Other — India Trademark Cases
231 decisions indexed
Page 4 of 8 · 231 total
M/s.Aarumgaa Industries v.Murugan Metal
M/s. Aarumgaa Industries filed a civil suit against Murugan Metal and others, alleging infringement of its registered trademark 'MURUGAN' and associated copyright. The plaintiff sought permanent injunctions to stop the use of similar marks and claims for damages related to passing off. Ultimately, both parties reached a compromise, leading the Madras High Court to decree the suit based on the terms of the memorandum of compromise.
M/s Elofic Industries (India) v.Mr. Viney Kumar Rai trading as Elofic Healthcare Pvt. Ltd.
The plaintiff, M/s Elofic Industries (India), a long-standing partnership concern dealing in filters, filed a suit alleging that the defendant, Mr. Viney Kumar Rai trading as Elofic Healthcare Pvt. Ltd., was infringing its trademark ELOFIC and passing off goods under similar names. The court found that the plaintiff successfully discharged the burden of proof regarding infringement.
Kotak Mahindra Bank Limited v.Kotak LLC
Kotak Mahindra Bank Limited filed a Notice of Motion against Kotak LLC alleging infringement and passing off concerning the registered trademark 'KOTAK'. The court granted temporary and permanent injunctions restraining the Defendant from using similar marks, names (like KOTAK LLC), apps (App KOTAK), and domain names (www.kotakapp.com) that are deceptive or identical to the Plaintiff's mark.
M/s.Radiant Cash Management Services v.All in Pictures
M/s. Radiant Cash Management Services filed a suit against All in Pictures alleging infringement of its exclusive trademark, 'Radiant,' related to the screening of the film 'GORRILA.' The plaintiff sought permanent injunction and damages for the alleged misuse of the mark. However, during the hearing, the defendant submitted an affidavit stating that the matter had been settled out of court.
Intellectual Property Attorneys Association v.The Controller General Of Patents, Designs & Trade Marks & Anr
The petitioner challenged the refusal of trade mark registration applications due to non-speaking orders passed by the Registrar of Trade Marks. The court held that Section 18(5) mandates the Registrar to record and communicate the grounds for refusal in writing. Consequently, Rule 36 of the Trade Marks Rules was deemed arbitrary and inconsistent with the statute.
M/s.Cool Planet (Pvt) Ltd. v.M/s.Cool Planet
This case involved M/s. Cool Planet (Pvt) Ltd. filing a civil suit against various entities, including another entity named M/s. Cool Planet and Paramount Apparels and Exports. The plaintiff sought permanent injunctions against the use of the mark 'Cool Planet', alleging infringement of both trade marks and copyright, as well as passing off. Despite the initial claims for damages and delivery up of materials, the parties ultimately reached a settlement.
Rmans Tours & Travels P Ltd. v.Varuna Associates
Rmans Tours & Travels P Ltd. filed a civil suit against Varuna Associates alleging copyright and trademark infringement. The suit claimed that the defendant was using INDAQUA labels, which substantially reproduced the plaintiff's Rmans label in identical color scheme and layout. The plaintiff sought permanent injunctions, destruction of infringing materials, and damages. However, before the court could rule on the merits, the plaintiff chose to withdraw the civil suit.
Mahindra & Mahindra Limited v.Gnanasekaran Paramsivan Trading as Mahindra Lifts and Anr.
Mahindra & Mahindra Ltd filed a suit against Gnanasekaran Paramsivan for infringement of its registered trademarks, copyright, and passing off related to the mark 'MAHINDRA' and domain name www.mahindralifts.com. The Bombay High Court disposed of the suit by decreeing the prayers in favor of the Plaintiff, granting perpetual injunctions and ordering the destruction of infringing goods.
Amrit B Sanghavi v.Dhanraj Surana
The suit involved a dispute over trademark infringement and passing off. The court granted permanent injunctions restraining the defendants from infringing the plaintiff's registered mark 'ITONE' with the use of 'DITONE', and also restrained them from passing off the plaintiff's goods.
Kesari Trust v.Kesari Tours and Travels
The plaintiffs filed a commercial IP suit against the defendant alleging infringement and passing off related to the use of the mark 'KESARI'. The court decreed the suit, granting perpetual injunctions against the defendant for using the mark in relation to various businesses.
