FMCG — India Trademark Cases
913 decisions indexed
Page 16 of 31 · 913 total
Starbucks Corporation v.Star Bucks Café & Anr.
Starbucks Corporation successfully sought an ex-parte ad-interim injunction against Star Bucks Café & Anr. in the Delhi High Court, asserting that its globally recognized trademarks and logos are being infringed upon. The court granted the interim relief, allowing Starbucks to proceed with a local commission to seize infringing materials such as packaging, uniforms, and menus from the defendants' premises. This order sets the stage for aggressive enforcement action against unauthorized use of the brand.
Braj Mohan Rathore (BMR Group) v.Mahesh Edible Oil Industries Ltd. & Ors. (SDM Group)
The Delhi High Court issued directions in the ongoing commercial dispute between Braj Mohan Rathore (BMR Group) and Mahesh Edible Oil Industries Ltd. (SDM Group). The court focused on facilitating an amicable resolution, particularly concerning the valuation of the flagship brand 'SALONI' and the use of the name 'MAHESH'. Both parties were directed to exchange financial data and present proposals regarding brand distinction before the next hearing.
Gemini Edibles And Fats India Limited v.Lv Bhavani Sankar
The Delhi High Court granted an ex-parte ad interim injunction in favor of Gemini Edibles And Fats India Limited against Lv Bhavani Sankar. The dispute centered on the alleged infringement of the Plaintiff's registered trademark 'FREEDOM' by the Defendant's use of 'FREEDAY' for refined sunflower oil. Crucially, the Court noted that the Defendant's mark had previously been cancelled by the IPAB due to deceptive similarity. Given the near-identical packaging and the concern over food safety standards, the court found a prima facie case existed, restraining the defendant from using the infringing mark until further proceedings.
Parle Agro Private Limited / Surya Fresh Foods Limited v.Surya Fresh Foods Private Limited / Parle Agro Pvt. Ltd.
The Delhi High Court addressed ongoing disputes between Parle Agro and Surya Fresh Foods concerning the trade dress of their competing apple-based beverages, 'APPY FIZZ' and 'FRESH FIZZY'. Recognizing a willingness among the parties to find an amicable solution through modifications to the trade dress, the court directed both companies to participate in mediation. This move signals a judicial preference for alternative dispute resolution while keeping the core infringement suits active.
Asian Paints Limited v.B. N. Ravi Prakash
The court heard arguments regarding the service of process in an ongoing IPR suit. After confirming that the defendant had been duly served, the Leave Petition was made absolute. The court granted the defendant one more opportunity to appear before considering the main prayer for passing off.
Hindustan Unilever Limited v.Ashok Kumar
Hindustan Unilever Limited filed an interim application seeking permission to amend its suit plaint and interim application. The plaintiff sought to implead Mr. Kuldeep Singh, who was identified as the owner manufacturing counterfeit detergent preparations based on a Court Receiver's report. The court permitted the amendments and continued the existing ad-interim injunction.
Asian Paints Ltd. v.Pacific Paints & Anr.
The court heard an interim application filed by Asian Paints Ltd. against Pacific Paints & Anr. The court noted that the initial exparte ad-interim order was in place, and subsequent amendments were permitted based on a Court Receiver's report regarding additional infringing goods. The court decided to continue the existing ad-interim relief for a further period.
Sh Nirmal Kumar @ Nirmal Kumar Gupta & Ors. v.State(Govt. Of Nct Of Delhi) And Anr.
The Delhi High Court issued a significant order rectifying entries in the Trade Marks Register concerning two trademarks (No. 1116678 and No. 2091984). Following mediation settlement, the court restored M/s Rattan Milk Specialities Private Limited as the original proprietor of TM No. 1116678, cancelling previous entries in favor of Nirmal Kumar. The court also rectified the entry related to TM No. 2094984. While the petitioners sought quashing of an FIR, the primary focus was on correcting the trademark ownership records based on the settlement terms.
Health And Glow Private Limited v.Vineet Chugh
The Delhi High Court granted an interim injunction favoring Health And Glow Private Limited against Vineet Chugh. The dispute centered on the use of the trademark 'H&G' for cosmetic and personal care products. Given that Health And Glow demonstrated a strong prima facie case—backed by extensive market presence, high turnover, and registered rights—the court restrained the defendant from using the identical mark until further hearing, preventing irreparable injury to the plaintiff’s business.
Mother Diary Fruit & Vegetable Private Limited v.Nalgonda Rangareddy District Milk Producers Mutually Aided Cooperative Union Limited
This Delhi High Court order addresses ongoing trademark infringement litigation between Mother Diary Fruit & Vegetable Private Limited and Nalgonda Rangareddy District Milk Producers. The court noted arguments regarding the alleged violation of a Settlement Agreement, with both parties presenting their positions—the respondent denying any misuse of the 'Mother Dairy' trademark, while the petitioner asserted contempt of court. The court directed further action, including filing rejoinders and listing the case for subsequent proceedings.
