FMCG — India Trademark Cases
541 decisions indexed
Page 15 of 19 · 541 total
Pepsico Inc & Ors. v.Dugar Spices & Eatables (P) Ltd. & Ors.
The Delhi High Court ruled in favor of Pepsico Inc, granting a permanent injunction against Dugar Spices & Eatables for the illegal use and sale of counterfeit and look-alike snack products. The court found that the defendants were violating Pepsico's rights through deceptive similarity in trademarks (KURMURE, CRACKURE), logos, packaging design, and overall trade dress associated with the 'KURKURE' brand. Furthermore, the judgment included directions to customs departments to prevent the import of these infringing goods.
Hindustan Unilever Limited v.Guddu
Hindustan Unilever Limited successfully sought interim protection against Guddu, alleging that the respondent was manufacturing and selling soaps under the brand 'New Liberty' with trade designs, graphics, and color schemes deceptively similar to Lifebuoy. The court recognized the distinctive 'trade dress' of Lifebuoy in the competitive FMCG sector. Given the high potential for consumer confusion among unwary buyers, the Calcutta High Court appointed a Special Officer to inventory the infringing goods and granted an interim injunction to preserve the petitioner's market reputation.
AVMH Corporation v.Subu Trade Pvt. Ltd.
This Madras High Court judgment addressed a civil revision petition challenging an order that rejected a plea to dismiss a trademark suit. The respondent sought injunctions regarding their 'SACHA MOTI' trademark for food products, while the petitioners argued the suit should be dismissed due to parallel proceedings in the Delhi High Court and before the Intellectual Property Appellate Board (IPAB). The High Court upheld the trial judge's decision, finding no illegality in allowing the suit to proceed.
Dharam Chand Ladha Mal v.Subhash Sabun Udyog & Ors
The Delhi High Court ruled in favor of the plaintiff, Dharam Chand Ladha Mal, finding clear similarity between the trade dress of the defendants' products (NIROKHA) and the plaintiff's registered trademark (NAULAKHA). The court granted permanent injunctions to prevent further infringement and passing off. Furthermore, it directed each defendant to pay a compensation amount of Rs. 50,000/- to the plaintiff.
McDonalds India Pvt. Ltd. v.Commissioner Of Trade and Taxes, New Delhi
This batch of cases addressed the tax implications of franchise agreements under various state sales tax laws. The core dispute centered on whether the royalties received by franchisors for allowing franchisees to use their brand system constituted a 'transfer of the right to use goods' (trademark). The Delhi High Court ultimately held that the franchise agreements only grant a limited right to use, and do not constitute an outright transfer of IP rights. Consequently, the tax demands levied on these transactions were quashed.
Cholayil Private Limited v.Aditya Birla Management Corporation Pvt Ltd.
Cholayil Private Limited filed a suit against Aditya Birla Management Corporation and others, alleging infringement of its trademarks ('Medimix', Mortar and Pestle) and copyright in its product labeling. The plaintiff sought perpetual injunctions, damages, and an accounting of profits due to the defendants' alleged unauthorized use of similar marks and artistic works on soaps and cosmetic products. Ultimately, both parties reached a Joint Memo of Compromise, leading to the suit being disposed of amicably.
A. Ebrahim v.M/S. Ojin Foods Pvt. Ltd.
This Kerala High Court judgment addressed a challenge to the territorial jurisdiction in an infringement suit. The defendant argued that relief of passing off should only lie where they ordinarily reside, but the trial court found it was ancillary to the main trademark infringement claim. The High Court upheld the lower court's finding, noting that since both trademark infringement and passing off were sought, the jurisdictional issue could not be definitively settled at this stage. Consequently, the original petition challenging the jurisdiction order was dismissed.
Mehra Cosmetics v.Ram Kumar Gulati & Ors.
The Delhi High Court granted an interim injunction favoring Mehra Cosmetics against Ram Kumar Gulati & Ors. The court found that the defendants were attempting to pass off their goods as those of the plaintiff by using a deceptively similar mark ('BLUE CHEF' vs 'BLUE CLIFF'). Despite arguments regarding the unregistered status of the plaintiff's trademark and procedural issues, the court ruled that the similarity in sound and appearance constituted passing off. The defendants were ordered to cease using the infringing mark and change labels on their existing stock.
Krbl Ltd. v.Pk Overseas Pvt Ltd
The Delhi High Court overturned a lower court's decision regarding an application for interim injunction in a passing off dispute concerning rice brands. The appeal focused on the deceptive similarity of color combinations, not just the marks themselves. The High Court found that the trial court failed to adequately address the crucial elements of reputation and consumer confusion before dismissing the injunction request. Consequently, the case was remanded back to the trial court for a fresh hearing after both parties submit necessary documentation.
M/S P K Overseas Pvt.Ltd. v.M/S Bhagwati Lecto Vegetarians Exports
The Delhi High Court allowed the appeal, overturning a single judge's decision that had vacated an interim injunction. The court ruled in favor of M/S P K Overseas Pvt.Ltd., confirming the initial injunction against M/S Bhagwati Lecto Vegetarians Exports. The judgment emphasized that for passing off claims involving composite marks like 'India Salaam', both components must be considered, and established sales figures justified a prima facie case of reputation.
