FMCG — India Trademark Cases
913 decisions indexed
Page 19 of 31 · 913 total
The Polo/Lauren Company L. P v.Reekha Bhati
The suit was filed by The Polo/Lauren Company L. P against Reekha Bhati for permanent injunction, alleging infringement and passing off of its registered trademarks (POLO, POLO Ralph Lauren) on apparel and clothing goods. The court found that the defendant used identical/deceptively similar marks in relation to impugned goods, causing confusion and deception.
Good Life Industries v.J R J Foods Pvt Ltd
The Gujarat High Court dismissed the appeal filed by J R J Foods Pvt Ltd against an earlier order that granted interim injunction to Good Life Industries. The dispute centered on alleged trademark infringement and passing off, where Good Life claimed its mark 'MICHI'S' was being imitated by J R J Foods' mark 'MISHI'S'. The High Court upheld the trial court's decision, emphasizing that in a passing-off action, the likelihood of confusion among an ordinary purchaser is key, regardless of actual damage or intent.
M/s.Kaleesuwari Refinery Private Limited v.M/s.Amman Trader
This Madras High Court judgment addressed a trademark dispute where M/s.Kaleesuwari Refinery Private Limited sought permanent injunctions against M/s.Amman Trader for infringing its registered mark 'DHEEPAM' by using 'SRI DEEPAM' on edible oil products, and for passing off inferior goods as the plaintiff's. The parties ultimately reached a Joint Compromise Memo, which was accepted and decreed by the court. This settlement ensures that the defendant will cease all infringing activities related to the plaintiff's brand.
Vimal Dairy Limited v.Gujarat Tea Depot Company
The Gujarat High Court upheld the interim injunction granted in favor of Gujarat Tea Depot Company against Vimal Dairy Limited. The court found that allowing Vimal Dairy to market its product could cause confusion among the public due to substantial similarities between the brands and labels, despite differences in trade products. This decision reinforces the principle that courts must look at prima facie similarity to prevent consumer deception in trademark and copyright disputes.
M/S. B.R.Industries v.State Of Meghalaya & 2 Ors.
The Meghalaya High Court addressed a jurisdictional challenge raised by respondents in a trademark infringement case involving 'Megha' cashew nuts. The court clarified that under the specific administrative rules governing tribal areas like Nongpoh, courts presided over by Deputy Commissioners and Additional Deputy Commissioners function as Principal Civil Courts of Original Jurisdiction. Consequently, these courts are deemed competent to try suits under Section 134 of the Trade Marks Act, 1999, thereby upholding the petitioner's right to pursue the infringement claim.
Everest Food Products Private Limited v.Taparia Industries And Anr
The court addressed a Leave Petition filed by Everest Food Products Private Limited seeking to combine causes of action related to passing off and infringement. The court directed that since the Defendants were in Jaipur, service must be effected by courier with proof of delivery.
Bajaj Electricals Limited v.Urban Foodmart India Pvt Ltd
Bajaj Electricals Limited filed an Interim Application against Urban Foodmart India Pvt Ltd for alleged trademark infringement related to the mark "BAJAJ SUPERMART". The court accepted an undertaking from the Defendants that they would cease using the infringing mark pending the final disposal of the application and remove all associated signage.
M/S. Blue Heaven Cosmetics Private Limited v.Bhcosmetics Llc
The Delhi High Court permitted M/S. Blue Heaven Cosmetics Private Limited to amend its plaint in a trademark infringement suit against Bhcosmetics Llc. The amendment corrected an inadvertent typographical error, clarifying that the 'BH' logo/label was not yet a registered trademark but rather had a pending application and long-standing user rights since 1986. The court allowed this correction, recognizing it would not alter the core relief sought (permanent injunction for passing off and infringement), and subsequently modified an earlier court order to reflect the accurate status of the mark.
Bisleri International Pvt.Ltd v.Laxmikanta Nayak
The court heard an interim application filed by Bisleri International Pvt.Ltd against Laxmikanta Nayak regarding passing off related to drinking water bottles. The parties suggested a settlement, but the court noted undertakings from the defendant regarding not possessing specific moulds or manufacturing depicted bottles.
M/S. Vipul v.Akshar Sweets And Namkeen
The Gujarat High Court addressed an appeal concerning the non-granting of ad-interim injunction by a lower civil court in a trademark infringement dispute. The appellants, M/S. Vipul, argued that their prima facie case for trademark infringement was strong and continued prejudice was occurring due to the respondent's unauthorized use of a similar brand name after contract termination. Recognizing the urgency and the merits presented, the High Court disposed of the appeal while directing the trial court to expedite the decision on the injunction application within three months, ensuring the existing restraining order remains in effect until then.
