Trademark Cases

1,271 decisions across India

Page 11 of 43

trademark mixed · Apr 15, 2024

Taco Bell Corp. v.Tamoghna Foods & Enterprises

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 11/2024, I.A. 2294/2024 & I.A. 8344/2024

The Delhi High Court allowed Taco Bell Corp. to withdraw its rectification petition against Tamoghna Foods & Enterprises' trademark registration, provided the latter adheres to a binding undertaking. Tamoghna had previously initiated opposition proceedings against Taco Bell’s 'TACO SUPREME' mark despite limitations on their own registered device mark. The court accepted Tamoghna's commitment to cease all oppositions and cancellations related to 'TACO SUPREME', allowing the petition to be disposed of while preserving rights for future action in case of breach.

trademark mixed · Apr 9, 2024

Mankind Pharma Limited v.Solitaire Pharmacia And Anr

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 214/2022

The Delhi High Court issued an order in the trademark dispute between Mankind Pharma Limited and Solitaire Pharmacia And Anr. The court directed the Respondent to file additional documents demonstrating that the Petitioner was simultaneously seeking rectification of the impugned trademark 'CUREKIND' before the Trademark Registry. Furthermore, the hearing was adjourned to September 2nd, 2024, allowing both parties time to submit composite briefs.

trademark plaintiff favorable · Apr 9, 2024

Rachna Sagar Pvt Ltd v.Sovereign Mercantile Pvt Ltd & Ors.

Delhi High Court · CS(COMM) 304/2023

The Delhi High Court confirmed an existing interim injunction in favor of Rachna Sagar Pvt Ltd against Sovereign Mercantile Pvt Ltd and others. The court found that the Defendants' use of a deceptively similar mark, 'RACHNA SAGAR,' amounted to prima facie passing off. Given the Plaintiff's extensive market presence, prior usage since 1996, and substantial revenue in the publishing sector, the court ruled that allowing the defendants to continue using the mark would inevitably cause consumer confusion and loss to the Plaintiff.

trademark mixed · Apr 9, 2024

Mittal Electronic Industries v.The Registrar Of Trade Marks

Delhi High Court - Orders · W.P.(C)-IPD 11/2024 & CM 35/2024

Mittal Electronic Industries filed a petition challenging the current registration status of the trademark 'MILTON' (No. 419520). The petitioner contends that despite their historical association with the mark, the proprietorship is now incorrectly listed under an unrelated entity, 'Indian Agencies.' The Delhi High Court issued notice to the Registrar of Trade Marks, prompting a formal inquiry into the ownership and registration details of the trademark.

trademark defendant favorable · Apr 8, 2024

Mohd Shakir v.Gopal Traders And Anr

Delhi High Court · C.O.(COMM.IPD-CR) 699/2022

Mohd Shakir filed a petition seeking rectification of an artistic work titled 'MYA', which was registered under the Copyright Act, 1957. The petitioner claimed that the impugned registration belonging to Gopal Traders copied an earlier artwork owned by a third party in Lebanon and had prior international trademark registrations for 'MYA'. However, the court dismissed the petition, noting that copyright registration is only prima facie evidence of particulars entered therein. Furthermore, the court highlighted the petitioner's own conflicting assertions regarding ownership in previous opposition proceedings, ultimately upholding the validity of the existing registration.

trademark plaintiff favorable · Apr 8, 2024

Kaira District Cooperative Milk Producers Union Ltd & Anr. v.D N Bahri Trading As The Veldon Chemical And Food Product And Anr.

Delhi High Court · C.O. (COMM.IPD-TM) 165/2023

The Delhi High Court allowed a rectification petition filed by Kaira District Cooperative Milk Producers Union Ltd against D N Bahri Trading As The Veldon Chemical, ordering the removal of the respondent's registered mark under Class 32. The petitioner successfully argued that the impugned trademark was either not used continuously for the required period or constituted an infringement/passing off risk given the established reputation and extensive use of the 'AMUL' brand. This judgment reinforces the protection afforded to well-known marks against unauthorized registrations.

trademark mixed · Apr 4, 2024

Mona Aggarwal v.Sandhya Gupta

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 19/2022

This Delhi High Court order addresses a rectification petition filed by Mona Aggarwal against the trademark 'Super MULTI PLUS' used by Sandhya Gupta. Mona Aggarwal argues that since her prior passing-off suit established her as the prior user, and Sandhya Gupta failed to provide documentary evidence of use since 1994, the registration should be cancelled as fraudulent. The court has noted these arguments but deferred a final decision, setting a date for further hearing.

