FMCG — India Trademark Cases
913 decisions indexed
Page 26 of 31 · 913 total
Neo Milk Products Private Limited v.Neo Foods Private Limited
The Delhi High Court upheld an interim injunction favoring Neo Foods Private Limited (the registered trademark owner) against Neo Milk Products Private Limited. The court found that the plaintiff had established a reputation for its registered mark 'NEO' under Class 29, and the defendant's use of the identical mark in relation to milk products was likely to dilute the distinctive character of the original mark. Crucially, the court dismissed the defense of prior use (Section 34) because the appellant failed to provide prima facie evidence of continuous usage predating the plaintiff's registration.
Cargill India Pvt. Ltd. v.Quality Agro Mills Pvt. Ltd.
The Delhi High Court ruled in favor of Cargill India Pvt. Ltd., confirming the permanent injunction against Quality Agro Mills Pvt. Ltd. for trademark infringement and passing off. The court found that the defendant was illegally using a deceptively similar mark, thereby capitalizing on the goodwill established by 'Nature Fresh.' Furthermore, due to the defendant's deliberate evasion of court proceedings, the plaintiff was awarded damages amounting to Rs. 5.0 lacs.
Suresh Chand Purwar (Karta) v.Vivek Purwar & Ors.
This appeal challenged a trial court's decision to return a plaint under Order 7 Rule 10 CPC, which held that the Delhi courts lacked territorial jurisdiction over trademark infringement claims concerning 'HARI' and 'HARISONS'. The appellant argued that the trial court made a finding of fact on disputed sales without allowing parties to lead evidence. The High Court ruled in favor of the appellant, emphasizing that jurisdictional questions must be decided after both parties have had the opportunity to present their case through evidence.
M/s.Aachi Masala Foods (P) Ltd. v.Aachi Aappakadai Chettinad A/c Restaurant
The Madras High Court dismissed the applicants' requests for an interim injunction, ruling that the trademark 'AACHI' is a common Tamil word associated with Chettinad cuisine. The court held that since the mark was deemed common, the applicants could not prevent others from using it in their restaurant business unless they could prove secondary meaning through evidence during trial. While the respondent was allowed to use the name 'AACHI', they were prohibited from adopting the applicant's registered oval-shaped label mark.
Hindustan Unilever Limited v.Reckitt Benckiser India Limited
This appeal involved a dispute over alleged disparagement of Reckitt's DETTOL soap by an advertisement featuring HUL's LIFEBUOY soap. Reckitt contended that the ad intentionally tarnished its brand reputation, particularly regarding the distinctive shape and packaging of its product. The Delhi High Court examined the malicious intent behind the advertising campaign and upheld the permanent injunction against disparagement.
Satnam Overseas v.Sant Ram & Co.& Anr.
The Supreme Court upheld a Delhi High Court order that allowed the respondent to use the 'KOHINOOR' trademark across the entire state of Uttar Pradesh, despite the appellant's attempt to have the registration rectified due to alleged non-use. The court found no error in extending the geographical scope, noting that restricting usage to specific cities would create undue commercial and legal complications for the user. This judgment reinforces the principle that practical trade realities can override strict geographical limitations in trademark rights.
M/S. Pachranga International Pvt. Ltd. v.Union Of India & Ors.
The Delhi High Court dismissed a writ petition filed by M/S. Pachranga International Pvt. Ltd., which sought to overturn an Intellectual Property Appellate Board (IPAB) order directing the removal of its 'Pachranga International' trademark. The court found that due process was not followed in the alleged expulsion of a former partner, leading it to conclude that the petitioner could only use a modified version of the mark, not the original unregistered trademark. Furthermore, the court rejected the petitioner's claim regarding the validity of an assignment deed involving their wife.
Dandi Salt Pvt Ltd v.Indo Brine Industries Ltd.
