FMCG — India Trademark Cases
338 decisions indexed
Page 4 of 12 · 338 total
M/S.Pioneer Bakeries Pvt. Ltd. v.Mr.V.M.Joseph and The Registrar of Trademarks
The Madras High Court disposed of rectification petitions filed by M/S. Pioneer Bakeries Pvt. Ltd. against Mr. V.M. Joseph regarding the trademark 'MILKA'. The court relied on a binding Dispute Settlement Agreement (MOU) dated 18.02.2016, wherein Mr. Joseph acknowledged that PBPL was the true proprietor of 'MILKA' and agreed to end all disputes. Consequently, the Court directed the Registrar of Trademarks to cancel the disputed registrations.
Manju Singal Proprietor Singla Food Products v.Deepak Kumar, Deepak Manocha, Sara Sales and Anr.
Manju Singal Proprietor Singla Food Products filed a petition seeking rectification of a conflicting copyright registration held by Deepak Kumar. The petitioner claimed ownership over their artistic packaging design for 'Gulchhare' since 2009, asserting that the respondent's subsequent registration was based on an identical and slavish imitation. After examining the works, the Delhi High Court found that the respondent's work lacked originality compared to the petitioner's earlier creation.
SSG Pharma (P) Ltd v.Paras Pan Products Pvt Ltd
SSG Pharma (P) Ltd filed a petition seeking rectification of the copyright held by Paras Pan Products Pvt Ltd concerning the artistic work 'NAGRAJ HARFANMOLA'. The Petitioner argued that its own artistic work, 'SATMOLA', was the prior adopter and user. The court found that the Respondent's artistic work bore a striking resemblance to the Petitioner's, noting that the pouches were copied in terms of color scheme and images of children. Consequently, the court directed the rectification/expungement of the impugned copyright registration.
M/S.Rspl Health Private Limited v.Reckitt And Colman (Overseas) Hygiene Home Limited & Anr.
The Delhi High Court dismissed the petitions filed by M/S.Rspl Health Private Limited, which sought to have the trademark 'HARPIC DRAINXPERT' removed from the register. The court found that despite the petitioner's earlier marks, there was no likelihood of confusion among the average consumer when comparing 'XPERT' and 'HARPIC DRAINXPERT'. Furthermore, the court rejected the petitioner's plea regarding bad faith under Section 11(10)(ii), stating that such a claim requires cogent evidence beyond mere similarity.
Marico Limited v.MW & Sons And Anr.
The dispute between Marico Limited (Plaintiff) and MW & Sons And Anr. (Defendants) concerning alleged infringement was settled on August 18, 2023. The parties entered into a Consent Minutes of Order, leading to the decreeing of the suit in favour of the Plaintiffs.
Asian Paints Ltd. v.M. Senthilkumar
The applicant/plaintiff sought continuation of previously granted exparte ad-interim orders related to a passing off claim. Despite serving notice, the defendants remained absent. The court decided to continue the existing interim orders until further orders.
Virendra Kumar Gupta v.Burger King Corporation
The Madras High Court dismissed a rectification petition filed by Virendra Kumar Gupta against Burger King Corporation. The petitioner sought to cancel or impose a disclaimer on the 'Burger' and 'King' marks registered under No. 927122. The court relied on prior judgments, including one from the Delhi High Court and the Supreme Court ruling in Patel Field Marshal Agencies vs P.M. Diesels Ltd., concluding that the petition was not maintainable.
Sachin Gupta Trading As Gcmc Masala Co. v.Kbm Foods Pvt. Ltd.
The Delhi High Court dismissed the appeal filed by Sachin Gupta Trading As Gcmc Masala Co. against an interim injunction granted to Kbm Foods Pvt. Ltd. The court found that there was a high likelihood of confusion between the two parties' spice labels, particularly due to the use of similar marks and 'COW' devices. Despite the appellant's claims regarding prior use and copyright protection for their artwork, the court upheld the original order, finding that Kbm Foods had established a strong prima facie case for passing off.
UltraTech Cement Ltd. v.Ultratech Paints and Allied Products
The plaintiffs filed an Interim Application seeking a temporary injunction against the defendants. The court allowed the application, granting an interim order restraining the defendants from using the impugned name 'ULTRATECH' and associated domain names to infringe upon or pass off goods related to the well-known trade mark 'UltraTech'.
