FMCG — India Trademark Cases
541 decisions indexed
Page 16 of 19 · 541 total
M/S Rspl Health Pvt. Ltd. v.Giani Ram Mittal & Ors.
The plaintiff filed a suit seeking permanent injunction against the defendants for alleged infringement of its trade mark XPERT and copyright, claiming prior adoption in respect of laundry products. The defendants countered by asserting their own established use of the 'SAGAR' trademark and arguing that the marks were dissimilar. The court ultimately dismissed the application for interim injunction, finding that the plaintiff failed to establish a prima facie case.
Societe Des Produits Nestle, .S.A. v.Sapan Kumar Bhatia & Ors
In this Delhi High Court case involving Nestle and Sapan Kumar Bhatia, the parties reached an amicable out-of-court settlement during the pendency of the litigation. The defendants acknowledged Nestle's ownership rights over the 'MAGGI' trademark, domain name (www.maggi.in), and copyright in the logo and label. Consequently, the court allowed a compromise application, decreeing the suit based on the agreed terms, which included a final payment of ₹2,00,000/- from the defendants to the plaintiffs.
M/S Dabur India Ltd. v.M/S Alka Ayurvedic Pvt. Ltd.
The Delhi High Court denied the interim injunction sought by Dabur India Ltd. against Alka Ayurvedic Pvt. Ltd. regarding the use of the mark 'PACHMOLA'. The court found that, based on prima facie examination of trade dress and product features, there was no immediate possibility of consumer deception or confusion between 'HAJMOLA' and 'PACHMOLA'. While not ruling on the merits of the full suit, the court directed the defendant to maintain and file quarterly sales accounts, allowing the litigation to proceed.
Rspl Health Private Limited v.M/S. Deep Industry
The Delhi High Court confirmed an ex-parte interim injunction in favor of Rspl Health Private Limited against M/S. Deep Industry. The plaintiff successfully demonstrated a strong prima facie case, asserting that the defendant's use of the 'POSH' label was deceptively similar to its registered trademark and artistic work, 'XPERT.' Despite the defendant raising objections regarding jurisdiction and delay, the court found both arguments untenable, upholding the initial order against infringement and passing off.
Mr Arnab Basu & Ors. v.Monginis Foods Pvt. Ltd.
The Calcutta High Court modified an existing ex parte interim order in the dispute between Mr Arnab Basu & Ors. and Monginis Foods Pvt. Ltd. The court acknowledged the long-standing use of the 'Monginis' brand by the plaintiffs since 1989, despite their manufacturing other products. To balance the interests of both parties, the court mandated that the plaintiffs must continue to dedicate at least 80% of their manufacturing capacity and display Monginis products in proportion within their outlets, ensuring no interference with the plaintiffs' business while protecting the defendant's brand rights.
Procter & Gamble Manufacturing (Tianjin) Co. Ltd. v.Anchor Health & Beauty Care Pvt. Ltd.
The Delhi High Court dismissed an appeal filed by Procter & Gamble against an interim injunction granted to Anchor Health & Beauty Care. The court upheld the protection of Anchor's trademark 'ALLROUND,' finding that the phrase 'ALL-AROUND PROTECTION' was not merely descriptive but indicated a peculiar quality and feature unique to Anchor's product. This ruling reinforces the principle that suggestive marks, even if related to general product characteristics, can be protected against imitation.
Neo Milk Products Private Limited v.Neo Foods Private Limited
The Delhi High Court upheld an interim injunction favoring Neo Foods Private Limited (the registered trademark owner) against Neo Milk Products Private Limited. The court found that the plaintiff had established a reputation for its registered mark 'NEO' under Class 29, and the defendant's use of the identical mark in relation to milk products was likely to dilute the distinctive character of the original mark. Crucially, the court dismissed the defense of prior use (Section 34) because the appellant failed to provide prima facie evidence of continuous usage predating the plaintiff's registration.
Suresh Chand Purwar (Karta) v.Vivek Purwar & Ors.
This appeal challenged a trial court's decision to return a plaint under Order 7 Rule 10 CPC, which held that the Delhi courts lacked territorial jurisdiction over trademark infringement claims concerning 'HARI' and 'HARISONS'. The appellant argued that the trial court made a finding of fact on disputed sales without allowing parties to lead evidence. The High Court ruled in favor of the appellant, emphasizing that jurisdictional questions must be decided after both parties have had the opportunity to present their case through evidence.
Reckitt Benckiser (India) Ltd. v.Hindustan Unilever Ltd.
The dispute involved multiple suits where both parties objected to each other's advertisements, alleging disparagement. The ads compared products like Dettol antiseptic liquid, Vim cleansing liquid, Lifebuoy soap, and Dettol cleaning liquid regarding their germ-killing or protective effects.
Hindustan Unilever Limited v.Reckitt Benckiser India Limited
This appeal involved a dispute over alleged disparagement of Reckitt's DETTOL soap by an advertisement featuring HUL's LIFEBUOY soap. Reckitt contended that the ad intentionally tarnished its brand reputation, particularly regarding the distinctive shape and packaging of its product. The Delhi High Court examined the malicious intent behind the advertising campaign and upheld the permanent injunction against disparagement.
