FMCG — India Trademark Cases
338 decisions indexed
Page 5 of 12 · 338 total
Asian Paints Limited v.B. N. Ravi Prakash
The court heard arguments regarding the service of process in an ongoing IPR suit. After confirming that the defendant had been duly served, the Leave Petition was made absolute. The court granted the defendant one more opportunity to appear before considering the main prayer for passing off.
Hindustan Unilever Limited v.Ashok Kumar
Hindustan Unilever Limited filed an interim application seeking permission to amend its suit plaint and interim application. The plaintiff sought to implead Mr. Kuldeep Singh, who was identified as the owner manufacturing counterfeit detergent preparations based on a Court Receiver's report. The court permitted the amendments and continued the existing ad-interim injunction.
Unilever Plc. And Anr. v.Vikas
This interim application sought to continue and grant further ad-interim relief against the defendant, Vikas. The court reviewed the findings of the Court Receiver regarding additional infringing goods and permitted amendments to the plaint. Consequently, the court ordered the continuation of the exparte ad-interim injunctions.
Sh Nirmal Kumar @ Nirmal Kumar Gupta & Ors. v.State(Govt. Of Nct Of Delhi) And Anr.
The Delhi High Court issued a significant order rectifying entries in the Trade Marks Register concerning two trademarks (No. 1116678 and No. 2091984). Following mediation settlement, the court restored M/s Rattan Milk Specialities Private Limited as the original proprietor of TM No. 1116678, cancelling previous entries in favor of Nirmal Kumar. The court also rectified the entry related to TM No. 2094984. While the petitioners sought quashing of an FIR, the primary focus was on correcting the trademark ownership records based on the settlement terms.
Unilever Plc v.Mukesh
The applicants filed an interim application seeking the extension and granting of ad-interim injunctions against the defendants. The court granted temporary injunctions restraining the defendants from manufacturing or selling goods in the FMCG industry using counterfeit marks, pirated artwork, or trade dress deceptively similar to the plaintiffs' registered trademarks (VIM) and prior used trademarks (U-Logo, SURF/SURF EXCEL).
Marico Limited v.The Deputy Registrar of Trademarks
Marico Limited successfully challenged the actions of the Trademark Registry in the Madras High Court, arguing that the Registrar acted without jurisdiction when removing its registered trademark 'MANJAL'. The court ruled in favor of Marico, holding that the Registrar improperly bypassed statutory requirements by proceeding with rectification despite an ongoing infringement suit. This judgment reinforces the strict jurisdictional limits placed on the Registrar under the Trademarks Act.
M/S Blue Heaven Cosmetics Private Limited. v.Deepak Arora & Anr.
The Delhi High Court ruled in favor of M/S Blue Heaven Cosmetics, ordering the cancellation and rectification of a conflicting trademark registered by Deepak Arora ('MARC HEAVEN'). The court found that 'MARC HEAVEN' was deceptively similar to the Petitioner's established mark 'BLUE HEAVEN,' particularly due to the appropriation of the dominant feature 'Heaven.' Citing Sections 9 and 11 of the Trade Marks Act, the judgment held that the Respondent's registration lacked distinctive character and caused public confusion.
John Distilleries Pvt. Ltd v.Shashi Distilleries Private Limited
John Distilleries Pvt. Ltd filed a suit against Shashi Distilleries Private Limited seeking permanent injunction to prevent the use of an Aseptic Brick Pack packaging that is deceptively similar to its own distinctive trade dress used for 'Original Choice' whisky. The plaintiff also sought mandatory injunction to withdraw the defendant's application for approval of this similar packaging.
Siddhant Icecreams LLP and Ors. v.Venkata Siva Suhas Kumar Bommisetty & Ors.
The Plaintiffs, Siddhant Icecreams LLP and Ors., filed an interim application seeking relief against the Defendants for infringement of their registered 'NATURAL' family marks and passing off. The court granted an ad-interim injunction restraining the defendants from using the infringing marks and ordering them to remove related online advertisements.
