FMCG — India Trademark Cases
541 decisions indexed
Page 7 of 19 · 541 total
Visage Beauty & Healthcare Pvt. Ltd. v.Herbal Carts & Ors.
The Delhi High Court issued several crucial interim orders in the trademark infringement suit, Visage Beauty & Healthcare vs Herbal Carts & Ors. The court directed Fashnear Technologies Pvt. Ltd., an e-commerce intermediary, to provide contact details of sellers listing infringing products on its platform. Furthermore, the court allowed the impleadment of a proposed defendant involved in alleged collusion and deferred the request by Facebook Inc. to modify existing interim injunction terms regarding 'similar' vs. 'identical' URLs.
Chotiwala Food And Hotels Private Limited v.Chotiwala & Ors.
The Delhi High Court granted an interim injunction in favor of Chotiwala Food And Hotels Private Limited against Defendant No. 5, finding a prima facie case of trademark infringement and passing off. The Plaintiffs successfully demonstrated that their registered mark 'CHOTIWALA,' which has acquired significant goodwill over decades, was being deceptively used by the defendant. This order provides immediate protection to the established brand while the main litigation proceeds.
Mohan Breweries And Distilleries Limited v.M.P.Beer Products Private Limited
Mohan Breweries And Distilleries Limited filed a civil suit against M.P.Beer Products Private Limited, seeking permanent injunctions, damages, and accounts of profits for infringement of its registered trademarks, designs, and copyright related to beer bottles. The plaintiffs alleged that the defendant was passing off their products as those of Mohan Breweries. However, due to the plaintiff's failure to prosecute the case effectively before the court, the Madras High Court dismissed the suit.
ITC Limited v.Raj Kumar Mittal & Ors.
The Delhi High Court addressed two separate applications in the dispute between ITC Limited and Raj Kumar Mittal & Ors. Regarding a request to use a new label, the court found that the proposed packaging did not appear deceptively similar to ITC's marks, thereby lifting the existing ad-interim injunction for this specific design. Separately, the Court initiated proceedings against Mr. Prem Chand Mittal for alleged assault and deliberate disobedience of previous orders.
M/S.Avon Emery Industries v.Sabko Industries
The Rajasthan High Court dismissed a writ petition filed by M/S. Avon Emery Industries against an earlier ruling that rejected its application under Section 124 of the Trademarks Act, 1999. The court affirmed the trial court's decision after considering arguments from both sides regarding whether the original suit included claims for trademark infringement or only passing off. Given the respondent's clarification that the suit was solely for passing off, the High Court found no grounds to interfere with the lower court's order.
Virendra Kumar Gupta Trading As M/S Burger King v.Union Of India Through The Secretary & Ors.
This Delhi High Court order addresses a Writ Petition filed by Burger King, challenging the registration of a trademark. The petitioner argued that the Registry ignored their prior Notices of Opposition when granting registration to Respondent No. 4. However, the court noted that since the registration occurred before a key precedent was set, counsel for the respondent suggested that rectification might be the appropriate remedy instead of continuing with the current writ petition. The matter has been listed for further arguments.
Adani Wilmar Limited v.Baljit Agro Tech Pvt. Ltd.
This Delhi High Court order addresses a complex legal issue concerning the enforceability of trademark rights after a party voluntarily waives actionable claims related to that brand. The court specifically examined an affidavit where the defendant, Baljit Agro Tech Pvt. Ltd., declared they forewent any enforceable right in their unregistered brand 'Shubh Labh Fortune' for GST exemption purposes. Given the implications on the Trade Marks Act, 1999, the Court directed the Department of Revenue to file its stand and submissions in the current proceedings.
Ds Intellectual Properties Llp & Anr v.Abhinav Singh & Ors
The Delhi High Court granted an ex parte ad interim injunction in favor of Ds Intellectual Properties Llp & Anr against Abhinav Singh & Ors. The plaintiffs alleged that the defendants were operating a fraudulent website using the 'Rajnigandha' trademark and DS Group trademarks to lure the public into fake distributorship schemes, while also infringing on copyright by copying the label layout. The court found a prima facie case was made out, leading to immediate restraining orders against the use of the marks and domain name, along with directives to suspend the domain and freeze associated bank accounts.
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.
Ds Intellectual Properties Llp & Anr v.Ashutosh Kumar Singh & Ors.
The Delhi High Court granted an ex parte interim injunction in favor of Ds Intellectual Properties Llp against Ashutosh Kumar Singh and others. The plaintiffs, owners of the 'Rajnigandha' trademark and associated copyrights, alleged that defendants were using a deceptive website ('www.rajnigandhadealership.online') to lure the public into fake distributorships under their brand name. Consequently, the court restrained the defendants from using the trademarks or the domain name and directed the domain registrar and bank to take immediate action.
