FMCG — India Trademark Cases
913 decisions indexed
Page 4 of 31 · 913 total
Dominos Ip Holder Llc & Anr v.Mr. Jaideep Singh Gusain & Ors
The Delhi High Court granted an ad-interim injunction in favor of Dominos Ip Holder Llc, restraining certain online entities (Defendants 9 and 10) from using marks deceptively similar to 'Domino's Pizza'. Furthermore, the court directed major aggregators, Zomato and Swiggy, to immediately take down specific listings containing infringing variations. This order establishes a strong preliminary stance against trademark infringement in the digital marketplace, while simultaneously setting out procedural steps for the full trial.
Ms. Drools Pet Food Private Ltd v.Registrar Of Trademarks & Anr.
The Delhi High Court issued procedural directions in the trademark opposition case filed by Ms. Drools Pet Food Private Ltd against the Registrar of Trademarks. Despite ongoing mediation efforts, the court set a timeline for the respondents to file their replies within six weeks, followed by rejoinders. The matter is scheduled for further hearing and completion of pleadings.
M/S Esme Consumers Pvt Ltd v.Rikesh Tiwari Trading As All In One Traders & Anr.
The Delhi High Court granted the plaintiff, M/S Esme Consumers Pvt Ltd, interim relief in its suit against Rikesh Tiwari Trading As All In One Traders. The court recognized the strength of the 'BLUE HEAVEN' brand, noting its long history since 1972 and extensive portfolio of registered trademarks and copyrights across various cosmetic product lines. Crucially, the court directed the defendants to immediately take down listings of impugned products on major e-commerce platforms like Meesho and Amazon, affirming the plaintiff's rights against online infringement.
Mangalam Organics Ltd v.N Ranga Rao And Sons Pvt Ltd
The Bombay High Court dismissed the Plaintiff's interim application seeking injunction against the Defendant for alleged trademark infringement and passing off. The court found that the Plaintiff failed to establish a prima facie case, noting significant differences in packaging and vending methods between the two products. While rejecting defenses of laches and acquiescence, the judge concluded that the evidence did not sufficiently demonstrate that consumers would be misled into believing the goods were those of the Plaintiff.
Kaira District Cooperative Milk Producers Union Ltd & Anr. v.M/S Amul Industries Pvt Ltd
The Gujarat High Court addressed an appeal challenging a previous rejection of an injunction application in a trademark/passing off dispute between Kaira District Cooperative Milk Producers Union Ltd and M/S Amul Industries Pvt Ltd. Recognizing the suit's commercial nature and high valuation (around 10 Crores), the court directed that the matter be treated as a commercial suit under the Commercial Courts Act, 2015. Furthermore, it mandated the Trial Court to expedite the trial process and aim for a final decision by March 31, 2027.
Nitin Maheshwari And Anr v.Patanjali Foods Limited
The Delhi High Court addressed a procedural matter in an ongoing trademark infringement suit filed by Patanjali Foods Limited. The petitioners sought to challenge a previous dismissal order, which was related to their application under Section 151 CPC. Recognizing the core dispute involves trademark rights (infringement and passing off), the court directed that the petition be re-registered as CM(M)-IPD to ensure proper classification within the Intellectual Property Division of the High Court.
Jyothy Labs Limited v.Gautam Kumar & Anr.
Jyothy Labs Limited successfully secured an interim injunction against Gautam Kumar & Anr. in the Delhi High Court, addressing alleged infringement of its flagship 'MAXO' brand mosquito repellent product. The court recognized that the defendants were manufacturing and selling spying cameras embedded within or bearing deceptively similar marks to the plaintiff's registered products. Consequently, the Defendants were restrained from dealing in these infringing goods and ordered to remove all related listings and advertisements from major e-commerce platforms like Amazon and Flipkart.
Zepto Private Limited & Anr. v.Owner Of Domain Name Zeptonowindia.Com & Ors.
In this trademark infringement suit, Zepto Private Limited sought an interim injunction against domain name holders. The court proceeded with the initial stages of litigation, granting several procedural reliefs to the plaintiffs, including exemption from pre-litigation mediation due to the urgency of the matter. While the core dispute over trademark rights and domain squatting remains pending, the court has set out a detailed schedule for service of summons and filing pleadings.
Jain Shikanji Private Limited v.Satish Kumar Jain
This Delhi High Court order addresses an appeal challenging a prior injunction against the use of the trademark 'Jain Shikanji'. The court found evidence suggesting continued infringement, despite assurances from the appellant. Consequently, the court mandated that Jain Shikanji Private Limited provide detailed affidavits regarding its current branding and bank account usage, while immediately ceasing the use of the disputed mark on digital payment platforms like UPI.
Sushil Kumar T/A Da Polo & Anr. v.The Polo/ Lauren Company L.P.
This appeal challenged a lower court's decision that rejected an application to dismiss a suit based on lack of jurisdiction. The respondent, holding registered trademarks like POLO, sued the petitioners (Da Polo) for infringement and passing off related to their use of similar marks online. The Delhi High Court upheld the Commercial Court's order, finding that since both parties were conducting business through interactive websites and e-commerce platforms within the court's jurisdiction, a valid cause of action existed.
