Other — India Trademark Cases
226 decisions indexed
Page 5 of 8 · 226 total
Prashant Properties Limited v.Sps Steels Rolling Mills Ltd
The petitioner, an operational creditor, entered into a Permissive User Agreement (PUA) with the respondent to use a family of marks in lieu of securing an outstanding debt. The trial court granted an ad interim injunction restraining the respondent from suspending this PUA. The appellate court stayed this injunction, arguing that civil courts lacked jurisdiction under the IBC and Companies Act. The High Court set aside the stay order, finding that the suit was maintainable as a collateral security agreement.
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.
M/s.Micro-Pak Ltd. v.Radhika Sales
M/s. Micro-Pak Ltd filed a civil suit against Radhika Sales alleging infringement of its registered trademark 'Micro-pak' and associated copyright, particularly concerning anti-microbial stickers and moisture management products. The plaintiffs sought perpetual injunctions, destruction of counterfeit goods, and damages for passing off. Ultimately, the parties reached a Joint Compromise Memo, leading to the court decreeing the suit in terms of this settlement.
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.
M/s.Gedore Werkzeugfabrik GmbH & Co. Kg v.Southern Hardware Pvt. Ltd.
M/s. Gedore Werkzeugfabrik GmbH & Co. Kg filed a civil suit against Southern Hardware Pvt. Ltd., alleging infringement of its registered trade marks, including 'GEDORE', and copyright violation concerning the 'GEDORE Device' artistic works. The plaintiffs sought perpetual injunctions and damages for passing off and IP infringement. However, before the final judgment, both parties entered into a compromise agreement.
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.
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.
Nv Distilleries Pvt. Ltd. v.A.D.S Spirits Pvt. Ltd.
In this commercial suit concerning trademark and copyright infringement, the Delhi High Court allowed Nv Distilleries Pvt. Ltd. to file crucial additional documentation. The plaintiff sought permission to submit legal proceedings certificates and invoices related to their BESTO whisky brand. After considering arguments from both sides, the court granted leave for the documents to be taken on record, provided the plaintiff pays a cost of Rs. 15,000/-.
Great White Global Pvt. Ltd. v.Sameer Kumar And 6 Others
The petitioner, Great White Global Pvt. Ltd., filed a suit against Sameer Kumar and others alleging infringement of its copyrights and trademarks. The court granted leave under the Letters Patent Act and passed an interim order recognizing the plaintiff's cause of action for infringement.
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.
Metro Shoes Limited v.V. Retail Pvt.Ltd.
The Bombay High Court disposed of the suit (COMIP (L) No. 1073 of 2018) between Metro Shoes Limited and V. Retail Pvt.Ltd. after both parties submitted Consent Terms dated August 30, 2018. The court accepted these terms, leading to the disposal of both the Suit and the Notice of Motion.
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.
G.Thirumoorthy v.Ellora Kalyani Gold Covering
G.Thirumoorthy filed a suit against Ellora Kalyani Gold Covering seeking permanent injunctions for infringing his registered trade mark 'KALYANI COVERING' and copyrighted artistic work, as well as passing off. The plaintiff sought to prevent the use of the deceptively similar mark 'KALYANI GOLD COVERING' on gold covering ornaments. However, during the proceedings, the court noted that the plaintiff failed to file an affidavit confirming the survival of the cause of action. Consequently, the suit was dismissed.
Ashoka Distillers & Chemicals Pvt Ltd v.Ads Spirits Pvt Ltd
Ashoka Distillers & Chemicals Pvt Ltd filed a suit against Ads Spirits Pvt Ltd seeking permanent injunction and damages for trademark infringement, copyright violation, and passing off related to country liquor. The defendant argued that since the impugned product was restricted and sold only within Haryana, the Delhi High Court lacked territorial jurisdiction. The court agreed with the defense, finding that both parties operated in Haryana, thus necessitating filing the suit in a competent court there.
M.Ponnusamy (Sole Proprietor of Sasi Match Works) v.Latha Match Industries
M.Ponnusamy, representing Sasi Match Works, filed a suit against Latha Match Industries and others alleging infringement of his registered trademark 'GOPAL' and copyright in its artistic label. The plaintiff sought permanent injunctions and damages due to the defendants allegedly using the deceptively similar mark 'GOKUL'. However, before the court could rule on the merits of the complex IP claims, the plaintiff chose to withdraw the suit.
Lens. Com, Inc. v.Ju J Friend International
The Delhi High Court reviewed an arbitration award concerning a domain name dispute under NIXI's INDRP. The court struck down the arbitrary direction to confiscate the disputed domain name, ruling that such power was outside the scope of the policy. However, the court clarified that merely cancelling the registration does not automatically grant ownership to the petitioner; the complainant must independently prove their rights in the generic term 'lens'.
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.
Rajat Agarwal & Anr. v.Quadrific Media Pvt Ltd & Anr.
This case involves a dispute over the intellectual property assets, specifically the trademark 'Spartanpoker', its logo, and the domain name 'Spartanpoker.com'. The plaintiffs filed a suit in the High Court concerning these assets, while the defendants subsequently filed a related suit (TS No. 5 of 2017) in the District Judge's court. To prevent conflicting judgments and streamline the legal process, the Calcutta High Court exercised its extraordinary jurisdiction to transfer the Alipore suit to be heard alongside the original High Court proceedings.
