FMCG — India Trademark Cases
541 decisions indexed
Page 17 of 19 · 541 total
Cadila Healthcare Ltd. v.Diat Foods (India)
The Delhi High Court addressed a dispute over the use of the descriptive term 'Sugar Free' in packaging. While acknowledging Cadila Healthcare's distinctiveness, the court found that an absolute ban on using 'Sugar Free' would be overly restrictive, especially if used descriptively by the respondent. The judgment ultimately modified the injunction, allowing Diat Foods to use 'SUGAR FREE,' provided it is not given greater prominence or a larger font size than competing marks like 'SUGARLESS Bliss' or 'Splenda Brand.'
R.R. Proteins And Agro Limited v.Hari Shankar Singhania & Another
The plaintiff asserted exclusivity over its word mark 'Arati' in edible oil against the defendant's use of 'Sandhya Arati'. The court found that despite the addition of 'Sandhya', the prominent feature 'Arati' was incorporated, leading to infringement and passing-off. Consequently, an injunction was granted restraining the defendants from using the infringing mark.
Elbaik Food Systems Co. S.A v.Mr.Maideen Kutty
The Kerala High Court addressed an appeal filed by Elbaik Food Systems Co. S.A against a lower court's refusal to grant temporary injunction in a trademark suit. Recognizing that the case involved complex comparative evaluation of trademarks and was ripe for trial, the court chose not to rule on the merits of the dispute. Instead, it directed the lower court to expedite the trial process and ensure both parties receive sufficient opportunity to present evidence within six months.
Abdul Rashid (Partner Al Bake Arabic) v.Elbaik Food Systems Co.S.A.
This appeal before the Kerala High Court concerned a challenge to an interlocutory temporary injunction granted in a trademark infringement suit. The court acknowledged that the matter involved complex issues regarding the comparative evaluation of trademarks and the ongoing trial proceedings below. While refusing to overturn the existing injunction, the judges directed the lower court to expedite the full trial process and dispose of the suit within six months, ensuring neither party was unduly hindered by the interim order.
Nirapara Roller Flour Mills Pvt. Ltd. v.Ammini Karnan
The Kerala High Court allowed an appeal in a passing off action, setting aside the lower court's decree. While the case was remanded back to the District Court for a comprehensive re-evaluation, the High Court simultaneously granted an interim injunction. This order specifically restrained the defendants from using similar marks on rice and rice products, acknowledging the plaintiffs' prima facie case regarding their reputation in that sector.
Marico Limited v.Agro Tech Foods Limited
The Delhi High Court dismissed Marico Limited's appeal against an order that rejected its injunction application regarding trademark infringement and passing off. The court held that the respondent's use of 'LOW ABSORB TECHNOLOGY' did not constitute deceptive similarity or passing off, primarily because the expression is descriptive in nature. This ruling emphasizes that registration alone does not guarantee a prima facie case for infringement if statutory defenses are validly raised.
Foodworld v.Foodworld Hospitality Pvt. Ltd.
The Delhi High Court addressed a passing off suit filed by Foodworld against Foodworld Hospitality Pvt. Ltd., concerning the use of the 'FOODWORLD' trade name in the food business. The court found that while the Defendant could continue its current operations, it was granted a conditional injunction. This means the Defendant is prohibited from using the mark if it enters the highly similar fields of institutional and outdoor catering services, thereby protecting the Plaintiff's goodwill.
Cadila Healthcare Ltd. v.Gujarat Co-Operative Milk Marketing Federation Ltd. & Ors.
The Delhi High Court dismissed Cadila Healthcare Ltd.'s appeal against an injunction sought to protect its 'Sugar Free' trademark. The court upheld the lower court's decision, emphasizing that 'Sugar Free' is inherently descriptive and has become publicis juris in the food industry. While acknowledging a potential risk of consumer confusion regarding ingredients, the court found that the existing restriction on font size was adequate to prevent misrepresentation at this interim stage.
Gufic Pvt. Ltd. v.Clinique Laboratories, Llc
The Delhi High Court stayed a previous injunction that had restrained Gufic Pvt. Ltd. from using the word 'Cliniq' in its trademark, citing issues of deceptive similarity and balance of convenience. The court found substantial differences between the two trademarks ('Clinique' vs. 'Skin Cliniq Stretch Nil'), including price disparity (4-8 times difference), product type (Ayurvedic cream vs. non-Ayurvedic product), and distinct packaging styles. Furthermore, considering Gufic's long operational history since 1998/2001, the court ruled that a running business should not be stopped at this stage.
M/S Kirorimal Kashiram Marketing And Agencies Private Limited v.M/S Sachdeva & Sons Industries Pvt. Ltd.
The Delhi High Court granted an interim injunction in favor of the plaintiff, M/S Kirorimal Kashiram Marketing And Agencies Private Limited, against M/S Sachdeva & Sons Industries Pvt. Ltd. The dispute centered on alleged infringement and passing off concerning rice products using similar trade marks ('Double Deer' vs 'Deer'). The court ruled that despite differences in artistic features or geographical scope, the similarity of the core mark and the nature of the goods (rice) create a high risk of consumer confusion, thus warranting immediate restraint.