ITC Ltd v.Britannia Industries Ltd
ITC Ltd successfully obtained an interim injunction against Britannia Industries Ltd in the Delhi High Court. The court found that Britannia's Nutri Choice Digestive Zero biscuit packaging was deceptively and confusingly similar to ITC's Sunfeast Farmlite Digestive - All Good packaging, leading to a prima facie case of passing off. While granting the injunction, the court provided flexibility, allowing Britannia to adopt its international packaging or change the blue color scheme to another distinctive color, ensuring business continuity while protecting ITC's trade dress.
M/S Dharti Soap Factory v.M/S Navchetan Detergent Product
The Gujarat High Court addressed an application for review filed by M/S Dharti Soap Factory against a previous order concerning Section 142 of the Trademark Act. The court found that since the subject matter was already being litigated in related civil and trademark suits, any observations made under Section 142 were merely interpretations of law, not errors of fact. Consequently, the application for review was rejected as devoid of merits.
Societe Des Produits Nestle S.A. v.Essar Industries
In this trademark infringement suit concerning the 'MAGGI' brand, the Delhi High Court addressed applications regarding evidence submission. While rejecting a major application by the defendants to introduce extensive new documentation due to concerns over trial delay and adherence to Commercial Courts Act principles, the court did allow the defendants to summon witnesses for documents that had previously been shared with the plaintiffs. This ruling emphasizes judicial caution against late-stage document filing in commercial disputes.
Dart Industries Inc & Anr. v.Techno Plast & Ors.
Dart Industries Inc, through its licensee Tupperware India Pvt. Ltd., filed a suit alleging infringement of their proprietary designs and copyrights related to the popular 'Tupperware' storage containers. The plaintiffs claimed that defendants were copying these unique designs, leading to confusion in the market. However, the Delhi High Court dismissed the appeal, finding that the plaintiffs failed to adequately plead and prove the distinctiveness of the product shape for trademark purposes, thereby lacking prima facie strength in their claims regarding design protection, copyright infringement, and passing off.
A.P. Organics (P) Ltd., Ludhiana v.Assessee
The assessee claimed Rs. 2,50,000/- as revenue expenditure for using the brand name "RICELA" from Ricela Health Foods Ltd., but the Assessing Officer and CIT(A) disallowed it, treating it as capital expenditure. The Tribunal ultimately ruled in favor of the assessee, holding that the payment was merely a license fee and thus a revenue expense.
Department Of Income Tax v.Smithkline Beecham Consumer Health ...
The appeal was filed by the Department of Income Tax against an order regarding assessment year 1997-98. The core dispute involved whether the Rs. 4.5 crore compensation received by Smithkline Beecham Consumer Health upon termination of the 'ENO' and 'Fruit Salt' trademark license agreement constituted a taxable income or capital receipt.
Qarshi Industries Pvt. Ltd. v.Abdul Mueed & Ors.
The Delhi High Court addressed an appeal filed by Qarshi Industries challenging the denial of an ex-parte ad-interim injunction against Hamdard in a passing off suit. The court found that given the complexity of the arguments—including issues regarding the descriptive nature of the Urdu words 'JAM-E-SHIRIN' and potential suppression of facts related to Pakistani trademark disclaimers—the prima facie case was not strong enough for an immediate injunction. Consequently, the appeal was dismissed, requiring both parties to complete their pleadings before further relief could be considered.
Devagiri Farms Pvt. Ltd. v.Mr Sanjay Kapur & Anr.
The Delhi High Court ruled in favor of the tea seller, Mr. Sanjay Kapur & Anr., finding that Devagiri Farms Pvt. Ltd. had infringed upon their trade dress. The court held that despite minor variations, the overall get-up and striking similarity between the packaging—specifically the fabric sleeve used over a rectangular cuboid packet—was likely to deceive an ordinary purchaser. This judgment reinforces that the overall visual impression of a product's packaging is a critical factor in assessing trade dress infringement, even when trademarks are displayed.
Mac Personal Care Pvt. Ltd. v.Lavera Gmbh And Co.Kg
The Delhi High Court upheld an interim injunction in favor of Lavera Gmbh, affirming that Mac Personal Care Pvt. Ltd. was a dishonest adopter of the trademark 'LAVERA'. Despite initial contradictions regarding trans-border reputation, the court found that Lavera's international registration and intent to market in India entitled it to protection. The judgment emphasizes that dishonesty at the inception of mark adoption is fatal, even if subsequent use by the alleged infringer continues.
Wipro Enterprises Limited v.Heinz India Pvt., Ltd.
Wipro Enterprises Limited filed appeals against an order concerning the alleged infringement of its trademark rights. The dispute centered around Heinz India Pvt. Ltd.'s use of labels incorporating 'GLUCON-D VOLT' for their tangy orange flavoured glucose-based energy bites. The parties ultimately reached a compromise, leading to the disposal of the Original Side Appeals.
