FMCG — India Trademark Cases
913 decisions indexed
Page 3 of 31 · 913 total
PepsiCo, Inc. v.Jagdamba Foods Pvt. Ltd. And Anr.
PepsiCo successfully petitioned the Calcutta High Court for the cancellation of a similar trademark, 'JAY'S,' registered by Jagdamba Foods Pvt. Ltd. The court found that the impugned mark was phonetically identical and deceptively similar to PepsiCo's well-established brand, 'LAY'S.' Given the similarity in goods (snack foods) and the petitioner's immense goodwill, the court ruled that the registration of 'JAY'S' violated the Trademarks Act and must be cancelled.
M/S. Vaidehi Agro Oils Pvt. Ltd v.M/S. Sri Tulasi Industries
The Telangana High Court allowed a Civil Revision Petition filed by M/S. Vaidehi Agro Oils Pvt. Ltd against an order passed by the District Judge, Kamareddy. The petitioner argued that their application seeking a stay of proceedings in a trademark infringement suit should not have been dismissed as infructuous while a higher court's stay was still pending. The High Court found the trial judge's dismissal erroneous and set aside the impugned order, directing the lower court to reconsider the applications.
Capital Foods Private Limited v.Krs Multipro Private Limited & Anr.
The Delhi High Court granted an ad-interim injunction in favor of Capital Foods Private Limited against Krs Multipro Private Limited. The suit involves allegations of trademark and copyright infringement concerning the popular brand 'SCHEZWAN CHUTNEY'. Based on a prima facie case, the court found that the Defendants' product packaging copied the Plaintiff's registered mark precisely, posing a risk of market confusion. Consequently, the Defendants were immediately restrained from using the infringing mark until the final hearing.
Jaquar And Company Private Limited v.Jaquar Franchise & Ors.
The Delhi High Court granted interim injunctive relief in favor of Jaquar And Company Private Limited against various defendants regarding the unauthorized use of its 'JAQUAR' trademark. The court ordered immediate suspension of specific domain names associated with the mark and directed actions to freeze relevant bank accounts, recognizing the brand's well-known status. This order sets a strong precedent for protecting established trademarks in the digital age.
Capital Foods Private Limited v.Damyaa (Pj) Foods Private Limited
The Delhi High Court granted an ad-interim injunction in favor of Capital Foods Private Limited against Damyaa (Pj) Foods Private Limited. The court found that the Defendant's use of 'SCHEZWAN TUFANI CHUTNEY' was a clear case of dishonest imitation and deceptively similar to the Plaintiff's registered trademark, 'SCHEZWAN CHUTNEY'. Given the Plaintiff's established reputation and significant market presence, the injunction aims to prevent consumer confusion and irreparable harm.
Royal Coffee Works v.The Registrar Of Trademarks; Girnar Food & Beverages Pvt. Limited
Royal Coffee Works challenged the delay in processing its trademark application before the Registrar of Trademarks, which was opposed by Girnar Food & Beverages Pvt. Limited regarding the use of 'tea' in the product description. The Kerala High Court addressed the petitioner's grievance concerning procedural delays. The court directed the Registrar to expedite the matter and pass appropriate orders on both the original trademark application and the opposition within a three-month timeframe.
Herbalife International Inc. v.Shiv Shakti Enterprises & Ors.
The Delhi High Court extended the existing interim injunction against Herbalife's trademarks to a newly impleaded defendant (Mr. Narayan Lal Kumawat) after relying on a local commissioner's report indicating counterfeit activity. The court also issued strict directives, requiring all involved parties to discontinue selling infringing goods on Flipkart and disclose detailed transaction information related to the alleged trademark infringement.
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.
Usms Saffron Co. Inc. v.Rupesh Rathore Trading As Rm International
The Delhi High Court issued a comprehensive order in the trademark, copyright, and passing off infringement suit filed by Usms Saffron Co. Inc. against Rupesh Rathore Trading As Rm International. The Court granted an ad-interim injunction to protect the Plaintiff's registered trademarks and unique packaging/trade dress for 'BABY BRAND SAFFRON'. Furthermore, the court set out procedural directions regarding document submission, exempted the plaintiff from pre-institution mediation due to the urgency of interim relief, and fixed the fee for a Local Commissioner to inspect the premises.