trademark The case was re-notified for May 2nd, 2024 to allow counsel time to examine relevant case law. · Apr 1, 2024

north side brewers private ltd v.the registrar of trade marks

Delhi High Court - Orders · C.A.(COMM.IPD-TM) 17/2024, I.A. 7200/2024, I.A. 7199/2024

North Side Brewers Private Ltd appealed a decision of the Registrar of Trade Marks. The appellant sought condonation of delay in filing the appeal, prompting consideration of relevant case law regarding the Registrar's discretionary powers and precedents concerning trademark delays.

trademark plaintiff favorable · Mar 27, 2024

M/s.Star Plastics v.Chandrasekhar

Madras High Court · (T)OP(TM) No.394 of 2023 (ORA/108/2020/TM/CHN)

The Madras High Court allowed M/s. Star Plastics' petition seeking rectification of the Trade Marks Register against Chandrasekhar's 'STARPRO' mark. The court found that despite the addition of the suffix 'pro', the similarity between the petitioner's registered word mark 'Star' and the respondent's 'STARPRO' was striking enough to deceive an ordinary consumer. Given both marks were in Class 17, the court directed the Registrar of Trade Marks to cancel the infringing registration.

trademark dismissed · Mar 26, 2024

Apex Formulations Pvt. Ltd. v.Apex Laboratories P.Ltd.

Madras High Court · (T)OP(TM)/19/2023 (ORA/112/2011/TM/CHN)

The Madras High Court dismissed a Transfer Original Petition filed by Apex Formulations Pvt. Ltd against Apex Laboratories P.Ltd. The petition, which sought the removal or rectification of a trademark registration (No. 343270) in Class 5, was withdrawn by the petitioner. This dismissal confirms that the parties had reached a compromise in an earlier case (C.S.No.614 of 1998), and the terms of that settlement remain binding.

trademark defendant favorable · Mar 22, 2024

Pidilite Industries Ltd. v.Sanjay Jain & Anr

Delhi High Court · C.O. (COMM.IPD-TM) 371/2022

Pidilite Industries Ltd. sought the rectification and cancellation of a respondent's trademark ('POMA-EX KIWKHEAL') under Sections 47 and 57 of the Trade Marks Act, arguing that it was deceptively similar to their well-known mark 'FEVIKWIK'. The Delhi High Court dismissed the petition, holding that Pidilite could not claim a monopoly over the generic element 'KWIK' or its variations. Furthermore, the court noted that the rectification application must stand on its own merits and cannot rely solely on prior injunctions granted in separate infringement suits.

trademark plaintiff favorable · Mar 21, 2024

Sun Pharma Laboratories Limited v.Narender Kumar & Ors.

Delhi High Court · CS(COMM) 424/2021, I.A. 11524/2021 & I.A. 16787/2021

The Delhi High Court upheld the existing interim injunction in favor of Sun Pharma Laboratories Limited against Narender Kumar & Ors. The dispute centered on alleged passing off, where the defendant used the mark 'CAFTADAY' for an eye drop containing the compound ALCAFTADINE, deceptively similar to the plaintiff's mark 'CAFTA'. Despite arguments from the defense regarding generic drug naming conventions and INNs, the Court found that the plaintiff had satisfied the triple test for passing off. Consequently, the injunction was maintained, preventing the defendants from using the impugned mark during the pendency of the suit.

trademark plaintiff favorable · Mar 20, 2024

Puma Se v.Gajari Online Services Private Limited

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 194/2023

The Delhi High Court granted a rectification petition filed by Puma Se against Gajari Online Services Private Limited, ordering the variation of the respondent's registered trademark (No. 3685326). The court accepted the petitioner's argument that the 'leaping lion' device within the impugned mark was deceptively similar to Puma's well-known 'leaping cat' device. Consequently, the court directed the deletion of the leaping lion element from the trademark while allowing the word 'GAJARI' to remain.

trademark plaintiff favorable · Mar 18, 2024

Puma Se v.K.Srinivasan Trading as K.Srinivasan Mills & The Registrar of Trade Marks

Madras High Court · (T)OP(TM)/518/2023 (ORA/SR.3/2021/TM/CHN)

The Madras High Court allowed Puma Se's petition for rectification, directing the removal of a conflicting trade mark registration (No. 2892343) held by K.Srinivasan Mills. The court found that the leaping cat depicted in the respondent's label bore a strong resemblance to Puma's registered 'leaping puma' logo. This ruling reinforces the principle that established trademark proprietors are entitled to protect their distinctive logos against confusingly similar marks, even if those marks operate in related classes.

