Real Estate — India Trademark Cases
10 decisions indexed
Page 1 of 1 · 10 total
BPTP Limited v.Confido Landbase Private Limited & Ors.
The Delhi High Court granted an interim injunction in favor of BPTP Limited against Confido Landbase Private Limited & Ors. The court found that the defendants were unauthorizedly using the plaintiff's registered trademark 'BPTP' to promote a non-existent project, causing potential market confusion and irreparable harm. Consequently, the defendants were restrained from advertising or dealing in services under the disputed marks and directed to immediately take down all infringing online content.
Signatureglobal (India) Limited v.Ashok Kumar And Ors.
The Delhi High Court granted an interim injunction in favor of Signatureglobal (India) Limited, a leading real estate developer. The court found that the plaintiff had made out a prima facie case regarding trademark infringement and passing off by various online entities imitating its brand 'SIGNATUREGLOBAL'. Consequently, the defendants were directed to immediately take down or block all infringing websites and were restrained from registering similar domains, protecting the company's digital presence and consumer trust.
Viridian Development Managers Private Limited & Anr. v.Rps Infrastructure Limited
The Delhi High Court issued interim directions against Rps Infrastructure Limited after a petition alleging trademark infringement concerning the 'World Trade Centre' brand in Faridabad. The court temporarily restrained the respondent from using the disputed trademarks on its projects, requiring immediate removal of the marks from all public materials and mandating disclosure to unit buyers that the developer holds no rights to the brands. While granting these protective measures, the Court deferred the adjudication of significant monetary claims (over Rs 31 crore) to the ongoing arbitration proceedings.
Provident Housing Ltd v.Central Park Estates Pvt Ltd & Ors
The Delhi High Court dismissed Provident Housing Ltd's appeal, upholding the Single Judge's order that restrained its use of 'Provident Central Park'. The court found that the appellant's mark was deceptively similar to the respondents' registered trademarks, particularly because 'CENTRAL PARK' is a prominent feature in the respondent's marks. While clarifying that no exclusive right exists over the generic words 'CENTRAL PARK', the judgment affirmed that copying this prominent portion of a device mark constitutes infringement.
Central Park Estates Private Limited v.M I Builders Private Limited
The Delhi High Court granted an ex parte ad-interim injunction in favor of Central Park Estates Private Limited against M I Builders Private Limited regarding trademark infringement. The court found that the Plaintiff, who holds registered rights in 'CENTRAL PARK' for real estate, had made out a prima facie case. The Defendant was restrained from using the mark 'CENTRAL PARK' either standalone or combined with its group name 'M.I.' to prevent consumer confusion in the ongoing construction projects.
Central Park Estates Private Limited v.Ashoka Developers And Builders Limited
Central Park Estates Private Limited filed a suit alleging trademark infringement, passing off, and unfair competition against Ashoka Developers And Builders Limited regarding the use of 'CENTRAL PARK' in real estate projects. The Delhi High Court addressed preliminary applications, dispensing with pre-institution mediation for urgent reliefs. The court subsequently issued summons to all defendants and set the matter for further pleadings and arguments on the injunction application.
Central Park Estates Pvt Ltd & Ors v.Darshanam Life Space Private Limited
The Delhi High Court stayed an adverse interim order that had vacated the appellants' ex-parte injunction, which was related to trademark infringement concerning 'Central Park'. The court acknowledged the strong goodwill and reputation of the appellant's registered mark. While keeping the core dispute in abeyance, the court granted permission for the respondent to sell remaining unsold flats, balancing the need to protect IP rights with commercial realities.
Eih Ltd. v.Sahana Realty Pvt. Ltd.
The Delhi High Court addressed challenges to the court's territorial jurisdiction in a trademark infringement dispute brought by EIH Ltd. against Sahana Realty Pvt. Ltd. The plaintiffs alleged that the defendants' use of 'THREE SIXTY WEST' and 'OBEROI' infringed their established luxury brand rights. The court ultimately dismissed the applications challenging its jurisdiction, affirming that the cause of action arose within Delhi due to consumer confusion and business activities in the region.
Vardhman Properties Ltd v.M/S Vardhman Realtech Pvt Ltd & Ors
The Delhi High Court granted temporary injunctive relief in favor of Vardhman Properties Ltd against M/S Vardhman Realtech Pvt Ltd & Ors. The court found that the defendants' use of the mark 'VARDHMAN' was phonetically and visually identical to the plaintiff's registered trademark, leading to a prima facie case for infringement and passing off. This interim order restrains the defendants from using the name in a manner that suggests an association with the plaintiff's established brand, allowing the main suits to proceed.
Ashiana Housing Ltd. v.M/S Total Property Solutions
The Delhi High Court ruled in favor of Ashiana Housing Ltd., granting a permanent injunction against M/S Total Property Solutions for infringing its trademarks and copyrights. The court found that the defendant's use of deceptively similar marks and replication of proprietary content on their website caused confusion among the public. Furthermore, given the defendant's ex-parte conduct and deliberate infringement, the court awarded punitive damages of Rs. 3 lac and costs to the plaintiff.
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