FMCG — India Trademark Cases
913 decisions indexed
Page 6 of 31 · 913 total
Cadbury Uk Limited v.ITC Limited
In this trademark dispute, the Calcutta High Court directed that the Registrar of Trademarks be formally included in the proceedings. This procedural step ensures all relevant parties are involved in the ongoing litigation between Cadbury UK Limited and ITC Limited. Furthermore, the court granted the petitioner liberty to carry out necessary informal amendments to their case filings. The matter is scheduled for further hearing on March 5th, 2025.
Aditya Birla Fashion And Retail Limited v.Friends Inc & Anr.
The Delhi High Court ruled in favor of Aditya Birla Fashion And Retail Limited, granting permanent injunctions against Friends Inc for infringing the 'PETER ENGLAND' trademark. Furthermore, the court declared 'PETER ENGLAND' as a well-known trademark under the Trade Marks Act, 1999. The judgment emphasized that compliance with initial restraining orders was sufficient to proceed toward final decree and recognition of brand reputation.
The Good Stuff Private Ltd. v.Golden Chocolates Private Limited
The Madras High Court disposed of appeals between The Good Stuff Private Ltd. and Golden Chocolates Private Limited after the parties reached an amicable settlement regarding trademark disputes over 'Luvit Dairy Rich' and 'Appeal Dairy Rich'. Key terms included the respondent modifying its product label, withdrawing specific trademark and copyright applications, and agreeing not to challenge the appellant's existing trademarks. This resolution allows both parties to move forward without further litigation.
M/S. SONA BEVERAGES PVT LTD v.THE COCA-COLA COMPANY AND ANR
The Calcutta High Court allowed a petition filed by M/S. Sona Beverages Pvt Ltd seeking the removal of the mark 'SIMBA' registered in favor of The Coca-Cola Company. The court found that the trademark, which had lapsed on February 24, 2020, was never renewed despite receiving official notices from the Registry. Consequently, the court directed the expunging of the expired registration.
Birendra Prasad Sah v.Debendra Jalewal
The Gauhati High Court set aside several ex-parte orders passed by the Civil Judge, Nalbari, concerning a trademark infringement dispute over 'Matar Mixture.' The petitioner successfully argued that the respondent failed to adhere to procedural mandates, including providing notice before search and seizure (Misc. J Case 27/2023) and granting an injunction without allowing the defendant an opportunity to be heard (Misc. J Case 28/2023). While dismissing the revision petition on maintainability grounds, the court vacated the interim order, effectively protecting the petitioner's business operations pending further proceedings in the trial court.
First Fiddle F & B Private Limited v.Big Fish Ventures
Plaintiffs, owners of the brand name "The Lord of the Drinks," sued Defendants for infringing their trademark and damaging goodwill. The plaintiffs alleged that the defendants misused the brand name after a franchise agreement was terminated, leading to public outrage and reputational harm.
Krbl Limited v.Praveen Kumar Buyyani & Ors.
The Delhi High Court allowed Krbl Limited's appeal, overturning a Commercial Court decision that had vacated an existing injunction. The court found that the respondent's use of 'Bharat Gate' for rice constituted clear infringement of the appellant's registered trademark 'India Gate.' Citing established legal precedents, the High Court held that prima facie evidence of infringement necessitates the continuation of the injunction to protect the goodwill and reputation of the original mark.
A.D.Padmasingh Isaac v.M/s.Selvee Indigenous Food Factory India Pvt. Ltd.
The Madras High Court disposed of a complex trademark dispute involving the brands 'AACHI' and 'PARAMPARIYA APPACHI RICE'. The litigation, which sought to cancel a rival mark and restrain infringement, concluded amicably. Both parties entered into a Memorandum of Compromise (MoC) on January 7, 2025, leading the court to dispose of both the petition and the suit without awarding costs.
M/s.TTK Prestige Limited v.Sarvodaya Industries
M/s. TTK Prestige Limited filed a suit against Sarvodaya Industries alleging trademark and copyright infringement, as well as passing off. The plaintiff claimed that the defendant was using the deceptively similar mark 'PROTEIN' to infringe upon the registered trademarks and artistic logo of 'PRESTIGE'. Both parties ultimately reached an amicable settlement, which the court subsequently recorded and decreed.
Junior Kuppanna Kitchens Pvt. Ltd. v.Kuppanna Foods
Junior Kuppanna Kitchens Pvt. Ltd filed suit against Kuppanna Foods, among others, alleging multiple infringements across trademarks and copyright. The plaintiff sought permanent injunctions to stop the use of deceptively similar marks like 'KUPPANNA FOODS' and 'Kuppanna', as well as damages for dilution and tarnishment. Ultimately, the parties reached a compromise, leading the Madras High Court to decree the suit based on the Memorandum of Compromise.
M/S GREENPLY INDUSTRIES LTD. v.M/S EVERGREEN VENEERS PVT. LTD.