This appeal challenged an order that granted injunction reliefs against Dandi Salt Pvt Ltd and its directors. The core dispute revolved around the alleged trademark infringement and passing off concerning the 'DANDI NAMAK' mark used for salt products. The Gujarat High Court ultimately allowed the appeal, quashing the trial court's order. The court noted significant issues regarding the plaintiff's conduct, including suppression of facts and filing multiple suits with identical causes of action.
Dabur India Ltd v.M/S Mughals Herbal Products & Anr
The Delhi High Court ruled in favor of Dabur India Ltd in a passing off suit against M/S Mughals Herbal Products. The court found that the defendant's rose water packaging was deceptively similar to the plaintiff's established 'DABUR GULABARI' trade dress, specifically noting similarities in color combination and overall configuration. Given Dabur's long-standing reputation, extensive advertising spend, and market presence, the court granted a permanent injunction, affirming the protection of distinctive trade dress under common law.
Eatman Foods India Private Limited v.M/s Savorit Ltd.
Eatman Foods India Private Limited appealed the dismissal of its injunction application against M/s Savorit Ltd., alleging infringement and passing off due to the phonetic and visual similarity between their trade marks ('Tastee Masala' vs 'TASTII'). The respondent argued that the products were different, and since only the label was registered, no exclusive right could be claimed over individual words. The High Court upheld the single judge's decision.
M/s.Vasudev Adigas Fast Food Pvt., Ltd. v.Mr. Radhakrishna Adiga
The Karnataka High Court addressed multiple writ petitions filed by M/s Vasudev Adigas Fast Food Pvt. Ltd. against Mr. Radhakrishna Adiga regarding the use of the 'Adigas' trademark. The petitioners sought an ad-interim injunction to prevent infringement, challenging a lower court order that allowed the respondent time to file objections. While the High Court did not grant the immediate injunction requested, it directed the trial court to expeditiously consider and dispose of the temporary injunction applications filed by the plaintiffs.
Marico Limited v.Adani Wilmar Ltd
The Delhi High Court dismissed Marico Limited's application for an interim injunction against Adani Wilmar Ltd, which sought to stop the broadcast of competitor advertisements. Marico alleged that Adani Wilmar's 'Fortune' ads disparaged its 'Saffola' brand with false health claims. However, the court emphasized that advertisers must be given latitude in their messaging and held that unless claims are totally unsubstantiated, courts should avoid a hyper-technical view. The decision allowed the advertisements to continue pending final adjudication.
Vov Cosmetics Private Limited v.Union of India
Vov Cosmetics Private Limited challenged an order directing it to change its corporate name due to perceived resemblance with another entity. The dispute centered on whether the similarity in names, particularly involving the 'VOV' mark used in cosmetics, mandated rectification under the Companies Act. The Bombay High Court quashed the impugned order, emphasizing that mere similarity is not sufficient grounds for mandatory rectification and directing a fresh hearing.
M/S Harjee Foods & Anr v.M/S Barbino Enterprises Pvt Ltd. & Anr
The Delhi High Court addressed a dispute over the confectionery marks KIDO and KIDCO. While finding that the defendant's use of the unregistered mark KIDCO constituted passing off due to high likelihood of consumer confusion, the court did not find infringement against the registered mark KIDO. Consequently, the suit was decreed in part, granting a permanent injunction against the defendants using KIDCO in India, but dismissing the claim for damages because an interim injunction had already been in place.
United Breweries Ltd v.Khodays Breweries Limited Industries Ltd
United Breweries Ltd appealed a trial court judgment that dismissed its suit seeking permanent and mandatory injunction against Khodays Breweries Limited. The suit alleged infringement and passing off based on the use of 'Hercules Black Label' by the respondent, which was deemed deceptively similar to the appellant's registered trade mark 'Kalyani Black Label'. The High Court ultimately dismissed the appeal, affirming the trial court's decision.