Mensa Brand Technologies Pvt. Ltd. v.Kartik Fashion & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Mensa Brand Technologies against Kartik Fashion & Ors., finding a prima facie case of trademark infringement and passing off. The court recognized that the defendants were deceptively using the 'DENNIS LINGO' mark, along with similar trade dress features, to ride on the plaintiff's reputation in the e-commerce market. Furthermore, the Court appointed a Local Commissioner to inspect the defendants' premises, seize counterfeit goods, and document their infringing activities.
General Mills Inc. v.Kaira District Cooperative Milk Producers Union Ltd Federation
In this ongoing trademark dispute, General Mills Inc. sought to incorporate the registration of its mark 'TRIX' into the existing pleadings. The Delhi High Court accepted the amendment and subsequently framed a new, specific issue before the court. This new issue directly addresses whether the defendant's use of the 'TRIX' mark constitutes infringement of the plaintiff's registered trademark.
Sandeep Kumar v.Pla Foods Private Limited & Anr.
The Delhi High Court addressed an appeal filed by Sandeep Kumar challenging an ex parte ad interim injunction issued by a lower Commercial Court, which restrained him from using the trademark 'CHEFFY'. The court noted that while the appellant raised issues regarding territorial jurisdiction and prior knowledge of usage, it deemed inappropriate to interfere with the existing interim order at that stage. The appeal was ultimately disposed of, allowing the original parties to advance their full contentions before the Commercial Court.
M/S. Simpson & Company Limited v.Shri Rhythm Agarwal
M/S. Simpson & Company Limited appealed a judgment that had dismissed its suit against Shri Rhythm Agarwal for trademark infringement and passing off related to 'Radisson' paints. The lower court held that the High Court lacked jurisdiction because the cause of action did not arise wholly within its territorial limits, despite the appellant having a branch office in Uttar Pradesh. The Division Bench overturned this decision, asserting that Section 134(2) allows filing where the principal place of business is situated, and holding that the court had sufficient jurisdiction to proceed with the suit.
M/S. Simpson & Company Limited v.Shri Rhythm Agarwal
M/S. Simpson & Company Limited appealed a judgment that had dismissed its suit against Shri Rhythm Agarwal for trademark infringement and passing off related to 'Radisson Paints'. The core dispute revolved around the territorial jurisdiction, with the respondent arguing the suit should have been filed in Uttar Pradesh where they operated. The High Court ultimately ruled in favor of the appellant, holding that despite the defendant's arguments, the court possessed the necessary jurisdiction under Section 134(2) of the Trade Marks Act to try the matter.
Colgate Palmolive Company & Anr. v.Nixi & Anr.
The Delhi High Court issued interim directions in favor of Colgate Palmolive, addressing ongoing trademark infringement and fraudulent activities using their brand name. The court directed the domain registrar, GoDaddy.com LLC, to immediately block and suspend the infringing domain www.colgatepalmolive.work. Furthermore, the court ordered the disclosure of registrant details for the domain and mandated the freezing of a bank account linked to the scam operation, demonstrating strong judicial action against brand impersonation and cyber fraud.
Neeraj Kumar Trading As M/S Ganga Traders v.M/S Chacha Food Company & Anr.
The Delhi High Court granted an interim injunction in favor of Neeraj Kumar Trading As M/S Ganga Traders against M/S Chacha Food Company, finding that the defendant's packaging was deceptively similar to the plaintiff's registered trade dress for non-alcoholic beverages. The court recognized a strong prima facie case and ordered the defendants to immediately cease all activities related to the infringing goods. Furthermore, the Court appointed a Local Commissioner to visit the defendant's premises to seize and seal all incriminating materials, including packaging and molds.
Patola Industries v.Mahesh Namkeen Pvt Ltd & Ors
The Delhi High Court directed the parties, Patola Industries and Mahesh Namkeen Pvt Ltd & Ors, into mediation regarding trademark disputes. The petitioner had submitted that they ceased using their trademark, while the respondent sought a permanent injunction against the use of similar marks for namkeens and snacks. Despite differing views on settlement, the court prioritized resolving the dispute amicably by mandating appearance at the Mediation Centre.
Shyam Sunder v.Pushpa Devi And Ors.
The Punjab-Haryana High Court addressed a complex dispute over the usage rights of the registered trademark 'Shehnai' for edible oils. The appeal, filed by Shyam Sunder (the defendant), challenged the lower court's decision which granted co-usage rights to the plaintiffs (Pushpa Devi and Ors.). After examining evidence regarding prior use, partnership history, and consumer perception, the High Court dismissed the appeal. It ultimately found that both parties had established usage rights, thereby upholding the principle of shared or concurrent trademark use in this specific context.
Mahesh Edible Oil Industries Limited v.Mahesh Edible Oils Products Private Limited
The Delhi High Court issued a significant order addressing trademark disputes among related entities in the edible oil industry. The court affirmed that the 'SALONI' trademark belongs exclusively to Mahesh Edible Oil Industries Ltd., preventing individual brothers from claiming it. However, the ruling allows the family members freedom to operate their own businesses, provided they do not use marks or trade dresses deceptively similar to 'SALONI'. This order sets a clear boundary for internal corporate IP rights while allowing independent commercial activity.