trademark settled · Mar 15, 2024

Om Shivam Utpadan v.Saraswati Utpadan Private Limited

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 731/2022, I.A. 13262/2022 & I.A. 13263/2022; C.O.(COMM.IPD-CR) 19/2021 & I.A. 16088/2021

The Delhi High Court disposed of multiple trademark and copyright rectification petitions after the parties reached a comprehensive settlement through mediation. The agreement outlines specific usage rights for both parties' marks and logos, allowing them to continue using certain designs under modified conditions while withdrawing ongoing legal challenges. This resolution provides clarity on their respective intellectual property rights moving forward.

trademark plaintiff favorable · Mar 12, 2024

Nababuddin Ahmed v.The Registrar Of Trademarks Kolkata And Anr

Calcutta High Court · WPO/140/2024

The Calcutta High Court ruled in favor of Nababuddin Ahmed, setting aside the unauthorized removal of his registered trademark. The court held that merely uploading a notice on an official website does not constitute valid service under Section 25 of the Trade Marks Act, 1999. Since the petitioner was not given individual notice and opportunity to rectify defects, the administrative action taken by the Registrar was deemed vitiated.

trademark plaintiff favorable · Mar 11, 2024

Diageo North America, Inc v.Venkateshwara Winery & Distillary Pvt. Ltd.

Madras High Court · (T)OP(TM) No.223 of 2023 (ORA/79/2016/TM/CH)

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.

trademark plaintiff favorable · Mar 11, 2024

Gm Modular Pvt Ltd. v.Mayur Electromeck Pvt Ltd.

Delhi High Court · C.O. (COMM.IPD-TM) 276/2022

The Delhi High Court allowed the rectification petition filed by Gm Modular Pvt Ltd., successfully challenging the registration of a similar mark held by Mayur Electromeck Pvt Ltd. The court found that the Impugned Mark was not genuinely used in commerce, despite the respondent's claims. Based on the lack of substantial evidence of use and potential confusion with the established 'GM' brand, the High Court ordered the cancellation of the infringing trademark registration.

trademark defendant favorable · Mar 7, 2024

M/s Shri Gorakh Bhandar v.Commissioner, Customs-New Delhi

Custom, Excise & Service Tax Tribunal · Customs Appeal No.51711 of 2019 (DB)

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.

trademark mixed · Mar 1, 2024

Su Kam Power Systems Limited v.Kunwer Sachdev & Anr. Kantaloop Communications & Anr.

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 780/2022 and connected matters

The Delhi High Court addressed multiple rectification petitions concerning the 'Su-Kam' trademark, pitting Su Kam Power Systems Limited against Kunwer Sachdev. The court noted that while the petitioner company holds a key registration, the defendant claims original conceptualization of the mark. Given the complex history involving insolvency and prior civil judgments, the court has directed both parties to file detailed notes and encouraged them to explore amicable resolution through mediation before listing the matter again.

trademark defendant favorable · Mar 1, 2024

Vijay Abrol v.Yogesh Kumar Rustogi

Delhi High Court - Orders · RFA-IPD 1/2021 & CM APPL. 1129/2013

The Delhi High Court allowed appeals filed by Vijay Abrol, setting aside a previous judgment that had favored Yogesh Kumar Rustogi in a passing off suit. The court found that the plaintiff failed to establish the necessary goodwill and reputation for the trademark 'BRITE' as required by the triple test for passing off. Furthermore, the appellant/defendant successfully demonstrated their own established use of the mark and secured its registration, leading the court to conclude the original suit lacked a real basis.

trademark plaintiff favorable · Feb 29, 2024

Kaira District Cooperative Milk Producers Union Ltd & Anr. v.D N Bahri Trading As The Veldon Chemical And Food Product And Anr.

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 165/2023

trademark plaintiff favorable · Feb 29, 2024

Hatsun Agro Product Ltd. v.V.Nataraja trading as M/s.Nataraja Traders

Madras High Court · (T)OP(TM)/179/2023 (ORA/178/2015/TM/CHN)

The Madras High Court ruled in favor of Hatsun Agro Product Ltd., directing the cancellation of a deceptively similar trademark registered by V.Nataraja Traders. The court found that the respondent's mark was strikingly and confusingly similar to the petitioner's established 'ArokyA' brand, despite minor differences or added devices. This decision reinforces the principle that similarity in appearance, color scheme, and overall impression can lead to trademark cancellation, even if the infringing party attempts slight modifications.

trademark mixed · Feb 27, 2024

Ms Bharat Irrigation Pvt. Ltd. v.The Controller General Of Patents Designs And Trade Marks Also Registrar Of Trade Marks & Anr.