Radhakrishna Adiga v.M/s.Vasudeva Adigas Fast Foods Pvt Ltd
The Madras High Court dismissed a series of petitions filed by Radhakrishna Adiga against M/s. Vasudeva Adigas Fast Foods Pvt Ltd and the Registrar of Trademarks. The original petitions sought the removal or rectification of several trademarks registered under the name 'Vasudeva Adigas Fast Food Pvt Ltd.' However, the court noted that the petitioner had been instructed to withdraw all cases due to a settlement reached between the contesting parties.
Holyland Marketing Pvt. Ltd. v.Vijay Pal Vineet Kumar And Co. And Ors.
The Delhi High Court allowed a petition seeking rectification of the Trade Marks Register, striking down a competitor's registration. The petitioner successfully argued that the respondent's mark and trade dress were deceptively similar to its own, despite minor differences in the names ('Golden Crown' vs 'Golden Queen'). Furthermore, the court noted that the respondent's application was ineligible for registration under Section 11(1)(b) due to the petitioner's prior priority of user and registration. This ruling reinforces the protection afforded to established trade dress and marks against confusingly similar imitations.
A.D.Padmasingh Issac (Trading as Aachi Spices and Foods) v.Hariharan (Trading as Sruthi's Masala) & The Registrar of Trademarks
The Madras High Court dismissed the petition filed by A.D. Padmasingh Issac seeking the removal or rectification of Trademark No. 1759431 from the Register of Trademarks. The court noted that, subsequent to filing the suit, the trademark in question had already been removed from the register. Since the relief sought was no longer necessary due to this prior action, the petition was declared infructuous.
Virendra Kumar Gupta v.Burger King Corporation
The Madras High Court dismissed a rectification petition filed by Virendra Kumar Gupta against Burger King Corporation. The petitioner sought to cancel or impose a disclaimer on the 'Burger' and 'King' marks registered under No. 927122. The court relied on prior judgments, including one from the Delhi High Court and the Supreme Court ruling in Patel Field Marshal Agencies vs P.M. Diesels Ltd., concluding that the petition was not maintainable.
Virendra Kumar Gupta v.Burger King Corporation
The Madras High Court dismissed a rectification petition filed by Virendra Kumar Gupta against Burger King Corporation. The petitioner sought to cancel or impose a disclaimer on the 'Burger' and 'King' marks registered under No. 927122. The court relied on prior judgments, including one from the Delhi High Court and the Supreme Court ruling in Patel Field Marshal Agencies vs P.M. Diesels Ltd., concluding that the petition was not maintainable.
Virendra Kumar Gupta v.Burger King Corporation
The Madras High Court dismissed a rectification petition filed by Virendra Kumar Gupta against Burger King Corporation. The petitioner sought to cancel or impose a disclaimer on the 'Burger' and 'King' marks registered under No. 927122. The court relied on prior judgments, including one from the Delhi High Court and the Supreme Court ruling in Patel Field Marshal Agencies vs P.M. Diesels Ltd., concluding that the petition was not maintainable.
Virendra Kumar Gupta v.Burger King Corporation
The Madras High Court dismissed a rectification petition filed by Virendra Kumar Gupta against Burger King Corporation. The petitioner sought to cancel or impose a disclaimer on the 'Burger' and 'King' marks registered under No. 927122. The court relied on prior judgments, including one from the Delhi High Court and the Supreme Court ruling in Patel Field Marshal Agencies vs P.M. Diesels Ltd., concluding that the petition was not maintainable.
M/s Izuk Impex v.Kidar Kutubuddin Momin & Anr.
M/s Izuk Impex filed a suit for passing off and trademark infringement against Kidar Kutubuddin Momin and M/s Star Mehandi Cone regarding the use of similar trademarks. The plaintiff, owner of 'MOON & STAR' and related copyrights, successfully argued that the defendants were gaining unfair advantage by using deceptively similar marks in the mehandi business.
Virendra Kumar Gupta v.Burger King Corporation
The Madras High Court dismissed a rectification petition filed by Virendra Kumar Gupta against Burger King Corporation. The petitioner sought to cancel or impose a disclaimer on the 'Burger' and 'King' marks registered under No. 927122. The court relied on prior judgments, including one from the Delhi High Court and the Supreme Court ruling in Patel Field Marshal Agencies vs P.M. Diesels Ltd., concluding that the petition was not maintainable.
Virendra Kumar Gupta v.Burger King Corporation
The Madras High Court dismissed a rectification petition filed by Virendra Kumar Gupta against Burger King Corporation. The petitioner sought to cancel or impose a disclaimer on the 'Burger' and 'King' marks registered under No. 927122. The court relied on prior judgments, including one from the Delhi High Court and the Supreme Court ruling in Patel Field Marshal Agencies vs P.M. Diesels Ltd., concluding that the petition was not maintainable.
