FMCG — India Trademark Cases
551 decisions indexed
Page 2 of 19 · 551 total
Tata Sons Private Limited & Anr. v.Sohel Iliyasbhai Dantroliya
The Delhi High Court addressed several procedural applications in the trademark infringement suit filed by Tata Sons against Sohel Iliyasbhai Dantroliya. Crucially, the court granted an interim injunction and permitted the appointment of a Local Commissioner to inspect and seize infringing goods (VITA GLUCO+) bearing deceptively similar packaging to TATA GLUCO+. The order also provided procedural relief to the plaintiffs regarding extensions of time, exemption from pre-institution mediation, and permission to file additional documents.
Kbm Foods Private Limited v.Ajay Yadav Trading As Sourav Masala Company
The Delhi High Court issued a comprehensive order in the trademark infringement suit filed by Kbm Foods Private Limited against Ajay Yadav Trading As Sourav Masala Company. The court granted several procedural exemptions, including waiving pre-institution mediation due to the urgency of the matter. Crucially, the court directed the appointment and execution of a Local Commissioner to seize goods bearing allegedly infringing marks, thereby providing immediate interim relief to the plaintiff while the main suit proceeds.
Bisleri International Private Limited v.Yogesh Chaurasia
The Bombay High Court granted an interim injunction in favor of Bisleri International Private Limited against Yogesh Chaurasia. The court found prima facie evidence that the defendant was passing off their packaged drinking water as being associated with the plaintiff. Specifically, the judge noted that the defendant's mark 'BRISLEI,' labels (OXY FINE and BILIFE), bottle design/shape, and even the green cap were substantially similar to Bisleri's distinctive trade dress. This ruling provides immediate protection to Bisleri while the main suit proceeds.
Energy Beverages Pvt. Ltd. v.Flora Beverages India Pvt Ltd
In a commercial IP suit concerning energy beverages, the Bombay High Court allowed the plaintiff's request to consolidate multiple claims. The court granted leave for Energy Beverages Pvt. Ltd. to combine its cause of action for passing off with those related to trademark and copyright infringement. This procedural step allows the parties to address all facets of their intellectual property dispute within a single legal framework, paving the way for further substantive hearings.
X v.Y
The Delhi High Court granted an interim injunction in favor of the Plaintiff (X) against the Defendant (Y), who was accused of manufacturing and selling imitation nutrition supplements. The court recognized the Plaintiff's rights across multiple IP domains, including registered trademarks ('WELLVERSED', 'WELLCORE'), house marks, and copyright subsisting in the product packaging/labels. Furthermore, the court granted several procedural exemptions to facilitate urgent investigation via a Local Commissioner.
Dilesh Raj Borana F.U.F. v.M/S Udhog Mandir
The Rajasthan High Court upheld a lower court's decision regarding the territorial jurisdiction for a trademark infringement suit. The petitioner challenged the rejection of their application to return/reject the plaint, arguing that the cause of action did not arise in Bikaner. However, the High Court ruled that Section 134(2) of the Trademarks Act, 1999 provides a special rule allowing an infringement suit to be filed where the plaintiff resides or carries on business, even if the cause of action is elsewhere. Consequently, the writ petition was dismissed.
Suresh Gulwani and Others v.M/S Dammani Brothers Through Partner Shri Rajendra Dammani
The Madhya Pradesh High Court granted a stay on an earlier Commercial Court order that had restricted the manufacturing, selling, and advertising activities under the 'SWAD GOLD' trademark. The petitioners argued that the restriction was causing immediate irreparable business loss, halting their entire operations and preventing them from selling existing stock. Given the prima facie case of injury, the High Court decided to stay the operation of the restrictive order until further hearing.
Honasa Consumer Limited v.Cloud Wellness Private Limited & Anr.
Honasa Consumer Limited sought an interim injunction against Cloud Wellness Private Limited, alleging infringement of its trade dress and passing off. The Delhi High Court dismissed the application, noting that the issues of originality, prior use, and distinctiveness of the 'Subject Trade Dress' are complex factual questions requiring a full trial. Given the prolonged market co-existence between both parties, the court found no compelling case for granting an immediate injunction.
Asian Paints Limited v.Galaxy Paints Private Limited
The Bombay High Court granted Asian Paints Limited leave to combine its claims for trademark/copyright infringement with passing off against Galaxy Paints Private Limited. The court found that the plaintiff had made out a prima facie case of passing off, noting the deceptive similarity between the 'TRACTOR SHYNE' and 'MAGIC TOUCH' trade dresses. Furthermore, the Court issued an interim injunction restraining the defendant from manufacturing or selling products using similar branding until the suit is finally disposed of.
Dominos Ip Holder Llc & Anr v.Mr. Jaideep Singh Gusain & Ors
The Delhi High Court granted an ad-interim injunction in favor of Dominos Ip Holder Llc, restraining certain online entities (Defendants 9 and 10) from using marks deceptively similar to 'Domino's Pizza'. Furthermore, the court directed major aggregators, Zomato and Swiggy, to immediately take down specific listings containing infringing variations. This order establishes a strong preliminary stance against trademark infringement in the digital marketplace, while simultaneously setting out procedural steps for the full trial.
