Mechanical — India Trademark Cases
44 decisions indexed
Page 1 of 2 · 44 total
M/S. Rohm Clamping Technologies Private Limited v.M/S. Rohm Gmbh
The Karnataka High Court set aside an earlier order that had appointed a Court Commissioner in a trademark infringement suit. The petitioner challenged the appointment, arguing it was made prematurely without proper documentation. The High Court disposed of the writ petition but allowed the plaintiff to file a fresh, properly documented application for the commissioner's appointment, ensuring due process is followed.
Ozone Overseas Private Limited v.Sri Siddhi Vinayaka Hardware Solutions & Ors.
The Delhi High Court granted several interim reliefs in favor of Ozone Overseas Private Limited, a leading global provider of architectural hardware. The court exempted the plaintiff from mandatory pre-litigation mediation and advanced service upon the defendants, recognizing the urgency of seeking an ad interim injunction. Crucially, the court allowed for the appointment of a Local Commissioner to conduct searches and seizures at the defendant's premises, ensuring evidence preservation in the ongoing trademark infringement suit.
L And T Valves Limited v.M/S Ksa Valve Control Inc. & Ors.
In a case concerning the alleged passing off of its goods, L And T Valves Limited successfully secured several critical interim reliefs from the Delhi High Court. The court exempted the plaintiff from pre-litigation mediation due to the sensitive nature of the industry (defence, aerospace, oil & gas). Crucially, the court allowed the appointment of a Local Commissioner with powers to search and seize infringing products at the defendants' premises, providing a strong procedural step in the ongoing trademark infringement suit.
L&T Valves Limited v.M/S Isteel
In a suit concerning trademark infringement, L&T Valves Limited successfully secured several interim reliefs from the Delhi High Court. The court granted exemptions regarding pre-litigation mediation and advance service, allowing the plaintiff to proceed urgently. Crucially, the court passed an order for ex-parte ad-interim injunction, directing the appointment of a Local Commissioner to seize infringing material and inspect relevant documents, thereby providing immediate protection against alleged trademark misuse.
Jindal (India) Limited v.Ratan Kumar Choudhary & Anr.
The Delhi High Court addressed several interlocutory applications in the trademark and copyright infringement suit filed by Jindal (India) Limited against Ratan Kumar Choudhary & Anr. While granting procedural exemptions, the court specifically advanced the main injunction request (I.A. 6082/2024). The court found prima facie evidence of deceptive similarity between the plaintiff's registered mark 'JINDAL' and the defendants' usage on roofing sheets, ordering notice to the defendants to record their undertaking before the Court.
Thukral Mechanical Works v.Pm Diesels Private Limited & Anr.
The Delhi High Court, in a series of connected appeals, addressed challenges to an earlier finding regarding trademark non-use. While some applications were disposed of with exemptions allowed, the court granted a stay on the main impugned judgment. This decision highlights the ongoing judicial scrutiny over trademark cancellation proceedings, particularly when conflicting interpretations of Supreme Court precedents arise.
Apl Apollo Tubes Limited v.M/S Steel Track & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Apl Apollo Tubes Limited against M/S Steel Track & Ors. regarding trademark infringement and passing off. The court found that the Defendants' use of 'APOLLO/APOLLO TMT' was deceptively similar to the Plaintiff's established marks, risking irreparable harm to their brand equity. While acknowledging the Plaintiff's delay in filing the suit, the Court issued a comprehensive restraint order covering all marketing and sales activities, though it exempted goods already manufactured by the Defendants.
Ab Skf & Anr v.M/S Osaka International Inc. & Ors.
The Delhi High Court issued several orders in favor of Ab Skf & Anr, reinforcing existing injunctions while addressing new infringement concerns. The court directed a defendant involved in non-compliance with an earlier injunction to file a compliance affidavit regarding sales cancellations and refunds. Furthermore, based on evidence of counterfeit goods and domain squatting, the court ordered Defendant No. 12 (GoDaddy LLC) to immediately lock and suspend the infringing domain name 'www.skfsg.com', demonstrating proactive enforcement against trademark misuse.
M/S F.K. Bearing Group Co. Ltd. v.M/S Modern Machinery Stores G.T. Road
The Delhi High Court issued an order in the ongoing trademark dispute between M/S F.K. Bearing Group Co. Ltd. and M/S Modern Machinery Stores G.T. Road. The court noted that the matter was pending before the Mediation and Conciliation Centre. Consequently, the judge requested the mediator to expedite the proceedings and listed the case for further hearing on December 7, 2023.
British Engines (UK) Limited v.The Assistant Registrar of Trade Marks
The Madras High Court allowed British Engines (UK) Limited's appeal against the Trade Marks Registry's refusal of its mark. The court found that the Registrar's decision was unsustainable because it failed to adequately address the appellant's arguments regarding the device nature and international use of the mark. Consequently, the application was permitted to proceed to advertisement, though with a crucial caveat: the appellant cannot claim exclusive rights over the individual words 'British' or 'Engines'.
