FMCG — India Trademark Cases
913 decisions indexed
Page 2 of 31 · 913 total
Asian Paints Limited v.Smt. Manju Rani Jindal And Ors.
Asian Paints Limited filed a suit against Smt. Manju Rani Jindal and others alleging infringement and passing off concerning its trade marks (ASIAN PAINTS and ASIAN). The dispute centered on the Defendants' use of the mark 'SUPER ASIAN PLUS' on paint-related goods like wall putty and cement paints. Given the Defendants' failure to contest the suit, the court decreed the suit in favor of Asian Paints.
Merchint Foods and Hospitality Pvt. Ltd. v.Samtani Brothers Pvt. Ltd. & Ors.
The petitioner filed a Leave Petition seeking permission under Clause XII of the Letters Patent Act to institute a suit against the respondent. The petitioner argued that despite the respondents residing outside the court's jurisdiction, the transactions and effects of trademark infringement and passing off were felt within Mumbai. The Court granted leave for the proposed suit.
Mohd Haroon Trading And Proprieties v.M/S Burhanpur Jalebi Centre
This matter originated from a civil suit filed by M/S Burhanpur Jalebi Centre seeking an injunction against Mohd Haroon Trading And Proprieties for trademark infringement. The petitioner challenged the trial court's rejection of their application regarding mandatory pre-litigation mediation proceedings. However, the Madhya Pradesh High Court ultimately dismissed the petition, ruling that it lacked jurisdiction because the impugned order was passed by a Civil Judge below the rank of a District Judge, necessitating an appeal to the appropriate Commercial Appellate Court.
Kapil Goyal v.The Registrar Of Trade Marks
Kapil Goyal appealed the refusal by The Registrar of Trade Marks to register the mark 'DOUBLE-CHOICE' under Section 91 of the Trade Marks Act, 1999. The initial rejection was based on the mark being non-distinctive and descriptive. The High Court allowed the appeal, finding that the reasoning for deeming the mark descriptive was unfounded, especially since the application was filed on a proposed-to-be-used basis.
Nadeem Majid Oomerbhoy v.Sh. Gautam Tank And Ors.
The suit was filed seeking permanent injunction against Defendants for infringing the registered Trade Mark 'POSTMAN', used for refined groundnut oil. The Plaintiffs contended that despite a temporary discontinuation, they had not abandoned the mark and it held substantial goodwill. While some issues were decided in favor of the Plaintiffs (including granting an injunction), the court recalled its previous pronouncement and directed the suit to remain pending for further determination on damages.
M/S Vibhava Marketing Corporation v.Goramal Hari Ram Limited
The Delhi High Court modified a previous order that had dismissed the petitioner's applications for filing additional documents. After arguments, both parties reached a consent agreement allowing M/S Vibhava Marketing Corporation to amend its Written Statement to include details of two preceding trademark registrations ('MONKEY 555 WONDER WASH' and 'MONKEY 555 THUNDER WASH'). This amendment allows the petitioner to argue that their prior rights should dismiss the plaintiff's infringement claim, subject to payment of costs.
Sapat International Pvt Ltd v.Niravi Consumer Llp And Ors.
This interim application addressed allegations of contempt against the defendants for allegedly violating a prior court order. The plaintiff claimed that despite undertaking not to use the 'Sapat' mark in advertising packaged tea, the respondents continued to use 'Sapat Tea' on cash receipts and invoices. The court found prima facie evidence suggesting the violation, noting that the use of 'Sapat Tea' on sales documents amounted to advertisement. Consequently, the matter was listed for further consideration to determine compliance with the solemn undertaking.