Ms. Drools Pet Food Private Ltd v.Registrar Of Trademarks & Anr.
The Delhi High Court issued procedural directions in the trademark opposition case filed by Ms. Drools Pet Food Private Ltd against the Registrar of Trademarks. Despite ongoing mediation efforts, the court set a timeline for the respondents to file their replies within six weeks, followed by rejoinders. The matter is scheduled for further hearing and completion of pleadings.
M/S Esme Consumers Pvt Ltd v.Rikesh Tiwari Trading As All In One Traders & Anr.
The Delhi High Court granted the plaintiff, M/S Esme Consumers Pvt Ltd, interim relief in its suit against Rikesh Tiwari Trading As All In One Traders. The court recognized the strength of the 'BLUE HEAVEN' brand, noting its long history since 1972 and extensive portfolio of registered trademarks and copyrights across various cosmetic product lines. Crucially, the court directed the defendants to immediately take down listings of impugned products on major e-commerce platforms like Meesho and Amazon, affirming the plaintiff's rights against online infringement.
Kaira District Cooperative Milk Producers Union Ltd & Anr. v.M/S Amul Industries Pvt Ltd
The Gujarat High Court addressed an appeal challenging a previous rejection of an injunction application in a trademark/passing off dispute between Kaira District Cooperative Milk Producers Union Ltd and M/S Amul Industries Pvt Ltd. Recognizing the suit's commercial nature and high valuation (around 10 Crores), the court directed that the matter be treated as a commercial suit under the Commercial Courts Act, 2015. Furthermore, it mandated the Trial Court to expedite the trial process and aim for a final decision by March 31, 2027.
Nitin Maheshwari And Anr v.Patanjali Foods Limited
The Delhi High Court addressed a procedural matter in an ongoing trademark infringement suit filed by Patanjali Foods Limited. The petitioners sought to challenge a previous dismissal order, which was related to their application under Section 151 CPC. Recognizing the core dispute involves trademark rights (infringement and passing off), the court directed that the petition be re-registered as CM(M)-IPD to ensure proper classification within the Intellectual Property Division of the High Court.
Zepto Private Limited & Anr. v.Owner Of Domain Name Zeptonowindia.Com & Ors.
In this trademark infringement suit, Zepto Private Limited sought an interim injunction against domain name holders. The court proceeded with the initial stages of litigation, granting several procedural reliefs to the plaintiffs, including exemption from pre-litigation mediation due to the urgency of the matter. While the core dispute over trademark rights and domain squatting remains pending, the court has set out a detailed schedule for service of summons and filing pleadings.
Jain Shikanji Private Limited v.Satish Kumar Jain
This Delhi High Court order addresses an appeal challenging a prior injunction against the use of the trademark 'Jain Shikanji'. The court found evidence suggesting continued infringement, despite assurances from the appellant. Consequently, the court mandated that Jain Shikanji Private Limited provide detailed affidavits regarding its current branding and bank account usage, while immediately ceasing the use of the disputed mark on digital payment platforms like UPI.
Sushil Kumar T/A Da Polo & Anr. v.The Polo/ Lauren Company L.P.
This appeal challenged a lower court's decision that rejected an application to dismiss a suit based on lack of jurisdiction. The respondent, holding registered trademarks like POLO, sued the petitioners (Da Polo) for infringement and passing off related to their use of similar marks online. The Delhi High Court upheld the Commercial Court's order, finding that since both parties were conducting business through interactive websites and e-commerce platforms within the court's jurisdiction, a valid cause of action existed.
Pidilite Industries Ltd. v.Vilas Nemichand Jain
The Bombay High Court allowed Pidilite Industries Ltd. to amend its original suit, which was initially filed for passing off. The plaintiffs sought to introduce claims for trademark infringement after successfully registering their mark during the pendency of the trial. The court ruled that the proviso to Order VI Rule 17 of the CPC would not apply in this case, noting that allowing the amendment would prevent multiplicity of proceedings. This decision allows the suit to evolve and incorporate stronger IP protections.
Energy Beverages Pvt Ltd v.Ekadanta Packaged Drinking Water and Others
The petitioner filed a Leave Petition seeking to combine causes of action related to passing off and trademark infringement against the respondents. The plaintiff claimed ownership of the mark 'CLEAR' and proprietary rights over its artistic label and bottle shape, arguing that the defendant's use of 'CLEAR GOLD' amounted to infringement and passing off.
Mr. Piruz Khambatta & Anr. v.Franchise India Brands Limited & Anr.
The Delhi High Court addressed an application concerning the alleged contempt of a prior injunction order. The Plaintiffs asserted that the Defendants continued using the trademarks 'Rasna' and 'Rasna Buzz' despite the expiration of their Master License Agreement (MLA). While the court noted the dispute over a purported new agreement, it primarily directed the Defendants to file their reply within two weeks. Crucially, the Court reiterated that the existing injunction order must be strictly complied with.
Moti Mahal Delux Management Services Pvt Ltd v.M/S Doyir Eshi & Anr.