The plaintiff, Greenply Industries Ltd., filed a suit seeking permanent injunction for alleged infringement of its registered trade mark 'GREEN' against the defendant, Evergreen Veneers Pvt. Ltd., who was using the mark 'EVERGREEN' on similar goods (plywood products). The court examined issues of delay and trademark similarity.
Evergreen Sweet House v.JV Evergreen Sweets And Treats & Ors.
The Delhi High Court granted an interim injunction in favor of Evergreen Sweet House against JV Evergreen Sweets And Treats. The court found a prima facie case of passing off, noting that the plaintiff has been operating under the 'Evergreen' mark since 1963, establishing significant goodwill and prior use. Given the defendant's recent entry into the market and the likelihood of customer confusion on food delivery platforms, the court restrained the defendants from using the infringing mark until the final suit adjudication.
Gemini Edibles And Fats India Limited v.Dream Freedom Herbal Pvt. Ltd.
The Delhi High Court allowed a rectification petition filed by Gemini Edibles And Fats India Limited against Dream Freedom Herbal Pvt. Ltd., directing the removal of the respondent's trademark (No. 3213226). The court found that the impugned mark was deceptively similar to the petitioner's prior and well-reputed 'FREEDOM' marks, noting that the addition of a prefix did not differentiate it sufficiently. Given the identical nature of the goods and target consumers, the registration was deemed obtained dishonestly to trade upon the petitioner's goodwill.
Mr. M. Anees Ahmed (M/s Ambur Star Briyani) v.Star Ambur Briyani
The Madras High Court ruled in favor of Mr. M. Anees Ahmed, granting a permanent injunction against the respondent for trademark infringement and passing off. The court found that the defendant's use of 'STAR AMBUR BRIYANI' was deceptively similar to the plaintiff's registered mark, 'AMBUR STAR BRIYANI,' which is associated with his restaurant business. While the claim for destruction of infringing stock was rejected due to lack of evidence, the suit was partly decreed.
Dabur India Limited v.Ms Usha Proprietor Of Rs Industries & Anr.
The Delhi High Court allowed Dabur India Limited's cancellation petition against a similar mark registered by Ms. Usha Proprietor Of Rs Industries. The court found that the impugned mark was confusingly and deceptively similar to Dabur's well-known trademark 'DABUR,' particularly given that both parties operate in the identical Class 3 goods (detergents, soaps, etc.). Citing prior use and established goodwill, the High Court directed the Trade Marks Registry to remove the infringing registration.
Candico (I) Limited v.T.R. Kohli, Trading As T.R. Kohli And Sons
The Delhi High Court set aside a previous order that had refused the registration of the mark 'JUMBO GUMBO' due to an opposition. The court found that the objection raised by the opponent did not survive because their prior trademark application for 'JUMBO' had been treated as abandoned years earlier. Given the changed circumstances and the opponent's failure to contest the appeal, the High Court directed the Trade Marks Registry to proceed with the registration of 'JUMBO GUMBO'.
Surindar Pal Singh v.Ichhadhari Lassi Old Ichhadhari Lassi and New Ichhadhari and Others
The Madhya Pradesh High Court listed the case involving Surindar Pal Singh and Ichhadhari Lassi Old Ichhadhari Lassi. The court granted time to both parties to verify the outcome or status of a pending rectification application filed under Section 57 of the Trademarks Act. This indicates that the dispute over the trademark's validity or registration is still active and awaiting further judicial determination.
Fena Private Ltd v.Balwinder Kumar & Anr.
Fena Private Ltd successfully petitioned for the cancellation of a similar trademark, 'NIPPU,' registered by Balwinder Kumar in Class 3 goods. The Delhi High Court found that Fena had established prior rights and extensive goodwill with its mark 'NIP' since 1976. Given the identical nature of the goods (detergents/cleaning preparations) and the deceptive similarity between the marks, the court ruled that the impugned registration was obtained dishonestly to trade upon Fena's reputation, leading to its removal from the Register.
Societe Des Produits Nestle S A v.The Registrar Of Trade Marks
Nestle appealed a trademark refusal order from the Trademark Registry to the Delhi High Court. The original rejection was based on the mark being non-distinctive and similar to existing registered marks. Due to procedural issues following the dissolution of the IPAB, Nestle had to file a fresh appeal in the High Court. The court accepted notice and scheduled further proceedings.
Hatsun Agro Product Limited v.V.Shanmugam And S.Murugesan (Trading as Arokiya Foods)
Hatsun Agro Product Limited sought the cancellation of a registered trademark ('AROKIYA') held by V.Shanmugam and S.Murugesan, alleging non-usage for over five years under Sections 47 and 57 of the Trade Marks Act. The Madras High Court dismissed the petition, holding that the respondent's minor alteration to the mark (removing a device mark) did not constitute a substantial change affecting its identity. Furthermore, the court found no merit in the petitioner's claim regarding non-usage.
