FMCG — India Trademark Cases
551 decisions indexed
Page 6 of 19 · 551 total
International Foodstuffs Co. Llc v.Vijay Kumar Mittal And Pawan Kumar And ...
The dispute between International Foodstuffs Co. Llc and Vijay Kumar Mittal was resolved through mediation before the Delhi High Court. The parties entered into a comprehensive settlement agreement, acknowledging each other's proprietary rights in the trademark 'ALLEGRO' across different product categories and jurisdictions. This resolution required both parties to withdraw existing legal actions and abide by specific usage restrictions for the mark.
Bajaj Resources Limited & Anr. v.Ena Universal & Anr.
The Delhi High Court addressed applications seeking to enforce an existing injunction against trademark infringement related to 'BAJAJ ALMOND DROPS'. The Plaintiffs argued that Defendants were circumventing the court order by selling infringing products through e-commerce platforms under different names. Recognizing this evasion, the Court allowed the impleadment of new parties, including AMZ Venturz, VBRO Skin Care, and Flipkart itself, to ensure comprehensive enforcement against all involved entities.
Mohan Breweries and Distilleries Limited v.Appollo Distilleries Pvt. Ltd.
Mohan Breweries and Distilleries Limited filed a civil suit against Apollo Distilleries Pvt. Ltd. and Tamil Nadu State Marketing Corporation Limited, alleging infringement of its registered design and trademark, as well as passing off their beer products. The plaintiff sought permanent injunctions, accounting of profits, destruction of infringing goods, and damages amounting to Rs. 2 Crores. However, the suit was ultimately dismissed by the court upon the request of the plaintiff's counsel.
Ved Prakash Malhotra (M/s. S.P. Products) v.M/s.Abhinav Export Corporation
This Madras High Court judgment addressed an appeal challenging the rejection of an opposition against a trademark application ('BLACK GOLD'). The court analyzed claims of similarity and prior use between 'BLACK N GOLD' (appellant) and 'BLACK GOLD' (respondent). While acknowledging the marks are nearly identical, the court found that the respondent successfully established honest concurrent use dating back to 1992. Consequently, the respondent was granted the benefit of Section 12, but their rights were narrowly restricted solely to henna hair dye products.
Retail Royalty Company & Anr. v.Garvit Khandelwal, Trading As Ektarfa Garments & Ors
The Delhi High Court ruled in favor of the Plaintiffs, Retail Royalty Company & Anr., against Garvit Khandelwal (Ektarfa) for trademark infringement involving 'American Eagle' apparel. Despite the defendant claiming lack of knowledge and offering a settlement, the court found him liable due to his previous conduct as an infringer. The suit was decreed with a permanent injunction and an award of Rs. 3,00,000/- in damages.
Reckitt Benckiser (India) Private Limited v.Sauss Home Products Private Limited
This Delhi High Court order addresses a complex trademark dispute between Reckitt Benckiser and Sauss Home Products concerning the 'Robin Bird' device mark. The core issue revolves around establishing who is the prior adopter or owner of the distinctive mark and artistic work used on their respective products. The court has directed both parties to file comprehensive evidence, including marketing materials and advertisements, to substantiate their claims of priority. Furthermore, several applications regarding territorial jurisdiction, stays, and cancellation petitions are pending, indicating a multi-faceted legal battle.
ITC Limited v.Britannia Industries Ltd.
The Madras High Court upheld the interim injunction granted against the defendant for infringing on the plaintiff's trademarks and trade dress related to 'Good Day' biscuits. The court found that the adoption of an identical blue color scheme by the competitor, Sunfeast, amounted to passing off and confusing the public. However, in a concession to the defense, the court permitted the existing stock of the offending product (23.7 tonnes) to be sold.
Rakesh Kumar Trading As M/S Sai Birbal Das Foods v.Khilender Gupta Trading As M/S Bobby Enterprises
The Delhi High Court issued an interim order in a trademark dispute concerning the mark 'BOOM BOOM'. The court noted prima facie merit in the appellant's claim regarding the long-standing use of the trademark since 2000. Given discrepancies in the starting date of use found by the lower court, the High Court granted a stay on the District Judge's previous order while reserving further consideration of the matter.
The Chocolate Spoon Company Private Limited v.Oceanleaf Hospitality Private Limited & Ors.
The Bombay High Court granted leave for a plaintiff to combine claims of passing off with an existing trademark infringement suit. The defendants argued that they lacked territorial jurisdiction as their outlets were located outside Mumbai, but the court prioritized the principle of avoiding multiplicity of litigation. This decision allows the combined action to proceed while keeping the jurisdictional issue open for later determination.
