Other — India Trademark Cases
166 decisions indexed
Page 1 of 6 · 166 total
Rajeev Prakash Agarwal v.Tata Play Limited and Others
The plaintiff, Rajeev Prakash Agarwal, sought an interim injunction restraining Tata Play Limited and others from using the mark 'ASTRO DUNIYA', alleging trademark infringement and passing-off. The Plaintiff claimed ownership of the coined mark used for astrological services since 2005. However, the court found that no prima facie case was made out for either infringement or passing off, dismissing the interim application.
Solariz Healthcare Private Limited v.The Deputy Registrar (Head Of Office)
Solariz Healthcare Private Limited challenged an order dated 28.10.2025 passed by the Senior Examiner of Trade Marks (Mumbai Branch) concerning its Trade Mark Application No. 4826903. The petitioner argued that since the 'appropriate office' was Chennai, the Mumbai-attached examiner lacked jurisdiction to pass such an order.
J Nithyanandham, Partner of M/s M.V.S.Gramany and Sons v.M/s M.V.S.Gramany and Sons (A Registered Partnership Firm)
The suit was filed by a registered partnership firm and its partners against Mr. Gautham Nithyanandham (Proprietor of M/s TVS Snuff Company) alleging infringement of the trademark 'J.S.Madras Snuff' and passing off using marks like 'M.V.S.Gramany'. The second defendant filed an application seeking reference of this dispute to arbitration, but the court dismissed the application.
Amara Raja Energy And Mobility Limited v.The Registrar of Trade Marks
The appeal challenged the rejection of an application (No. 5547423) by the Registrar of Trade Marks on the ground that it was deemed abandoned due to non-filing of a counter statement against opposition No. 1323716. The appellant argued they were never properly served with the notice of opposition, as proof of actual receipt via email was lacking. The Court held that without proof of actual receipt, the time limit for filing the counter statement does not run, and consequently, the application cannot be deemed abandoned.
Trackon Couriers Private Limited v.B N Srinivas
The Plaintiff, a courier service company, sought an interim injunction against the Defendant for using marks containing 'TRACK-ON' or 'TRACK-ON EXPRESS', which are confusingly similar to the Plaintiff's registered trademarks. The court found that the Plaintiff had made out a strong prima facie case and granted temporary relief.
People Interactive India Private Limited v.Ammanamanchi Lalitha Rani And 3 Ors.
The Plaintiff, owner of the well-known matrimonial platform 'Shaadi.com', filed a suit alleging infringement of its registered trademarks and passing off against the Defendants who used the similar mark and domain name 'getshaadi.com'. The court found in favor of the Plaintiff, decreeing the suit and awarding substantial costs due to the Defendants' non-participation.
Mr. Sumit Vijay & Anr. v.Major League Baseball Properties Inc. & Anr.
The appeal challenged a Single Judge's order that struck off the registered BLUE-JAY trade mark under Section 57(2) of the Trade Marks Act, 1999. The court examined whether the removal was justified based on grounds like bad faith and prior user status.
Ravi Chauhan v.Pankaj Chauhan
The plaintiff, a registered patent and trademark agent, filed a suit for recovery of Rs. 11,000/- against the defendant. The dispute arose because the defendant failed to pay the agreed fees for filing a counter-statement in opposition to the trademark 'FULEZ'. Since the defendant remained absent despite service and was proceeded ex-parte, the plaintiff successfully proved his case.
Murarilal Harish Chandra Jaiswal Pvt ltd. v.Jaishankar
The plaintiff, Murarilal Harish Chandra Jaiswal Pvt Ltd., claimed that its registered trademark 'HANS CHAAP' was being infringed and passed off by the defendants in relation to tobacco products. Despite initial interim injunctions, the suit proceeded despite non-appearance of several defendants. The court ultimately decreed the suit, granting a permanent injunction against Defendants 2 to 5 and awarding costs.
The Sun Products v.The Controller, Office of Controller General of Patents, Designs & Trade Marks
The Sun Products filed a Writ Petition seeking a direction to the Controller and Assistant Registrar of Trade Marks to reject the application for registration of the trade mark 'Alagumayil' by Sri Hari Agency, citing similarity with the petitioner's existing trade mark 'Mayiil Oma Water'. The court disposed of the petition by directing the official respondents to consider the objection and conduct an enquiry within eight weeks.
