Other — India Trademark Cases
226 decisions indexed
Page 6 of 8 · 226 total
Essel Propack Ltd. v.Essel Kitchenware Ltd. And Anr
Essel Propack Ltd. filed a suit seeking injunctions for trade mark infringement and passing off against Essel Kitchenware Ltd. The court considered the convoluted litigation history and arguments regarding sufficient cause for interim relief. Ultimately, the court dismissed the Notice of Motion, finding that the Plaintiff had not demonstrated sufficient cause.
Jasper Infotech Pvt Ltd v.Deepak Anand & Ors
Jasper Infotech Pvt Ltd filed an application seeking to amend its plaint in a passing off/disparagement suit against Deepak Anand & Ors. The plaintiff sought to enhance the valuation of the suit from Rs.21,00,800/- to Rs.2,00,00,800/- based on reassessed damages and goodwill attached to its brand 'Snapdeal'. The Delhi High Court allowed the amendment, emphasizing that courts should examine such applications from a commercial angle, provided a valid case for amendment is made out.
Vifor (International) Limited v.The High Court Of Delhi
This writ petition challenged the mandatory transfer of commercial disputes related to five key statutes—Patents, Trademarks, Designs, Copyright, and Geographical Indications—to the Commercial Division of the High Court. The petitioners argued that suits under these specific IP Acts should remain in their original forum, even if the value is below Rs. 1 crore. The court provided an interim order, holding that these cases shall not be transferred, while also directing Single Judges to consider amendment applications as per law.
Tata Sons Limited v.Aniket Singh
Tata Sons Limited filed a suit seeking permanent injunction, damages, and relief against Aniket Singh for alleged infringement of its rights to privacy, publicity, and passing off. The plaintiffs argued that their established goodwill and reputation, associated with the TATA brand, were being harmed by the defendant's actions. Given the defendant's failure to appear in court, the Delhi High Court ruled in favor of the plaintiffs, granting a permanent injunction and awarding punitive damages.
Stephen Koeing v.Arbitrator Nixi And Anr.
This case involved a dispute over the domain name 'internet.in', which was registered by Koening, while Purohit held a trade mark for 'internet'. The core issue revolved around whether the domain name registration infringed upon the existing trademark rights. The Delhi High Court examined the arbitral award concerning this matter. Ultimately, the court upheld the arbitration finding, emphasizing that the registrant has an obligation to ensure their domain name does not violate third-party rights.
Advance Magazine Publishers Inc And Anr v.M/S Just Lifestyle Pvt Ltd
Advance Magazine Publishers Inc filed a suit in the Delhi High Court seeking permanent injunction against M/S Just Lifestyle Pvt Ltd for trademark infringement, passing off, and dilution. However, following a decision by the Supreme Court, it was held that the Delhi Courts lacked territorial jurisdiction because the plaintiff's principal place of business and the cause of action both arose in Mumbai. Consequently, the court disposed of the suit and directed the plaint to be returned to the plaintiff for filing before the Bombay High Court.
Bharat Balar v.Rajendra Distributors
The appeal concerned a suit filed by Bharat Balar alleging infringement of their registered design and passing off against Rajendra Distributors. The court facilitated an agreement between both parties to expedite the trial process and set aside certain adverse observations made in a previous common order.
Ultratech Cement Ltd. v.Dalmia Cement Bharat Ltd.
The petitioners, registered proprietors of trade marks containing 'UltraTech' or 'Ultra', sought leave to combine their cause of action for infringement with a cause of action for passing off against the defendant. The defendant challenged the court's jurisdiction under Section 134(2) of the Trade Marks Act, 1999. The Court held that it possessed original jurisdiction and allowed the combination of both causes of action.
Babu Ram Om Prakash v.Pradhan Herbal Company
This case involved a dispute between Babu Ram Om Prakash and Pradhan Herbal Company concerning the use of the trademark 'Diamond/Black Diamond' in relation to Henna Power (Mehandi). Following mandatory mediation, the parties reached a comprehensive Settlement Agreement. The court accepted this agreement, decreeing the suit based on its terms, which prohibited the defendant from using the plaintiff's mark or similar labels.
C.I.T v.M/S.Acqua Minerals P.Ltd
The dispute arose from an assessment where the Assessing Officer restricted the allowance of Rs. 2,90,602/- claimed by the assessee as royalty payment to M/s. Parle (Export) Pvt. Ltd for use of their trade mark 'Bisleri', classifying it instead as acquisition of a patent right under Section 35A. The Income Tax Appellate Tribunal referred this question to the High Court.
M/S Radico Khaitan Limited v.M/S Brima Sagar Maharashtra Distilleries Ltd
M/S Radico Khaitan Limited filed a suit against M/S Brima Sagar Maharashtra Distilleries Ltd alleging infringement of several trademarks related to alcoholic beverages. The court addressed multiple interim applications, including those seeking liberty to sue for other unregistered marks and enlargement of time. Ultimately, the court partly allowed the applications, granting an interim injunction that restricts the Defendant from using identical or deceptively similar labels for specific products while permitting the use of generic terms without the protected prefix.
