Industry Sector

FMCG — India Trademark Cases

913 decisions indexed

Page 22 of 31 · 913 total

trademark mixed · Mar 25, 2019

Roopak Stores Pvt. Ltd. v.Roopaks Pik-N-Pay

Delhi High Court · 47486622

The Delhi High Court addressed an injunction application filed by Roopak Stores Pvt. Ltd. against Roopaks Pik-N-Pay regarding alleged trademark infringement of 'ROOPAK'. While the plaintiffs sought a complete restraint, the court acknowledged the defendants' long-standing use of the mark since 1994 and noted unexplained delay in filing the suit (2017). Consequently, instead of granting an outright injunction, the Court ordered the defendants to cease using variants of the mark while simultaneously mandating them to file detailed accounts from 1993-94 to facilitate a fair trial.

trademark mixed · Mar 13, 2019

Lalit Kumar Arya & Anr. / Chaya Devi v.M/S Prabhat Zarda Factory International (Noida) / Family Members

Delhi High Court · 97734490

This Delhi High Court judgment addresses complex disputes over several family-owned trademarks, including 'RATNA' and 'PRABHAT ZARDA'. The core conflict revolves around the ownership of these marks following the death of the original proprietor, Sh. Lalit Kumar Arya, and subsequent assignment to his daughter-in-law, Smt. Chaya Devi. The court has directed that the validity of the trademark assignments and the enforcement of existing injunctions must be adjudicated during the trial, acknowledging the intricate family succession issues.

trademark plaintiff favorable · Mar 5, 2019

Hindustan Unilever Limited v.Dhananjay Gruh Udyog

Bombay High Court · 140371325

Hindustan Unilever Limited filed a Commercial IP Suit against Dhananjay Gruh Udyog alleging infringement and passing off related to its registered 'SPLAT device mark'. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and decreed the suit in favor of the Plaintiff. The court issued perpetual injunctions restraining the defendant from using the infringing marks on detergent preparations and ordered the destruction of all bearing goods.

trademark plaintiff favorable · Mar 5, 2019

Hindustan Unilever Limited v.Dhananjay Gruh Udyog

Bombay High Court · 90815627

Hindustan Unilever Limited filed a Commercial IP Suit against Dhananjay Gruh Udyog alleging infringement and passing off related to its registered 'SPLAT device mark'. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and decreed the suit in favor of the Plaintiff.

trademark plaintiff favorable · Feb 26, 2019

Dharampal Satyapal Sons Private Limited v.Mr. Gagan Varshney & Ors.

Delhi High Court - Orders · 27186220

The Delhi High Court granted an interim injunction in favor of Dharampal Satyapal Sons Private Limited against Mr. Gagan Varshney & Ors., finding a prima facie case of trademark infringement and passing off. The court observed that the defendants were using the deceptively similar mark 'PULSER' and identical trade dress for candies, which infringed upon the plaintiff's registered trademark PULSE and its associated artistic packaging. This protective order prevents the defendants from manufacturing or selling products under the infringing marks until further orders.

trademark interim order · Feb 25, 2019

Unilever Plc. v.Lucky Products

Bombay High Court · 58735147

Unilever Plc. filed a notice of motion seeking an interim order against Lucky Products for allegedly using a pirated trade dress and trademarks deceptively similar to VASELINE in their petroleum jelly products. The Bombay High Court granted the leave petition and issued a temporary injunction restraining the defendant from manufacturing, marketing, or selling such goods.

trademark interim order · Feb 25, 2019

Asian Paints Ltd. v.Micro Paints

Bombay High Court · 118234404

Asian Paints Ltd. filed a suit against Micro Paints alleging that the defendant was using pirated trade dress and marks deceptively similar to the plaintiff's label marks (TRUCARE) and trade dress (ULTRA DECO). The Bombay High Court granted an interim injunction restraining the defendant from manufacturing, marketing, or selling goods under such deceptive marks.

trademark plaintiff favorable · Feb 18, 2019

Hindustan Unilever Ltd. v.Tuba Chemical Works

Bombay High Court · 28357498

Hindustan Unilever Ltd. filed a Commercial IP Suit against Tuba Chemical Works alleging infringement and passing off related to its registered trademarks in Class 03. The Bombay High Court granted leave under the Letters Patent Act, decreed the suit, and issued permanent injunctions against the defendant.

trademark plaintiff favorable · Feb 18, 2019

Hindustan Unilever Ltd. v.Tuba Chemical Works

Bombay High Court · 108007328

Hindustan Unilever Ltd. filed a Commercial IP Suit against Tuba Chemical Works alleging infringement and passing off related to its registered trademarks in Class 03. The court granted leave under the Letters Patent Act, decreed the suit, and issued permanent injunctions against the defendant.

trademark plaintiff favorable · Feb 18, 2019

Hindustan Unilever Ltd. v.Tuba Chemical Works

Bombay High Court · 62896878

Hindustan Unilever Ltd. filed a Commercial IP Suit against Tuba Chemical Works alleging infringement and passing off related to its registered trademarks in Class 03. The Bombay High Court granted leave, decreed the suit, and issued permanent injunctions restraining the defendant from using similar logos or marks on detergent powder.

