Industry Sector

FMCG — India Trademark Cases

551 decisions indexed

Page 4 of 19 · 551 total

trademark defendant favorable · Aug 8, 2024

Madhu Food Products v.Surya Processed Food Pvt. Ltd.

Delhi High Court · 189328350

The Delhi High Court dismissed the appeal filed by Madhu Food Products, upholding the Commercial Court's initial order favoring Surya Processed Food Pvt. Ltd. The dispute centered on alleged trademark infringement and passing off concerning food products under the marks 'HUNK' and 'HUNT'. The court found prima facie evidence that the appellant copied the respondent's distinctive trade dress and packaging, concluding that the use of 'HUNT' was intended to take advantage of the respondent's established goodwill. This judgment reinforces the importance of protecting brand identity through both trademark registration and distinct visual presentation.

trademark mixed · Aug 7, 2024

Hell Energy Magyarorszag Kft v.Vishnu Enterprises & Ors.

Delhi High Court - Orders · 7622182

In a significant ruling concerning intellectual property rights, the Delhi High Court addressed several interlocutory applications in favor of Hell Energy Magyarorszag Kft. The court granted exemptions regarding document filing and pre-litigation mediation, while crucially allowing the plaintiff to proceed with urgent interim relief. Specifically, the court authorized search and seizure operations through Local Commissioners to protect the registered trademarks and copyrights associated with the 'HELL' brand, paving the way for robust enforcement against alleged infringers.

trademark plaintiff favorable · Aug 1, 2024

Grm Foodkraft Pvt Ltd And Anr v.Ks Agro Impex And Anr

Delhi High Court - Orders · 15085528

The Delhi High Court granted an ex-parte ad interim injunction in favor of Grm Foodkraft Pvt Ltd against Ks Agro Impex. The court found that the defendant's use of a nearly identical packaging and mark ('ZARDA SPECIAL') created a significant likelihood of consumer confusion with the plaintiff's 'Zarda King' product. This ruling protects the plaintiff's trade dress, which was deemed both an original trade dress under the Trade Marks Act and an original artistic work under the Copyright Act.

trademark plaintiff favorable · Jul 30, 2024

Mars Incorporated v.Rf Limited And Ors.

Delhi High Court - Orders · 196567498

The Delhi High Court decreed the suit filed by Mars Incorporated against Rf Limited And Ors. following a comprehensive settlement between the parties. The dispute centered on the alleged infringement and passing off related to the distinctive packaging, trade dress, and branding of Mars' PEDIGREE pet food line. Under the terms of the settlement, the defendants acknowledged Mars' proprietary rights and agreed to cease manufacturing or marketing pet foods using an identical trade dress or get-up for their 'PETYUM' brand.

trademark mixed · Jul 29, 2024

Is Eg Halal India Private Limited v.Standard Frozen Foods Exports Pvt. Ltd

Delhi High Court - Orders · 20658914

The Delhi High Court issued a significant interim order in the trademark infringement suit filed by Is Eg Halal India Private Limited against Standard Frozen Foods Exports Pvt. Ltd. The court granted the plaintiff an ex-parte ad-interim injunction, recognizing the importance of their 'IS EG Halal' mark in the market. Furthermore, it appointed a Local Commissioner with broad powers to seize infringing packaging materials and inspect relevant books of accounts, ensuring immediate protection for the trademark holder.

trademark mixed · Jul 26, 2024

Anheuser Busch Inbev India Limited v.Jagpin Brewerise Limited

Bombay High Court · 88960267

In this trademark infringement matter, the Bombay High Court addressed motions filed by the defendant seeking to introduce a plea of invalidity. The court noted that since the defendants were uninterested in pursuing the current motions and had discharged their counsel twice, it was appropriate to dismiss the pending Chamber Summons and Notices of Motion for now. Furthermore, the court reinforced established Supreme Court precedent, clarifying that while rectification applications exist, the Civil Court must first determine the prima facie validity of the trademark before granting a stay on the suit.

trademark plaintiff favorable · Jul 18, 2024

M/S Kwality Food Products v.Anil Singla @ Anil Kumar & Ors.

Delhi High Court - Orders · 90309295

The Delhi High Court granted an interim injunction in favor of M/S Kwality Food Products against Anil Singla and others, finding a prima facie case of trademark infringement and passing off. The court noted that the plaintiff has been continuously using the 'Ruchi' marks for spices since 1992, establishing common law rights. Given the identical nature of the goods and deceptive similarity of the packaging, the court restrained the defendants from using the mark to prevent consumer confusion.

trademark mixed · Jul 16, 2024

Anil Kumar Sole Proprietor Of M/S Anil Kumar Ramesh Kumar v.Jyoti Sales House & Anr.