Dasaprakash Restaurant And Ice Cream Parlour Pvt.Ltd. v.The Deputy Registrar of Trademarks
The Madras High Court dismissed an appeal filed by Dasaprakash Restaurant and Ice Cream Parlour Pvt.Ltd., which sought to record its rights as a subsequent proprietor of the 'Dasaprakash' trademark. The court upheld the Trademark Registry's rejection, ruling that the transfer agreement was void ab initio because it was executed while the original proprietor, Balakrishna Rao, was legally incompetent due to insolvency proceedings. Furthermore, the court emphasized that since the mark was a family mark jointly owned by legal heirs, no single proprietor could unilaterally transfer rights.
Super Milk Products Private Limited v.Pyare Lal Laxmi Narayan And Sons
The Plaintiff sued the Defendant for trademark infringement after the Franchise Agreement terminated. The Plaintiff alleged that the Defendant was clandestinely using a deceptively similar brand name, 'Cuppa Kevanter', which led to passing off of the Plaintiff's well-known trademark 'Keventers'.
P.G.Purushan (A) P.G Purushan v.The Registrar of Trademarks
The Madras High Court allowed an appeal filed by P.G. Purushan against the Trademark Registry's decision to reject their trademark application, 'STIMULAID.' The core issue was whether the applicant had abandoned the mark after failing to comply with initial examination report directions. The Court found that since the appellant had submitted Form TM-M and attended subsequent hearings, there was no evidence of abandonment. Consequently, the rejection order was set aside, compelling the Registrar to proceed with considering and potentially accepting the application.
J S F Holdings Pvt Ltd v.Assistant Registar Of Trade Marks And Gi & Anr.
The Delhi High Court successfully mediated and settled disputes concerning trademark opposition appeals. Following a successful settlement agreement, the court disposed of the appeals and decreed the underlying suit based on the mutually agreed-upon terms. This judgment highlights the effectiveness of judicial mediation in resolving complex IP conflicts efficiently, allowing parties to achieve tailored resolutions rather than proceeding through lengthy litigation.
Krbl Limited v.Vikram Roller Flour Mills Limited
The Delhi High Court addressed an appeal challenging the denial of interim injunction regarding the trademark 'INDIA GATE'. The court analyzed a prior consent order between the parties, which restricted usage based on product type and packaging size. While acknowledging the Appellant's claim as a well-known mark, the court ruled that if the Respondent's right to use 'dalia' flows from its existing rights for wheat products (atta, suji, etc.), it must adhere to the B2B/bulk sales restriction of 20 kgs and above. This interim order maintains the status quo while the core dispute over prior user rights remains sub-judice.
M/S Loreal v.M/S Loren Beautifiers Pvt Ltd And Others
The Calcutta High Court allowed an application filed by M/S Loreal seeking the cancellation of the mark 'LOREN BORORICH.' The sole ground for the petition was non-use, as the respondent failed to demonstrate any bona fide use of the trademark in relation to Class 3 goods for the statutory period. Given the uncontroverted allegation of non-use and the respondent's failure to provide evidence, the court directed that the impugned mark be removed from the register.
M/S. Loreal v.Loren Beautifiers Pvt. Ltd.
The Calcutta High Court allowed an application filed by M/S. Loreal seeking the cancellation of the mark "LOREN HAIR OIL" registered in Class 3. The sole ground for cancellation was non-use, as the respondent failed to demonstrate bona fide use of the trademark for the statutory period. Given the uncontroverted allegation of non-use, the Court directed that the impugned mark be removed/rectified from the register, reinforcing the importance of continuous commercial activity in maintaining trademark rights.
M/S L Oreal v.M/S Loren Beautifiers Pvt Ltd And Ors
The Calcutta High Court allowed an application filed by M/S L Oreal seeking the cancellation of a similar mark, 'LOREN BOROHERB,' registered in Class 3. The sole ground for cancellation was non-use, as the respondent failed to demonstrate bona fide use of the trademark for the statutory period. Given the uncontroverted evidence of non-use, the Court directed that the impugned registration be removed from the register, reinforcing the importance of active commercial use for maintaining a trademark.
Capital Foods Private Limited v.Sankalp Recreation Private Limited & Anr.