Sahajanand Technologies Private Limited v.Regional Director - North Western Region - Ministry of Corporate Affairs
This Gujarat High Court order addressed a challenge to the Regional Director's decision, which had previously rejected an application under Section 22 of the Companies Act. The core dispute involved whether pending trademark proceedings should prevent the approval of a company name ('Sahajanand Laser Technology Private Limited'). The court admitted the appeal, recognizing that the distinct legal nature of the Companies Act application does not automatically render it sub-judice to ongoing trademark disputes.
Consolidated Contractors International Company S.A.L. v.Consolidated Construction Consortium Ltd & Ors
This case addressed an application filed by Consolidated Contractors alleging wilful disobedience of a court order, specifically regarding the continued use of their logo by the defendants. The plaintiff had sought permanent injunctions for passing off and copyright infringement. The court examined whether the usage was intentional or merely inadvertent, referencing established legal precedents on contempt.
M/s Paragon Rubber Industries v.M/s Pragati Rubber Mills
This Supreme Court judgment addressed a dispute concerning the territorial jurisdiction for a composite suit filed by Paragon Rubber Industries against Pragati Rubber Mills. The core issue was whether a suit claiming relief under both the Copyright Act, 1957, and the Trade and Merchandise Marks Act, 1958, could be maintainable in the court where the plaintiff resided. While the High Court initially found the composite suit not maintainable, it allowed the plaintiff to amend the plaint. The Supreme Court ultimately dismissed the appeals, upholding the High Court's decision regarding the amendment liberty.
L.T. Overseas North America Inc. v.Sachdeva & Sons Pvt. Ltd
This appeal before the Delhi High Court concerned the admissibility of additional documents sought by L.T. Overseas North America Inc., which was involved in a trademark dispute over the mark 'ROYAL'. The plaintiff sought to place Apostilled Registration Certificates and various bills of lading/invoices on record to establish ownership and prior use. While the court allowed the admission of the four registration certificates, it rejected the request for the invoices and bills of lading, finding that the plaintiff failed to adequately justify the delay in producing these documents.
Kaveri Hotels Private Limited (Presently Known as Chouki) v.Intellectual Property Appellate Board & 2
The petitioner, Kaveri Hotels Private Limited (Chouki), challenged the Intellectual Property Appellate Board's acceptance of a correction application related to the registration of the 'Chouki Dhani' trade mark. The dispute centered on whether respondent No. 2 could legally replace the original applicant, Mr. Gulraj Vaswani, based on an unregistered business takeover agreement.
Ajanta Limited And Anr. v.M/S Ajanta Transistor Clock Manufacturing Co and Others
This appeal before the Delhi High Court involved a complex family business dispute concerning the ownership and use of the 'Ajanta' trade mark. The core controversy stemmed from various settlement deeds and an MoU executed between members of the same family. Given the sensitive nature of the family arrangement, the court recognized the need to maintain peace and harmony by avoiding litigation. Consequently, the High Court modified the previous order to mandate interim compliance with the terms of the existing Memorandum of Understanding until the Arbitral Tribunal delivers its final award.
Micolube India Limited v.Rakesh Kumar Trading As Saurabh Industries & Ors.
This judgment addresses complex questions regarding the interplay between statutory design rights and common law remedies like passing off. The court ruled that a suit for infringement of a registered design is not maintainable against another registered proprietor if the registration covers the same features. Furthermore, while the remedy of passing off cannot be joined with the design infringement suit concerning the shape itself, it remains available in alternative to prevent consumer confusion arising from trade dress or trademarks.
Rajnarayan Dwivedi v.Girish
The petitioner challenged a trial court order that affirmed an injunction granted in favor of the respondents/plaintiffs. The dispute centered on the similarity between the respondents' brands ('Rashtriya Khajuraho Griha Udyog' and 'Calash Chhap Tobacco - Lalluwali') and the petitioner's brand ('Rashtrapriya Khajuraho Tambakhu Griha Udyog').
The Institute Of Company Secretaries Of India v.Mangalore Institute Of Fire and Safety Engineering
The Institute of Company Secretaries of India (Petitioner) sought to quash a prospectus and direct respondents from imparting an MBA in Company Secretaryship course because they were using the trade mark 'CS', which the Petitioner claimed was protected under Section 15-B of the Company Secretaries Act, 1980. The Court clarified that while respondents could impart similar courses, they must not use the specific trademark 'CS' to save the petitioner's logo and patent.
Just Lifestyle Pvt. Ltd. v.Advance Magazine Publishers Inc.