M/S. Pachranga International Pvt. Ltd. v.Union Of India & Ors.
The Delhi High Court dismissed a writ petition filed by M/S. Pachranga International Pvt. Ltd., which sought to overturn an Intellectual Property Appellate Board (IPAB) order directing the removal of its 'Pachranga International' trademark. The court found that due process was not followed in the alleged expulsion of a former partner, leading it to conclude that the petitioner could only use a modified version of the mark, not the original unregistered trademark. Furthermore, the court rejected the petitioner's claim regarding the validity of an assignment deed involving their wife.
R.M. Dhariwal (Huf) v.Commissioner Of Central Excise, Pune-III
The appellant challenged an order confirming a demand for Rs.64,17,003/- based on providing scientific/technical consultancy services related to the use of the 'Manikchand' brand and its formulae. The appellant argued that the transfer of intellectual property rights (trade name and formulae) was covered under service tax from September 2004, making the demand for the prior period unsustainable.
Dandi Salt Pvt Ltd v.Indo Brine Industries Ltd.
This appeal challenged an order that granted injunction reliefs against Dandi Salt Pvt Ltd and its directors. The core dispute revolved around the alleged trademark infringement and passing off concerning the 'DANDI NAMAK' mark used for salt products. The Gujarat High Court ultimately allowed the appeal, quashing the trial court's order. The court noted significant issues regarding the plaintiff's conduct, including suppression of facts and filing multiple suits with identical causes of action.
Dabur India Ltd v.M/S Mughals Herbal Products & Anr
The Delhi High Court ruled in favor of Dabur India Ltd in a passing off suit against M/S Mughals Herbal Products. The court found that the defendant's rose water packaging was deceptively similar to the plaintiff's established 'DABUR GULABARI' trade dress, specifically noting similarities in color combination and overall configuration. Given Dabur's long-standing reputation, extensive advertising spend, and market presence, the court granted a permanent injunction, affirming the protection of distinctive trade dress under common law.
Eatman Foods India Private Limited v.M/s Savorit Ltd.
Eatman Foods India Private Limited appealed the dismissal of its injunction application against M/s Savorit Ltd., alleging infringement and passing off due to the phonetic and visual similarity between their trade marks ('Tastee Masala' vs 'TASTII'). The respondent argued that the products were different, and since only the label was registered, no exclusive right could be claimed over individual words. The High Court upheld the single judge's decision.
M/s.Vasudev Adigas Fast Food Pvt., Ltd. v.Mr. Radhakrishna Adiga
The Karnataka High Court addressed multiple writ petitions filed by M/s Vasudev Adigas Fast Food Pvt. Ltd. against Mr. Radhakrishna Adiga regarding the use of the 'Adigas' trademark. The petitioners sought an ad-interim injunction to prevent infringement, challenging a lower court order that allowed the respondent time to file objections. While the High Court did not grant the immediate injunction requested, it directed the trial court to expeditiously consider and dispose of the temporary injunction applications filed by the plaintiffs.
Marico Limited v.Adani Wilmar Ltd
The Delhi High Court dismissed Marico Limited's application for an interim injunction against Adani Wilmar Ltd, which sought to stop the broadcast of competitor advertisements. Marico alleged that Adani Wilmar's 'Fortune' ads disparaged its 'Saffola' brand with false health claims. However, the court emphasized that advertisers must be given latitude in their messaging and held that unless claims are totally unsubstantiated, courts should avoid a hyper-technical view. The decision allowed the advertisements to continue pending final adjudication.
Vov Cosmetics Private Limited v.Union of India
Vov Cosmetics Private Limited challenged an order directing it to change its corporate name due to perceived resemblance with another entity. The dispute centered on whether the similarity in names, particularly involving the 'VOV' mark used in cosmetics, mandated rectification under the Companies Act. The Bombay High Court quashed the impugned order, emphasizing that mere similarity is not sufficient grounds for mandatory rectification and directing a fresh hearing.
United Breweries Ltd v.Khodays Breweries Limited Industries Ltd
United Breweries Ltd appealed a trial court judgment that dismissed its suit seeking permanent and mandatory injunction against Khodays Breweries Limited. The suit alleged infringement and passing off based on the use of 'Hercules Black Label' by the respondent, which was deemed deceptively similar to the appellant's registered trade mark 'Kalyani Black Label'. The High Court ultimately dismissed the appeal, affirming the trial court's decision.
M/S Sagar Ratna Restaurants Pvt. Ltd. v.M/S Shri Bihari Ji's & Ors.
The plaintiff, M/S Sagar Ratna Restaurants Pvt. Ltd., filed an application seeking an interim stay against the respondents for allegedly misusing its proposed brand names ('Ratnam', 'Sagar Ratnam') and breaching a franchisee agreement. The dispute centered on the use of similar brands like 'Shree Rathnam' by the defendants, who were former employees.