Delhi High Court - Orders · 63696781

The Delhi High Court addressed a suit filed by Anil Kumar, seeking permanent injunctions against the alleged infringement of his registered trademark 'DHANI' used for edible oil. The plaintiff claimed that the defendant's mark, 'DHANIBABA', was deceptively similar in the same business sector. Recognizing the potential for resolution, the court referred the matter to the Delhi High Court Mediation and Conciliation Centre, allowing both parties an opportunity to settle their trademark dispute outside of litigation.

trademark plaintiff favorable · Jul 11, 2024

Hugo Boss Trademark Management Gmbh And ... v.Suresh Kumar Suman

Delhi District Court · 56381112

The plaintiff, Hugo Boss Trademark Management Gmbh & Co. KG, filed a suit alleging that the defendant was manufacturing and selling counterfeit apparel using the identical trademark 'HUGO BOSS' in South Delhi. The court found the plaintiff entitled to relief after the defendant failed to file a written statement despite being served.

trademark plaintiff favorable · Jul 11, 2024

Asian Paints Limited v.John Doe And Others

Delhi High Court - Orders · 173195568

Asian Paints Limited successfully secured critical interim relief against defendants accused of trademark infringement and passing off. The Delhi High Court granted orders directing various parties—including Domain Name Registrars, banks, and mobile service providers—to suspend specific infringing websites and freeze associated bank accounts. This decisive order aims to immediately halt the sale of counterfeit products using the 'ASIAN PAINTS' mark across e-commerce platforms.

trademark mixed · Jul 2, 2024

V.Sundaresan & Ors. v.Varalakshmi Starch Industries Pvt. Ltd., & Anr.

Madras High Court · 139874200

The Madras High Court addressed multiple appeals and petitions concerning a trademark infringement dispute over the 'Varalakshmi' brand name used for sago/sabudana products. Recognizing the overlap between the appellate issues and the main suit, the Court directed the Commercial Court to expedite the original trademark suit within 16 weeks. Crucially, while vacating previous stays on proceedings, the High Court ensured that the existing interim order from the lower court would remain in effect until the final judgment of the main suit.

trademark mixed · Jul 1, 2024

Megha Cashew Pvt. Ltd. v.M/S B.R. Industries

Meghalaya High Court · 112204974

The Meghalaya High Court admitted the appeal filed by Megha Cashew Pvt. Ltd. against an earlier order concerning alleged trademark infringement and costs. The appellant primarily sought reconsideration regarding the quantum of costs imposed. The court allowed the matter to proceed for further hearing, provided the appellant deposits Rs. 1.50 Lakhs within one week.

trademark mixed · May 30, 2024

M/S Nakoda Food Marketing & Ors. v.M/S Mahesh Edible Oil Industries Limited

Delhi High Court - Orders · 91166713

The Delhi High Court addressed an application filed by the respondent seeking interim relief in a trademark dispute. The court noted that while the respondent's mark is registered and well-known, the appellants' mark was unregistered and had previously been withdrawn from registration. Consequently, the court declined to grant any ad interim order at this stage but directed the appellants to file detailed documentation regarding their prior use and application history for future consideration.

trademark plaintiff favorable · May 30, 2024

Ds Agrifoods Private Limited v.M/S Singhal Enterprises & Ors.

Delhi High Court - Orders · 183114148

The Delhi High Court granted an ad-interim ex-parte injunction in favor of Ds Agrifoods Private Limited against M/S Singhal Enterprises & Ors. The court found that the Defendant's use of the mark 'DOODMALAI' and its associated trade dress was deceptively similar to the Plaintiff's established trademark 'DOONMALAI'. Given the phonetic, visual, and structural similarity, coupled with a prior business relationship suggesting bad faith, the court ruled that the Defendants were passing off their goods. This interim order protects the Plaintiff's market standing until the final hearing.

trademark plaintiff favorable · May 30, 2024

Hell Energy Magyarorszag Kft. & Anr. v.National Internet Exchange Of India (NIXI) & Ors.

Delhi High Court - Orders · 88857968

The Delhi High Court granted urgent interim relief in favor of Hell Energy Magyarorszag Kft., addressing the misuse of its 'HELL' trademark by imposters operating fraudulent websites. The court directed domain registrars to block infringing domains, mandated banks to freeze suspicious accounts, and ordered telecom providers and government agencies (MeitY/DoT) to take steps to disable mobile numbers and block website access. This decisive order aims to protect the plaintiff's brand reputation and prevent further financial fraud.

trademark mixed · May 29, 2024

Manash Lifestyle Private Limited v.Paghadar Riddhi Savanbhai & Ors.