The Delhi High Court granted an ad-interim injunction in favor of Capital Foods Private Limited against Sankalp Recreation Private Limited and others. The court found that the defendants' use of deceptively similar marks, such as 'SCHEZUAN CHUTNEY', infringed upon the plaintiff's registered trademark 'SCHEZWAN CHUTNEY'. Given that the products are edible goods, the Court adopted a stringent approach to prevent consumer confusion and potential health risks. The injunction restrains the defendants from using any identical or similar marks until further proceedings.
Guru Soya Foods Pvt. Limited v.The Registrar Of Trade Marks
The Delhi High Court ruled in favor of Guru Soya Foods Pvt. Limited, directing The Registrar of Trade Marks to renew the trademark 'CRISPRO'. The court found that the failure to send the mandatory renewal notice (FORM RG-3) to the Petitioner's updated address constituted a violation of statutory rules. Consequently, the court condoned the delay and mandated the timely completion of the renewal process.
Danone And Pacific Holdings Pte Ltd v.Alvo Life Sciences And Ors & Ors
The Delhi High Court addressed a complex trademark infringement suit involving Danone And Pacific Holdings and Alvo Life Sciences. The court formally decreed the suit against defendants 1 through 7 based on a previously executed Memorandum of Compromise, which included payments and undertakings to cease infringing use. Furthermore, the court accepted an offer from defendant 11 to settle the dispute, directing them to deposit damages, thereby facilitating a resolution for all parties involved.
KT&G Corporation (Xx) v.YY
In a significant ruling concerning trademark infringement in the tobacco sector, the Delhi High Court granted an interim injunction and permitted the appointment of Local Commissioners. The plaintiff, KT&G Corporation, sought protection for its renowned ESSE brand against counterfeiting. The court facilitated the execution of commissions to seize infringing products while ensuring procedural fairness, setting the stage for a full trial.
M/S. Anup Kumar Biswas v.M/S. S. H. Biri Factory And Anr.
M/S. Anup Kumar Biswas filed an application seeking the rectification of a Copyright Registration held by M/S. S. H. Biri Factory And Anr., alleging that the registered label was deceptively similar to their own trade name and infringed upon their rights. The petitioner claimed the registration was obtained surreptitiously without notice. Given the respondent's willingness to have the matter heard afresh after proper notice, the Court cancelled the impugned registration and remanded the case back to the Copyright Registrar for a fresh decision.
M/S Veerji Restaurant Private Limited v.Mohini Chaddha Trading As Veerj Ji Malai Chaap Wale & Ors.
The Delhi High Court addressed several applications in the trademark dispute, notably vacating an earlier ad-interim ex-parte injunction order against Defendant No. 2. The court found that the plaintiff had obtained the injunction by presenting inaccurate facts regarding the termination of a franchise agreement. Furthermore, the disputes between the original parties (Plaintiff and Defendant No. 2) were referred to arbitration. Separately, the Court allowed additional documents for evidence while permitting Defendants No. 3 and 4 to join proceedings after recalling an ex-parte order.
Mr.Suraj Sharma v.Nippon Paint Holdings Co. Ltd.
This matter involved a trademark dispute between Mr. Suraj Sharma and Nippon Paint Holdings Co. Ltd., which was initially litigated before the Madras High Court. Following a compromise reached between both parties, formalized by an agreement dated 12.08.2025 and subsequently endorsed by the Supreme Court, the pending appeals were listed for compliance. Consequently, the court dismissed the intra-court appeals as withdrawn.
M/S Rspl Pvt. Ltd. v.Ymi Ghar Soaps Private Limited & Ors.
The Delhi High Court registered a commercial suit concerning trademark disputes between M/S Rspl Pvt. Ltd. and Ymi Ghar Soaps Private Limited & Ors. The dispute centers on the use and protection of trademarks, specifically 'GHADI' and 'GHAR'. While several interlocutory applications were disposed of, the court formally allowed the suit to proceed, setting timelines for both parties to file their written statements and replies, thereby moving the matter into the substantive litigation phase.