M/S Friends Overseas v.Swadi Product U.K. Ltd. & Ors.
The Delhi High Court granted an interim injunction favoring M/S Friends Overseas against Swadi Product U.K. Ltd. and others, finding a prima facie case of infringement. The court held that the defendants had misappropriated the plaintiff's well-known mark 'SWADI HOMEMADE,' copying its artistic get up, layout, and trade dress. This action was deemed likely to cause confusion among consumers, thus warranting the continuation of the existing restraint order until the final disposal of the suit.
Kwality Biscuits Pvt. Ltd. v.Asst. Commissioner of Income-tax Circle-11(5), Bangalore
Kwality Biscuits Pvt. Ltd. transferred its intellectual property rights (trade marks, designs, and copyrights) related to 'Kwality' biscuits to M/s.Britania Industries Ltd. for ₹30 crores. The Assessing Officer taxed this receipt as long-term capital gains, arguing that the transfer included the right to manufacture. The Tribunal ultimately held that the right to market was distinct from the right to manufacture.
Bhole Baba Milk Food Industries Ltd. v.Parul Food Specialities Pvt. Ltd.
The Delhi High Court addressed an appeal concerning the use of the trademark 'KRISHNA' in dairy products. The court ruled that a common word, even if associated with a deity like Lord Krishna (who is linked to milk and butter), cannot be monopolized by a single entity. Furthermore, the court held that when a defendant uses a disputed mark prefixed by other words ('PARUL'S LORD KRISHNA'), confusion regarding the source of goods is unlikely, provided those prefix words are given equal prominence as the core trademark. The appeal was dismissed, affirming the interim relief granted to the respondent.
Smt K Nirmala Raghava Rao v.N G Subbaraya Setty
This Karnataka High Court judgment addressed a dispute over trademark infringement and royalty recovery related to perfumes. The petitioner sought to stay a subsequent suit, arguing that the issues were identical to an earlier case where the trademark was assigned to a bank. However, the court ruled that the two suits involved distinct legal claims—one concerning injunction/royalty prior to assignment, and the other regarding damages post-termination of the agreement. Consequently, the writ petition seeking a stay was dismissed.
Thalappakattu Biriyani and Fast Food (temporarily called as "Chennai Rawther Thalappakattu Biriyani") v.M/S.Thalappakatti Naidu Ananda Vilas
The dispute concerned the alleged infringement and passing off of the trade mark "Thalappakatti Naidu Biriyani Hotel" by M/S.Thalappakatti Naidu Ananda Vilas, which used the similar mark "Thalappakattu". The court examined the prior use and reputation of the Plaintiff's mark versus the Defendant's adoption of the similar name.
Drums Food International Pvt. Ltd. v.Euro Ice Cream & Anr.
The Bombay High Court ruled against Drums Food International in a trademark dispute concerning the mark 'HOKEY POKEY'. The court held that even if a plaintiff starts using a mark after a defendant has filed an application for registration, the plaintiff cannot succeed in a passing off or infringement action. The judgment strongly affirmed the priority given to registered marks under the Trade Marks Act, emphasizing that registration provides a robust legal shield against subsequent users.
Siddhant Ice Creams Pvt. Ltd. v.M/s. Thanco Enterprises
The Bombay High Court rejected the defendants' attempt to set aside a prior injunction restraining them from infringing the plaintiffs' registered mark 'NATURAL' and passing off their goods. The court found that the application was not bona fide, noting that the defendants sought to rely on documents they could have easily accessed earlier. Consequently, the original order protecting the plaintiff's trademark and copyright was upheld and made effective immediately, with the defendants ordered to deposit proceeds from sales during the restricted period.
M/S Loreal v.Mr. Rajesh Verma & Anr.
The Delhi High Court ruled in favor of M/S Loreal against Mr. Rajesh Verma & Anr., finding that the defendants were infringing upon Loreal's registered trademark 'L'OREAL'. The court determined that the use of the identical mark on similar cosmetic goods constituted both trademark infringement and passing off, noting a clear case of triple identity (same mark, same goods, same market). Consequently, the suit was decreed with a permanent injunction against the defendants, although claims for damages were rejected due to lack of evidence.
United Breweries Ltd v.Mount Shivalik Breweries Ltd
The Karnataka High Court addressed the complex interplay between design infringement and passing off in a dispute involving breweries. The court emphasized that while an action for design infringement is possible under specific conditions, the primary focus of the case involved establishing passing off. The judgment highlighted the distinct legal tests required for each claim, noting that passing off requires demonstrating deception by the public regarding the source of goods.
M/S Giani Gurcharan Singh & Sons v.Madhusudhan Singh And Another
The Delhi High Court ruled in favor of M/S Giani Gurcharan Singh & Sons, finding that the defendant infringed upon their registered trademark and engaged in passing off. The court held that the use of 'GIAN'S' by the defendants was deceptively similar to the plaintiff's established mark 'GIANI'S', leading to consumer confusion. Consequently, the court granted a permanent injunction restraining the defendant from using the infringing mark and awarded punitive damages.
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