Stanley Black And Decker, Inc. v.Stanley Switchgear Products
The Delhi High Court rejected a defendant's attempt to have the plaintiff's trademark infringement suit dismissed on grounds of lack of territorial jurisdiction. The court affirmed that the plaintiff successfully demonstrated sufficient nexus to New Delhi, citing the defendant's sales across India, online transactions via websites like shoption.in and indiamart.com, and physical delivery within the city. This ruling reinforces the expansive interpretation of jurisdictional reach in modern commercial disputes involving digital commerce.
MC-monitoring SA v.Pro Tech Monitoring Pvt. Ltd.
The plaintiff, engaged in developing predictive health monitoring solutions for rotating machines, sued the defendant for illegal use, passing off, dilution, and copyright infringement of its name/mark MC-monitoring. The plaintiff argued that the mark had acquired international recognition and goodwill. The court ultimately decreed the suit, granting permanent injunctions and awarding nominal damages.
Sharad Mehra v.Sanjay Mehra & Ors.
This Delhi High Court order addresses a dispute between two brothers regarding the exclusive rights to the trademark 'Superon' following a Family Settlement concerning their company. The court formalized an agreement where Sharad Mehra conceded the right to use 'Superon' in the domestic market, while Sanjay Mehra gained exclusivity for that territory. To facilitate this transition, the court directed parties to seek expedited approvals from Metrology and GST authorities regarding packaging changes.
Hebei Hailan Bearing Manufacture Co. Ltd. v.M/S Pearl Bearing Co.
In this trademark dispute, the Delhi High Court addressed an application by the Plaintiff seeking disclosure of financial and import documents from the Defendant. While the Defendant argued that some information was confidential, the Court issued a conditional order. The Defendant must now file an affidavit detailing complete sale figures and submit all requested documents in a sealed cover for judicial review before they can be released to the Plaintiff.
M/S. Precision Bearing Pvt. Ltd. v.The Addl. Cit, Range-5, Ahmedabad
The Revenue appealed against the CIT(A)'s order regarding the disallowance of trade mark expenditure. The assessee also filed a cross-objection concerning the calculation of depreciation on machinery. The Tribunal partly allowed both appeals, addressing issues related to intangible asset deduction and depreciation.
M/S M K Enterprises v.M/S Jems Engineering
The Karnataka High Court dismissed an appeal filed by M/S M K Enterprises against an interim injunction favoring M/S Jems Engineering. The dispute centered on trademark infringement and passing off concerning submersible pumps, where both parties used similar marks (JAMES vs. JEMS). The court found that the respondent-plaintiff successfully established prima facie evidence of prior use dating back to 2004, outweighing the appellant's claims of later registration and business commencement in 2013. Consequently, the balance of convenience lay with the plaintiff, upholding the injunction.
Kamdhenu Limited v.Raghunath Virdharam Bishnoi And Ors
The Delhi High Court issued stringent directions in favor of Kamdhenu Limited regarding the illegal use of its trademark 'Kamdhenu' by various defendants. The court recognized that the defendants were using infringing domains and bank accounts to impersonate the plaintiff and defraud customers. Consequently, the court ordered domain registrars (GoDaddy), telecom providers, and banks to disclose KYC details of the involved parties. Furthermore, it mandated investigations into the identified individuals and mobile numbers to curb ongoing trademark infringement.
Anil Rathi v.Shree Sidhbali Steels Private Limited & Ors.
This Delhi High Court order addresses a trademark dispute concerning the use of 'Rathi' in manufacturing steel items. The plaintiff, Anil Rathi, challenged the defendants' use of the mark, alleging that a lease agreement was merely a camouflage for unauthorized production. While the defendants claimed they were operating under a valid license, the court allowed the plaintiff to file an additional affidavit and documents regarding a guarantee provided by Defendant No.1 to secure loans for Defendant No.2. The interim injunction remains in place pending further arguments.
D & H India Ltd v.Superon Schweisstechnik India Ltd
This appeal before the Delhi High Court concerned a suit filed by Superon Schweisstechnik India Ltd against D & H India Ltd, alleging infringement and passing off related to the trademark 'SUPERON'. The core legal dispute revolved around whether the respondent could amend its plaint to establish prior user rights for 'SUPERON' since 1994. The court ultimately upheld the Single Judge's decision, finding that allowing the amendment would not prejudice the appellant, who had ample opportunity to contest the claim.
Shyam Steel Industries Limited v.Shyam Sel And Power Limited & Anr.
This Calcutta High Court judgment addresses a trademark infringement and passing off suit filed by Shyam Steel Industries Limited against Shyam Sel And Power Limited. The plaintiff alleged that the defendants were exploiting its reputation by using 'Shyam' on their TMT bar packaging, despite previous agreements to phase out the mark. However, the court noted the defendant's claim of honest adoption and the common nature of the word 'Shyam'. Consequently, the court declined to grant an immediate injunction but allowed the defendants time to file a detailed affidavit-in-opposition.
Vinay Aggarwal v.Rims Marketing Pvt. Ltd.