Pidilite Industries Ltd. v.Vilas Nemichand Jain
The Bombay High Court allowed Pidilite Industries Ltd. to amend its original suit, which was initially filed for passing off. The plaintiffs sought to introduce claims for trademark infringement after successfully registering their mark during the pendency of the trial. The court ruled that the proviso to Order VI Rule 17 of the CPC would not apply in this case, noting that allowing the amendment would prevent multiplicity of proceedings. This decision allows the suit to evolve and incorporate stronger IP protections.
Dabur India Limited v.Marico Limited & Anr.
The Delhi High Court permitted Dabur India Limited to amend its trademark cancellation petition against Marico Limited. The amendment corrected an inadvertent error where the petitioner had mistakenly stated that their mark was 'deceptively similar' to the respondent's mark, contrary to their actual legal stand. The court allowed the correction, emphasizing that the change did not alter the cause of action or prejudice the respondent, thereby upholding the principle of rectifying clerical errors in pleadings.
Bikaner Sweets Corner v.Balaji Corner & Ors.
The Delhi High Court granted an interim injunction in favor of Bikaner Sweets Corner against Balaji Corner & Ors. The court found that the Defendants' adoption of the identical mark 'BIKANER SWEET CORNER' constituted potential infringement and passing off, given the proximity of the outlets and similarity of goods. Furthermore, the Defendants were immediately directed to cease using the impugned signboards and packaging within one week.
Reckitt Benckiser (India) Private Limited v.Sauss Home Products Private Limited
Reckitt Benckiser (India) Private Limited sought an interim injunction against Sauss Home Products Private Limited, alleging trademark infringement and passing off related to its 'Robin' bird device mark used in FMCG products. The court first dismissed the defendant's challenge regarding territorial jurisdiction, finding that the cause of action arose within Delhi due to sales and online promotion there. Subsequently, the court found a prima facie case for passing off and copyright infringement, granting an interim injunction against the defendant.
Maulesh Dayabhai Ukani & Anr. v.Baljit Singh Gandhi
The Delhi High Court addressed several applications in the trademark infringement suit filed by Maulesh Dayabhai Ukani & Anr. against Baljit Singh Gandhi. The court permitted the Plaintiffs to submit additional documentation, while also granting an exemption from mandatory pre-litigation mediation due to the urgency of the matter. Crucially, the court proceeded with interim measures, directing a Local Commission to be executed to inspect and inventory alleged infringing goods bearing the 'SIGNATURE' trademark.
S.Giridharan v.S.Sudhakar
The Madras High Court dismissed Civil Suit No. 193 of 2025 following a comprehensive settlement reached between the plaintiff, S.Giridharan, and several defendants. The suit, which sought declarations regarding ownership of the registered trademark UDHAIYAM and related injunctions, was resolved through a joint memorandum of settlement dated August 8, 2025. This agreement allowed the plaintiff to withdraw claims against certain parties while acknowledging existing titles held by others, leading to the final dismissal of the suit.
Kaira District Cooperative Milk Producers Union Ltd. v.The Registrar of Trade Marks & Anr.
The Delhi High Court allowed an appeal filed by Kaira District Cooperative Milk Producers Union Ltd. against the dismissal of its trademark opposition. The court found that the original rejection was based on a factual error, as the Appellant had actually received the notice for filing evidence via email on September 15, 2024, not the date mentioned in the letter. Consequently, the High Court set aside the impugned order and directed the Registrar to hear and decide the opposition within two months, while also directing the registry to update the status of the trademark application.
Energy Beverages Pvt Ltd v.Ekadanta Packaged Drinking Water and Others
The petitioner filed a Leave Petition seeking to combine causes of action related to passing off and trademark infringement against the respondents. The plaintiff claimed ownership of the mark 'CLEAR' and proprietary rights over its artistic label and bottle shape, arguing that the defendant's use of 'CLEAR GOLD' amounted to infringement and passing off.
Shri Ved Prakash Garg Trading As M/S Parul Food Products v.Mr. Dhruv Singh And Anr.
The Delhi High Court allowed the rectification petitions filed by M/s Parul Food Products against Mr. Dhruv Singh, cancelling two registered trade marks ('FUNSHINE' and a Device Mark) in Class 30. The court found that these Impugned Marks were deceptively and identically similar to the Petitioner's established mark 'FUNFINE'. Given the Petitioner's prior use since 2005 compared to the Respondent's registration date of 2017, the judgment reinforced the principle that a prior user's rights supersede subsequent registrations when likelihood of confusion exists.
Ferrero Spa & Ors. v.M. B. Enterprises
Ferrero Spa filed a suit against M. B. Enterprises alleging infringement, passing off, and unfair competition related to its globally recognized brand, NUTELLA. Following reports of counterfeit products being manufactured under the same name in Thane, Maharashtra, Ferrero sought immediate protection. The Delhi High Court granted an interim injunction, restraining the defendant from continuing the alleged infringing activities until further proceedings.