Hindustan Uniliver Limited v.Sree Annapoorna Foods
This Madras High Court judgment addressed an appeal challenging the dismissal of a petition seeking to reject a civil suit on grounds of re-litigation. The respondents, Sree Annapoorna Foods, sued Hindustan Unilever Limited over alleged trademark infringement concerning 'Annapoorna' and 'Annapurna'. The appellant argued that the claim was barred by prior litigation and relinquishment of rights. However, the court found that since the cause of action for the second suit arose from subsequent events not covered in the earlier plaint, the suit could not be rejected at the initial stage.
Umesh Kumar Gupta And Another v.M/S Shree Girraj Food Products
The Allahabad High Court dismissed a revision filed by M/S Shree Girraj Food Products, which sought to stay an ongoing trademark infringement suit. The defendants argued that their application for rectification (cancellation) of the plaintiff's 'Chacha Chaudhary' trademark was pending before the Appellate Board. However, the court ruled that Section 124 of the Trade Marks Act is inapplicable because the original suit was not for trademark infringement but rather a suit for injunction based on passing off. Consequently, the stay could not be granted.
M/s. United Spirits Limited v.Henkel India Limited
M/s. United Spirits Limited appealed against the denial of an interlocutory injunction concerning the trademark 'ARAMUSK'. The dispute arose from a complex chain of assignments and transfers related to the original business agreement between Shaw Wallace & Company (predecessor-in-interest) and Henkel India Limited. The court examined the three pillars required for granting temporary relief: prima facie case, balance of convenience, and irreparable injury. Ultimately, the appeals were dismissed as the appellant was found not to have a strong enough case or demonstrated irreparable harm.
M/S Sagar Ratna Restaurants Pvt. Ltd. v.M/S Shri Bihari Ji's & Ors.
The plaintiff, M/S Sagar Ratna Restaurants Pvt. Ltd., filed an application seeking an interim stay against the respondents for allegedly misusing its proposed brand names ('Ratnam', 'Sagar Ratnam') and breaching a franchisee agreement. The dispute centered on the use of similar brands like 'Shree Rathnam' by the defendants, who were former employees.
The Applicant (Naga Industries) v.M/S. Lachmi Marain Traders And Others
The Madras High Court dismissed the applicant's requests for an interim injunction against trademark infringement and passing off. The court found that despite the similarity between 'NAGA' and 'AAGA', there was no convincing prima facie case, noting that the respondent had been using their mark openly since 2006 with significant advertising expenditure. Furthermore, the court highlighted the delay in the applicant filing suit (only after receiving a cease and desist notice in 2011) as a critical factor against granting immediate relief.
M/S Friends Overseas v.Swadi Product U.K. Ltd. & Ors.
The Delhi High Court granted an interim injunction favoring M/S Friends Overseas against Swadi Product U.K. Ltd. and others, finding a prima facie case of infringement. The court held that the defendants had misappropriated the plaintiff's well-known mark 'SWADI HOMEMADE,' copying its artistic get up, layout, and trade dress. This action was deemed likely to cause confusion among consumers, thus warranting the continuation of the existing restraint order until the final disposal of the suit.
M/S South Thindis (Now known as South Veg Thindis) v.M/S Billion Smiles Hospitality Pvt Ltd
The Karnataka High Court dismissed a writ petition filed by M/S South Thindis, which sought to stay an ongoing trademark infringement suit based on its pending application for rectification. The court held that since the petitioner raised the plea of invalidity for the first time in the written statement and not before the suit was instituted, the mandate of Section 124(1)(b)(i) did not apply. Furthermore, the court noted the belated nature of the stay request, citing precedent against staying proceedings at a late stage.
Lt Foods Ltd. v.Sunstar Overseas Ltd. & Sachdeva & Sons Rice Mills Limited
The Delhi High Court ruled in favor of Lt Foods Ltd. regarding the infringement and passing off of its registered trademark 'HERITAGE' used for rice. The court found that the marks used by the defendants, 'INDIAN HERITAGE' and 'INDIAN HERITAGE SELECT', were deceptively similar, leading to potential consumer confusion. Consequently, the court granted an interim injunction restraining the defendants from using these infringing trademarks until the final disposal of the suit.
