Mechanical — India Trademark Cases
97 decisions indexed
Page 2 of 4 · 97 total
Contitech USA Inc v.The Registrar of Trade Marks
The Madras High Court allowed the appeal filed by Contitech USA Inc against the Registrar of Trade Marks' refusal to register the trademark 'TORQFLEX'. The court found that there was an arguable case suggesting the goods associated with TORQFLEX (power transmission belts) were not similar enough to the cited conflicting mark (TORSIFLEX, used for couplings). Citing Supreme Court precedents, the High Court held that protection is only granted if identical or similar marks are used on identical or similar goods, thereby directing the application to proceed for advertisement.
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.
Shyam Sel And Power Limited v.Atibir Industries Company Limited
The Calcutta High Court ruled in favor of Shyam Sel And Power Limited, granting a permanent injunction against Atibir Industries Company Limited. The court found that the defendant's use of the mark 'ISEL' on TMT bars constituted passing off, as it was deceptively similar to the plaintiff's established mark 'SEL'. Relying on the principles of trade law and the lack of defense from the respondent, the court expedited the judgment under Order VIII Rule 10 CPC.
Kalsi Metal Works Pvt. Ltd. v.Registrar Of Trademarks & Anr.
The Delhi High Court addressed several interlocutory applications while continuing the main appeal challenging a trademark registration. The court condoned the appellant's delay in re-filing the appeal and allowed an application for exemption from producing certified copies of documents. Crucially, the court issued notice to the Respondent No. 2 regarding the challenge to their 'KALSI' mark registration, which was previously granted by the Registrar.
Rana Steels v.Ran India Steels Pvt. Ltd.
The Delhi High Court addressed multiple applications filed by Rana Steels concerning the alleged infringement of its registered trademark RANA. The core dispute revolved around the defendant's continued use of similar marks (RANATOR/RAN INDIA) in relation to steel products, despite existing injunction orders. Recognizing the need for factual verification regarding ongoing usage and the disposal of old stock, the Court appointed a Local Commissioner to inspect the premises and examine account books.
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'.
Prakash Ferrous Industries Private Limited v.The Registrar of Trade Marks
The appellant filed a Civil Miscellaneous Appeal challenging the Registrar of Trade Marks' refusal to register the word mark 'TIRUMALA' (Application No. 2080181). The High Court set aside the impugned order primarily because it was cryptic and lacked sufficient reasons for its decision. However, since evidence of use was not placed before the authority, the matter was remanded back to the Registrar for a reasoned decision after the appellant provides proof of use.
Roxtec Ab & Anr v.Sukant Chakravarty & Ors
The Delhi High Court addressed an application filed by Roxtec Ab & Anr seeking permission to file rectification petitions against registered trademarks, which the defendants argued were monopolizing common industry terms. The court examined the claims related to a 'Bulls Eye' device mark and the slogan 'We Seal Your World'. While addressing the scope of trademark rights, the Court ultimately disposed of the application but framed an issue regarding whether Roxtec India Private Limited (Plaintiff No. 2) was a necessary party in the ongoing suit.
Sun Hydraulics Llc v.Sun Hydraulics Private Limited
In this trademark infringement suit, the Delhi High Court allowed the Plaintiff to introduce a rectified Legal Proceedings Certificate (LPC) late in the proceedings. Although the Defendant argued that the document was already in the Plaintiff's possession and control, the Court found that the newly issued LPC was not available at the time of filing the suit. However, due to the significant delay, the court imposed a cost of Rs. 25,000 on the Plaintiff.
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.
Inventio Ag And Anr v.Schneider Elevator India Pvt. Ltd. And Anr.
The Delhi High Court granted an ad interim ex-parte injunction in favor of Inventio Ag And Anr. against a newly formed company, VDMIL Elevator India. The court found that this new entity was being used to circumvent existing trademark injunctions previously passed against the original defendants (Schneider Elevator). The order restrains the proposed defendant from using marks or logos deceptively similar to the plaintiff's registered trademarks and from mimicking the plaintiff's website look and feel.
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.
Cinni Foundation Through Managing Trustee Dipak Kumar Sah v.The Registrar of Trade Marks & Anr.
The Delhi High Court addressed an appeal filed by Cinni Foundation challenging the rejection of its trademark application 'CINNI' in Class 07, which relates to pumps. The court issued notice and directed that the respondents be served with the appeal documents. Both matters were subsequently listed for a detailed hearing on January 16, 2023.
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.
Usha International Limited v.Mr Haseen Ahmed Trading As Tusha Sewing Machine Co
The plaintiff, Usha International Limited, filed a suit alleging that the defendant was adopting the deceptively similar mark 'TUSHA' in relation to sewing machines, infringing upon the plaintiff's well-known mark 'USHA'. The court granted an interim injunction and appointed a Local Commissioner to inspect and seize all infringing goods manufactured under the disputed marks.