Modern Snacks Pvt Ltd v.The Registrar Of Trade Mark
The Delhi High Court remanded an appeal filed by Modern Snacks Pvt Ltd regarding the rejection of its trademark application 'Modern Namkeen Karare Lal'. The core issue was whether the appellant could proceed with the appeal despite a previous rejection order from 2018. Recognizing the merits of the case, the court ordered the matter to be sent back to the Registrar for fresh consideration of the original review application. However, this remand is conditional: Modern Snacks must first prove that the prior rejection order was never properly communicated to them.
M/s.Kaleesuwari Refinery Private Limited v.M/s.Jaya Sai Traders
M/s.Kaleesuwari Refinery Private Limited filed a civil suit seeking permanent injunctions against M/s.Jaya Sai Traders for alleged infringement of its registered trademark 'DHEEPAM' and copyright violation related to the packaging of lamp oil. The plaintiff claimed that the defendant was using deceptively similar marks ('PANCHA DEEPAM OIL') and trade dress, leading to passing off. However, before the court could rule on the merits of the IP infringement claims, the plaintiff chose to withdraw the suit.
Ajinomoto Co Inc v.Dattatrey Studios & Anr.
Ajinomoto Co Inc successfully secured an interim injunction against Dattatrey Studios in the Delhi High Court. The plaintiff, owner of the registered trademark 'AJI-NO-MOTO,' argued that the upcoming movie title infringed its rights and was disparaging, linking the brand to negative health claims. The court granted the relief, preventing the release of any film bearing the disputed name until further hearing.
Siddhant Icecreams Llp v.Ameet Pahilani
In a significant interim order, the Delhi High Court facilitated an agreement between Siddhant Icecreams LLP (Plaintiffs) and Ameet Pahilani (Defendant No. 2). The court mandated that Defendant No. 2 cease using the terms 'Natural' and 'Naturals' in relation to ice creams across various media, including packaging and online platforms, to protect the Plaintiffs' trademark rights. However, the order provided specific carve-outs allowing the use of the mark 'NIC' under certain conditions within India and outside India, while also permitting the sale of existing stock until a specified date.
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.
M/S Aadhar Products Pvt. Ltd. v.M/S Lotus Organic Care
M/S Aadhar Products Pvt. Ltd., a manufacturer of detergents, filed an appeal seeking to overturn the rejection of its application for a temporary injunction against M/S Lotus Organic Care. The appellant claimed that the respondent was infringing upon its registered trade mark 'Decide' and associated copyrights with its product 'Delite'. Despite arguments regarding prima facie infringement, the High Court found no legal infirmity in the trial court's decision to deny the injunction. Consequently, the appeal was dismissed, but the Trial Court was directed to expedite the final disposal of the original suit.
M/s.Kaleeswari Refinery Private Limited v.M/s.Sri Dhanalakshmi Traders
This case involved a civil suit filed by M/s.Kaleeswari Refinery Private Limited against M/s.Sri Dhanalakshmi Traders, alleging infringement of their registered trademark 'Gold Winner' and violation of copyright through the use of the deceptively similar mark 'Niju Gold' on edible oil packaging. The plaintiff sought permanent injunctions and an accounting of profits. However, both parties reached a mutual settlement agreement.
M/s.Kaleeswari Refinery Private Limited v.M/s.Sri Dhanalakshmi Traders
M/s.Kaleeswari Refinery Private Limited filed a suit against M/s.Sri Dhanalakshmi Traders alleging infringement of its registered trademark 'Gold Winner' and copyright in the associated artistic work and trade dress used on edible oil packaging. The plaintiff sought permanent injunctions to restrain the defendant from using the deceptively similar mark 'Niju Gold' and passing off inferior products. Both parties subsequently reached a settlement, leading the Madras High Court to dispose of the captioned suit based on the terms of the Joint Compromise Memo.
Premier Nutritions Privat Limited v.Amit Product A Proprietary Connern
The Delhi High Court granted an interim injunction in favor of Premier Nutritions Privat Limited against Amit Product A Proprietary Connern, finding that the defendant's use of 'DOODH MANTHAN' was deceptively similar to the plaintiff's registered trademark 'MANTHAN/PREMIER MANTHAN'. Furthermore, the court allowed the appointment of a Local Commissioner to conduct an inventory and seize infringing products, reinforcing the immediate protection available to IP holders facing market imitation.
Dfm Foods Ltd. v.Ms Nenimemi Foods Pvt. Ltd. & Anr.
In this trademark dispute, the Delhi High Court granted a one-week extension to Defendant No. 1 to file its required affidavit. Crucially, the court also issued an assurance that the defendant would refrain from selling the disputed product under the 'CORN CURLS' trademark until the next hearing date. This interim order maintains the status quo while allowing procedural compliance in the ongoing infringement litigation.