M/S Havmor Ice Cream Limited v.Piyush Shah
The Rajasthan High Court ruled in favor of M/S Havmor Ice Cream Limited, setting aside a lower court's decision that dismissed its application under Section 142(2) of the Trade Marks Act. The court held that since Havmor was a registered proprietor and had commenced action with due diligence by issuing a statutory notice, the suit filed by the respondent could not be deemed a 'groundless threat.' This judgment reinforces the importance of timely legal action by trademark owners to protect their established rights against potential infringement.
M/S S M K A Enterprises v.M/S Suchita Industries
The Karnataka High Court ruled in favor of M/S S M K A Enterprises, granting a permanent injunction against M/S Suchita Industries for infringing the plaintiff's registered trademark 'Tiny Care'. The court found that the defendant's use of similar marks and products was deceptive, causing confusion among consumers. This decision reinforces the importance of protecting established brand goodwill in the competitive FMCG market.
M/s.Cholayil Private Limited v.Uni-Sole Pvt. Ltd.
The Madras High Court dismissed the plaintiff's applications seeking an ad-interim injunction against alleged infringement and passing off. The court found that the defendant's mark, 'Herbal,' was not phonetically similar to the plaintiff's registered trademark, 'Medimix.' Furthermore, despite the plaintiff claiming long usage, the court noted that the artistic work relied upon was only assigned in 2008, undermining the claim of continuous use since 1969. Ultimately, the court concluded there were more dissimilarities than similarities, finding no likelihood of deception among ordinary purchasers.
M/s.Nakoda Dairy (P) Ltd. v.M/s.Kewal Chand Vinod Kumar
Nakoda Dairy (P) Ltd., the registered owner of the trade mark 'NAKODA' for milk products, filed appeals challenging the dismissal of its applications for temporary injunction. The Respondents argued that they were prior and long-term users of the mark since 1978, and that the Plaintiff failed to establish a prima facie case.
M/S Marvel Tea Estate India Ltd. v.P.M. Batra (Prop) M/S Gurukripa Traders
The Delhi High Court granted an interim injunction favoring M/S Marvel Tea Estate India Ltd. against P.M. Batra (Prop) M/S Gurukripa Traders, finding that the defendant's use of 'MARVEL TOUCH' was likely to cause confusion and constitute trademark infringement and passing off. The court recognized the extensive goodwill and reputation built by the plaintiff under its registered mark 'MARVEL' in Class-30 goods like tea and spices. This ruling underscores the protection afforded to established brands against deceptively similar marks, even during preliminary proceedings.
Bhole Baba Milk Food Industries Ltd. v.Parul Food Specialities Pvt. Ltd.
The Delhi High Court addressed an appeal concerning the use of the trademark 'KRISHNA' in dairy products. The court ruled that a common word, even if associated with a deity like Lord Krishna (who is linked to milk and butter), cannot be monopolized by a single entity. Furthermore, the court held that when a defendant uses a disputed mark prefixed by other words ('PARUL'S LORD KRISHNA'), confusion regarding the source of goods is unlikely, provided those prefix words are given equal prominence as the core trademark. The appeal was dismissed, affirming the interim relief granted to the respondent.
Smt K Nirmala Raghava Rao v.N G Subbaraya Setty
This Karnataka High Court judgment addressed a dispute over trademark infringement and royalty recovery related to perfumes. The petitioner sought to stay a subsequent suit, arguing that the issues were identical to an earlier case where the trademark was assigned to a bank. However, the court ruled that the two suits involved distinct legal claims—one concerning injunction/royalty prior to assignment, and the other regarding damages post-termination of the agreement. Consequently, the writ petition seeking a stay was dismissed.
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