Societe Des Products Nestle, S.A. v.Essar Industries
This Delhi High Court judgment addresses an application filed by Nestle (Plaintiffs) seeking to amend their plaint to enhance the suit's pecuniary valuation. The plaintiffs, who had initially valued their passing off suit at a lower amount, sought to reflect the actual high market value of their intellectual property rights. The court allowed the amendment, emphasizing that courts should adopt a commercial angle when considering such applications, provided a valid case for correction is made out.
Societe Des Products Nestle, S.A. v.Essar Industries
This Delhi High Court judgment addresses an application filed by Nestle (the plaintiff) seeking to amend its plaint to enhance the valuation of a commercial dispute. The suit, originally concerning passing off, was valued low, but due to re-assessment of potential damages and profits, the plaintiffs sought to increase the value significantly. The court ultimately allowed the amendment, emphasizing that courts should adopt a commercial angle when considering such applications, provided a valid case for amendment is made out.
Laxmi Snacks Pvt Ltd v.Akshar Food Products
Laxmi Snacks Pvt Ltd challenged Akshar Food Products for allegedly copying its distinctive packaging design, getup, and style used for ready-to-eat Namkeen products like Ratlami Sev. The appellant claimed their unique visual identity, including color scheme and mascot, was infringed upon by the respondent's similar product presentation. While the court acknowledged the claims of infringement based on trade dress, it ultimately dismissed the appeals, directing the respondent to provide sales records for further scrutiny.
Shoppers Stop Ltd v.Shoppers Shop
In a landmark decision, the Delhi High Court decreed a trademark infringement suit between Shoppers Stop Ltd and Shoppers Shop following a successful mediation process. The parties reached a comprehensive settlement where the defendant acknowledged Shoppers Stop's exclusive ownership of the 'SHOPPERS STOP' trademark and 'SS LOGO'. As part of the agreement, the defendant agreed to cease using the marks and pay a sum of Rs. 6.00 lacs to the plaintiff.
Priya Food Products Ltd. v.Satya Sai Agroils Pvt Ltd.
The Calcutta High Court addressed a passing off dispute concerning the use of the mark 'Priya' for Soya Chunks. While acknowledging the respondent's prior general use of the mark, the court found that the petitioner had established significant and localized presence in the Eastern part of the country. Consequently, the court granted an interim protective order restraining the defendant from using the word Priya specifically in relation to Soya Chunks within that region.
Societe Des Produits Nestle S.A. v.Italian Edibles Pvt. Ltd.
Nestle filed a suit against Italian Edibles alleging passing off and misuse of its well-known trademark, "MAGGI HUNGROOO." The defendant challenged the court's territorial jurisdiction, arguing that their business was conducted outside Delhi. However, the High Court ruled in favor of Nestle, holding that since the plaintiff had an office in Delhi, the goods were advertised on a website accessible in Delhi, and there was an imminent threat of market entry in Delhi, the court possessed the necessary jurisdiction to proceed with the suit.
Reckitt Benckiser Health Care (India) Pvt. v.Emami Ltd & Ors.
The appeal challenged a temporary injunction granted by the Trial Court, which restrained the defendant from displaying an advertisement for 'MOOV' that compared it to the plaintiff's product, ZANDU BALM. The High Court examined whether such comparative advertising amounted to disparagement of the plaintiff's trademark and copyright.
Wipro Enterprises Limited v.Heinz India Pvt. Ltd.
Wipro Enterprises Limited sought an interim injunction against Heinz India Pvt. Ltd., alleging trademark and tag line infringement regarding their glucose-based energy products. Wipro claimed that the defendant's use of 'VOLT' and similar tag lines was a deliberate attempt to trade on its goodwill associated with 'BOLTS.' However, the Madras High Court dismissed all applications for interim injunction, finding that Wipro had not established a prima facie case at this stage. The court held that the issue of protecting descriptive taglines like 'ANYTIME ANYWHERE' requires extensive evidence and must be decided during the full trial.
Mw Eat Ltd v.New Masala Zone & Anr
The Delhi High Court decreed a suit filed by Mw Eat Ltd against New Masala Zone & Anr, resolving a dispute over trademark infringement. Although the parties had reached an out-of-court settlement where the defendants agreed to cease using their name, the court formally granted the decree. The judgment specifically restrained the defendants from using 'New Masala Zone' or any deceptively similar mark in relation to restaurants and hospitality services, thereby protecting the plaintiff's trademark 'MASALA ZONE'.
M/S Today Tea Ltd v.M/S Aggarwal Tea Co.& Anr
The Delhi High Court decreed the trademark infringement suit between M/S Today Tea Ltd and M/S Aggarwal Tea Co. based on a comprehensive settlement agreement reached by both parties. The defendants agreed to pay a balance sum, cease using the disputed trademarks ('T-STAR' vs 'TODAY/TODAY STAR'), and further committed to destroying all infringing tea and coffee packaging material at a designated premises under court supervision. This judgment underscores the effectiveness of mediation in resolving complex IP disputes.
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