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 143/2022 & I.A. 2009/2022 / C.O. (COMM.IPD-TM) 149/2022 & I.A. 2107/2022

The Delhi High Court addressed objections raised in a rectification petition concerning the trademark 'LUBI'. The respondents challenged the jurisdiction of the court, arguing that the registration occurred in Ahmedabad and not New Delhi. Furthermore, they contended that the petitioner's filing was barred by Section 124 of the Trade Marks Act, 1999, due to a prior pending suit in the District Court at Ahmedabad. Given these complex jurisdictional and procedural hurdles, the court decided to renotify the matter for further consideration.

trademark dismissed · Feb 26, 2024

M/s.Haryana Soap Factory (Sh.Krishan Kumar Jain) v.Sh.A.J.Saravanan & The Registrar of Trade Marks

Madras High Court · (T)OP(TM)/355, 356/2023 (ORA/50-51/2020/TM/CHN)

This Madras High Court judgment confirms the dismissal of Transfer Original Petitions filed by M/s.Haryana Soap Factory seeking rectification of specific trademarks (936165 and 1833170). The court noted that both parties had reached a compromise regarding the underlying dispute, which was formalized in a memo recorded by the District Court, Delhi. Consequently, the petitioner voluntarily withdrew their claims, leading to the dismissal of the petitions without costs.

trademark plaintiff favorable · Feb 26, 2024

M/S Shubham Goldiee Masale Pvt. Ltd. v.Indu Devi

Madras High Court · (T)OP(TM)/509/2023 (ORA/SR.37/2018/TM/CHN)

The Madras High Court ruled in favor of M/S Shubham Goldiee Masale Pvt. Ltd., directing the cancellation of a conflicting trademark, 'GOLDY,' held by Indu Devi. The court found that despite minor visual differences, the first respondent's mark was strikingly and deceptively similar to the petitioner's established marks ('GOLDIEE'). This decision reinforces the principle that phonetic similarity can outweigh superficial design elements in trademark disputes.

trademark defendant favorable · Feb 23, 2024

Odi-Ray Industries Limited v.Life Style International Pvt. Ltd.

Madras High Court · (T)OP(TM)/549/2023 (ORA/SR.140/2018/TM/CHN)

The Madras High Court addressed a petition filed by Odi-Ray Industries Limited seeking the removal or rectification of the trademark 'SPICE IT UP (Label)' registered in favor of Life Style International Pvt. Ltd. The court noted that the petitioner failed to appear before the court on the scheduled date. Consequently, the entire original petition was dismissed for default.

trademark plaintiff favorable · Feb 23, 2024

Tempting Brands Ag v.Mr.Parasmal Purohit

Madras High Court · (T)OP(TM)/231/2023 (ORA/106/2016/TM/CHN)

The Madras High Court ruled in favor of Tempting Brands Ag, ordering the cancellation of Mr. Parasmal Purohit's registered trademark (No. 1690863). The court found that the respondent had literally copied the petitioner's mark, making only a minor cosmetic change ('66' to '69'). The judgment strongly condemned this act as theft and dishonest adoption, reinforcing the principle of protecting prior rights against subsequent imitation.

trademark plaintiff favorable · Feb 22, 2024

S.Sudhakar v.K.Priya

Madras High Court · (T)OP(TM) No.545 of 2023

The Madras High Court allowed a petition filed for the rectification of the Trademarks Register, directing the cancellation of K. Priya's 'UDAYA MASALA' mark. The court relied on a prior final judgment in an infringement suit which had already established that the respondent's mark was deceptively similar to the petitioner's earlier registered marks ('UDHAIYAM'). This decision reinforces the principle that successful infringement litigation can serve as a basis for seeking cancellation of confusingly similar trademarks.

trademark mixed · Feb 21, 2024

Mustafa Raza Dhorajiwala Sole Proprietor of M/s Kemei India v.Dinesh Kumar Proprietor of M/S Jai Laxmi Marketing and Anr

Delhi High Court - Orders · C.O.(COMM.IPD-CR) 3/2024, I.A. 4094/2024, I.A. 4095/2024, I.A. 4096/2024 & I.A. 4097/2024

This Delhi High Court order addresses a rectification petition filed by Kemei India against a copyright registration held by Jai Laxmi Marketing. The petitioner argues that the 'KEMEI' mark was improperly registered as a copyright despite its prior existence and registration as a trademark in 2013. The court has initiated proceedings, issuing notice to all parties and setting a timeline for filing replies, moving the case toward substantive dispute resolution.

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