Dfm Foods Limited v.Ms Nenimemi Foods Private Limited & Anr.
In this intellectual property dispute concerning the 'CORN CURLS' brand, the Delhi High Court issued an interim order allowing Defendant No. 1 to continue selling its existing stock while agreeing to a complete rebranding. The defendant was directed to file an affidavit committing to changing both the product packaging and the trademark from 'CORN CURLS' to 'CORN CURVES'. This decision balances the need for brand protection with practical commercial realities.
Jack In The Box Inc. v.Marching Ants Hospitality Pvt Ltd.
In a dispute concerning the Jack In The Box trademark, the Delhi High Court issued an interim order restraining one of the respondents from assigning the disputed trademark rights to any third party. This protective measure was granted after the petitioner expressed concern that such an assignment could render the ongoing litigation infructuous. The court has scheduled the matter for further hearing in February 2023.
Calvin Klein Trademark Trust v.M/S Blue Ivory & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Calvin Klein Trademark Trust against M/S Blue Ivory & Ors., finding a prima facie case of trademark infringement. Furthermore, the court appointed Local Commissioners with extensive powers to inspect premises, seize counterfeit goods bearing the CK Marks, and demand disclosure of financial records from the defendants. This order provides immediate protection while allowing for thorough investigation into the alleged counterfeiting operations.
Aeronutrlx Sports Products Pvt Ltd v.Plumax Ebusiness Solutions Private Limited
The Delhi High Court formally recorded a settlement between Aeronutrlx Sports Products Pvt Ltd and Plumax Ebusiness Solutions Private Limited regarding trademark disputes over the FAST&UP brand family. The parties agreed that Plumax acknowledged the validity and rights of Aeronutrlx in sub-brands like CHARGE, FORTIFY, RELOAD, and VITALIZE, including associated trade dress. In exchange for a payment of Rs. 5,00,000/-, Plumax committed to withdrawing opposition filings and ceasing all use of similar marks or designs.
Paras Ayurvedic Pharma Pvt Ltd v.Salman Iqbal Ahmed Momin And Anr
This commercial appeal involved a dispute over the use of an artistic design on a medicinal oil, 'Roghan Sukoon Massage Oil.' The plaintiff claimed copyright infringement and passing off against the defendant. The core issue revolved around whether the defendant's similar artwork constituted blatant copying and if the plaintiffs had sufficient knowledge to pursue legal action promptly. The Bombay High Court dismissed the appeal, upholding the lower court's decision that the defendant did not infringe upon the plaintiffs' rights.
Dabur India Limited v.Marico Ltd.
The Delhi High Court addressed disputes regarding trade dress infringement concerning SAFFOLA products between Dabur and Marico. The court noted that while the defendant had previously represented changes to its packaging (including embossing), it failed to inform the court when certain product lines, like glass bottles or 100gm PET bottles, could not comply with those representations. Consequently, the court revived the plaintiff's interim injunction application for these specific products and imposed a significant cost on the defendant for non-disclosure.
Starbucks Corporation v.Star Bucks Café & Anr.
Starbucks Corporation successfully sought an ex-parte ad-interim injunction against Star Bucks Café & Anr. in the Delhi High Court, asserting that its globally recognized trademarks and logos are being infringed upon. The court granted the interim relief, allowing Starbucks to proceed with a local commission to seize infringing materials such as packaging, uniforms, and menus from the defendants' premises. This order sets the stage for aggressive enforcement action against unauthorized use of the brand.
Braj Mohan Rathore (BMR Group) v.Mahesh Edible Oil Industries Ltd. & Ors. (SDM Group)
The Delhi High Court issued directions in the ongoing commercial dispute between Braj Mohan Rathore (BMR Group) and Mahesh Edible Oil Industries Ltd. (SDM Group). The court focused on facilitating an amicable resolution, particularly concerning the valuation of the flagship brand 'SALONI' and the use of the name 'MAHESH'. Both parties were directed to exchange financial data and present proposals regarding brand distinction before the next hearing.
Parle Agro Private Limited / Surya Fresh Foods Limited v.Surya Fresh Foods Private Limited / Parle Agro Pvt. Ltd.
The Delhi High Court addressed ongoing disputes between Parle Agro and Surya Fresh Foods concerning the trade dress of their competing apple-based beverages, 'APPY FIZZ' and 'FRESH FIZZY'. Recognizing a willingness among the parties to find an amicable solution through modifications to the trade dress, the court directed both companies to participate in mediation. This move signals a judicial preference for alternative dispute resolution while keeping the core infringement suits active.
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.
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