Other — India Trademark Cases
231 decisions indexed
Page 1 of 8 · 231 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.
M/S BRAHMAPUTRA DISTILLERY AND ANR v.ASSOCIATED ALCOHOL AND BEVERAGES COMPANY
This appeal was filed by M/S Brahmaputra Distillery against an ad-interim injunction granted by the Civil Judge, Jorhat. The underlying commercial suit involved claims of trademark infringement and passing off concerning the product 'Raagi' and its packaging. However, the Gauhati High Court ultimately dismissed the appeal on preliminary grounds, ruling that due to the specific mandate of Section 13(1) of the Commercial Courts Act, 2015, the appeal ought to have been filed before the District Judge, Jorhat.
Dileep Bakliwal Prop Poonam Marketing v.Mohan Singh Panwar
This petition challenged the rejection of a request to transfer a trademark infringement suit to the Commercial Court. The petitioner argued that since the dispute involved intellectual property, it should automatically fall under the jurisdiction of the Commercial Courts Act, 2015, regardless of the low valuation. However, the High Court ruled that while IP rights are covered by the Act, the requirement for a 'commercial dispute' to have a specified value of at least Rs. 3 lakhs must be met. Since the suit was valued below this threshold, the court upheld the trial court's decision and dismissed the petition.
Lifestyle Equities C.V. v.Amazon Technologies Inc.
This Supreme Court judgment addresses a Special Leave Petition filed by Lifestyle Equities C.V. against Amazon Technologies Inc., concerning the stay of an execution decree related to trademark infringement. The core issue revolved around whether the Delhi High Court was justified in granting a stay on the money decree without insisting on the deposit of the decretal amount. The Supreme Court ultimately dismissed the petition, upholding the High Court's decision regarding the stay.
Pankaj Plastic Industries Private Limited v.Anita Anu
Pankaj Plastic Industries Private Limited filed a suit alleging trademark infringement and passing off against Anita Anu regarding the use of 'Poly Punkaj' for plastic goods. The core dispute revolved around whether the court should dispense with mandatory pre-suit mediation under Section 12A of the Commercial Courts Act, 2015. Although the plaintiff claimed urgency due to the defendant's alleged bad faith registration, the High Court ultimately dismissed the appeal. The judgment held that the plaintiff's prolonged delay in approaching the court demonstrated a lack of genuine urgency, leading to the revocation of leave and dismissal of the suit on procedural grounds.
Fox And Mandal And Anr v.Somabrata Mandal And Ors
This case involves an application filed by Fox And Mandal And Anr seeking to consolidate their civil suit (IP-COM/6/2025) with two other related proceedings, including a writ petition concerning trademark disputes. The core dispute revolves around rival claims over the partnership firm's mark 'Fox & Mandal'. However, the court rejected the consolidation request, finding that the current suit was stillborn and lacked sufficient material bearing to the issues in the other cases.
Mr Amit Arora Sole Proprietor M/S Hydro Valves v.The Controller General Of Patents Design and Trade Marks & Ors.
The petitioner filed Rectification Petitions seeking cancellation of three 'MILTON' trademarks registered in Class 21. Respondents raised a preliminary objection regarding the pendency of earlier related rectification petitions before the Trade Marks Registry, Mumbai. The court satisfied this objection after the petitioner undertook to withdraw the relevant pending petitions.
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.
Elofic Industries Limited v.Mobis India Limited
The Delhi High Court consolidated two commercial suits (CS(COMM) 17/2016 and CS(COMM) 363/2018) involving Elofic Industries Limited and Mahle Filter Systems India Private Limited versus Mobis India Limited. The court proceeded to frame detailed issues for trial, focusing heavily on whether the plaintiff's use of the defendant's trademarks qualifies as 'honest use' under Section 30(2)(d) of the Trade Marks Act, 1999. Further issues addressed the maintainability of the suit and the possibility of granting permanent injunction against criminal complaints.
M/S Crocs Inc Usa v.M/S Bata India & Ors
This Delhi High Court judgment addresses multiple appeals filed by Crocs Inc USA against various footwear manufacturers, including Bata India. The core issue revolved around the maintainability of Crocs' suits for passing off, which had previously been dismissed by a Single Judge. The court found that dismissing the suits outright was an error, as the claim for passing off extends beyond merely copying a registered design and requires factual examination.
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.
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.
Mohd Shakir v.Gopal Traders & Anr.
Mohd Shakir appealed a single judge's decision that dismissed his petition seeking cancellation or rectification of a work registered under No. A-120894/2017, which was claimed by Gopal Traders & Anr. The core dispute revolves around the mark "MYA," where the appellant claims prior rights based on third-party trademark registrations held by Mr Youssef and Mya International. The court found the matter required examination and issued notice to all respondents.
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.
V.K.R. Venkatesan v.S.Athiappan
V.K.R. Venkatesan filed a civil suit against S.Athiappan, Proprietor of Chitra Enterprises, alleging infringement of his registered trademarks ('SIVAJI' and 'V.K.R. SIVAJI BRAND') and copyright over artistic works. The plaintiff sought perpetual injunctions to stop the use of deceptively similar marks like 'SIVAJI GOLD'. However, before the court could rule on the merits of the infringement claims, the plaintiff chose to withdraw the suit.
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.
Intellectual Property Attorneys Association (IPAA) v.The Controller General of Patents, Designs & Trade Marks & Anr.
The Intellectual Property Attorneys Association (IPAA) approached the Delhi High Court seeking directions to suspend limitation periods under the Trade Marks Act, citing severe disruptions in accessing the Trademark Registry's online portal. The petitioner highlighted persistent technical difficulties, including non-functional e-filing services and payment gateway issues, which were causing stakeholders to lose valuable IP rights. The Court acknowledged the urgency of the matter, directing the Controller General of Patents, Designs & Trade Marks (CGPDTM) to appear on the next date to provide detailed solutions and status updates regarding the systemic failures.
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.
Spencer'S Retail Limited v.Geetha Jorge Alias Geetha George & Others
Spencer'S Retail Limited filed a suit against Geetha Jorge Alias Geetha George & Others, alleging trademark infringement. The plaintiff argued that the City Civil Court was not the proper forum for seeking relief due to restrictions in the City Civil Courts Act, 1953, and because the matter had already been adjudicated.
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.
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