Mr. Piruz Khambatta & Anr. v.Franchise India Brands Limited & Anr.
The Delhi High Court addressed an application concerning the alleged contempt of a prior injunction order. The Plaintiffs asserted that the Defendants continued using the trademarks 'Rasna' and 'Rasna Buzz' despite the expiration of their Master License Agreement (MLA). While the court noted the dispute over a purported new agreement, it primarily directed the Defendants to file their reply within two weeks. Crucially, the Court reiterated that the existing injunction order must be strictly complied with.
Moti Mahal Delux Management Services Pvt Ltd v.M/S Doyir Eshi & Anr.
The Delhi High Court granted an interim injunction in favor of Moti Mahal Delux Management Services against its ex-franchisee, M/S Doyir Eshi & Anr. The court found that the defendant was willfully infringing upon the Plaintiffs' well-known and registered trade marks, specifically 'Moti Mahal' and 'Tandoori Trail'. The order immediately restrained the defendant from using confusingly similar marks in their restaurant business and mandated the removal of all impugned references from public platforms.
M/S Nature Magic World v.The Registrar Of Trademarks & Anr.
M/S Nature Magic World challenged the Registrar of Trademarks' failure to recognize a Deed of Assignment that transferred two trademarks, 'COLORESSENCE' and 'COLORESSENCE eyes spy', to them. The Petitioner argued that despite the assignment, the records incorrectly showed the predecessor company as the owner. The Delhi High Court disposed of the petition by directing the Registrar to consider the Petitioner's representations for correcting the ownership status within four weeks, taking into account a no-objection from the original proprietor.
Lotus Herbals Private Limited v.Nishtu Enterprises & Ors.
The Delhi High Court allowed Lotus Herbals Private Limited to implead a new entity, Jhalak Cosmetics Store, as a defendant in its trademark infringement suit. This decision was based on the plaintiff's discovery that the new store was selling counterfeit products using the infringing 'LOTUS' mark and trade dress. Furthermore, the court extended the existing interim injunction to this newly added defendant and granted extensive powers to a Local Commissioner to conduct search, seizure, and document examination at the premises of the infringer.
Elite Gold Ltd v.The Asst Registrar Of Trade
The Calcutta High Court overturned an earlier decision that had expunged seven registered trademarks of 'KOPIKO' due to alleged lack of evidence of use. The appellant, Elite Gold Ltd, argued that they were a well-known international proprietor using their products through distributors. Recognizing the need for further evidence, the court set aside the rectification order and remanded the matter back to the Controller for a fresh hearing, allowing the appellant to adduce additional documents.
Krishan Lal Bansal v.Union Of India
The Rajasthan High Court ruled in favor of the petitioner, Krishan Lal Bansal, who challenged the Registrar of Trademarks for incorrectly showing his 'Ganesh Chap' trademark status as 'Removed'. The court found that the initial registration was flawed—issued years late but confined to a past date (03.02.1996). Furthermore, the court emphasized that even if renewal was neglected, the Respondent failed in its duty by not issuing proper notices before cancellation. Consequently, the Registrar was mandated to issue a renewed trademark certificate with future validity.
Sunil Niranjan Shah v.Vijay Bahadur
The Delhi High Court addressed several interlocutory applications in a trademark infringement suit filed by Sunil Niranjan Shah against Vijay Bahadur. Crucially, the court granted the plaintiff exemption from mandatory pre-institution mediation, citing the defendant's suspicious conduct and history of similar infringing activities through related parties. The court also directed the defendant to appear physically on the next date of hearing, signaling continued judicial scrutiny over the matter.
Lt Foods Limited v.Murli Flour Mills P Ltd
Lt Foods Limited successfully secured an interim injunction against Murli Flour Mills P Ltd in the Delhi High Court. The plaintiff, a major player in the rice and food category, alleged that the defendant was infringing its registered trademarks 'DAAWAT' and 'DAWAT' by using an identical mark for premium 'Jeera'. The court found a prima facie case of infringement and passing off, granting immediate relief to prevent consumer confusion while the suit proceeds.
Moti Mahal Delux Management Services Pvt Ltd v.M/S. Soni Hospitality Services & Anr.
The Delhi High Court decreed a trademark infringement suit between Moti Mahal Delux Management Services and Soni Hospitality Services based on an amicable settlement. The defendant acknowledged the plaintiff's registered trademarks ('Moti Mahal', 'Tandoori Trail') and agreed to cease all use of confusingly similar marks, hand over promotional materials, and adhere strictly to the terms of a new franchise agreement. This judgment highlights how parties can resolve complex IP disputes through negotiated settlements.
Pawan Kumar Mittal Proprietor, Salasar Dev Basmati House v.Vijay Gupta & Ors.
The Delhi High Court overturned a District Judge's refusal to grant an ex parte ad interim injunction in a trademark infringement case. The court held that the lower court failed to provide any reasoning for its disinclination, which is legally unsustainable when addressing such urgent relief. Citing precedent regarding passing off and infringement, the High Court emphasized the necessity of immediate action, including appointing a Local Commissioner, if a prima facie case exists.
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