Industry Sector

FMCG — India Trademark Cases

913 decisions indexed

Page 21 of 31 · 913 total

trademark defendant favorable · Aug 30, 2019

M/S Ever Bake v.M/S Everbake Bakers Private Ltd.

Delhi High Court · 72525377

The Delhi High Court dismissed M/S Ever Bake's petition challenging the rejection of its application to dismiss a trademark infringement suit. The respondent, M/S Everbake Bakers Private Ltd., had filed a suit claiming violation of their registered 'EVER BAKE' trademark. Although the petitioner argued lack of territorial jurisdiction because they operated in Assam, the Court upheld the trial court's decision. Citing Section 134 of the Trademarks Act and relevant Supreme Court precedents, the High Court found that since the respondent's registered office was in Delhi, the suit was correctly filed within the proper jurisdiction.

trademark plaintiff favorable · Aug 29, 2019

Cargill India Pvt Ltd v.Gati Ltd

Delhi High Court · 74405910

The Delhi High Court allowed Cargill India Pvt Ltd's application to frame an issue concerning the validity of Gati Ltd's registered trademark, 'GATI Nature Fresh Apples.' Despite Gati Ltd arguing that Cargill was barred by limitation due to prior knowledge of the registration, the court rejected these objections. The judgment clarified the procedural mechanism under Section 124 of the Trademarks Act, allowing the plaintiff time to pursue rectification proceedings before the IPAB, thereby keeping the core validity question alive in the litigation.

trademark plaintiff favorable · Aug 20, 2019

M/s.Aachi Masala Foods (P) Ltd. v.HOTEL NAMMA AACHI

Madras High Court · 61547228

The Madras High Court ruled in favor of M/s. Aachi Masala Foods (P) Ltd., finding that the defendant's use of 'HOTEL NAMMA AACHI' constituted both trademark infringement and passing off. The court determined that the defendant adopted a name visually and phonetically similar to the plaintiff's well-known mark, AACHI, with malicious intent to capitalize on the plaintiff's goodwill. Consequently, the suit was decreed, granting permanent injunctions and awarding costs to the plaintiffs.

trademark plaintiff favorable · May 30, 2019

Unilever Plc. v.Punjab Food Products

Bombay High Court · 137238409

Unilever Plc. filed suit against Punjab Food Products alleging infringement and passing off concerning its registered trade mark, FEAST. The Bombay High Court decreed the suit, granting perpetual injunctions against the defendant regarding the use of 'Choco FEAST' on frozen desserts. Furthermore, the Defendant was ordered to deliver up all infringing materials for destruction and agreed to pay Rs. 2 Lacs towards costs/damages.

trademark plaintiff favorable · May 27, 2019

Unilever Plc v.L. N. Ice Mill

Bombay High Court · 85137446

Unilever Plc filed a commercial IP suit against L. N. Ice Mill alleging infringement and passing off related to its trade mark 'FEAST'. The court granted perpetual injunctions restraining the defendant from manufacturing or selling products under the impugned mark 'CHOCO FEAST' or any deceptively similar mark, and ordered the destruction of all infringing materials.

trademark plaintiff favorable · May 27, 2019

Unilever Plc v.Kanha Dairy and Food Products

Bombay High Court · 121854913

Unilever Plc filed a commercial IP suit against Kanha Dairy and Food Products alleging infringement and passing off related to the 'FEAST' trademark. The court granted leave under the Letters Patent Act, decreed the suit in favor of Unilever, and issued perpetual injunctions against the defendant.

trademark plaintiff favorable · May 27, 2019

Unilever Plc v.Kanha Dairy and Food Products

Bombay High Court · 34961208

Unilever Plc filed a commercial IP suit against Kanha Dairy and Food Products alleging infringement and passing off related to the 'FEAST' trade mark. The court granted leave, decreed the suit, and issued perpetual injunctions restraining the defendant from using the impugned mark on their ice-creams and frozen desserts.

trademark plaintiff favorable · May 27, 2019

Unilever Plc v.L. N. Ice Mill

Bombay High Court · 118873191

Unilever Plc filed a commercial IP suit against L. N. Ice Mill alleging infringement and passing off related to its trade mark 'FEAST'. The court granted leave under the Letters Patent Act and decreed the suit, issuing perpetual injunctions against the use of the impugned mark 'CHOCO FEAST' and ordering the destruction of infringing materials.