Delhi High Court - Orders · 50501364

The Delhi High Court issued a series of orders in the trademark infringement suit filed by Manash Lifestyle Private Limited against Paghadar Riddhi Savanbhai & Ors. The court formally registered the plaint as a commercial suit and set out procedural timelines for both parties to file their respective pleadings, including affidavits of admission/denial of documents. Additionally, several interlocutory applications seeking exemptions from pre-institution mediation and advance service were granted by the court.

trademark settled · May 28, 2024

Hershey India Private Limited v.Mohammed Arif Mohammed Hussain Akbani and Anr.

Delhi High Court - Orders · 144609481

The Delhi High Court disposed of multiple trademark litigation cases involving Hershey India Private Limited and Mohammed Arif Mohammed Hussain Akbani after the parties reached a comprehensive settlement. The dispute, which involved various commercial IP matters including suit and rectification petitions, was resolved through mediation before the court. The court accepted the terms of the settlement agreement dated May 1, 2024, thereby disposing of the main suit while adjourning related rectification petitions subject to compliance with the agreed-upon clauses.

trademark mixed · May 28, 2024

The Food Masters v.V G And Group & Ors.

Delhi High Court - Orders · 151173195

In a trademark dispute concerning the mark 'THE FOOD MASTER', the Delhi High Court suspended an existing ex parte injunction. The suspension was granted to allow the court to comprehensively assess conflicting claims regarding prior use and senior adoption by both parties. The court directed both sides to place crucial documents, including evidence of user status from 2013 and details of a related suit filed in Faridabad, on record before proceeding.

trademark mixed · May 27, 2024

Tanvi Fitness Private Limited v.M/S R.M. Foods & Ors.

Delhi High Court - Orders · 26350937

Tanvi Fitness Private Limited filed a suit alleging that M/S R.M. Foods & Ors. adopted a deceptively similar trade dress for their products in the fitness and peanut butter industry. The Delhi High Court, while allowing the main suit to proceed, addressed several interlocutory applications regarding documentation and mediation. Crucially, the court noted the dispute over whether the Defendants' alleged infringing trade dress has been discontinued or if the current suit also covers a newer design adopted by the Respondents.

trademark plaintiff favorable · May 24, 2024

Asian Paints Limited v.Ajeet Kumar And Others

Delhi High Court - Orders · 63836119

The Delhi High Court allowed Asian Paints Limited's application to implead numerous additional parties—including domain name registrars, banks, and telecom service providers—in its trademark infringement suit. The court found a prima facie case for the plaintiff, noting that fraudsters were using various digital channels (websites, phone numbers, bank accounts) to perpetuate the misuse of the 'ASIAN PAINTS' mark. Consequently, the existing injunction was expanded, and specific directions were issued compelling these third-party defendants to block infringing websites, freeze associated bank accounts, and suspend mobile numbers.

trademark plaintiff favorable · May 20, 2024

Kaira District Cooperative Milk Producers Union Ltd v.Hub.Nrw-Euindia Invest Gmbh & Ors

Delhi High Court - Orders · 161120081

The Delhi High Court ruled in favor of Kaira District Cooperative Milk Producers Union Ltd (AMUL), granting a decree against multiple defendants for trademark infringement related to the 'AMUL TRU seltzer' brand. The court issued sweeping orders requiring domain registrars and the Department of Telecommunications to block access to various infringing websites globally. Furthermore, it restrained certain parties from exporting AMUL products that were not intended for the EU market, reinforcing robust protection against digital counterfeiting and unauthorized trade.

trademark mixed · May 16, 2024

Bonn Nutrients Pvt. Ltd & Anr. v.Pahal Foods Pvt. Limited & Ors.

Delhi High Court - Orders · 77862410

In a dispute over the packaging and trade dress of coconut cookies, Bonn Nutrients sought an injunction against Pahal Foods for alleged infringement. The Delhi High Court issued an order facilitating an amicable settlement between the parties. Defendants agreed not to manufacture any more products under the disputed label/packaging but were granted time to exhaust their existing stock of 15,000 cases. Both parties were also directed toward mediation and listed for further consideration.

trademark plaintiff favorable · May 14, 2024

Bisleri International Private Limited v.M/S Shri Sai Foods & Beverages & Ors

Delhi High Court - Orders · 157239387

The Delhi High Court granted the plaintiff, Bisleri International Private Limited, an extension of 90 days to execute local commissions in a trademark infringement suit. The court also appointed four additional advocates as local commissioners. This order facilitates the quantification of damages by allowing detailed inspection and inventory of infringing goods at the defendants' premises.

trademark mixed · May 10, 2024

Dharampal Satyapal Foods Ltd. v.Parle Products Pvt. Ltd.

