
Dharampal Satyapal Limited v.Mr. Raj Kumar Agarwal & Anr.
This Delhi High Court judgment confirms a settlement reached between Dharampal Satyapal Limited (Plaintiff) and Mr. Raj Kumar Agarwal & Anr. (Defendants). The parties amicably resolved the dispute over trademark infringement concerning flavored pan-masala products. Key terms include the Defendants acknowledging the Plaintiff's sole proprietary rights in 'TANSEN' and 'TANSEN BLUES,' agreeing to immediately cease using the infringing mark 'TENSION FREE,' and undertaking to destroy all related materials and withdraw associated IP registrations.
Calvin Klein Trademark Trust v.M/S Blue Ivory & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Calvin Klein Trademark Trust against M/S Blue Ivory & Ors., finding a prima facie case of trademark infringement. Furthermore, the court appointed Local Commissioners with extensive powers to inspect premises, seize counterfeit goods bearing the CK Marks, and demand disclosure of financial records from the defendants. This order provides immediate protection while allowing for thorough investigation into the alleged counterfeiting operations.
Aeronutrlx Sports Products Pvt Ltd v.Plumax Ebusiness Solutions Private Limited
The Delhi High Court formally recorded a settlement between Aeronutrlx Sports Products Pvt Ltd and Plumax Ebusiness Solutions Private Limited regarding trademark disputes over the FAST&UP brand family. The parties agreed that Plumax acknowledged the validity and rights of Aeronutrlx in sub-brands like CHARGE, FORTIFY, RELOAD, and VITALIZE, including associated trade dress. In exchange for a payment of Rs. 5,00,000/-, Plumax committed to withdrawing opposition filings and ceasing all use of similar marks or designs.
Shubham Goldiee Masale Pvt Ltd. v.Kothari Products Ltd. & Anr.
The Delhi High Court allowed a cancellation petition concerning the trademark 'GOLDIE'. The court accepted an affidavit of undertaking from Respondent No. 1, which stated that they had never used the impugned mark in trade and that the claimed user date was incorrect. Consequently, the court directed the Registrar of Trademarks to cancel/expunge Registration No. 490303 within six weeks.
Dabur India Limited v.Marico Ltd.
The Delhi High Court addressed disputes regarding trade dress infringement concerning SAFFOLA products between Dabur and Marico. The court noted that while the defendant had previously represented changes to its packaging (including embossing), it failed to inform the court when certain product lines, like glass bottles or 100gm PET bottles, could not comply with those representations. Consequently, the court revived the plaintiff's interim injunction application for these specific products and imposed a significant cost on the defendant for non-disclosure.
Sardarjibakhsh Pvt. Ltd. v.Ekta Foods
The Delhi High Court allowed Sardarjibakhsh Pvt. Ltd. to amend its plaint, enabling them to include claims of trademark infringement alongside existing passing off claims. This amendment was necessitated by a new device mark registration granted during the pendency of the suit. The court permitted both parties to file amended pleadings, ensuring the litigation could proceed with the updated scope of IP rights.
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