Capital Foods Private Limited v.Pitambari Products Private Limited
In a dispute over trademark infringement, Capital Foods Private Limited and Pitambari Products Private Limited reached an out-of-court settlement. The Delhi High Court formalized this compromise, decreeing the suit in favor of the Plaintiff while allowing the Defendant limited usage rights for specific packaging (PITAMBARI RUCHIYANA SCHEZWAN HOT & SPICY). This resolution allows the parties to move forward without protracted litigation over damages and accounts.
Sri Narasu's Coffee Company Pvt. Ltd. v.M/S.Shri Lakshmi Agro Foods Pvt. Ltd.
The Madras High Court dismissed the trademark rectification petition filed by Sri Narasu's Coffee Company against M/S.Shri Lakshmi Agro Foods Pvt. Ltd. The dispute, which sought to cancel the 'Udhaiyam' trademark registration in Class 30, was resolved amicably between the parties. Both sides entered into a Memorandum of Compromise, leading the petitioner to withdraw the original petition.
Sri Narasu'S Coffee Company Pvt.Ltd v.S.Sudhakar
The Madras High Court dismissed the trademark rectification petition filed by Sri Narasu's Coffee Company Pvt.Ltd against S.Sudhakar and others. The dismissal was not a ruling on the merits but rather an acceptance of a Memorandum of Compromise signed between the parties. This settlement effectively resolved the dispute regarding the 'Udhaiyam' trademark registration in Class 30.
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. v.S.Giriedharan and others (Shri Lakshmi Agro Foods)
The Madras High Court dismissed OP(TM) No. 50 of 2025 after the parties entered into a Memorandum of Compromise. The petitioner, M/s.Sri Narasu'S Coffee Company Pvt. Ltd., had sought the cancellation and rectification of the trademark 'Udhaiyam' registered by the respondents in Class 30. Given the mutual agreement reached between the parties, the court allowed the petition to be withdrawn.
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. v.S.Sudhakar and S.Dinakar (Partners of M/s.Shri Lakshmi Agro Foods)
M/s.Sri Narasu'S Coffee Company Pvt. Ltd. filed a petition seeking the cancellation and rectification of the trademark 'Udhaiyam,' registered by S.Sudhakar and S.Dinakar under Application No.1359360 in Class 30. However, both parties subsequently entered into a Memorandum of Compromise. Consequently, the Madras High Court dismissed the petition as withdrawn, allowing the dispute to be resolved amicably between the involved parties.
M/S.Sri Narasu'S Coffee Company Pvt. v.M/S.Shri Lakshmi Agro Agencies & The Registrar of Trademarks
The Madras High Court dismissed the rectification petition filed by M/S.Sri Narasu's Coffee Company Pvt. Ltd. against M/S.Shri Lakshmi Agro Agencies. The petitioner had sought to cancel the trademark registration 'Udhaiyam' in Class 30, citing grounds for invalidity. However, both parties subsequently entered into a Memorandum of Compromise and filed an additional joint memo requesting withdrawal. Consequently, the court accepted the request and dismissed the petition as withdrawn.
M/s.Sri Narasu'S Coffee Company Pvt.Ltd. v.S.Sudhakar and S.Dinakar (Partners of M/s.Shri Lakshmi Agro Foods)
M/s.Sri Narasu'S Coffee Company Pvt.Ltd. had filed a petition seeking the rectification and cancellation of the trademark 'Udhaiyam,' registered by S.Sudhakar and S.Dinakar under Application No.1359359 in Class 29. However, both parties subsequently entered into a Memorandum of Compromise dated October 10, 2025. Consequently, the Madras High Court dismissed the petition as withdrawn, resolving the dispute amicably.
Krbl Limited v.Shailendra Chaturvedi & Anr.