Lakme Lever Pvt Ltd v.Annapurna Enterprises And Anr
The Bombay High Court granted interim relief in favor of Lakme Lever Pvt Ltd, a subsidiary of Hindustan Unilever Limited. The court found that despite the termination of a franchise agreement, the respondents continued unlawfully using Lakme's brand name, logo, uniforms, and associated trade materials. Consequently, the court issued an injunction and appointed a Court Receiver to take possession of all branded assets from the respondent's premises, preventing further unauthorized use.
Sarvasuddi Suryanarayana v.The Union Of India
The petitioner filed a Writ Petition challenging the procedural actions taken by various respondents, including the delayed service of Counter Statement and taking on record evidence in an opposition proceeding (Opposition No. 969651). The petitioner sought directions to reject the opposing evidence and register their trademark application.
Hindustan Unilever Ltd v.Balaji Enterprises
Hindustan Unilever Ltd filed an Interim Application seeking ad-interim reliefs against Balaji Enterprises for alleged trade mark infringement and passing off related to flour products. The court found a sufficient prima facie case, noting that both marks are phonetically, visually, and structurally indistinguishable, leading to inevitable consumer confusion.
Gujarat Cooperative Milk Marketing Federation Ltd & Anr. v.Nitin Jain & Ors.
The Delhi High Court addressed a dispute where the AMUL Federation alleged that videos produced by Defendant No. 1 were scandalous, disparaging, and specifically targeted their brand using trademark elements like the 'AMUL Girl' mascot. The core issue revolved around whether the content constituted fair use or targeted defamation against the Plaintiffs. While the Plaintiff argued the targeting was evident through specific advertisements shown in the video, the Court directed the Defendant to provide detailed affidavits regarding the sources of their investigative journalism, allowing the Plaintiffs to adequately address the allegations.
Calvin Klein Trademark Trust v.Ektarfa Garments Private Limited & Ors
The Delhi High Court addressed the trademark infringement suit filed by Calvin Klein Trademark Trust against Ektarfa Garments Private Limited. During the proceedings, the plaintiff indicated that the defendants had expressed interest in settling the matter. The court acknowledged these overtures and scheduled the case for further hearing on December 8, 2020, allowing time for settlement discussions.
Sarvasuddi Suryanarayana v.The Union Of India
The petitioner filed a writ petition challenging the actions of various respondents, including the Union of India and the Controller General of Patents, Designs and Trademarks. The core dispute revolved around procedural violations in Opposition No. 969651 concerning Trademark Application No. 3017984, specifically regarding the delay in serving documents and taking on record evidence.
International House Of Pancakes LLC. v.IHOP Cake N Bake & Ors.
The Delhi High Court granted an ad-interim injunction in favor of International House Of Pancakes LLC. (Plaintiff) against IHOP Cake N Bake & Ors. (Defendants). The plaintiff, a global brand owner of 'IHOP', sought protection against the defendants' use of the identical mark. The court found that the plaintiff had made out a prima facie case and that granting an injunction was necessary to prevent irreparable loss, thereby protecting the established reputation of the trademark.
Tata Sons Private Limited & Ors. v.Sarfaraz Khan
The Delhi High Court granted interim relief in favor of Tata Sons Private Limited, finding a prima facie case of trademark infringement. The court noted that the defendant was using the deceptively similar mark 'TAZA WATER PLUS' while operating in the same trade channel as Tata's registered trademarks. Based on the balance of convenience and the risk of irreparable harm to Tata's goodwill, the court issued an immediate injunction restraining the defendant from using the infringing mark until the final hearing.
Allied Blenders And Distillers Pvt Ltd v.Agribiotech Industries Limited (Abil)
The Delhi High Court granted an ad interim injunction in favor of Allied Blenders And Distillers Pvt Ltd against Agribiotech Industries Limited. The plaintiff alleged that the defendant was infringing on its registered trademarks ('Officers Choice') and copyrighted trade dress associated with its IMFL products, specifically by using a deceptively similar label for its 'Chetak Whisky'. The court found that there was a high likelihood of consumer confusion, satisfying both the 'average intelligence' test and the 'triple identity' test. This interim order protects the plaintiff's brand reputation pending final disposal of the suit.
Giani S Foods Private Limited v.Mr. Keshav Aggarwal, Trading As M/S Keshav Foods & Anr.
The Delhi High Court granted interim relief to Giani S Foods Private Limited against Mr. Keshav Aggarwal regarding alleged trademark infringement. The court found that the plaintiff had established a prima facie case, noting irreparable harm to its commercial interests due to the unauthorized use of the 'GIANI'S' mark and associated trade features by the defendant. Consequently, the defendants were immediately restrained from using the protected trademark or similar marks on their products and from utilizing any distinctive store layouts or fixtures belonging to Giani S Foods.