The Delhi High Court granted an interim injunction in favor of Moti Mahal Delux Management Services against its ex-franchisee, M/S Doyir Eshi & Anr. The court found that the defendant was willfully infringing upon the Plaintiffs' well-known and registered trade marks, specifically 'Moti Mahal' and 'Tandoori Trail'. The order immediately restrained the defendant from using confusingly similar marks in their restaurant business and mandated the removal of all impugned references from public platforms.
Lotus Herbals Private Limited v.Nishtu Enterprises & Ors.
The Delhi High Court allowed Lotus Herbals Private Limited to implead a new entity, Jhalak Cosmetics Store, as a defendant in its trademark infringement suit. This decision was based on the plaintiff's discovery that the new store was selling counterfeit products using the infringing 'LOTUS' mark and trade dress. Furthermore, the court extended the existing interim injunction to this newly added defendant and granted extensive powers to a Local Commissioner to conduct search, seizure, and document examination at the premises of the infringer.
Ram Roop Singh Trading As M/S Durga Trading Co. v.Girjesh Singh Trading As M/S Murli Trading Co.
Ram Roop Singh Trading As M/S Durga Trading Co. filed a commercial suit against Girjesh Singh Trading As M/S Murli Trading Co., alleging infringement of trademarks and copyrights related to edible products. The Delhi High Court addressed several interlocutory applications, granting the plaintiff exemption from pre-litigation mediation due to the potential health risks associated with substandard goods. Furthermore, the court condoned a delay in re-filing the suit, allowing the main plaint seeking permanent injunction for infringement to be registered and listed before the court.
Lt Foods Limited v.Murli Flour Mills P Ltd
Lt Foods Limited successfully secured an interim injunction against Murli Flour Mills P Ltd in the Delhi High Court. The plaintiff, a major player in the rice and food category, alleged that the defendant was infringing its registered trademarks 'DAAWAT' and 'DAWAT' by using an identical mark for premium 'Jeera'. The court found a prima facie case of infringement and passing off, granting immediate relief to prevent consumer confusion while the suit proceeds.
Moti Mahal Delux Management Services Pvt Ltd v.M/S. Soni Hospitality Services & Anr.
The Delhi High Court decreed a trademark infringement suit between Moti Mahal Delux Management Services and Soni Hospitality Services based on an amicable settlement. The defendant acknowledged the plaintiff's registered trademarks ('Moti Mahal', 'Tandoori Trail') and agreed to cease all use of confusingly similar marks, hand over promotional materials, and adhere strictly to the terms of a new franchise agreement. This judgment highlights how parties can resolve complex IP disputes through negotiated settlements.
Pawan Kumar Mittal Proprietor, Salasar Dev Basmati House v.Vijay Gupta & Ors.
The Delhi High Court overturned a District Judge's refusal to grant an ex parte ad interim injunction in a trademark infringement case. The court held that the lower court failed to provide any reasoning for its disinclination, which is legally unsustainable when addressing such urgent relief. Citing precedent regarding passing off and infringement, the High Court emphasized the necessity of immediate action, including appointing a Local Commissioner, if a prima facie case exists.
Chet Chamnitiravanich v.Organovedics Through Its Partners Ms. Sonia and Mr. Nitin Gangadhar and Ors
In a significant ruling concerning trademark infringement, the Delhi High Court granted crucial interim relief to the plaintiff, Chet Chamnitiravanich. The court allowed the appointment of Local Commissioners to conduct an inventory and seize counterfeit 'MENA' soap products being manufactured and exported by the defendants. Furthermore, recognizing the urgency of stopping counterfeiting, the court exempted the plaintiff from mandatory advance service requirements against key defendants.
S.G.R. (777) Foods Pvt Ltd v.H.R.Marketing
S.G.R. (777) Foods Pvt Ltd successfully secured a judgment against H.R.Marketing in the Madras High Court regarding alleged infringement and passing off related to their product label and trade dress. Although the suit involved claims under both Copyright Act and Trade Marks Act, the parties reached a memorandum of compromise. The court decreed the suit based on this settlement, granting permanent injunctions and ordering the destruction of all infringing materials.
Moti Mahal Delux Management Services Pvt Ltd & Ors. v.M/S Jai Maa Vaishnao Brick Field & Anr
The Delhi High Court granted interim relief in favor of Moti Mahal Delux Management Services against Jai Maa Vaishnao Brick Field. The court found a prima facie case for trademark and copyright infringement, noting that the defendant continued using protected marks ('Moti Mahal') and associated artistic elements despite the termination of a franchise agreement. Consequently, the court issued a strong injunction directing the defendant to immediately cease use of the impugned marks across all platforms, including menus, invoices, and social media websites.
El Baik Food Systems Co Sa v.M/S. Albaik Foods Trading Private Limited & Ors.
The Delhi High Court issued an order in a dispute between El Baik Food Systems Co Sa and M/S. Albaik Foods Trading Private Limited regarding trademark, color combination, and packaging. The court noted that the defendants were preparing to file their written statement and would seek instructions on the reliefs sought by the plaintiff. Consequently, the matter was scheduled for renotification on August 5, 2025, indicating ongoing litigation.
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