Artsana India Private Limited v.Vishanji Viijpar Savla
The plaintiff, Artsana India Private Limited, a subsidiary of Artsana SPA (Italy), claimed ownership of the well-known trademark "CHICCO" used for child care goods. The plaintiff alleged that the defendant was fraudulently adopting and misusing this trademark to run his own business, causing dilution and loss. The court granted permanent injunction in favor of the plaintiff and awarded costs.
ITC Limited v.Khayrul Bashar And Anr.
The Calcutta High Court allowed ITC Limited's application for rectification against the trademark 'NEEMYLE'. The court found that the registration was obtained wrongfully because the Registrar failed to conduct a proper and adequate search of earlier, similar marks. Given the prior extensive use and established goodwill of ITC's mark 'NIMYLE', the continuance of the impugned mark was deemed contrary to public interest, leading to its cancellation.
Kurlon Enterprises Ltd. v.M/S Goel Foam Co.
The plaintiff, Kurlon Enterprises Ltd., filed a suit alleging that the defendant, M/S Goel Foam Co., was misguiding customers by displaying the plaintiff's glow sign board and selling products under its name without authorization. The court found that the plaintiff successfully proved through documentary evidence that the defendant was infringing upon their trade mark and business reputation.
Om Shivam Utpadan v.Saraswati Utpadan Private Limited
The Delhi High Court disposed of multiple trademark and copyright rectification petitions after the parties reached a comprehensive settlement through mediation. The agreement outlines specific usage rights for both parties' marks and logos, allowing them to continue using certain designs under modified conditions while withdrawing ongoing legal challenges. This resolution provides clarity on their respective intellectual property rights moving forward.
Sh. Amar Tulsiyan v.Harshil Jayeshbhai Shah
The plaintiff filed a suit seeking permanent injunction against the defendant for infringing his registered and adopted trademarks (NIINE, NINE, 9) used in food and personal hygiene products. The court found that the defendant's adoption and intended use of 'Nine Plus' was deceptively similar to the plaintiff's marks and constituted infringement.
Nirma Limited v.Purnima Gupta And Anr
The Delhi High Court allowed Nirma Limited's rectification petition, successfully removing the deceptively similar trademark 'NIMA' registered in favor of Purnima Gupta. The court held that because Nirma's primary mark ('NIRMA') is a well-known trade mark and the marks are confusingly similar, allowing the registration would cause consumer deception and dilute Nirma's established goodwill. This judgment reinforces the protective scope afforded to well-known trademarks against subsequent registrations.
Hindustan Unilever Ltd v.Vim Industries Ltd
Hindustan Unilever Ltd filed an interim application seeking continuation and reinforcement of an exparte ad-interim order. The court found that a case for passing off was made out, specifically concerning the use of marks VIM, SURF, and the Splat device in relation to cleaning products.
Unilever Ip Holdings B.V. v.New Parle Ice Cream
The suit was filed by Unilever IP Holdings B.V. against New Parle Ice Cream concerning an IP matter. The parties subsequently reached a settlement, which was formally recorded and accepted by the Bombay High Court on September 28, 2022.
M/S Blue Heaven Cosmetics Private Limited v.Midie Cosmetics Through Its Proprietor Sh Tilak Raj & Anr.
M/S Blue Heaven Cosmetics Private Limited filed a petition before the Delhi High Court seeking the cancellation or rectification of the trademark 'BLUEHEART' (No. 3388032) registered in Class-03. The court issued notice to the defendants, Midie Cosmetics, setting a date for them to complete their pleadings and proceed with the matter.
Asian Paints Ltd. v.Charulbhai Patel Prop. Business under name of Pacific Paints Industries.
The applicant (Asian Paints Ltd.) filed an interim application seeking further ad-interim relief in a commercial IP suit against the defendants. The court noted that previous ad-interim relief had been granted, and since the defendant was served, the matter was placed on the board for 'further ad-interim relief' on a subsequent date.
Om Shivam Utpadan v.Saraswati Utpadan Private Limited
The Delhi High Court disposed of multiple trademark and copyright rectification petitions after the parties reached a comprehensive settlement through mediation. The agreement outlines specific usage rights for both parties' marks and logos, allowing them to continue using certain designs under modified conditions while withdrawing ongoing legal challenges. This resolution provides clarity on their respective intellectual property rights moving forward.
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