FMCG — India Trademark Cases
913 decisions indexed
Page 8 of 31 · 913 total
Anil Kumar Sole Proprietor Of M/S Anil Kumar Ramesh Kumar v.Jyoti Sales House & Anr.
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.
Loreal India Pvt Ltd v.Rajesh Kumar Taneja Trading As Innovative Derma Care and Anr
The Delhi High Court dismissed an appeal filed by Loreal India Pvt Ltd seeking the cancellation of the trademark 'CLARIWASH' registered in favor of Rajesh Kumar Taneja. Loreal argued that its predecessor used formative marks like 'CLARI-FI' and 'CLARIMOIST' prior to the registration, claiming deceptive similarity and prior use. However, the Court found no grounds to interfere with the original judgment, noting that the application was filed over 14 years ago and procedural errors alone were insufficient basis for cancellation.
Hugo Boss Trademark Management Gmbh And ... v.Suresh Kumar Suman
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.
Asian Paints Limited v.John Doe And Others
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.
V.Sundaresan & Ors. v.Varalakshmi Starch Industries Pvt. Ltd., & Anr.
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.
M/s.V.A.Mishra & Sons v.The Registrar of Trademarks
The Madras High Court ruled in favor of M/s.V.A.Mishra & Sons, issuing a Writ of Mandamus against The Registrar of Trademarks. The petitioner sought direction to accept an old renewal request (dated 27.03.2013) for their trademark due to alleged inaction by the Registry. The Court found that the mandatory notice required under Section 25(3) of the Trademarks Act, 1999, was not provided to the proprietor. Consequently, the Registrar was directed to accept the renewal request and allow further renewals.
Megha Cashew Pvt. Ltd. v.M/S B.R. Industries
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.
Girnar Food & Beverages Pvt. Ltd. v.The Registrar Of Trade Marks & Anr.
The Calcutta High Court allowed the appeal filed by Girnar Food & Beverages Pvt. Ltd., setting aside an earlier rejection of its opposition against a competing trademark application. The court found that the respondent's mark, which featured an elephant device and the word 'Haathi,' was deceptively similar to the appellant's registered 'JUMBO' mark for tea and spices. Given that both parties operate in the same market and consumers associate the elephant motif with the goods, the court ruled that the similarity would inevitably lead to consumer confusion.
Prabhu Soap Works v.The Commissioner of GST and Central Excise
Prabhu Soap Works challenged the department's demand for service tax levied on notional interest, arguing that permitting its wife's concern to use its registered brand names did not constitute a taxable Intellectual Property Service. The Tribunal found that since no consideration was charged for the alleged IPR service, the departmental assessment based on notional interest and cost-based valuation was unsustainable. Consequently, the appeal was allowed.
Ashim Gujral v.Moti Mahal Delux Management Services Private Limited & Anr.
Ashim Gujral has initiated legal action against Moti Mahal Delux Management Services regarding the registration of the trademark 'MOTI MAHAL GROUP'. The petitioner asserts co-ownership of the 'MOTI MAHAL' mark and claims that Respondent No. 1 obtained the impugned registration by making false statements, relying on the petitioner's rights without consent. The court has issued notice to both parties, setting the stage for formal opposition proceedings.
M/S Nakoda Food Marketing & Ors. v.M/S Mahesh Edible Oil Industries Limited
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.
Ds Agrifoods Private Limited v.M/S Singhal Enterprises & Ors.
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.
Hell Energy Magyarorszag Kft. & Anr. v.National Internet Exchange Of India (NIXI) & Ors.
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.
Manash Lifestyle Private Limited v.Paghadar Riddhi Savanbhai & Ors.
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.
Hershey India Private Limited v.Mohammed Arif Mohammed Hussain Akbani and Anr.
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.
Gujarat Cooperative Milk Marketing Federation Limited v.Jg Hosiery Pvt Ltd
Gujarat Cooperative Milk Marketing Federation Limited (Amul) filed a petition seeking the cancellation of the trademark 'AMUL BINDASS' registered in Class 25. The court accepted the arguments that Amul is the owner of the well-known mark 'AMUL' and has associated device marks, initiating formal proceedings. Notice was issued to Jg Hosiery Pvt Ltd, setting the stage for a detailed legal contest over trademark rights.
The Food Masters v.V G And Group & Ors.
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.
Tanvi Fitness Private Limited v.M/S R.M. Foods & Ors.
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.
Rupa Gujral & Ors. v.Raghav Jaggi
Rupa Gujral and others filed a rectification petition under Section 57 of the Trademarks Act, 1999, seeking removal of an impugned trademark (No. 3777931) related to 'Original Dal Makhani & Butter Chicken'. The Delhi High Court issued notice to the respondent, Raghav Jaggi, requiring him to file a reply within six weeks. The matter has been scheduled for further hearing on July 25, 2024.
Asian Paints Limited v.Ajeet Kumar And Others
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.
Kaira District Cooperative Milk Producers Union Ltd v.Hub.Nrw-Euindia Invest Gmbh & Ors
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.
Bonn Nutrients Pvt. Ltd & Anr. v.Pahal Foods Pvt. Limited & Ors.
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.
Jr Rice India Pvt. Ltd v.Kishan Khetrapal Proprietor Of Aaradhya Agrotech
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Jr Rice India Pvt. Ltd against Kishan Khetrapal Proprietor Of Aaradhya Agrotech. The court granted exemptions from pre-institution mediation and advance service, while formally registering the plaint as a commercial suit. Crucially, regarding the injunction application seeking to restrain the defendant from using the deceptively similar mark 'ABBA HUZUR' on rice products, the Court issued notice to the defendant.
M/S. Lotus Organic Care v.M/S. Aadhar Products Pvt. Ltd.
The Rajasthan High Court allowed a writ petition filed by M/S. Lotus Organic Care, setting aside a lower court's rejection of its application under Section 124 of the Trademarks Act. The core issue was whether the petitioner had made sufficient prima facie pleadings in their written statement to warrant staying the infringement suit while they pursued trademark rectification. The High Court held that the trial court only needs to record prima facie satisfaction based on the pleadings, not evaluate the evidence for the eventual rectification application. Consequently, the infringement proceedings were stayed, allowing the petitioner to proceed with challenging the validity of the respondent's trademarks.
Bisleri International Private Limited v.M/S Shri Sai Foods & Beverages & Ors
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.
Dharampal Satyapal Foods Ltd. v.Parle Products Pvt. Ltd.
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.
Pernod Ricard India Private Limited v.Advent Brand House Private Limited & Ors.
The Delhi High Court issued an order in the ongoing trademark dispute between Pernod Ricard India Private Limited and Advent Brand House Private Limited. Noting that certain respondents were unserved despite previous attempts, the court directed the issuance of fresh notices to Respondent Nos. 1 and 2. The petitioner was also instructed to serve the Trade Mark Attorney who represented Respondent No. 1 in the registration process. This procedural step ensures all parties are properly notified before further proceedings continue.
Bot Organic Private Limited v.Piruz Khambhatta & Anr.
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.
Kunj Bihari Food Processors Private Limited v.Shree Shakambari Rice Mill Private Limited & Ors.
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.
M/s.R.K.Gnapathi Chettiar v.G.Saravanan
The Madras High Court closed an Original Petition seeking rectification of a trademark registration after both parties entered into a joint compromise memo. The petitioner, M/s.R.K.Gnapathi Chettiar, successfully secured commitments from G.Saravanan to cease using the disputed mark and take steps within 30 days to cancel Registration No. 3814752 in Class 29. This settlement provides a definitive resolution to the trademark dispute.
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