Usha International Limited v.Tarun Arora Trading As Krishan Enterprises
Usha International Limited filed a suit seeking permanent injunction against Tarun Arora for trademark infringement concerning sewing machines. The Delhi High Court examined the plaintiff's claim, noting Usha's long-standing use of the mark 'USHA' since 1936 and its status as a well-known mark. Finding that the defendant was using the deceptively similar mark 'WSHA', the court granted an interim restraint order, preventing the defendant from using the infringing marks until further proceedings.
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.
Northland Rubber Mills v.Varun Mahajan & Anr.
Northland Rubber Mills filed a civil suit seeking an injunction against Varun Mahajan and others to prevent the use of the trademark 'NORTHLAND' or similar marks. The plaintiff asserted ownership based on historical adoption dating back to 1972. However, the defendants argued that Defendant No. 1 had rights as a legal heir and ex-partner of the firm. The court registered the suit and issued notice for the injunction application, setting the stage for further arguments.
M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.
The Delhi High Court addressed a complex matter involving the trademark 'FIELD MARSHAL,' which had been pending for decades across multiple forums, including the IPAB. The court set aside an earlier order dismissing the cancellation petition by default, finding that the dismissal was erroneous given the long-standing nature of the dispute and common evidence already led. Consequently, the High Court restored the cancellation petition and consolidated it with the original suit (Suit No. 2408/1985), directing the matter to be listed for final arguments.
Jindal Stainless (Hisar) Ltd. v.Mukesh Dalmia
In this Delhi High Court order, Jindal Stainless sought to cancel an upcoming evidence recording date before a Local Commissioner. The request was made because the Plaintiff had filed rectification proceedings challenging the Defendant's trademark registration. Since the Defendant raised no objection, the court allowed the application and cancelled the scheduled date, allowing the parties to mutually fix a new convenient time.
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.
Ashok Kumar Gupta & Anr. v.Neeram Garg & Ors.
In this commercial suit concerning the brand SAKRNI PLASTER, the Delhi High Court issued several procedural orders on April 7, 2022. The court granted exemptions to the Plaintiffs regarding document filing and advance notice service due to urgency. Crucially, the court allowed an application for ex-parte ad-interim injunction under Order 39 Rules 1 and 2 CPC, leading to the appointment of Local Commissioners to seize infringing products and inspect the Defendants' premises.
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.
Schaeffler Technologies Ag And Co Kg v.Ms Gangason Enterprises
The Delhi High Court addressed a suit filed by Schaeffler Technologies (FAG) against Ms Gangason Enterprises for alleged trademark infringement. The parties ultimately resolved their dispute through an amicable settlement, which the court formalized into a decree. Under the terms of this settlement, the Defendant acknowledged FAG's exclusive rights and agreed to cease all use of the mark 'FAG,' withdraw related trademark applications, destroy infringing products, and provide an apology for the violation.
Anil Rathi v.Barhi Concast Llp & Ors.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Anil Rathi against Barhi Concast LLP and others. The court found that the defendants were attempting to circumvent a previous injunction by adopting the deceptively similar mark 'BCLLPRATHI' while dealing in TMT bars and steel products, which are identical to the goods covered under Mr. Rathi's registered trademark 'RATHI'. This interim order restrains the defendants from manufacturing or selling goods under this contested mark until the final hearing of the suit.
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.
Anil Rathi v.Sanjog Steels Pvt. Ltd.
The Delhi High Court issued several interim orders in the dispute concerning the 'RATHI' trademark. The court restrained Defendant No. 4 from granting new licenses related to the mark until further hearing, providing immediate relief to the plaintiff. Furthermore, the court mandated that certain defendants maintain and file detailed accounts of sales made under the 'RATHI' trademark during a specified period, while also allowing for the impleadment of proposed parties.
Pm Diesels Pvt Ltd v.Thukral Mechanical Works And Ors
The Delhi High Court dismissed the petitioner's writ petition challenging an IPAB order that rejected its request to implead the original trademark assignor. The court held that since the petitioner was questioning both the initial registration and the subsequent assignment as potentially fraudulent, the assignor (M/s Jain Industries) should have been included from the outset. Given the passage of time, the High Court found it inappropriate to allow impleadment at this late stage, thereby upholding the IPAB's decision.
Fk Bearing Group Co Ltd. v.M/S Kunal Trading Corp & Anr.
The Delhi High Court granted an ad-interim injunction favoring Fk Bearing Group Co Ltd. against M/S Kunal Trading Corp & Anr. The dispute centered on the unauthorized use of the plaintiff's distinctive trademark (FK/) and associated artistic logo/trade dress for manufacturing and selling bearings. Given that the plaintiff demonstrated a prima facie case, irreparable loss, and balance of convenience in its favor, the court issued a restraining order against all defendants from dealing in the infringing goods until further hearing.
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.
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