Unilever IP Holdings B.V. v.Ruchi Ice Cream
The Commercial IP Suit filed by Unilever IP Holdings B.V. against Ruchi Ice Cream regarding an impugned mark was ultimately settled between the parties. The court accepted the Consent Minutes of Order and disposed of the suit, decreeing it in terms of the original plaint's prayers.
Mohit Varshney Proprietor, M/S Raj Food Products v.Serveshwar Food Product Pvt. Ltd.
In a complex cross-suit involving competing snack food brands, the Delhi High Court addressed trademark disputes between M/s Raj Food Products ('DECY') and Serveshwar Food Product Pvt. Ltd. ('LACY'). While acknowledging that the Plaintiff (Serveshwar) had prior registration of 'LACY', the court sought to balance interests by directing the Defendant (Raj Food) not to expand its product line under 'DECY' until further decision on injunctions. Crucially, the Court mandated mediation to explore an amicable resolution for both trademark and packaging disputes.
Kamla Kant And Company Llp v.Sanjay Gupta & Anr.
The Delhi High Court disposed of the trademark infringement suit filed by Kamla Kant & Company LLP against Sanjay Gupta & Anr. The dispute centered on the unauthorized use of similar marks ('RAJ', 'KG') for tobacco and allied products, infringing upon the Plaintiff's established trademarks 'RAJSHREE' and 'KP'. Through a settlement agreement, the court granted an injunction restraining the Defendants from using confusingly similar marks while allowing them to use 'KANTHA RAJA' under strict conditions. The parties also agreed on financial compensation and the destruction of infringing materials.
M/S Dreams Lingerie Products v.Akash Chaudhary
The Delhi High Court granted an interim injunction in favor of M/S Dreams Lingerie Products against Akash Chaudhary, restraining him from manufacturing or selling products under the deceptively similar mark 'DREAM'. The court found that the plaintiff had established a strong prima facie case regarding trademark infringement. Furthermore, the court appointed a Local Commissioner to inspect the defendant's premises, inventory infringing goods, and examine manufacturing records.
Calvin Klein Trademark Trust v.M/S. K.K.Garments, Through Its Owner
The Delhi High Court granted an ad-interim injunction in favor of Calvin Klein Trademark Trust against M/S. K.K.Garments, finding a prima facie case of trademark infringement. Furthermore, the court appointed multiple Local Commissioners to inspect the defendants' premises, seize counterfeit goods bearing the CK trademarks, and demand disclosure of financial records, significantly bolstering the plaintiff's ability to enforce its rights.
Patanjali Aryurved Limited v.Raj Mandir Retails Private Limited And Ors
The Delhi High Court addressed a trademark infringement suit concerning the 'PATANJALI' brand, specifically 'PATANJALI COW'S GHEE'. While the Plaintiff sought strict enforcement against alleged counterfeiters, the court opted for an amicable resolution approach. The parties, including Defendant No.1 (Raj Mandir Retails Private Limited) and Defendant No.3, were referred to the Mediation Centre. Furthermore, the Court granted interim relief allowing Defendant No.1 to exhaust its existing genuine stock while seeking a structured path toward resolving the dispute.
Sunit Shah v.Mr. Sanjeev Rajpal
The Delhi High Court granted an interim injunction in favor of Sunit Shah against Mr. Sanjeev Rajpal regarding alleged trademark infringement. The court found that the similarity between the plaintiff's mark ('SHAH/SHAH NAMKEEN') and the defendant's mark ('SHAH JI NAMKEEN'), applied to identical goods (namkeen), created a likelihood of confusion. Consequently, the defendant was restrained from using the infringing mark until further hearing, and a Local Commissioner was appointed to seize and inventory the disputed goods.
Gujarat Cooperative Milk Marketing Federation Ltd v.Sujay Kumar & Ors.
The Delhi High Court addressed several procedural applications in the trademark infringement suit filed by Gujarat Cooperative Milk Marketing Federation Ltd (AMUL). The court condoned a delay in filing an amended plaint and allowed Defendant No.1 to participate fully in the proceedings, recalling an earlier ex-parte order. Crucially, the court reiterated previous directions requiring social media platforms like Meta and Google to take down content featuring AMUL's brand or mascot that targets the company in the context of animal cruelty within 36 hours of notification.
Starbucks Corporation v.Teaquila A Fashion Cafe & Anr.
The Delhi High Court ruled in favor of Starbucks Corporation, granting a permanent injunction against Teaquila A Fashion Cafe & Anr. for infringing the registered trademark 'FRAPPUCCINO' and engaging in passing off. Despite the defendants being proceeded ex parte, the court found them guilty of infringement based on the evidence presented by Starbucks. Furthermore, the court awarded damages to Starbucks, noting that while specific sales figures were lacking, notional damages could be granted given the established infringement.
Unilever Plc v.Mukesh
The applicants filed an interim application seeking the extension and granting of ad-interim injunctions against the defendants. The court granted temporary injunctions restraining the defendants from manufacturing or selling goods in the FMCG industry using counterfeit marks, pirated artwork, or trade dress deceptively similar to the plaintiffs' registered trademarks (VIM) and prior used trademarks (U-Logo, SURF/SURF EXCEL).
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