ZINO DAVIDOFF SA v.CHARANJEET SINGH
The plaintiff, Zino Davidoff SA, a Swiss company, filed a suit alleging that the defendant was manufacturing and selling perfumes under deceptively similar trademarks ('DAVIDOFF'/'DAVIDOFF COOL WATER'). The court found that the defendant's use of the mark caused confusion and injury to the plaintiff's goodwill. Consequently, the court granted permanent injunctions, ordered delivery up of goods, and awarded damages.
M/s. M.S.Milk Product v.The Deputy Registrar of Trademarks Intellectual Property Building, et al.
M/s. M.S. Milk Product filed a Writ Petition seeking an order to expedite the registration process for two trademark applications in Class 29. However, during the hearing before the Madras High Court, the petitioner's counsel informed the court that both trademark applications had already been withdrawn. Consequently, the court dismissed the writ petition as having become infructuous.
Vikas Jain And Anr. v.State Drugs Controller Haryana & Ors.
This petition challenged an order issued by the State Drugs Controller, Haryana, which directed the petitioners to cease using two cosmetic brand names, 'COSMO SILKY' and 'COSMO'. The controller had acted based on the lack of ownership proof in a family dispute pending before the Delhi High Court. The Punjab-Haryana High Court set aside this order, ruling that the regulatory authority overstepped its jurisdiction by issuing a blanket ban while complex trademark disputes were still sub judice.
Capital Food Pvt. Ltd. v.Radiant Indus Chem. Pvt. Ltd.
The Delhi High Court addressed an application seeking interim relief in a trademark infringement suit concerning 'SCHEZWAN CHUTNEY'. While the court found that 'SCHEZWAN CHUTNEY' is likely a descriptive and common term, thus denying the injunction against the mark itself, it granted protection for the plaintiff's trade dress/packaging and marketing content. This mixed ruling highlights the distinction between protecting generic product descriptors versus unique visual branding elements in IP law.
Modern Foods Enterprises Pvt Ltd v.Modern Snacks Pvt Ltd
The Delhi High Court addressed cross-suits concerning the identical mark 'MODERN' used in the FMCG sector. While acknowledging that the plaintiff (Modern Foods) was a prior adopter of the mark, the court granted an interim injunction with significant caveats. The defendant (Modern Snacks) is restrained from expanding its product range using 'MODERN', but is allowed to continue using it on existing labels and registered goods. This decision balances the rights of both parties while preserving the status quo pending final determination.
M/s. Cothas Coffee Co. v.Avighna Coffee Pvt. Ltd.
The plaintiff, M/s. Cothas Coffee Co., filed a suit seeking a permanent injunction against Avighna Coffee Pvt. Ltd. for infringing its registered trademarks 'COTHAS COFFEE' and 'Cothas'. The plaintiff alleged that the defendant was using the deceptively similar mark 'Cotha Giri' on coffee products. The court ultimately decreed the suit, granting a permanent injunction in favor of the plaintiff.
Harjit Kaur & Ors. v.Jaywantjit Singh & Anr.
The Delhi High Court addressed a dispute concerning the trademark 'CAMPA,' which is registered to Plaintiff No. 2 (Campa Beverages Pvt. Ltd.). The plaintiffs alleged that Defendant No. 1, despite not being a shareholder or director, was filing numerous new trademark applications using the CAMPA prefix and managing brand operations. While the court allowed an exemption from filing original documents, it primarily focused on procedural steps for the main suit. Crucially, the court established that Defendant No. 1 is bound by his statement that he has not commenced use of the mark until a final decision is rendered in the ongoing litigation.
Gujarat Cooperative Milk Marketing Federation Ltd. v.Amul Franchise.In & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Gujarat Cooperative Milk Marketing Federation Ltd. against various parties operating fraudulent websites using the 'AMUL' trademark. The court found that these entities were impersonating and deceiving the public by offering fake dealerships, jobs, and distributorships, thereby causing irreparable harm to the brand. Furthermore, the registrars of the infringing domains were directed to immediately suspend or block the sites, while banks holding accounts related to the fraudulent operations were ordered to disclose account holder details.
McDonalds Corporation And Anr v.National Internet Exchange Of India And Ors
The Delhi High Court granted an interim injunction in favor of McDonald's Corporation against various defendants accused of fraudulent activities. The court found a prima facie case for the plaintiffs, recognizing that the defendants were misusing the 'McDonald's' trademark, Golden Arches Logo, and associated domain names to offer fake franchise opportunities. This crucial order restrained the defendants from infringing on McDonald's intellectual property rights and directed them to freeze relevant bank accounts.
Anhueser Busch Llc v.Rishav Sharma & Ors
Anhueser Busch LLC successfully obtained an ad interim injunction against Rishav Sharma and others in the Delhi High Court. The plaintiff alleged that defamatory videos published on social media platforms were infringing its registered 'Budweiser' trademark and causing commercial disparagement by falsely depicting employees urinating in the beer. The court found a prima facie case existed, granting immediate relief to prevent further harm until the final hearing.
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