trademark plaintiff favorable · Feb 15, 2019

Hindustan Unilever Limited v.H. R. Chemical

Bombay High Court · 66312653

Hindustan Unilever Limited filed a commercial IP suit against H. R. Chemical alleging infringement of its registered trademarks (Nos. 1486109, 1780462, and 1486107) and passing off in relation to detergent powder. The Bombay High Court granted permanent injunctions restraining the defendant from using identical or deceptively similar logos.

trademark defendant favorable · Feb 15, 2019

Rajendra Singh Shekawat v.M/S Shrinath Heritage Liquor Pvt Ltd

Rajasthan High Court - Jaipur · 117371033

The Rajasthan High Court dismissed the appeal filed by Rajendra Singh Shekawat against an order that denied a temporary injunction. The plaintiff, holding registered trademarks MAHARAJA MAHANSAR and MAHARANI MAHANSAR, alleged infringement by the defendant's use of 'Mahansar D.J. Special.' While the court acknowledged the similarity in the word 'MAHANSAR,' it held that determining whether this commonality constitutes deceptive similarity or infringement is a complex question of fact requiring evidence from a regular trial. Consequently, the appeal was dismissed, but the defendant was directed to provide production and sales accounts to facilitate potential restitution if the plaintiff succeeds later.

trademark plaintiff favorable · Feb 11, 2019

Marico Limited v.Mahajan Group Of Industries & Ors.

Delhi High Court - Orders · 150670596

The Delhi High Court granted an interim injunction in favor of Marico Limited against Mahajan Group Of Industries & Ors. The court found a prima facie case of infringement and passing off regarding the plaintiff's 'SAFFOLA Oats' brand. Given that the defendants were allegedly selling oats with packaging deceptively similar to SAFFOLA, the court restrained them from manufacturing or distributing the competing product, 'NUTRI DELITE OATS,' until further orders.

trademark plaintiff favorable · Feb 5, 2019

H & M Hennes & Mauritz Ab & Anr. v.Hnm Traders & Anr.

Delhi High Court - Orders · 193485634

The Delhi High Court granted an interim injunction in favor of Hennes & Mauritz (H&M) against Hnm Traders. The court found a prima facie case of trademark infringement and passing off, noting that the defendants' adoption of 'HnM' was nearly identical to H&M's distinctive style and color schemes. This order prevents the defendant from using any confusingly similar marks or applying for registration until further orders.

trademark interim order · Jan 28, 2019

Procter And Gamble Home Products Pvt. Ltd. v.Kani Soap Works

Bombay High Court · 152200491

The Plaintiff filed a Commercial IP Suit alleging that the Defendant was using the Plaintiff's trade dress and label on detergent powder with clear intent to infringe the mark and pass off goods. The Court granted leave under Clause XIV of the Letters Patent Act and passed an ad-interim order restraining the Defendant from using the ARIEL ATOMIUM and TIDE marks/trade dress pending final disposal of the suit.

trademark plaintiff favorable · Jan 28, 2019

Hindustan Unilever Ltd. v.J.K.Enterprises

Bombay High Court · 6183154

Hindustan Unilever Ltd. filed a Commercial IP Suit against J.K.Enterprises regarding trademark infringement related to detergent powder. The Bombay High Court granted leave and passed an order restraining the Defendant from manufacturing, marketing, or selling goods using marks similar to the Plaintiff's distinctive trademarks WHEEL and Device of SPLAT.

trademark interim order · Jan 24, 2019

Hindustan Unilever Ltd. v.Nashirbhai Mohmedali Mansuri And Anr

Bombay High Court · 19960724

Hindustan Unilever Ltd. filed a Commercial IP Suit against Nashirbhai Mohmedali Mansuri and others alleging infringement of its well-known trademark 'Vim', associated logos, and trade dress. The court granted the leave petition and passed an interim order.

trademark plaintiff favorable · Jan 21, 2019

M/S Khushi Ram Behari Lal (later M/s. KRBL Ltd.) v.M/S Jaswant Singh Balwant Singh

Delhi High Court · 198861587

The Delhi High Court set aside a previous decision by the Intellectual Property Appellate Board, favoring the petitioner in a trademark dispute over the 'TRAIN BRAND.' The court found that the respondent failed to prove prior use of the mark, particularly noting discrepancies and alleged forgery in the invoices presented. Consequently, the application for registration of the 'TRAIN' brand for basmati rice was allowed to proceed.

trademark mixed · Jan 7, 2019

Reckitt Benckiser (India) Private Limited v.Patanjali Ayurved Limited

Delhi High Court - Orders · 20319436

The Delhi High Court addressed a suit filed by Reckitt Benckiser against Patanjali Ayurved concerning alleged trademark infringement, passing off, and unfair trade practices related to toilet cleaner advertisements. The core dispute centered on misleading claims made in both original and revised advertisements regarding the use of hydrochloric acid and product naturalness. While the plaintiff sought to challenge the defendant's revised advertisement, the Court permitted Reckitt Benckiser to amend its plaint, allowing the litigation to proceed while preserving the rights of Patanjali Ayurved.

trademark plaintiff favorable · Dec 21, 2018

Hotel Panchavati And Anr. v.Hotel Panchavati Pure Veg Family Restaurant and Ors.