Bureau Of Indian Standards v.Pepsico India Holdings P. Ltd.
This appeal before the Delhi High Court concerned whether Pepsico's use of specific terms ('PURE', 'PURITY GUARANTEED') and a pictorial device (snow-capped mountain) on its packaged drinking water label, Aquafina, was misleading. The Bureau of Indian Standards argued that these elements suggested the product was mineral water from mountains, which was untrue for standard packaged drinking water. After considering the statutory powers of BIS and consumer protection concerns, the court partially allowed the appeal.
K. Narayanan And Anr. v.S. Murali
The Supreme Court dismissed the appeal, reaffirming that merely filing a trade mark application does not constitute a cause of action for a suit based on passing off. The judgment emphasized that an action for passing off requires established grounds demonstrating deception or injury to goodwill, which cannot be derived solely from a pending registration application filed by the alleged infringer. This ruling reinforces the legal requirement for concrete evidence of misrepresentation when seeking relief against passing off.
Cadila Healthcare Limited v.Diat Foods (India)
The Delhi High Court dismissed Cadila Healthcare Limited's application seeking an interim injunction against Diat Foods (India) for alleged passing off. Cadila claimed ownership and distinctiveness over the 'Sugar Free' mark, arguing that Diat was misleading consumers. However, the court found that Diat used 'Sugar Free' merely as a descriptive attribute on its packaging, coupled with clear disclosures like 'Sweetened with Splenda.' The court concluded that no consumer would be misled into believing the defendant's product was connected to the plaintiff, thus failing to establish the elements of passing off.
Cadila Healthcare Limited v.Dabur India Limited
The Delhi High Court dismissed Cadila Healthcare Limited's request for an interim injunction against Dabur India Limited, finding that the use of 'Sugar Free' by the defendant did not constitute passing off. The court held that the expression was used purely descriptively to indicate a product attribute (no added sugar), rather than as a trademark intended to mislead consumers into believing a connection with Cadila’s goodwill. Consequently, the plaintiff failed to establish the necessary elements of misrepresentation required for a passing-off claim.
Cadila Healthcare Limited v.Shree Baidyanath Ayurved Bhawan Pvt Ltd
The Delhi High Court dismissed the plaintiff's request for an interim injunction, finding that the defendant's use of 'Sugar Free' did not constitute passing off. The court held that the expression was used descriptively to indicate the absence of added sugar in the Ayurvedic tonic, rather than as a trademark attempting to mislead consumers into believing it was connected to the plaintiff’s products. Consequently, the plaintiff failed to establish the necessary elements for a prima facie case of misrepresentation or injury to goodwill.
Reckitt Benckiser (India) Limited v.Hindustan Unilever Limited
The Delhi High Court dismissed the plaintiff's request for an interim injunction, finding that the defendant's advertisement did not disparage the plaintiff's product. The court used a Venn diagram analogy to demonstrate that the plaintiff’s thick cleaner does not fall into the category of thin and blue cleaners targeted by the ad. This ruling reinforces the principle that comparative advertising is permissible as long as it does not directly denigrate another trader's specific goods.
Shri Pankaj Goel v.M/S. Dabur India Ltd.
The Delhi High Court dismissed Shri Pankaj Goel's appeal against an ex-parte injunction granted to Dabur India Ltd. The court found that despite arguments regarding prior use and commonality of the suffix 'MOLA,' the Respondent's registered mark, HAJMOLA, was distinctive and well-known. Furthermore, the court rejected the defense of laches or acquiescence, noting that passing off is a recurring cause of action and delay would not apply if the defendant's conduct was fraudulent.
M.G.M. Entertainments Pvt. Ltd. v.Commissioner Of Customs
The Tribunal upheld the Customs department's decision that various payments made by the franchisee (M.G.M. Entertainments) to the foreign franchisor were part of the transaction value of the imported goods. These fees, including franchise fee, license fee for technical know-how, and royalty, were deemed necessary conditions for the sale and use of the licensed products.
Rajinder Kumar Aggarwal v.Union Of India (Uoi) And Anr.
The Delhi High Court intervened in a trademark dispute concerning the registrability of the name 'AGGARWAL.' The petitioner challenged the IPAB's dismissal, which had upheld the registration rights of the respondent. The court found that the IPAB failed to address the core legal issue—whether the surname 'AGGARWAL' possessed sufficient distinctiveness under the Trade and Merchandise Marks Act, 1958. Consequently, the High Court set aside the previous order and remanded the matter back to the IPAB to specifically examine the question of acquired distinctiveness.
Godrej Consumer Products Ltd. v.Income-tax, Range-10(2)
The assessee, Godrej Consumer Products Ltd., appealed against the denial of depreciation on an acquired trade mark ('Snuggy') and associated goodwill. The Assessing Officer denied the claim based on lack of valuation reports and the inclusion of goodwill in the purchase price. The Tribunal allowed the appeal, holding that both trade marks and associated goodwill are intangible assets eligible for depreciation.
Mrs. Ishi Khosla v.Anil Aggarwal And Anr.