trademark plaintiff favorable · May 27, 2019

Unilever Plc v.L. N. Ice Mill

Bombay High Court · 24884950

Unilever Plc filed a commercial IP suit against L. N. Ice Mill alleging infringement and passing off concerning its registered trade mark, FEAST. The court granted leave under the Letters Patent Act and decreed the suit in favor of Unilever.

trademark plaintiff favorable · May 27, 2019

Unilever Plc v.Kanha Dairy and Food Products

Bombay High Court · 166229056

Unilever Plc filed a Commercial IP Suit against Kanha Dairy and Food Products alleging infringement and passing off related to the 'FEAST' trademark. The court granted leave under the Letters Patent Act and decreed the suit, restraining the defendant from using the infringing mark and ordering the destruction of all related materials.

trademark plaintiff favorable · May 24, 2019

Unilever Plc v.Deluxe Ice Cream Factory

Bombay High Court · 71274034

Unilever Plc filed a suit against Deluxe Ice Cream Factory alleging infringement and passing off related to its well-known trademarks, specifically FEAST and CORNETTO. The court granted perpetual injunctions restraining the defendant from using deceptively similar marks like CHOCO FEAST, CONATTO, and CONETO in relation to ice creams and frozen desserts.

trademark plaintiff favorable · May 20, 2019

Unilever Plc. v.Masqati Dairy Products

Bombay High Court · 56636979

Unilever Plc. filed a commercial IP suit against Masqati Dairy Products alleging infringement and passing off related to its trade mark 'FEAST'. The court granted leave and decreed the suit, restraining the defendant from using the similar mark 'CHOCO FEAST' in relation to frozen desserts.

trademark plaintiff favorable · May 20, 2019

Unilever Plc. v.Masqati Dairy Products

Bombay High Court · 89687392

Unilever Plc. filed a commercial IP suit against Masqati Dairy Products regarding the alleged infringement and passing off related to its registered trade mark 'FEAST'. The court granted leave under Clause XIV of the Letters Patent Act and decreed the suit in favor of Unilever.

trademark plaintiff favorable · May 13, 2019

Unilever Plc v.Preeti Ice Creams

Bombay High Court · 112270308

Unilever Plc filed a commercial IP suit against Preeti Ice Creams alleging infringement and passing off related to the trade mark 'FEAST'. The Bombay High Court granted leave under the Letters Patent Act and decreed the suit in favor of Unilever.

trademark interim order · May 13, 2019

Hindustan Unilever Ltd. v.Mak Traders

Bombay High Court · 69510312

This notice of motion pertains to an ongoing Commercial IP Suit where Hindustan Unilever Ltd. sought protection for its distinctive SURF EXCEL trade dress against Mak Traders' competing detergent products. The court granted an ad-interim injunction restraining the defendant from using any trade dress or mark deceptively similar to the Plaintiff's.

trademark plaintiff favorable · May 13, 2019

Unilever Plc v.Preeti Ice Creams

Bombay High Court · 125803637

Unilever Plc filed a commercial IP suit against Preeti Ice Creams alleging infringement and passing off related to the trade mark 'FEAST'. The court granted leave under the Letters Patent Act and decreed the suit, imposing perpetual injunctions on the defendant.

trademark plaintiff favorable · May 13, 2019

Unilever Plc v.Preeti Ice Creams

Bombay High Court · 167450722

Unilever Plc filed a commercial IP suit against Preeti Ice Creams alleging infringement and passing off related to the trade mark 'FEAST'. The Bombay High Court granted leave under the Letters Patent Act and decreed the suit in favor of Unilever.

trademark interim order · May 9, 2019

Hindustan Unilever Limited v.Mak Traders

Bombay High Court · 199931077

Hindustan Unilever Limited filed a Commercial IP Suit against Mak Traders alleging infringement and passing off related to their detergent preparations. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an ad-interim injunction.

trademark interim order · May 7, 2019

Asian Paints Limited v.Rainbow Colours Co. and others

Bombay High Court · 120231871

Asian Paints Limited filed a Commercial IP Suit against Rainbow Colours Co. and others alleging infringement of its distinctive trademarks and trade dress related to wall primers. The Bombay High Court granted leave under the Letters Patent Act and passed an order granting an interim injunction.

trademark interim order · May 7, 2019

Asian Paints Limited v.Phinex Paints and Polychem Industries

Bombay High Court · 47281048

Asian Paints Ltd filed a Commercial IP Suit against Phinex Paints and Polychem Industries alleging trademark infringement and passing off. The Bombay High Court granted leave under the Letters Patent Act and passed an order granting an interim injunction.

trademark plaintiff favorable · May 2, 2019

Metro Brands Limited v.Reliance Retail Limited

Bombay High Court · 161536554

The Bombay High Court passed an order by consent in a Commercial IP Suit concerning trademark infringement and passing off. The court granted permanent injunctions against Defendant Nos. 1 and 2, restraining them from infringing or passing off the Plaintiff's registered METRO marks. Additionally, Defendants Nos. 1 and 2 were directed to pay costs of Rs. 10 Lakhs.

trademark plaintiff favorable · Apr 22, 2019

Hindustan Unilever Limited v.Shree Shyam Udyog and Ors.