M/S RSPL HEALTH PRIVATE LIMITED v.SITA SINGH Trading as Nikunj Traders
The plaintiff, M/s RSPL Health Private Limited, filed a commercial suit alleging infringement and passing off under the Trademarks Act, 1999, concerning its established trademark GHARI/GHADI. The court found that the defendant was infringing upon the plaintiff's trademarks and trade dress in relation to detergent powder, soap, and allied goods.
M/S RSPL HEALTH PRIVATE LIMITED v.Govind Rathore
The plaintiff, M/S RSPL Health Private Limited, filed a commercial suit alleging infringement and passing off under the Trademarks Act, 1999, and Copyright Act, 1957. The dispute centered on the unauthorized use of the plaintiff's registered trademarks (GHARI/GHADI) and associated trade dress by the defendants in relation to FMCG goods like soap and detergents. The court decreed the suit in favor of the plaintiff.
Ganesh Grains Ltd. v.Dharmendra Kumar Gupta & Anr.
The Delhi High Court allowed a rectification petition filed by Ganesh Grains Ltd., leading to the removal of the 'GANESH HARA MATAR' trademark registered by Dharmendra Kumar Gupta & Anr. The court found that the impugned mark was deceptively similar to the Petitioner’s long-standing and well-established 'GANESH' brand, which has been in use since 1936. Furthermore, the Respondent failed to provide evidence of actual user of the mark, leading the Court to cancel the registration under Section 47(1)(b) of the Trade Marks Act.
Make Up Art Cosmetics Inc. v.Pankaj Laljibhai Kachadia & Anr.
The Gujarat High Court addressed a rectification application concerning the trademark 'MAKSHINE,' which was flagged as likely to be removed due to non-renewal. Citing precedents from other high courts, the court directed the Registrar of Trademarks to remove the mark from its official website. This order allowed the petitioner to file a fresh petition should the trademark eventually be renewed, effectively resolving the immediate issue while preserving future rights.
Panchhi Petha Store v.Union Of India & Ors
The Delhi High Court set aside an order passed by the Regional Director which rejected a trademark rectification application. The petitioner argued that the RD exceeded its jurisdiction by making a finding on the ownership of the 'Panchhi' trademark, a matter reserved for IP courts. The court agreed, stating that while the RD can examine name similarity to prevent consumer confusion, it cannot adjudicate disputed questions of trademark ownership between parties involved in ongoing litigation.
M/s Rspl Limited v.M/s Sunil Store (Proprietor & Owner) Trading as M/s Parth Store
The plaintiff, M/s RSPL Limited, filed a suit against the defendant, M/s Sunil Store, alleging infringement of its trademarks and copyrights related to detergent products. The court found that the defendant was infringing upon the plaintiff's registered trademark GHARI/GHADI and passing off goods as belonging to the plaintiff.
Pravesh Narula Trading As M/S. Capital Enterprises v.Raj Kumar Jain Trading As M/S. Bholaram Puranmall And Anr.
The Delhi High Court permitted the plaintiff to amend their plaint, allowing them to incorporate facts regarding the subsequent registration of their trademark. The court emphasized that amendments are necessary for the proper adjudication of a case and should not be rejected on hypertechnical grounds, especially when avoiding multiplicity of litigation is at stake. This ruling reinforces the liberal approach courts must take when considering pleadings amendments in IP disputes.
Kenny Ramanand and Balasubramaniam V. v.Rehan Talat Khan and N.S. Sangolli
Kenny Ramanand and Balasubramaniam V. filed an application to set aside an arbitration award dated 10-01-2012. The dispute arose from a partnership in M/s Gambaz Foods International, involving allegations of breach of trust, financial misappropriation, and trademark disputes related to the brand 'Prawnto'.
Malabar Natural Foods Private Limited v.The Registrar Of Trademarks, Chennai
Malabar Natural Foods Private Limited approached the Kerala High Court seeking intervention regarding pending trademark applications before the Registrar of Trademarks, Chennai. The petitioner sought a direction for timely disposal of their applications (Exts.P1 and P2). Recognizing the procedural backlog but acknowledging the need for resolution, the court disposed of the writ petition by directing the 1st respondent to take earnest efforts to pass orders on the pending matters within a stipulated period of four months.
M/s. Sri Narasu'S Coffee Company Private Limited v.M/s. Narasu'S Saarathy Enterprises Private limited
This Civil Revision Petition challenged an order by the Commercial District Court, Salem, which allowed the respondent to file a written statement beyond the statutory limit. The petitioner argued that since the suit was filed under the Trademarks Act and designated as commercial, the limitation period should not apply. However, the Madras High Court ultimately dismissed the petition, finding that because the specified value of the suit was less than Rs. 3 lakhs, the Commercial Courts Act did not grant jurisdiction to the court in the first place. Consequently, the Trial Court's decision to accept the written statement was upheld on the ground of lack of commercial jurisdiction.
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