FMCG — India Trademark Cases
913 decisions indexed
Page 29 of 31 · 913 total
M/s.Sri Balamurugan Modern Rice Mill v.M/s.Subbulakshmi Modern Rice Mill
The Madras High Court granted an interim injunction in a passing-off suit concerning rice. The plaintiff successfully argued that despite the defendant's attempts to distinguish their mark with added words, the strong familial and business connection between the parties made consumer confusion highly likely. Given the plaintiff's established prior use of the 'GOPURAM' mark since 1998, the court found a prima facie case for passing off, favoring the plaintiff.
Federation Of Packaged Drinking Water v.Union Of India (Uoi)
Petitioners challenged the actions of the respondents (BIS/Uoi) which prevented them from using the BIS mark and refused license renewals for packaged drinking water sold in flexible pouches. The petitioners argued that they met all existing standards (IS: 14543:2004) and no specific standard existed for pouches at the time. The court ruled partly in favor of the petitioners, directing the respondents to allow BIS marking use and renew licenses until a new standard is prescribed.
Hindustan Lever Limited v.Madhusudhan Industries Limited
Hindustan Lever Limited opposed the registration of the trade mark 'UJALA KING' by Madhusudhan Industries Limited, arguing that it was deceptively similar to their well-known marks 'SUNLIGHT' and 'SUN'. The IPAB ultimately ruled in favor of Hindustan Lever, finding that the impugned mark did not qualify under relevant sections due to confusing similarity.
Colgate Palmolive Company And Anr. v.Anchor Health And Beauty Care Pvt. Ltd.
The Delhi High Court granted an ad interim injunction in favor of Colgate Palmolive against Anchor Health, finding that Anchor was engaging in passing off. The court ruled that the distinctive trade dress—specifically the red and white color combination and container shape—had acquired secondary significance and goodwill, allowing Colgate to protect it even if the word marks were different. This decision underscores the importance of protecting non-traditional trademarks like packaging design when they are used deceptively.
Geepee Ceval Proteins And Investment v.Saroj Oil Industry
The Delhi High Court granted an ad-interim injunction in a passing off suit concerning the trade mark 'CHAMBAL'. The court found that despite the geographical nature of the word, the plaintiff had established distinctiveness through extensive use and advertising since 1997. Given the phonetic similarity between 'CHAMBAL' and 'CHAMBAL DEEP', the court determined that granting the injunction was in the balance of convenience to prevent consumer confusion and irreparable harm to the plaintiff.
Ayushakti Ayurved Pvt. Ltd. v.Hindustan Lever Limited
The Bombay High Court dismissed the plaintiff's motion for injunction in a passing-off suit against Hindustan Lever Limited. The court found that the defendant's mark 'AYUSH' was not deceptively similar to the plaintiff's 'AYUSHAKTI,' and crucially, it held that mere possibility of confusion is insufficient; actual misrepresentation must be demonstrated. Furthermore, the court presumed the plaintiffs had knowledge of pre-existing marks, but ultimately concluded there was no likelihood of consumer confusion.
Kanpur Trading Company Pvt. Ltd. v.Afroz Ahmed And Feroze Ahmed Trading As Sahana Works
The dispute involved two trademark applications (No. 588196 and 588197) for the word 'Ghari' by Kanpur Trading Company Pvt. Ltd., which were opposed by Afroz Ahmed and Feroze Ahmed. The opponents failed to file requisite evidence within the statutory time, leading to the abandonment of their opposition. They subsequently filed a review petition, which the Tribunal dismissed as lacking merit.
Latha C. Mohan v.Cavinkar Pvt. Ltd. And Ors.
The Madras High Court granted an interim injunction in favor of Latha C. Mohan, who claimed prior use and goodwill associated with her beauty parlour business under the trade name 'Kanya.' The court found that both parties operated within the same field (cosmetology/beauty), creating a likelihood of consumer confusion and diversion of trade. Despite the respondent's registered trademarks, the applicant successfully established a real and tangible risk of damage to her commercial reputation, warranting immediate protection.
Kewal Krishan Kumar v.Rudi Roller Flour Mills (P) Ltd.
The Delhi High Court dismissed an appeal filed by Kewal Krishan Kumar against the registration of the trademark 'Shiv Shakti' by Rudi Roller Flour Mills. The court found that despite some phonetic similarity, the composite nature of the respondent's mark—including the device of Trishul and Damru—created a sufficient visual and phonetic difference from the petitioner's 'Shakti Bhog'. Furthermore, the court ruled that Section 12(3) (concurrent user provision) was not applicable because the trademarks were not identical.
Sahana Soap Works And Ors. v.Kanpur Trading Company Pvt. Ltd. And ...
The Allahabad High Court dismissed an appeal challenging a trial court's interim injunction. The case involved allegations of trademark infringement and passing off concerning soap wrappers, where the plaintiff argued their 'GHARI' mark was being copied by defendants using identical designs. Based on evidence showing the plaintiffs had significantly larger business volume and were prior users, the court upheld the initial restraint order against the defendants.