Pachranga International Inc. v.M/S Pachranga Agro Foods Pvt. Ltd
In this trademark dispute, Pachranga International Inc. sought interim relief against M/S Pachranga Agro Foods Pvt. Ltd for the continued use of the mark 'PACHRANGA' on social media and in its corporate name. The Court directed the defendant to ensure all remaining infringing listings are removed within one week upon receiving specific examples from the plaintiff. However, the court deferred a final decision on the issue of the defendant using the trademark as part of its corporate name, requiring further consideration after the injunction application is determined.
Arq Providores v.Schloss Hma Private Limited & Anr.
The Delhi High Court addressed an application seeking interim relief in a trademark infringement suit filed by Arq Providores against Schloss Hma Private Limited. While the court acknowledged the likelihood of confusion and potential harm to the Plaintiff’s reputation, it balanced this against the Defendants' existing use of the marks since November 2024. Consequently, the Court granted a conditional interim injunction, requiring the Defendants to restrict the use of 'ARQ' only in conjunction with their house mark 'THE LEELA' for specific services (Class 43), discontinue an infringing logo by December 15, 2025, and refrain from using 'ARQ' for certain food/catering services.
M/S Nice Confectionary v.M/S Nice Food Products
The petition challenged an arbitration award related to a trademark dispute. The claimant (M/s Nice Food Products) alleged that the petitioner (M/s Nice Confectionary), who used the trademark 'PRIKA'S CHAA-PAT', breached the conditions of a 2005 license agreement. The court dismissed the petition, finding no merit in the claim.
Ramji Lal Agarwal v.Sourav Agarwal
This appeal before the Calcutta High Court addressed whether a dispute arising from a family arrangement, involving the use of the trade name 'Sindharam Sanwarmal', constituted a 'Commercial Dispute'. The plaintiff argued that the matter was purely familial and not commercial. However, the court found that the reliefs sought—specifically perpetual injunctions restraining the defendant from using or permitting others to use the trademark—manifestly demonstrated an intellectual property dispute. Consequently, the High Court held that the suit must be triable exclusively by a Commercial Court under the Act of 2015.
Ramji Lal Agarwal v.Sourav Agarwal
This appeal before the Calcutta High Court addressed whether a dispute concerning the use of the trade name 'Sindharam Sanwarmal' fell under the ambit of 'Commercial Disputes' as defined by the Commercial Courts Act, 2015. The plaintiff argued that the matter arose from a family arrangement and was not commercial in nature. However, the court found that the reliefs sought, specifically perpetual injunctions restraining the use of the trade name, manifestly demonstrated an intellectual property dispute relating to trademarks. Consequently, the suit was held to be triable exclusively by a Commercial Court.
Ramji Lal Agarwal v.Sourav Agarwal
This appeal before the Calcutta High Court addressed whether a dispute over the use of the trade name 'Sindharam Sanwarmal' could be heard in a regular civil court or required a Commercial Court. The core issue revolved around classifying the conflict, which arose from a family arrangement concerning business goodwill, as a commercial dispute under the Commercial Courts Act, 2015. The court ultimately held that since the reliefs sought involved perpetual injunctions restraining the use of the trade name, the matter squarely fell within the purview of intellectual property rights and thus constituted a Commercial Suit.
Archian Foods Private Limited v.Chaudhary Beverage & Ors.
The Delhi High Court issued a series of orders in the trademark infringement suit filed by Archian Foods Private Limited against Chaudhary Beverage & Ors. The court granted several procedural exemptions to the Plaintiff, including waiving pre-institution mediation due to the urgency of interim relief. Crucially, the court allowed the Plaintiff to seek an interim injunction through the appointment of a Local Commissioner, enabling site inspection and seizure of infringing products related to the 'LAHORI ZEERA' brand.
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