This case involved a dispute over the use of the trade mark 'VOGUE' by Just Lifestyle Pvt. Ltd., which was accused of infringement and passing off by Advance Magazine Publishers Inc. The core legal battle revolved around whether the court had territorial jurisdiction to hear the suit, particularly after the appellant changed its name and corporate structure. The Delhi High Court ultimately ruled against the respondents' attempt to amend the plaint, finding that the jurisdictional issue must be determined based on the date the suit was originally filed.
Weider Publications, Llc & Anr. v.Shri Pushpendra Srivastav & Anr.
The Delhi High Court ruled in favor of Weider Publications, LLC, finding the defendants guilty of infringing both copyright and trademark rights related to the 'Muscle & Fitness' magazine. The court found that the defendants were not only using a deceptively similar title ('Muscles & Fitness') but also blatantly copying the content, layout, and get-up of the plaintiffs' internationally acclaimed publication. Given the defendants' failure to appear in court despite being served notice, the court emphasized the need for punitive damages to deter unscrupulous infringement, awarding Rs. 5 lakhs.
Govind Rubber Ltd v.Department Of Income Tax
The dispute concerned the allowability of claiming depreciation on the trade mark/brand name "GRL International" which was developed by Govind Rubber Ltd. The Revenue argued that the expenditure was merely advertisement and thus revenue in nature, while the Assessee contended it constituted an intangible asset eligible for capitalization and depreciation.
M/s Surya Roshni Ltd. v.State of Punjab and Others
M/s Surya Roshni Ltd. filed a petition seeking action against respondents for alleged trademark infringement, claiming exclusive use of the 'Surya' mark. The petitioner argued that prima facie evidence existed for violation of the Trademark Act. However, the State submitted that since respondent no. 4 had initiated civil litigation regarding the same trademark dispute, criminal proceedings were not pursued. Consequently, the High Court disposed of the petition, noting that the petitioner could pursue alternative remedies.
M/s. Fenner (India) Ltd. v.The Addl. Commissioner of Income Tax, Range I, Kochadai, Madurai
The dispute involved the classification of a lump sum royalty paid by Fenner (India) Ltd. to Fenner, U.K., for the use of the 'FENNER' trade mark. The Assessing Officer treated this payment as capital expenditure, but the Tribunal partially allowed both sides' appeals on different grounds.
Daystar Television Network Pvt Ltd. v.Word Of God Fellowship Inc./d/b/a/Daystar Television Network
Daystar Television Network Pvt Ltd. challenged Word Of God Fellowship Inc., claiming infringement and passing off related to its registered trademark 'DAYSTAR TELEVISION NETWORK'. The appellant sought permanent injunctions against downlinking, distribution, and use of the mark in India. However, the Madras High Court dismissed the appeals, finding that the respondent was honestly using their pre-existing global business name. Furthermore, the court held that since the program was originally designed by the respondent, they retained original ownership rights, preventing restrictions on their usage.
Madhu Product v.Sundaram Files
Madhu Product, a manufacturer and seller of stationery goods since 1978, holds a registered trademark 'NANDI'. The petitioner filed a suit seeking perpetual injunction against the respondents for infringement of this trade mark. The writ petitions were filed challenging the trial court's refusal to grant an ex parte ad interim order.
Anu Ambraile Proprietrix M/s.AA Impex Company v.The District Collector Tiruvallur
Anu Ambraile challenged various orders related to the cancellation of her property mark registration and the subsequent seizure/confiscation of red sanders wood. The court ultimately found that the initial seizure and confiscation were void, upholding the judgment that the petitioner was not involved in illegal exports.
Penn Racquet Sports v.Mayor International Ltd
This case involves an execution petition filed by Penn Racquet Sports (the Decree Holder) seeking enforcement of a foreign arbitral award against Mayor International Ltd (the Judgment Debtor). The dispute originated from two Trademark License Agreements (TLAs) granting the use of the 'Penn' trademark. Although the judgment debtor raised objections regarding alleged breaches by the decree holder, the Delhi High Court dismissed these objections. Consequently, the court held that the foreign award was enforceable under Chapter I Part II of the Arbitration and Conciliation Act, 1996.
M/S. H.T. Media Ltd. v.Municipal Corporation of Delhi
M/S. H.T. Media Ltd. challenged the Municipal Corporation of Delhi's (MCD) prohibition against displaying its trade name on public boards in front of housing societies, arguing it was merely informational and not an advertisement. The MCD contended that this display served a commercial purpose to promote the petitioner's brand. The High Court ultimately ruled that since the display aimed to promote and publicize the newspaper 'Hindustan Times', it constituted 'advertisement' under the DMC Act, leading to the dismissal of the petition.
Facing a trademark dispute?
Arctic's TM litigation team handles ~120 trademark matters per year across India, EU, and UK. From oppositions to infringement actions, we build winning arguments from precedent.