Jaininder Jain And Ors. v.Registrar Of Trade Marks And Ors.
Appellants filed a petition seeking removal/rectification of trade mark registrations (Nos. 376224, 384556, 463530, and 486516) allegedly made by respondents based on misrepresentation. The appeal challenged the dismissal of an interim application for staying the impugned order. The court dismissed the appeal, stating that the legality of the underlying family settlement was a matter for civil proceedings.
Perry Bottling Company v.S.S. Soda & Soft Drinks Company And Ors.
The plaintiff, Perry Bottling Company, filed a suit for injunction alleging that the respondents were deceiving customers by using a copy of their registered trademark on 'Fruit Beer'. The trial court dismissed the injunction application, finding dissimilarity and arguing that 'Fruit Beer' was not exclusively owned. The High Court overturned this decision, holding that phonetic similarity existed and granting an interim injunction.
S.R. Thorat Milk Products Pvt. Ltd. v.Sahyadri Dairy
The Bombay High Court allowed an appeal, granting S.R. Thorat Milk Products a temporary injunction against Sahyadri Dairy in a passing off suit. The court found that the Defendant's use of 'P.B. Thorat Milk,' coupled with highly similar packaging and trade dress (green diagonal lines, layout, font), was likely to deceive the public into believing their products were those of the Plaintiff. This ruling underscores the importance of protecting brand identity beyond just the name.
Nectar (U.K.) Ltd. v.Herbs Shop India Ltd.
Nectar (U.K.) Ltd. challenged an interim injunction restraining it from using the trademark NECTAR for cosmetic products, which was granted by Herbs Shop India Ltd.'s suit. The Delhi High Court examined the conduct of the plaintiff and the validity of the appellant's rights. Ultimately, the court found that the appellant had a proper assignment of rights from the principal party (Respondent No. 3), leading to the setting aside of the injunction order.
M/S Midas Hygenic Industries Pvt. Ltd. v.Shri Sudhir Bhatia And Others
The Delhi High Court granted an ad-interim injunction in favor of M/S Midas Hygenic Industries Pvt. Ltd., restraining the defendants from manufacturing or marketing products under the disputed mark LAXMANREKHA. The court found that the plaintiff had made out a prima facie case for infringement and passing off, relying on evidence of prior use of the phrase 'Laxman Rekha' in advertisements dating back to 1991. This ruling provides immediate protection to the plaintiff while the main suit proceeds.
S.V.S. Oil Mills Represented By Its ... v.S.V.S. Rajkumar Trading As Agro Foods & ...
The Madras High Court granted an interim injunction in favor of S.V.S. Oil Mills against S.V.S. Rajkumar Trading As Agro Foods, finding that the respondent was engaging in passing off. The court determined that despite family connections and prior disputes over the name 'S.V.S.', the use of the identical trademark by the respondent for similar edible oil goods would create confusion among consumers. Given the applicant's long-standing goodwill and market presence, the injunction was upheld to protect the established brand.
S.V.S. Oil Mills v.S.V.S. Agro Refineries P. Ltd.
The Madras High Court granted an interim injunction in favor of S.V.S. Oil Mills, finding that the respondent's use of the identical trade name 'S.V.S.' for edible oil and Vanaspathi would cause confusion among consumers. The court emphasized that the applicant had established a long-standing reputation and goodwill associated with the mark across the state. Given the similarity in goods and the potential for irreparable harm to the applicant's business, the injunction was deemed necessary.
Acqua Minerals Limited v.Mr. Pramod Borse & Anr.
Acqua Minerals Limited successfully sued Mr. Pramod Borse & Anr. for infringing its registered trademark 'BISLERI' and related copyright, specifically concerning the illegal registration of the domain name BISLERI.com. The court found that the defendants had registered the domain in bad faith, intending to profit from the plaintiff's goodwill rather than genuinely use it for mineral-related information. Consequently, the High Court granted a permanent injunction against the defendants and allowed the plaintiff the liberty to transfer the domain name.
Rainforest Cafe, Inc. v.Rainforest Cafe And Ors.
The plaintiff, Rainforest Cafe, Inc., sought an interim injunction against defendants operating a restaurant under the name 'RAINFOREST CAFE', alleging that the defendant was copying its globally recognized trade mark and style. The court found that the plaintiff had established a prima facie case based on its worldwide reputation and noted that passing off applies to services as well as goods, thus confirming the interim order.
Mars Incorporated v.Chanda Softy Ice Cream And Ors.
Mars Incorporated successfully secured an interim injunction against Chanda Softy Ice Cream And Ors. in the Madras High Court. The court recognized Mars' extensive global reputation, noting that its trademarks 'Galaxy' and 'Milky Way' had acquired significant goodwill in India through international travel and advertising (transborder reputation). Despite not manufacturing ice creams locally, the court found a prima facie case for passing off and infringement, ruling that the defendants' use of the marks was dishonest and intended to exploit Mars' established brand equity.