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.
Hindustan Unilever Limited v.Muhammed Rafi
Hindustan Unilever Limited filed a suit against Muhammed Rafi alleging infringement of its registered trademark, 'SPLAT LOGO', used for detergent goods. The parties subsequently reached an amicable settlement.
TTK Registered Ltd. v.Hiveloop Technology Private Ltd.
The plaintiff, TTK Prestige Ltd., sued Hiveloop Technology Private Ltd. for trademark infringement and passing off due to the sale of its 'PRESTIGE' kitchen appliances on the defendant's online platform without authorization. The defendant sought summary judgment, arguing that the doctrine of exhaustion applies once goods are lawfully sold into the market, and there is no privity of contract between the parties.
Reckitt Benckiser India Private Limited v.Hindustan Unilever Limited
Reckitt Benckiser India Private Limited filed an application seeking injunction against Hindustan Unilever Limited, alleging that a campaign of advertisements by HUL was designed to vilify and denigrate its popular toilet cleaner brand, HARPIC. The plaintiff argued that these ads disparaged the product's effectiveness and sought to divert market share to HUL's DOMEX. The court examined whether the defendant's advertising amounted to passing off or defamation of goodwill.
M/s RSPL Health Private Limited v.Gian Soap Factory
The plaintiff, M/s RSPL Health Private Limited, filed a suit seeking permanent injunction against Gian Soap Factory for infringing its registered trademark 'XPERT' and engaging in passing off. The defendant adopted the deceptively similar mark 'GIAN'S 729 EXPERT' for manufacturing and marketing cleaning materials like soaps and detergents. The court found that the defendant infringed upon the plaintiff's proprietary rights, granting permanent injunction and awarding damages.
Siddhant Icecreams LLP v.Mind Blowing Naturals LLP
The Plaintiffs, proprietors of the mark NATURAL for ice creams since 1983/84, filed an interim application alleging that Defendants were using a substantially similar mark (MIND BLOWING NATURALS) and infringing their copyrighted logo. The Court found prima facie evidence of confusion and deception.
Procter And Gamble Hygiene and Health Care Ltd v.Danish Health Care Pvt Ltd
The Bombay High Court disposed of an Interim Application filed by Procter and Gamble Hygiene and Health Care Ltd against Danish Health Care Pvt Ltd. The court confirmed the continuation of a previous ex parte order and directed that further orders would be passed on the cause of action in passing off.
Xotik Frujus Pvt Ltd v.Silvassa Bottling Co
The dispute involved alleged infringement concerning a registered label used by Xotik Frujus Pvt Ltd for its beverage product, JEERU. Following an ad-interim order appointing a Court Receiver, the parties reached an agreement regarding labeling changes and the handling of seized goods.
Hindustan Unilever Limited v.Aarif Miraj And Anr
The Bombay High Court heard an interim application filed by Hindustan Unilever Limited against Aarif Miraj and others. The court confirmed the execution of previous orders, granted an injunction concerning passing off, and allowed the plaintiff liberty to file a further application for the destruction of counterfeit products.
Hindustan Unilever Ltd v.Vansh Cosmatic & Anr
The court heard an interim application regarding a commercial IP suit filed by Hindustan Unilever Ltd against Vansh Cosmatic & Anr. The defendants offered a token amount as damages, but the court noted that the counterfeit HUL goods were being sold at MRP, indicating significant potential damage. Consequently, the court granted further injunctions and allowed the seizure of counterfeit goods.
M/S Blue Heaven Cosmetics Private Limited. v.Deepak Arora & Anr.
The Delhi High Court ruled in favor of M/S Blue Heaven Cosmetics, ordering the cancellation and rectification of a conflicting trademark registered by Deepak Arora ('MARC HEAVEN'). The court found that 'MARC HEAVEN' was deceptively similar to the Petitioner's established mark 'BLUE HEAVEN,' particularly due to the appropriation of the dominant feature 'Heaven.' Citing Sections 9 and 11 of the Trade Marks Act, the judgment held that the Respondent's registration lacked distinctive character and caused public confusion.