Kesari Trust v.Kesari Tours and Travels
The plaintiffs filed a commercial IP suit against the defendant alleging infringement and passing off related to the use of the mark 'KESARI'. The court decreed the suit, granting perpetual injunctions against the defendant for using the mark in relation to various businesses.
Kesari Trust v.Kesari Tours and Travels
The plaintiffs filed a commercial IP suit against the defendant alleging infringement and passing off related to the use of the mark 'KESARI'. The court decreed the suit, granting perpetual injunctions against the defendant for using the mark in relation to travel, tourism, forex, and advertising businesses.
Metro Brands Ltd. v.Metro Footwear
The Plaintiff filed a Commercial IP Suit alleging that the Defendant was infringing its registered trademark 'METRO' and engaging in passing off. The Court found prima facie satisfaction regarding the infringement and granted ad-interim relief.
Shyam Steel Industries Limited v.Shyam Sel And Power Limited & Anr.
Shyam Steel Industries Limited filed a suit against Shyam Sel And Power Limited & Anr. alleging infringement of trademark and passing off. The Calcutta High Court accepted the plaint, noting that no leave was required under Clause 12 of the Letters Patent, 1865. Given concerns about potential concealment of infringing products, the court dispensed with mediation provisions.
Brihan Karan Sugar Syndicate Private Limited v.Konkan Agro Marine Industries Private Limited
The petitioner filed a commercial IP suit against the respondent regarding the use of bottles bearing a registered mark. The court recalled an ex-parte order after the plaintiff failed to disclose a prior cease and desist notice. Subsequently, ad-interim relief was granted in favor of the plaintiff.
Corum Hospitality v.WBSE IT Solutions Pvt. Ltd.
Corum Hospitality filed a Commercial IP Suit against WBSE IT Solutions Pvt. Ltd. alleging infringement and passing off concerning its registered trademarks, specifically 'THE BAR STOCK EXCHANGE'. The parties reached a settlement before the Bombay High Court.
Corum Hospitality v.WBSE IT Solutions Pvt. Ltd.
The suit involved allegations that the Defendant was infringing the Plaintiff's registered trademarks by using deceptive names like 'WORLD BAR STOCK EXCHANGE' and 'WBSE IT Solutions Pvt. Ltd.' The parties reached a settlement before the court.
Travellers Exchange Corporation Limited v.Celebrities Management Private Limited
This Delhi High Court judgment addressed a dispute over territorial jurisdiction concerning a suit for trademark infringement and passing off. The defendant challenged the court's authority, arguing that since both parties had connections to Mumbai, the case should have been filed there based on precedents like Sanjay Dalia. However, the court ultimately held that the interpretation of Sections 62 and 134 of the Trademarks Act, conferring 'additional jurisdiction,' is distinct from the general provisions of Section 20 of the CPC, thereby upholding the court's territorial competence.
Parthasarathy Seniammal Educational Trust v.V.Rangasamy Naidu Educational Trust
This appeal before the Madras High Court addressed a dispute between two educational trusts regarding alleged trademark infringement and passing off. The appellants argued that mere abbreviations should not be considered infringement, while the respondents maintained that the single judge's decision was sound. The court ultimately dismissed the appeal but left all substantive issues open for resolution in the pending injunction application.
Institute For Inner Studies & Ors v.Charlotte Anderson & Ors
This Delhi High Court order addresses a dispute concerning the exclusive rights over the name and practices of 'Pranic Healing'. The defendants argued that these terms and concepts were pre-existing since 1904, forming part of traditional knowledge available in the public domain, and thus incapable of protection under existing IP laws. The court directed specific defendants to file an affidavit detailing their position before further arguments.
Hotel Panchavati v.Shree Panchvati Veg Restaurant
The Plaintiffs filed a suit against the Defendants alleging infringement and passing off related to their well-known 'Panchavati' marks. The court decreed the suit, granting perpetual injunctions against the Defendants for using similar marks like 'Shree Panchvati'. Furthermore, Defendant No. 1 was directed to pay Rs. 10 Lacs.
Roderick John Andrew Mackenzie v.Himalayan Heli Services Pvt. Ltd.