Bombay High Court · 28463897

Dharampal Satyapal Foods Ltd. filed a petition seeking the cancellation and removal of the trademark registration 'MAZELO' held by Parle Products Pvt. Ltd. The Bombay High Court, in its Commercial Division, permitted the petitioner to amend their petition to include the Registrar of Trademarks as Respondent No. 2. This procedural step moves the case forward toward challenging the validity of the existing trademark.

trademark defendant favorable · May 6, 2024

Bot Organic Private Limited v.Piruz Khambhatta & Anr.

Gujarat High Court · 156908470

The Gujarat High Court dismissed a challenge filed by Piruz Khambhatta against an earlier Commercial Court order that allowed the plaintiff, Bot Organic Private Limited, to amend its plaint. The core dispute involved alleged trademark infringement and passing-off concerning the mark 'RUS' used on fruit juice packaging versus the plaintiff's well-known mark 'RASNA'. The court upheld the amendment, finding that adding variants of the existing trade mark did not fundamentally change the nature or scope of the original suit.

trademark plaintiff favorable · May 6, 2024

Kunj Bihari Food Processors Private Limited v.Shree Shakambari Rice Mill Private Limited & Ors.

Delhi High Court - Orders · 39139904

The Delhi High Court granted an ex-parte ad interim injunction in favor of Kunj Bihari Food Processors Private Limited against Shree Shakambari Rice Mill Private Limited. The court found that the plaintiff had made out a prima facie case regarding trademark infringement, specifically concerning the use of identical or deceptively similar labels and trade dress for rice products. This immediate relief prevents the defendants from continuing to manufacture or sell goods under the disputed marks until the full trial can take place.

trademark mixed · Apr 26, 2024

M.Anees Ahmed (M/s.Ambur Star Briyani) v.Star Briyani

Madras High Court · 24465529

The Madras High Court addressed a suit filed by M.Anees Ahmed concerning the alleged misuse of his trade name, "Ambur Star Briyani," by the defendant, "Star Briyani." The plaintiff sought permanent injunctions against infringement and passing-off, as well as a declaration that his mark is a 'well-known mark.' The court examined the long history and extensive public recognition of the plaintiff's brand, which traces its origins back to 1890. While the judgment details the claims for relief, it appears to be an interim or procedural order given the lack of detailed findings on merits in the provided excerpt, setting the stage for further litigation.

trademark plaintiff favorable · Apr 26, 2024

Tata Sons Private Limited & Anr. v.Om Prakash Gupta

Delhi High Court - Orders · 171678258

In a case concerning the infringement of trademarks and copyrights, Tata Sons sought judicial assistance to manage seized counterfeit products. The Delhi High Court granted the application, appointing a Local Commissioner to visit the warehouse where 624 packages of fake TATA TEA PREMIUM were stored. This order allows Plaintiffs to draw samples for trial purposes while also granting them liberty to destroy the remaining inventory, ensuring the chain of custody is maintained.

trademark mixed · Apr 25, 2024

Belle Wears Private Limited v.Hobby Garments Private Limited

Delhi High Court - Orders · 131921486

The Delhi High Court initiated proceedings in the trademark infringement and passing off case filed by Belle Wears Private Limited against Hobby Garments Private Limited. The court formally registered the suit and directed the issuance of summons to the defendant. Crucially, the plaintiff was also granted an interim order allowing notice to be served on the defendant regarding the alleged infringement of the 'TEENAGER' trademark and artistic work, setting the stage for further litigation.

trademark settled · Apr 23, 2024

Shree Shyam Snacks Food Pvt Ltd v.Bikanervala Foods Pvt Ltd

Delhi High Court - Orders · 100206059

The Delhi High Court disposed of the trademark dispute between Shree Shyam Snacks Food Pvt Ltd and Bikanervala Foods Pvt Ltd following a comprehensive settlement. The defendant agreed to exhaust all existing stock bearing the disputed mark 'SHYAMJI' by September 30, 2024, while simultaneously withdrawing opposition and registration applications related to that mark. Crucially, the plaintiff consented not to oppose the defendant's adoption of the new trademark, 'SHYAM RASS', effectively resolving the conflict amicably.

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