M/S Mishu Enterprises v.M/S Nakshatra 13
The plaintiff, M/S Mishu Enterprises, owns and uses the distinctive mark 'MACHHMANI' for selling sea stones and related jewellery. The plaintiff filed a suit against the defendant, M/S Nakshatra 13, alleging unauthorized use of the same mark to deceive the public. The court found in favor of the plaintiff, granting permanent injunctions.
T T Krishnamachari And Co v.Commissioner of GST and Central Excise
The appeal concerned the non-payment of service tax on royalty charges received by M/s. T.T. Krishnamachari & Co. from group companies for using the 'TTK' logo. The Department alleged that the logo was used as a Trademark, attracting IPR Service Tax. The Appellant argued that the logo was registered as an artistic work under the Copyright Act and thus exempt.
T T Krishnamachari And Co v.Commissioner of GST and Central Excise
The Appellant challenged demands raised by the Department regarding non-payment of service tax on royalty charges collected from group companies for using the "TTK" logo. The Department argued that the logo was used as a trademark, attracting IPR Service Tax. The Appellant contended that the logo was registered as an artistic work under the Copyright Act and thus exempt.
Divya Novelty v.Commissioner of Customs, Mundra
Divya Novelty appealed against the absolute confiscation and penalties imposed by Customs for importing shoes bearing famous brand names (NIKE, ADIDAS, etc.), which were deemed counterfeit. The Tribunal found that since the required procedure under IPR Enforcement Rules was not followed, the goods could not be held prohibited for confiscation. Furthermore, the valuation method used by the Revenue was deemed illegal.
Unique Entrepreneurs And Finance Limited v.Really Agritech Pvt. Ltd.
The plaintiff filed a suit alleging that the defendant is using the deceptively similar trademark 'REALLY' against the plaintiff's registered mark 'RALLI', leading to infringement and passing off. The court granted various leaves sought by the plaintiff, including leave under Clause 12 of the Letters Patent and Section 12A of the Commercial Courts Act, allowing the suit to proceed.
Jaisuryas Retail Ventures Pvt. Ltd. v.The Registrar of Trade Marks
Jaisuryas Retail Ventures Pvt. Ltd. filed multiple writ petitions seeking directions to the Registrar of Trade Marks to permit the filing of renewal applications for several registered trademarks. The petitioner argued that due to the failure of the Registrar to issue timely notice, they were entitled to renew the marks as a successor-in-interest. The Court held that while the lapse by the Registrar is noted, the petitioner must first register the assignment deed before applying for renewal.
Informa Markets India Private Limited v.M/S 4Pinfotech And Anr
Informa Markets India Private Limited filed a petition seeking rectification and removal of an existing copyright registration (L-79443/2018) for the work titled 'Virtual Expo'. The petitioner challenged the validity of the registration, arguing that the document merely described generic benefits of conducting virtual expositions. The Delhi High Court examined whether this description constituted protectable literary material or was simply a documentation of an idea. Ultimately, the court ruled in favor of the petitioner, holding that since the content was abstract and extremely generic, it did not meet the threshold for copyrightability.
Regency Plywood Industries Pvt. Ltd v.Chowdhury Enterprise And Ors
The plaintiff filed a suit seeking relief concerning its registered mark "METRO" against the respondents. The court addressed procedural matters, granting the plaintiff leave to add prayers and confirming jurisdiction under specific legal provisions.
Mohd Shakir v.Gopal Traders And Anr
Mohd Shakir filed a petition seeking rectification of an artistic work titled 'MYA', which was registered under the Copyright Act, 1957. The petitioner claimed that the impugned registration belonging to Gopal Traders copied an earlier artwork owned by a third party in Lebanon and had prior international trademark registrations for 'MYA'. However, the court dismissed the petition, noting that copyright registration is only prima facie evidence of particulars entered therein. Furthermore, the court highlighted the petitioner's own conflicting assertions regarding ownership in previous opposition proceedings, ultimately upholding the validity of the existing registration.
Diageo North America, Inc v.Venkateshwara Winery & Distillary Pvt. Ltd.
Diageo North America filed a petition seeking rectification (cancellation) of the trademark 'BULLET MALTED WHISKY' registered by Venkateshwara Winery & Distillary Pvt. Ltd., alleging that it is deceptively similar to Diageo's well-known mark 'BULLEIT'. The court allowed the petition, finding that the petitioner had established a case for cancellation.