The Delhi High Court disposed of the appeal in Krbl Limited vs Shailendra Chaturvedi & Anr., resolving a dispute over the scope of the trademark 'DOON MEMORIES'. The court directed the Registrar of Trademarks to amend the registration (TM No. 421683) to restrict the goods exclusively to bakery products, based on an undertaking given by Respondent No. 1. This decision effectively narrowed the scope of the mark's use, provided the respondent adheres strictly to the agreed-upon limitations.
Esme Consumers Pvt Ltd v.Suraj Collection And Anr
The Delhi High Court granted an interim injunction in favor of Esme Consumers Pvt Ltd against Suraj Collection And Anr, finding a prima facie case of trademark infringement and passing off. The court determined that the defendant's use of similar marks and trade dress was calculated to deceive consumers and erode the plaintiff's established goodwill associated with its cosmetic products. Consequently, the defendants were immediately restrained from using the infringing marks until the final hearing.
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.
Pureplay Skin Sciences (India) Pvt. Ltd. v.Mr. Wazahat Choudhary
In a trademark infringement suit concerning skincare products, the Delhi High Court issued several procedural orders favoring the Plaintiff, Pureplay Skin Sciences. The court granted leave to file additional documents and exempted the plaintiff from mandatory pre-litigation mediation due to the urgency of the matter. Crucially, the court also allowed the appointment of a Local Commissioner to inspect the defendant's premises for potential counterfeit goods, while simultaneously granting exemptions regarding advance service and discovery procedures.
Wow Momo Foods Private Limited v.Wow Burger & Anr.
The Delhi High Court allowed the appeal filed by Wow Momo Foods Private Limited, quashing a single judge's order that had dismissed an application for an interlocutory injunction. The court found that the respondent's proposed mark, 'WOW BURGER', was highly likely to cause confusion with the appellant's established marks like 'WOW MOMO' and 'WOW DIMSUMS'. Despite arguments regarding common usage or descriptive nature of 'WOW', the court held that the combination of the exclamation with the food item created a distinctive association in the mind of the average consumer, thereby establishing a prima facie case of infringement.
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.
Le Shark Apparel Limited v.Anil Shah And 2 Ors
The Bombay High Court granted rectification to remove a registered trademark (No. 466002) belonging to the Respondents, which was identical to the Petitioner's established global mark 'LE SHARK'. The court found that the Respondents had fraudulently adopted the mark and lacked evidence of genuine use, thereby allowing the Petitioner to proceed with its brand in India. This decision reinforces the principle that a trademark register must maintain purity against deceptive or fraudulent registrations.
Mars Incorporated v.Cadbury (India) Ltd & Ors
After nearly twenty-five years of protracted litigation over the trademark 'CELEBRATIONS,' Mars Incorporated and Cadbury (India) Ltd have reached a full and final amicable settlement. The Delhi High Court decreed the suit based on this mutual consent, which mandates both parties to withdraw various pending opposition and rectification proceedings before the Trade Marks Registry. Furthermore, in a gesture of goodwill, they jointly undertook to distribute confectionery assortments worth five lakhs each to schoolchildren across Delhi.
Reckitt And Colman (Overseas) Hygiene Home Limited & Ors. v.Ashok Kumar(S)/John Does & Ors.
In a significant commercial dispute concerning the HARPIC brand, the Delhi High Court issued several procedural orders favoring the Plaintiffs (Reckitt And Colman). The court allowed the plaintiffs to file additional documents and granted exemptions regarding pre-litigation mediation and advance service. Crucially, the court also permitted an ex parte ad interim injunction by appointing Local Commissioners to conduct inspections of the alleged infringing products, reinforcing the strength of the brand's trademark and trade dress protection.
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.
Archian Foods Private Limited v.M/S Balaji Foods And Beverages & Anr.
Archian Foods Private Limited filed suit against M/S Balaji Foods And Beverages & Anr. alleging infringement of its trademarks, copyright, and trade dress related to 'LAHORI ZEERA' non-alcoholic beverages. The plaintiff successfully demonstrated the established goodwill and reputation of its brand. Although the defendants were proceeded ex-parte, the court found their actions not innocent and awarded nominal damages of Rs. 50,000/- to deter further illegal activities.
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.
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