Bombay High Court · 193207514

Hindustan Unilever Limited filed a commercial IP suit against Shree Shyam Udyog for infringement and passing off. The court granted leave under Clause XIV of the Letters Patent Act and decreed the suit, granting permanent injunctions.

trademark defendant favorable · Apr 12, 2019

Speciality Restaurants Limited v.Deepika Hospitalities Pvt.Ltd.

Bombay High Court · 141965828

Speciality Restaurants Limited filed a suit against Deepika Hospitalities Pvt. Ltd. regarding alleged trademark infringement. The court disposed of the suit and notice of motion based on minutes of order, accepting undertakings from the defendants.

trademark mixed · Apr 5, 2019

D. Baskaran v.The Deputy Registrar Of Trade Marks & The Registrar of Trade Marks

Madras High Court · 27167265

This Madras High Court judgment addressed a dispute over the lapsed registration of the 'TAJMAHAL' trade mark. The petitioner sought directions to compel the Trade Mark Registry to accept his renewal application, which had been refused due to the lapse of time. The court ruled that mere expiration is insufficient for removal; the statutory procedure, specifically issuing Form O-3 notice under Section 25(3) of the Trade Marks Act, must be followed scrupulously before a mark can be removed from the register.

trademark interim order · Apr 1, 2019

Donato Styling Products v.Celine Health Care Private Limited

Bombay High Court · 122366374

Donato Styling Products filed a Commercial IP Suit alleging trademark infringement and passing off by Celine Health Care Private Limited. The court granted leave to the petitioner and subsequently passed an interim order granting a temporary injunction against the defendants regarding the use of similar trademarks.

trademark mixed · Mar 29, 2019

Supreme Agrofoods Pvt. Ltd. v.Union Of India

Delhi High Court · 169734882

Supreme Agrofoods Pvt. Ltd. sought judicial direction from the Delhi High Court to compel the Union of India (Trademark Registry) to accept the renewal and/or restoration of its registered trademark, No. 1235463. The court disposed of the writ petition by allowing the petitioner a four-week window to submit the necessary renewal request along with the required restoration fee. This order clarifies that once submitted, the Trademark Registry will consider the application according to law.

trademark interim order · Mar 26, 2019

Hindustan Unilever Limited v.Jms Industries

Bombay High Court · 57102240

Hindustan Unilever Limited filed a Commercial IP Suit against JMS Industries concerning trademark infringement and passing off related to detergent preparations. The court granted leave under Clause XIV of the Letters Patent Act and issued an interim injunction restraining the defendant from using the mark SARAF or the SPLAT Device in connection with similar goods.

trademark interim order · Mar 26, 2019

Hindustan Unilever Limited v.Jms Industries

Bombay High Court · 442439

Hindustan Unilever Limited filed a Commercial IP Suit against JMS Industries regarding alleged trademark infringement and passing off related to detergent products. The court granted leave under Clause XIV and issued an interim injunction restraining the Defendant from using the mark SARAF or the SPLAT Device in relation to its detergent preparations.

trademark defendant favorable · Mar 26, 2019

Surya Food And Agro Limited v.Om Traders & Anr.

Delhi High Court · 83761276

The Delhi High Court dismissed Surya Food And Agro Limited's suit against Om Traders and others, which alleged passing off based on similar packaging trade dress. The court found that despite the plaintiff's claims regarding distinctive packaging for 'BUTTER DELITE,' there was no sufficient similarity or likelihood of confusion with the defendant's product, 'BUTTER KRUNCH.' The judgment emphasized consumer perception principles (Gestalt Psychology), concluding that consumers recall products holistically rather than focusing on minute details of the packaging.

trademark interim order · Mar 25, 2019

Hindustan Unilever Limited v.Burdwan Soap Works

Bombay High Court · 195698438

Hindustan Unilever Limited filed a Commercial IP Suit against Burdwan Soap Works alleging trademark infringement and passing off related to their detergent powder products. The court granted an interim order, reinforcing existing reliefs and issuing further restraints on the Defendant's business practices.

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