The Delhi High Court confirmed an interim injunction in favor of Mrs. Ishi Khosla against Anil Aggarwal and others regarding the use of the trademark 'Whole Foods'. The court found that the plaintiff had successfully established a prima facie case of prior use, distinctiveness, and reputation associated with her brand. This ruling protects her goodwill against deceptive imitation by competitors, reinforcing the importance of early action in trade mark disputes.
Three-N-Products Private Ltd. v.Karnataka Soaps And Detergents Limited
The Calcutta High Court ruled in favor of Three-N-Products Private Ltd., granting an interim injunction against Karnataka Soaps And Detergents Limited (Respondent No. 1) for passing off and infringing its registered trademark 'Ayur'. The court found that the petitioner was the senior user of the mark, despite the respondent having a subsequent registration of 'Mysore Sandal Ayur Care.' This decision emphasizes the importance of establishing seniority in trade mark disputes, particularly when dealing with deceptively similar marks.
M/s.Sri Balamurugan Modern Rice Mill v.M/s.Subbulakshmi Modern Rice Mill
The Madras High Court granted an interim injunction in a passing-off suit concerning rice. The plaintiff successfully argued that despite the defendant's attempts to distinguish their mark with added words, the strong familial and business connection between the parties made consumer confusion highly likely. Given the plaintiff's established prior use of the 'GOPURAM' mark since 1998, the court found a prima facie case for passing off, favoring the plaintiff.
Jolen Inc. v.Mr. Shobanlal Jain, Hindustan Rimmer
The Madras High Court reversed a lower court's decision that had dismissed an interim injunction and revoked the plaintiff's leave to institute a lawsuit. Jolen Inc., alleging infringement of its trademark 'JOLEN' and copyright in its distinctive packaging for crme bleach, successfully argued that sufficient cause of action existed based on advertisements and retail sales in India. Consequently, the court reinstated the interim injunction protecting both the copyright and passing off claims, ensuring the suit could proceed expeditiously.
Colgate Palmolive Company And Anr. v.Anchor Health And Beauty Care Pvt. Ltd.
The Delhi High Court granted an ad interim injunction in favor of Colgate Palmolive against Anchor Health, finding that Anchor was engaging in passing off. The court ruled that the distinctive trade dress—specifically the red and white color combination and container shape—had acquired secondary significance and goodwill, allowing Colgate to protect it even if the word marks were different. This decision underscores the importance of protecting non-traditional trademarks like packaging design when they are used deceptively.
Geepee Ceval Proteins And Investment v.Saroj Oil Industry
The Delhi High Court granted an ad-interim injunction in a passing off suit concerning the trade mark 'CHAMBAL'. The court found that despite the geographical nature of the word, the plaintiff had established distinctiveness through extensive use and advertising since 1997. Given the phonetic similarity between 'CHAMBAL' and 'CHAMBAL DEEP', the court determined that granting the injunction was in the balance of convenience to prevent consumer confusion and irreparable harm to the plaintiff.
Ayushakti Ayurved Pvt. Ltd. v.Hindustan Lever Limited
The Bombay High Court dismissed the plaintiff's motion for injunction in a passing-off suit against Hindustan Lever Limited. The court found that the defendant's mark 'AYUSH' was not deceptively similar to the plaintiff's 'AYUSHAKTI,' and crucially, it held that mere possibility of confusion is insufficient; actual misrepresentation must be demonstrated. Furthermore, the court presumed the plaintiffs had knowledge of pre-existing marks, but ultimately concluded there was no likelihood of consumer confusion.
Kewal Krishan Kumar v.Rudi Roller Flour Mills (P) Ltd.
The Delhi High Court dismissed an appeal filed by Kewal Krishan Kumar against the registration of the trademark 'Shiv Shakti' by Rudi Roller Flour Mills. The court found that despite some phonetic similarity, the composite nature of the respondent's mark—including the device of Trishul and Damru—created a sufficient visual and phonetic difference from the petitioner's 'Shakti Bhog'. Furthermore, the court ruled that Section 12(3) (concurrent user provision) was not applicable because the trademarks were not identical.
Sahana Soap Works And Ors. v.Kanpur Trading Company Pvt. Ltd. And ...
The Allahabad High Court dismissed an appeal challenging a trial court's interim injunction. The case involved allegations of trademark infringement and passing off concerning soap wrappers, where the plaintiff argued their 'GHARI' mark was being copied by defendants using identical designs. Based on evidence showing the plaintiffs had significantly larger business volume and were prior users, the court upheld the initial restraint order against the defendants.
Marico Industries Ltd. v.Sarfaraj Trading Company, Hyderabad
Marico Industries Ltd. appealed a single judge's order that refused to allow it to combine its copyright infringement suit with claims for trademark infringement and passing off against Sarfaraj Trading Company. The court examined whether this discretionary refusal was appealable, ultimately adopting the principle that an order putting an end to proceedings constitutes a judgment. Finding that granting leave would prevent multiplicity of litigation, the High Court allowed the appeal, setting aside the single judge's order.
Facing a trademark dispute?
Arctic's TM litigation team handles ~120 trademark matters per year across India, EU, and UK. From oppositions to infringement actions, we build winning arguments from precedent.