The Delhi High Court confirmed an existing interim injunction, ruling in favor of the plaintiff regarding passing off. The court found that the defendant's use of 'ELEPHANT JINLI' was phonetically and structurally similar to the plaintiff's established mark 'ELEPHANT,' creating a likelihood of confusion among consumers. Despite arguments regarding conflicting agreements from the manufacturer, the court upheld the plaintiff's prior rights and dismissed the defendant's application to vacate the injunction.
Superon Schweisstechnik India Limited v.D & H India Limited
The Delhi High Court addressed an appeal challenging an order that allowed a plaintiff's application to amend their plaint. The plaintiff sought to introduce facts regarding the earlier use of the trademark SUPERON by its parent group, Stanvac Chemicals India Limited, dating back to 1994. Despite arguments from the defendant claiming grave prejudice due to the change in user date, the court upheld the amendment order. The judgment emphasized that at the stage of considering an amendment, the court must not delve into the merits or correctness of the claims, provided the amendment is necessary for proper adjudication and is bona fide.
Flsmidth Private Limited v.Mr.S.Balaj Das
Flsmidth Private Limited filed a suit seeking permanent injunctions, damages, and accounts regarding alleged copyright infringement in engineering drawings and passing off related to its 'O-SEPARATOR' product. The core dispute revolved around whether the plaintiff had adequately established territorial jurisdiction for the Commercial Division of the Madras High Court against foreign respondents. The court ultimately held that the plaintiff failed to provide specific pleadings demonstrating how the defendants were amenable to the court's jurisdiction, leading to the dismissal of the appeals.
Industrial Tools And Hardware v.Naman Arora and Sandeep Garg
The plaintiff filed a Commercial IP Suit alleging that the defendants infringed their registered trademark and manufactured identical products using the plaintiff's marks. The court observed the infringement and granted an interim order restraining the defendants from manufacturing, marketing, or selling goods bearing deceptively similar marks.
Rubinetterie Bresciane Bonomi Spa v.M/S.Lehry Instrumentation & Valves Pvt. Ltd.
This case involves an Italian company, Rubinetterie Bresciane Bonomi Spa, which filed a suit against M/S.Lehry Instrumentation & Valves Pvt. Ltd. for passing off its trademark and design mark used on brass ball valves. The dispute escalated when the appellant challenged procedural orders passed during the trial process. The Madras High Court ultimately dismissed the appeal, holding that the impugned interlocutory orders did not qualify as 'judgments' under the Letters Patent, thereby rendering the appeals non-maintainable despite the provisions of the Commercial Courts Act.
Superon Schweisstechnik India Limited v.Modi Hitech India Ltd.
The Delhi High Court dismissed a trademark infringement suit filed by Superon Schweisstechnik India Limited against Modi Hitech India Ltd. The plaintiff claimed ownership of the trademark VAC-PAC for welding electrodes, arguing it was an arbitrary and fanciful mark. However, the court found that the abbreviation 'VAC-PAC' derived from descriptive terms (Vacuum Packaging) could not be protected as a trademark. Citing settled law, the court ruled that the suit constituted an abuse of process of law and dismissed it with significant costs imposed on the plaintiff.
M/S. Munjal Showa Limited v.Commissioner Of Central Excise & St, Delhi (Gurgaon)
M/S. Munjal Showa Limited challenged demands for service tax levied on royalty payments made to M/s. Showa Corporation, Japan, concerning the transfer of technical know-how and IP rights (Patent, Utility model, Brand Service, Design, Trademark). The Tribunal ruled that since the relevant trademarks and designs were not registered in India under Indian law at the time, the services did not fall under IPR service as defined by the Finance Act, 1994. Furthermore, since the agreement was executed before the levy came into force, the demand was unsustainable.
M/S Impact Metals Ltd., Bollaram v.M/S Msr India Ltd., Hyderabad
The Civil Revision Petition arose from a lower court's dismissal of an application seeking arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. The respondents sought permanent injunction and damages based on alleged infringement of proprietary technology, designs, trade secrets, and trademarks. The Court held that the entire dispute was arbitrable under the Manufacturing Agreement.
Sunny Sales & Others v.Binod Khanna
The Calcutta High Court refused the plaintiffs' interim application for an injunction against the use of the trade mark 'LIPU' (and similarly 'SUNSHINE'). The court emphasized that while both parties claimed long-standing usage, neither had established exclusive rights. Given that both were importers sourcing goods from multiple manufacturers in China, and registration applications were recent, the court found no justification for granting an immediate injunction. However, the defendant was directed to maintain detailed sales accounts throughout the litigation.
Rubaljit Singh v.M/S. Kanz Overseas & Anr.
Rubaljit Singh filed a suit alleging that M/S. Kanz Overseas & Anr. had dishonestly adopted his trade mark 'KANZ' for door closures and hardware fittings, infringing both trademark rights and copyright in the associated artistic packaging. The plaintiff sought perpetual injunctions against the defendants. However, during the proceedings, the court found on a prima facie view that the documents relied upon by the plaintiff were fabricated. Consequently, the interim injunction restraining the defendants was vacated, and the plaintiff's application was dismissed.
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