Fritco-Lay India & Anr. v.Uncle Chipps Private Limited
The plaintiffs, owners of the patented TAZO collectible disc used in their Lays and Cheeto Chips promotion, sued Uncle Chipps Private Limited for passing off and unfair competition due to the respondent distributing similar discs marked AMAZZO. The court examined whether the public would be confused by the promotional campaign or if the respondents were illegally appropriating the plaintiffs' goodwill.
Laxmi Gudakhu Factory v.Avinash Gudakhu Factory
The Madhya Pradesh High Court set aside a trial court's order that dismissed an application for temporary injunction. The plaintiff, Laxmi Gudakhu Factory, successfully argued that the respondent's use of 'Ma Saraswati Chhap Gudakhu' was deceptively similar to its registered trademark and label. Given that the product ('Gudakhu') is used by illiterate villagers, the court found a strong possibility of deception, allowing the plaintiff to secure an injunction against further infringement.
M/S S.M. Dyechem Ltd. v.M/S Cadbury (India) Ltd.
The petitioner sought an injunction against the respondent for using the mark 'PICNIC', alleging infringement and passing off of their registered trade mark 'PIKNIK'. The Supreme Court examined the marks, finding that while there was phonetic similarity, the essential features (script and caricature) were different, and given the differences in products and the wary customer principle, there was no scope for deception or confusion.
M/S S.M. Dyechem Ltd. v.M/S Cadbury (India) Ltd.
The dispute centered on whether M/S Cadbury (India) Ltd.'s use of 'PICNIC' infringed upon M/S S.M. Dyechem Ltd.'s registered trade mark 'PIKNIK'. The petitioner sought an injunction, alleging phonetic and visual similarity. However, the Supreme Court ultimately dismissed the appeal, finding that the essential features of the marks were different when viewed as a whole, and there was no scope for deception among the ordinary customer.
Reckitt & Colman Of India Ltd. v.Jyothi Laboratories Ltd.
Reckitt & Colman (appellant) challenged advertisements by Jyothi Laboratories (respondent) that allegedly disparaged its whitening agent, 'Robin Blue', in favor of the respondent's product, 'Ujala'. The appeal concerned a third advertisement, leading to a dispute over whether the court should interfere with interim orders.
Manmohan Garg v.M/S Radha Krishna Narayan Das Through Its Partners
The respondent filed a suit alleging that the appellant was passing off his Bidis using a deceptively similar label to the plaintiff's registered trademark 'Khargosh Chhap'. The Supreme Court examined evidence regarding the priority of use and registration. It found that the plaintiff's trade mark was registered prior to the defendant's claim of prior use, thus dismissing the appeal.
Radhika Agro Industries Pvt. Ltd. v.Paawan Agro Foods Ltd.
The Delhi High Court granted a temporary injunction in favor of Radhika Agro Industries Pvt. Ltd., who was engaged in the business of edible oils under the trademark 'Jiwan Dhara'. The court found that the plaintiff had established prior use of the trade mark compared to the defendant, Paawan Agro Foods Ltd. Despite conflicting evidence regarding invoice authenticity, the judge concluded that the plaintiff met the prima facie requirements for an injunction, preventing the defendant from continuing to use the disputed mark until the final disposal of the suit.
Conopco Inc. v.Banwari Lal (M/s Cosmic Chemicals c/o M/s Atul Trading Co.)
The Delhi High Court ruled in favor of Conopco Inc., setting aside the Deputy Registrar's decision to register the trade mark 'PONAS'. The court found that 'PONAS' was deceptively similar to Conopco's registered trade mark 'Pond's', leading to a likelihood of public confusion and passing off. Crucially, the High Court noted that the lower authority erred by ignoring the petitioner's evidence, which had been duly taken on record.
Sri Sai Agencies Pvt. Ltd. v.Chintala Rama Rao
The defendant appealed an injunction order granted in favour of the plaintiff, who claimed his established trade mark 'Mathura Ghee' was being infringed upon by the defendant using 'Mathurag Ghee'. The court held that despite both parties using Lord Krishna's image, the prior use and distinctiveness of the plaintiff's mark established a prima facie case for injunction against unfair competition.
Dodha House v.Surendra Kumar Maingi
The appeal was filed by Dodha House against an injunction order restraining them from infringing the plaintiff's copyright and passing off goods under the trademark 'Maingi's Todha'. The court ultimately held that the trial court lacked territorial jurisdiction to entertain the suit for trade mark infringement under Section 105 of the Trade and Merchandise Marks Act, thereby setting aside the injunction.
Facing a trademark dispute?
Arctic's TM litigation team handles ~120 trademark matters per year across India, EU, and UK. From oppositions to infringement actions, we build winning arguments from precedent.