Bombay High Court · 177783496

The suit was filed regarding the infringement and passing off of the Plaintiff's registered trade marks, PANCHAVATI / PANCHAVATI GAURAV. The Bombay High Court granted leave to the plaintiffs and decreed the suit, issuing a perpetual injunction against the defendants.

trademark plaintiff favorable · Dec 12, 2018

Mr.A.D.Padmasingh Issac Trading as Aachi Spices and Foods / M/s.Aachi Masala Foods (P)Ltd. v.Nutriyes Healthcare Pvt Ltd

Madras High Court · 27114773

Aachi Spices and Foods filed a civil suit alleging that Nutriyes Healthcare Pvt Ltd was infringing upon its copyright and passing off its brand, 'AACHI RAGI FLOUR.' The plaintiff sought permanent injunctions against the unauthorized use of similar marks on ragi flour products. After establishing jurisdiction and presenting ex-parte evidence, the court found in favor of the plaintiffs, granting injunctive reliefs and directing the surrender of infringing materials. Furthermore, given the defendant's failure to appear despite being duly served, the court awarded significant compensatory costs.

trademark interim order · Dec 10, 2018

Hindustan Unilever Limited v.Reva Sree Industries

Bombay High Court · 107460048

Hindustan Unilever Limited filed a Notice of Motion against Reva Sree Industries alleging infringement of its trademarks (OK and WHEEL) and passing off through the use of similar trade dress on detergent products. The court granted an ad-interim injunction restraining the defendant from using the infringing marks/trade dress pending final disposal.

trademark interim order · Dec 10, 2018

Unilever Plc. v.HAD Enterprises

Bombay High Court · 166325024

Unilever Plc. filed a suit alleging that Had Enterprises was violating its trademarks (LAKME, LAKME EYECONIC, etc.) by selling products using deceptive marks and logos. The court addressed motions related to the investigation of these IP violations.

trademark interim order · Dec 4, 2018

Unilever Plc v.Glint Cosmetics Pvt. Ltd.

Bombay High Court · 101749425

The Plaintiffs, Unilever Plc, sought interim relief against the Defendant, Glint Cosmetics Pvt. Ltd., alleging infringement and passing off concerning their registered trademarks SUNSILK and CLEAR in the personal care industry. The court granted temporary injunctions restraining the defendant from using similar marks and ordered disclosure of relevant documents.

trademark plaintiff favorable · Nov 30, 2018

Asian Paints Ltd. v.A1 Colours Paints

Bombay High Court · 41898243

Asian Paints Ltd. filed a suit against A1 Colours Paints alleging infringement and passing off related to its registered trade marks APEX and ROYALE. The court granted leave under the Letters Patent Act and decreed the suit in favor of Asian Paints.

trademark interim order · Nov 30, 2018

Asian Paints Limited v.Agrasen Paints and Chemicals

Bombay High Court · 13988644

Asian Paints Limited filed a Notice of Motion seeking an injunction against Agrasen Paints and Chemicals for alleged infringement of the distinctive trade mark UTSAV and associated trade dress. The Bombay High Court granted the requested relief, restraining the Defendant from using similar marks or trade dresses in relation to paints and distemper pending the final hearing.

trademark plaintiff favorable · Nov 30, 2018

Asian Paints Ltd. v.A1 Colours Paints

Bombay High Court · 136296364

Asian Paints Ltd. filed a suit against A1 Colours Paints alleging infringement and passing off related to its trade marks APEX and ROYALE. The court granted leave under the Letters Patent Act and decreed the suit in favor of Asian Paints.

trademark plaintiff favorable · Nov 30, 2018

Asian Paints Ltd. v.A1 Colours Paints

Bombay High Court · 194544577

Asian Paints Ltd. filed a suit against A1 Colours Paints alleging infringement and passing off related to its registered trademarks, APEX and ROYALE. The court granted leave under the Letters Patent Act and decreed the suit in favor of Asian Paints, issuing perpetual injunctions against the defendant's use of similar marks (APEXS and ROYAL) on paint products.

trademark plaintiff favorable · Nov 27, 2018

Unilever Plc v.Golden Assam Tea Depot

Bombay High Court · 23424362

Unilever Plc filed an IP suit against Golden Assam Tea Depot for trademark infringement. The dispute centered on the defendant's use of the impugned trade mark "Sipton" and other deceptively similar marks in relation to tea products, which infringed upon Unilever's registered trademarks, particularly "Lipton".

trademark interim order · Nov 24, 2018

Hindustan Unilever Limited v.Reva Sree Industries

Bombay High Court · 108674427

Hindustan Unilever Limited filed an IP suit against Reva Sree Industries alleging that the latter was using a mark (OK WELL) and trade dress deceptively similar to HUL's established marks (OK and WHEEL) and packaging. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an ad-interim injunction.

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