Samsung Leasing Ltd & Ors. v.Samsung Electronics Co Ltd.& Anr
This Delhi High Court judgment addressed an intra-Court appeal filed by Samsung Leasing Ltd & Ors. challenging an order that allowed amendments to a trademark infringement suit. The court first ruled on the technical issue of jurisdiction, confirming that since the original suit involved intellectual property rights (trademarks), it fell under the purview of the Commercial Courts Act, 2015. Ultimately, the appeal was dismissed because an order allowing an amendment of the plaint is not specifically enumerated as appealable under Order XLIII CPC.
hindustan unilever limited v.shree mehta chemicals indore pvt ltd
Hindustan Unilever Limited (HUFL) sued Shree Mehta Chemicals (Indore) Pvt Ltd for infringement of its registered trademark 'SURF/SURF EXCEL' and copyright in the artwork on its detergent powder packaging, alleging that Shree Mehta’s ‘SANAN’ detergent packaging used a deceptively similar colour scheme, getup, and artwork. HUFL claimed significant sales and reputation associated with the SURF EXCEL brand.
Irinjalakuda Town Co-Operative Bank Ltd v.ITC Ltd & Ors.
The plaintiff filed a suit alleging passing-off and infringement, claiming that the appellant's use of the mark 'ITC' in its banking business was unfair. The court ruled that since the plaintiff had its registered office within the territorial jurisdiction of the Calcutta High Court, the court possessed the necessary authority to hear the action under Section 134(2) of the Trade Marks Act, 1999.
Vimal Electric Company & v.Vimal Agro Products Pvt Ltd
The appellants filed an Appeal From Order challenging a Commercial Court's decision that allowed the respondent's application and ordered the return of the plaint. The original suit was for passing off action based on the use of the 'VIMAL' trade name. The High Court dismissed the appeal, holding that the Commercial Court lacked territorial jurisdiction based on the causes of action pleaded.
ITC Ltd v.Irinjalakuda Town Co-Operative Bank Ltd & Ors.
ITC Ltd filed a composite suit against Irinjalakuda Town Co-Operative Bank, alleging infringement and passing off due to the bank's use of 'ITC' as an abbreviation in its name. The respondents sought revocation of leave under Clause 12 of the Letters Patent, primarily arguing that the court lacked jurisdiction because no part of the cause of action arose within Calcutta. However, the High Court found that a true reading of the plaint showed the suit was maintainable and granted leave to proceed with both claims jointly.
M/s.Mahesh Value Products Private Limited v.Bhagwati Rubber Industries
The suit was filed by M/s. Mahesh Value Products Private Limited against Bhagwati Rubber Industries, alleging infringement and passing off related to their registered trademark 'Stumper' and associated copyright. The plaintiffs sought perpetual injunctions and damages concerning the use of the mark 'Slamped'. However, despite multiple opportunities, the plaintiffs failed to appear before the court for recording evidence.
Seven Towns Ltd v.M/S Kiddiland
Seven Towns Ltd, a global manufacturer of the Rubik's Cube, filed a suit against M/S Kiddiland alleging infringement of copyright and passing off. The plaintiffs claimed proprietary rights in the distinctive trade dress and artistic elements of their product's label and packaging. Despite initial challenges from the defendants regarding variations in detail, the Delhi High Court granted interim injunctions, finding that the plaintiffs had made a prima facie good case and that the balance of convenience lay in their favor.
M/S Rspl Limited v.Mukesh Sharma & Anr
This appeal challenged a single judge's decision that dismissed an IP suit based on lack of territorial jurisdiction. The appellant, M/S Rspl Limited, had filed the suit under the Trade Marks Act and Copyright Act seeking injunction against alleged infringement and passing off by the respondents using the name 'GHARI TRADEMARK COMPANY'. The High Court Division Bench overturned the single judge's ruling, affirming that the court has jurisdiction given the plaintiff's corporate office and business activities within Delhi.
Manugraph India Limited v.Simarq Technologies Pvt Ltd & Ors.
This Bombay High Court judgment addressed preliminary issues concerning jurisdiction in two separate suits involving intellectual property rights. The defendants argued that the court lacked jurisdiction because the cause of action arose outside its local limits, citing precedents like Sanjay Dalia. However, the court clarified the jurisdictional regimes under the Trade Marks Act and Copyright Act, emphasizing that while plaintiffs have options to file suit, they cannot abuse these provisions by filing in a remote location lacking both defendants and a cause of action. Consequently, the court held that it possessed jurisdiction over both suits.
emami limited v.patanjali ayurved limited
Emami Limited sued Patanjali Ayurved Limited for infringement of its registered trademark 'Kesh King' and design of a bottle, alleging that Patanjali’s ‘Kesh Kanti’ was deceptively similar and copied the bottle design, creating confusion among consumers. The Petitioner claimed significant turnover (Rs. 305.44 Crores) after acquiring rights to both the trademark and design.
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