Hatsun Agro Product Ltd. v.K. Sarinivas Reddy
The Madras High Court ruled in favor of Hatsun Agro Product Ltd. against K. Sarinivas Reddy for trademark infringement and passing off. The court found that the defendant's use of 'SRI AROGYA,' coupled with a deceptively similar color scheme, get-up, and packaging design, infringed upon the plaintiff's registered mark 'AROKYA.' Consequently, the court granted a permanent injunction to stop the unauthorized use and directed the defendant to pay costs.
PepsiCo, Inc. v.Parle Agro Private Limited
The Delhi High Court addressed procedural disputes raised by PepsiCo in its appeal against a trademark rectification petition filed by Parle Agro. The court noted that the primary grievance concerned the alleged departure from prescribed procedures under Section 124(1)(a)(ii) of the Trademarks Act, 1999. While acknowledging concerns about the fast-tracking of the original application, the Court allowed PepsiCo to file its reply and evidence within a specified timeframe, subsequently postponing the hearing date for the rectification proceedings.
Britannia Industries Limited v.Amar Biscuit Private Limited & Ors.
The Delhi High Court granted an ad interim injunction in favor of Britannia Industries Limited against Amar Biscuit Private Limited. The court found that the Defendants' use of 'GOOD TIME' with a deceptively similar color combination and trade dress to Britannia's established 'GOOD DAY' butter cookies was likely to cause consumer confusion. Given the enormous goodwill associated with the Plaintiff's brand, the court ruled that immediate action was necessary to prevent irreparable harm.
M/s.Mohamed Aboobacker Chank Lungi Limited v.M/s.Indianpasand Inc.
M/s. Mohamed Aboobacker Chank Lungi Limited filed a civil suit against M/s. Indianpasand Inc. and other defendants, alleging trademark infringement (SANGU vs. SHIPPY), copyright violation, and passing off. The plaintiff sought permanent injunctions and damages for the alleged unauthorized use of their registered marks and artistic designs by the defendants. However, due to the current non-sale status of the disputed products, the plaintiff requested permission to withdraw the suit against the first defendant while retaining the liberty to file a fresh case if infringement occurs in the future.
Theobroma Foods Private Limited v.Karan Narula And Ors (Theos Food Pvt. Ltd.)
The Delhi High Court finalized a complex trademark dispute between Theobroma Foods and Theos Food Pvt. Ltd., leading to a comprehensive decree based on an amicable settlement. The judgment clarified the usage rights for both 'THEOBROMA' and 'THEOS' in the confectionery market. Key terms include mutual non-opposition, allowing Theobroma nationwide expansion while restricting Theos to the Delhi-NCR region for its mark use.
M/s.Murugan Idli Shop v.M/s.Sri Murugan Idli Shop
M/s.Murugan Idli Shop filed a civil suit against M/s.Sri Murugan Idli Shop, seeking perpetual injunctions against the use of deceptively similar marks like 'SRI MURUGAN IDLI SHOP.' The plaintiff claimed infringement of their registered trademark and copyright related to their business name and branding. However, during the proceedings, the plaintiff's counsel informed the court that the defendant was not operating under the impugned name, leading the plaintiff to withdraw the suit.
Jaypore E-Commerce Private Limited v.Mr Jitendra Ravjani
Jaypore E-Commerce Private Limited filed a suit seeking permanent injunction against Mr. Jitendra Ravjani, alleging infringement and passing off concerning the mark 'JAYPORE'. The Delhi High Court proceeded to frame seven key issues in the matter, including whether the defendant's use constitutes trademark infringement or passing off, and whether the plaintiff is guilty of concealment. This order sets the stage for detailed evidence presentation by both parties.
Marico Limited v.MW & Sons
The Commercial IP Suit filed by Marico Limited against MW & Sons regarding alleged trademark infringement was settled between both parties. The Court accepted the Consent Minutes of Order, leading to the disposal and decreeing of the suit in favour of the Plaintiffs.
M/s.Digital Securities Pvt. Ltd. v.The Registrar of Trademarks & M/s.Kwality Ice Creams
The Madras High Court addressed an appeal challenging an order that allowed the review of a trademark registration application previously treated as abandoned for want of prosecution. The court found that while the original abandonment was based on discretion, the subsequent procedural history and lack of substantive adjudication warranted intervention. Consequently, the Registrar was directed to proceed with the application after granting both the appellant and respondent a reasonable opportunity to be heard.
Bharathi Consumer Care Products Pvt.Ltd. v.Sanku Soap Works
Bharathi Consumer Care Products filed a suit against Sanku Soap Works alleging multiple infringements. The plaintiff claimed violations related to the deceptively similar use of their registered trademark 'SILVER FOAM XXX' and copyright in its artistic label/trade dress, as well as passing off. The initial prayers sought permanent injunctions and damages.