Krown Biscuit Private Limited v.Richfield Industries Private Limited
Krown Biscuit Private Limited filed a suit against Richfield Industries Private Limited alleging trademark infringement, copyright violation, and passing off. The plaintiffs claimed that the defendant was using the deceptively similar mark 'WHITE MAGIK' and associated trade dress for biscuits, confusing consumers who were familiar with the plaintiff's established brand, 'BLACK MAGIC.' Based on the prima facie case presented by the plaintiffs regarding the similarity of the marks and packaging, the court granted an interim injunction.
Pepsico Inc. v.Parle Agro Private Limited
The Delhi High Court addressed several interlocutory applications in the trademark dispute between Pepsico Inc. and Parle Agro Private Limited. The court granted certain exemptions while noting that the defendant intended to file an application seeking rectification under Section 124 of the Trademarks Act. The matter was subsequently renotified for further hearing on August 5, 2021.
Pepsico Inc. v.Parle Agro Private Limited
The Delhi High Court addressed several interlocutory applications in the trademark dispute between Pepsico Inc. and Parle Agro Private Limited. The court granted certain exemptions while noting that the defendant intended to file an application seeking rectification under Section 124 of the Trademarks Act. The matter was subsequently renotified for further hearing on August 5, 2021.
Kbm Foods Pvt. Ltd. v.Sachin Gupta
The Delhi High Court granted an interim injunction in favor of Kbm Foods Pvt. Ltd. against Sachin Gupta, preventing the use of similar marks and trade dress for spices. The court found that the plaintiff had established a prima facie case of passing off based on long-standing prior use (since 1969) and significant goodwill associated with the 'GAI CHAAP' mark and 'COW' device. This decision underscores the importance of demonstrating continuous, bona fide usage when asserting trademark rights in the FMCG sector.
The Polo/Lauren Company L. P v.Reekha Bhati
The suit was filed by The Polo/Lauren Company L. P against Reekha Bhati for permanent injunction, alleging infringement and passing off of its registered trademarks (POLO, POLO Ralph Lauren) on apparel and clothing goods. The court found that the defendant used identical/deceptively similar marks in relation to impugned goods, causing confusion and deception.
Unilever Plc v.Radhe Cosmetics
The Bombay High Court passed an interim application order, confirming a previous order and granting a temporary injunction. The injunction restrains Radhe Cosmetics from manufacturing or trading cosmetic preparations using marks or trade dress deceptively similar to Unilever's registered trademarks (like LAKME NINE TO FIVE) and copyrighted artistic works.
Xotik Frujus Pvt Ltd v.Kishan Hirji Gothi Sole Proprietor Of Bubalus Beverages
Xotik Frujus Pvt Ltd filed a Commercial IP Suit against Kishan Hirji Gothi for alleged infringement. The Defendant submitted to the decree terms, leading the Court to dispose of the suit in favor of the Plaintiff.
Bajaj Electricals Limited v.Urban Foodmart India Pvt Ltd
Bajaj Electricals Limited filed an Interim Application against Urban Foodmart India Pvt Ltd for alleged trademark infringement related to the mark "BAJAJ SUPERMART". The court accepted an undertaking from the Defendants that they would cease using the infringing mark pending the final disposal of the application and remove all associated signage.
Sarvasuddi Suryanarayana v.The Union Of India
The petitioner filed a Writ Petition challenging the procedural actions taken by various respondents, including the delayed service of Counter Statement and taking on record evidence in an opposition proceeding (Opposition No. 969651). The petitioner sought directions to reject the opposing evidence and register their trademark application.
Hindustan Unilever Ltd v.Balaji Enterprises
Hindustan Unilever Ltd filed an Interim Application seeking ad-interim reliefs against Balaji Enterprises for alleged trade mark infringement and passing off related to flour products. The court found a sufficient prima facie case, noting that both marks are phonetically, visually, and structurally indistinguishable, leading to inevitable consumer confusion.
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