M/s Shri Gorakh Bhandar v.Commissioner, Customs-New Delhi
The appellant, M/s Shri Gorakh Bhandar, appealed against an order where the Commissioner of Customs upheld the confiscation of imported shoes bearing the United Colors of Benetton (UCB) logo and imposed penalties. The Tribunal found that the goods were counterfeit, infringed UCB's trademark rights, and therefore constituted prohibited goods liable for absolute confiscation.
Bundi Technologies Private Limited v.Chandrasinh Dhirubha Rathod
The plaintiff, Bundi Technologies Private Limited (owner of the well-known trademark 'SWIGGY'), filed a suit against several defendants for illegal adoption and unauthorized use of its trademark. The defendants were allegedly manufacturing confectionery products under or with deceptive similarity to the 'SWIGGY' brand name to deceive the public.
M/s Levi Strauss & Company v.Vishal Kashyap
Levi Strauss & Company filed a suit against Vishal Kashyap alleging that he was clandestinely stocking, distributing, and selling apparels bearing marks identical or deceptively similar to the plaintiff's registered trademarks. The court found that the defendant had illegally adopted the plaintiff's distinctive features and infringed upon its rights.
Vrajotsav Goswami v.Devendra Verma And Anr.
The plaintiff, Vrajotsav Goswami, sought permanent injunction against defendants for infringement of his 'Vrajrang' style/trademark and passing off. The dispute centered on the use of the name 'Vrajrang (ब्रजररग)' by the defendant No. 1 in publishing a book. Both the main suit and the counter claim filed by the defendant were ultimately dismissed.
M/S Sachdeva And Sons Industries Ppvt Ltd v.M/S Jivan Ram And Sons
This matter involved a rectification petition filed by M/S Sachdeva And Sons Industries Ppvt Ltd against the Copyright registration held by M/S Jivan Ram And Sons for an artistic work titled 'PYARI'. The petitioner sought to challenge this copyright based on its own registered Trademark, 'PARI'. However, due to repeated failures of the Petitioner to appear in court and difficulties in serving notices, the Delhi High Court ultimately dismissed the rectification petition for non-prosecution.
T.V.Nagarajan v.The Controller General of Patents, Designs and Trade Marks
T.V.Nagarajan appealed the refusal of his trade mark application 'AAXLE' (Application No.4826693) by the Trade Marks Registry under Section 11 of the Trade Marks Act, 1999. The High Court found that since the proprietors of the cited marks had no objection and no objections were raised under Section 9, the refusal was liable to be set aside.
Adhya Kumar v.Mulligan Concept Teachers Association
The petitioner, Adhya Kumar, filed a Transfer Civil Miscellaneous Appeal seeking to set aside an earlier order and restore opposition proceedings related to Trademark Application No. 3010257 in Classes 16 and 41. The appeal was ultimately closed after the court noted the prior decision by the Intellectual Property Appellate Board.
Umaid Mohonot v.Union Of India
Umaid Mohonot appealed against an order dismissing their writ petitions, which challenged a show cause notice issued by the Registrar of Trade Marks. The appellants argued that the notice was invalid because related disputes concerning the 'Arrow' trademark were pending before the Delhi High Court and the Intellectual Property Appellate Board. The court ultimately held that the administrative action taken by the Registrar was distinct from the private inter se dispute, thus upholding the validity of the show cause notice.
Three Plaintiffs v.Revision Petitioner (Defendant in original suit)
A suit was filed by three plaintiffs seeking permanent injunction against the defendant for using the trademark 'IONS'. The defendant challenged the plaint, which was dismissed. The present Civil Revision Petition challenged this dismissal, arguing that Article 227 grants unfettered power of superintendence. The Court held that Article 227 cannot be used to circumvent Section 8 of the Commercial Courts Act, and thus dismissed the revision petition.
Smt. Veena Kumaravel v.Acit, Central Circle - 2 (1)
Smt. Veena Kumaravel appealed an order confirming the levy of capital gains tax on Rs. 6.5 crores received from M/s Groom India Saloon & Spa Pvt. Ltd. The Assessing Officer and CIT(A) treated this amount as capital receipt upon transfer of trademark 'Naturals'. The assessee argued it was only a license deposit, not a sale or transfer.
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