M/s.Kaleesuwari Refinery Pvt. Ltd. v.M/s.Ennar Enterprises
M/s.Kaleesuwari Refinery Pvt. Ltd filed a suit against M/s.Ennar Enterprises alleging multiple infringements, including the unauthorized use of a deceptively similar trademark ('GOLD PRIME') and passing off their edible oil product. The plaintiff sought permanent injunctions protecting their registered trade mark 'Gold Winner' and associated copyright in packaging design. Ultimately, both parties reached an amicable resolution and settled the dispute.
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.
ITC Limited v.Britannia Industries Ltd.
ITC Limited filed a suit against Britannia Industries Ltd. alleging imitation of its trade dress for biscuits. The defendant sought to reject the plaint on grounds including lack of urgency, failure to comply with pre-mediation requirements, and jurisdictional challenges. The Madras High Court dismissed the application to reject the plaint, finding that the plaintiff had established jurisdiction and that the case warranted consideration despite procedural objections.
Walgreen Co. v.The Registrar of Trademarks
Walgreen Co. filed a Civil Miscellaneous Appeal challenging the Registrar of Trademarks' refusal to register the mark 'Finest Nutrition' in Class 5. However, before the court could rule on the merits of the appeal, the appellant voluntarily submitted a memo requesting its withdrawal. Consequently, the Madras High Court dismissed the case as withdrawn without passing any order regarding costs.
M/s.Mohamed Aboobacker Chank Lungi Ltd. v.M/s.Indianpasand Inc.
M/s. Mohamed Aboobacker Chank Lungi Ltd filed a civil suit against several defendants, including M/s. Indianpasand Inc., alleging infringement of its registered trademarks (SANGU) and copyright in its artistic label design. The plaintiff sought permanent injunctions, damages, and surrender of infringing goods. Ultimately, the court decreed the suit based on a Memorandum of Settlement reached between the plaintiff and the 3rd defendant.
M/S.Mohamed Aboobacker Chank Lungi Ltd. v.M/s.Indianpasand Inc.
M/S.Mohamed Aboobacker Chank Lungi Ltd filed a civil suit against several defendants, including M/s.Indianpasand Inc., alleging trademark infringement, copyright violation, and passing off concerning its 'SANGU' brand. The plaintiff sought permanent injunctions and damages against the use of deceptively similar marks like 'SHIPPY.' Ultimately, the court decreed the suit in terms of a Memorandum of Settlement reached between the plaintiff and the 3rd defendant.
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'.
Ashique Exports (P) Ltd. v.Suresh K.K.
Ashique Exports (P) Ltd. filed an appeal challenging a lower court's judgment regarding trademark infringement and passing off related to its 'Super Wash – 555' washing soap. The Plaintiff alleged that the Defendants were using identical wrappers to deceive the public. However, the Madras High Court dismissed the appeal, primarily finding that the Plaintiff failed to prove prior use due to the inadmissibility of photocopied documents. Furthermore, the court held that the suit lacked territorial jurisdiction as the defendants' business was not within the court's limits.
Lt Foods Limited v.Dawat Biryani & Anr.
The Delhi High Court formally decreed the suit between Lt Foods Limited and Dawat Biryani & Anr. based on a comprehensive settlement agreement reached through court mediation. The defendants acknowledged Lt Foods as the proprietor of the well-known 'DAWAT' trademark and committed not to use any deceptively similar marks, such as 'Dawat Biryani,' in a manner that suggests affiliation or causes infringement or passing off. This resolution provides clear legal certainty regarding the protection of the Plaintiff's intellectual property rights.
Sirona Hygiene Private Limited v.Flipkart Internet Private Limited & Ors.
In this case concerning online trademark infringement, the Delhi High Court delivered a mixed judgment based on joint compromises and ex-parte proceedings. The court decreed the suit in favor of Sirona Hygiene Private Limited against Defendant No. 1 (Flipkart) based on agreed compromise terms. Furthermore, it mandated specific takedown procedures for Defendant No. 2 (Amazon) to address unauthorized use of Sirona's trademarks. Finally, an injunction was passed against other sellers (Defendants Nos. 3-13) who were found to be passing off counterfeit goods.
M/S S. S. Hospitality v.M/S Sagar Ratna Restaurants Pvt. Ltd
This revision petition challenged the territorial jurisdiction of the Delhi Commercial Court regarding a trademark infringement suit filed by M/S Sagar Ratna Restaurants Pvt. Ltd against M/S S. S. Hospitality. The petitioner argued that since the cause of action arose in Chandigarh, and the respondent had subordinate offices there, the suit should have been filed in Chandigarh. However, the High Court dismissed the petition, holding that the respondent-plaintiff did not possess a subordinate office in Chandigarh, thus validating the original court's decision to allow the suit to proceed in Delhi.
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