Roderick John Andrew Mackenzie filed a suit alleging that Himalayan Heli Services Pvt. Ltd. was infringing his registered copyright in the artistic work titled 'HIMLAYAN HELI SERVICES'. The plaintiff claimed the defendant was illegally using his pictorial representation on various business materials. However, the court examined the history of the company and its logo design, finding evidence suggesting the defendant's original creation and use of the insignia, particularly incorporating the symbol of 'Dorje', leading to the dismissal of the application against the plaintiff.
A.S. Hameed v.P. Maharajan
The dispute centered on a registered trade mark ('No.10 A.S. PHOTO BEEDI') used for beedies and tobacco products, with the plaintiff seeking an injunction against alleged infringement by the defendant. However, the case progressed to an application by the defendant seeking revocation of the 'leave to sue' initially granted to the plaintiff. The court ultimately held that neither party resided nor conducted business within its territorial jurisdiction, leading to the successful revocation of the leave and the dismissal of the main suit.
Jawed Habib Hair And Beauty Limited v.Manoj Kumar Sharma
The petitioner, Jawed Habib Hair And Beauty Limited, filed an IP Suit against Manoj Kumar Sharma regarding alleged infringement of its trade marks. The court granted leave to the defendant and passed an interim order restraining him from using 'JAWED HABIB' or 'JH' in connection with hair salon services pending the final hearing.
The Institute Of Chartered Financial Analysis of India v.New Horizons Educational Institute Pvt. Ltd
The Institute Of Chartered Financial Analysis of India filed a civil suit against New Horizons Educational Institute Pvt. Ltd, alleging infringement and passing off related to the registered trademark 'CFA'. The plaintiff sought permanent injunctions and damages. Although the court confirmed its jurisdiction under the Commercial Courts Act, 2015, the suit was ultimately dismissed for default due to the plaintiff's counsel failing to provide instructions.
The Society Of Certified Public Acountants v.New Horizons Educational Institute Pvt. Ltd
The Society of Certified Public Accountants filed a civil suit against New Horizons Educational Institute Pvt. Ltd, alleging infringement and passing off related to the plaintiff's registered trademark 'CpA'. The court initially determined that the dispute fell under the jurisdiction of the Commercial Courts Act, 2015, as it involved intellectual property rights relating to trademarks. However, the suit was ultimately dismissed for default because the counsel on record for the plaintiff submitted that they had no instructions from the plaintiff.
Citicorp Business & Financial Services Pvt Ltd v.Citi Group Inc & Anr
This appeal challenged a single judge's order that had attached the bank accounts of Citicorp Business & Financial Services Pvt Ltd due to non-compliance with previous injunction orders regarding trademark infringement and passing off. The Delhi High Court dismissed the appeal, holding that there was no statutory provision for an appeal against such an order under Order XXXIX Rule 2A CPC. Furthermore, the court found that the appellant's subsequent failure to comply with a one-month compliance statement made before the judge demonstrated bad faith.
Canara Bank v.N.G. Subbaraya Setty
This Supreme Court judgment addressed a dispute involving Canara Bank and N.G. Subbaraya Setty concerning the use of the trademark 'Eenadu'. The core legal questions revolved around whether the bank's actions, such as selling agarbathies using the trademark, violated the Banking Regulation Act. Furthermore, the court examined the applicability of res judicata when a prior judgment was based on an assignment deed that was prohibited by law under the Trade Marks Act.
M/S Okaya Power Ltd v.M/S Aqua Healer & Ors
M/S Okaya Power Ltd filed a suit against M/S Aqua Healer & Ors alleging infringement of its registered trademark, 'MINJET', along with claims of passing off and unfair competition. The plaintiff sought a permanent injunction to prevent the defendants from using similar names or designs. After reviewing the pleadings, the court found that there were no prospects for the defendants to successfully defend the claim. Consequently, the application for summary judgment was allowed, and the suit was decreed in favor of M/S Okaya Power Ltd.
Zenner International Gmbh & Co Kg And Anr v.Anand Zenner Company Pvt Ltd
The plaintiffs filed a suit for permanent injunction against infringement and passing off concerning the trade mark 'Zenner'. The defendant challenged the territorial jurisdiction and the applicability of Section 134 of the Trade Marks Act. Ultimately, the court dismissed the suit because the plaintiffs failed to lead any evidence despite repeated opportunities.
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