Trademark Cases

3,667 decisions across India

India 3,667

Page 26 of 123

trademark mixed · Aug 13, 2024

Akzo Nobel Coatings International B. v.Berger Paints India Limited and Anr.

Calcutta High Court · IPDATM/119/2023

The Calcutta High Court disposed of the appeal concerning the trademark 'POLYDUR'. The court noted that Respondent No. 1 had submitted a letter requesting the withdrawal of the trademark application (No. 1949642). Consequently, the High Court directed the Registrar of Trademarks, Kolkata, to process and pass the appropriate orders for the complete withdrawal of the mark within three weeks.
trademark plaintiff favorable · Aug 13, 2024

Himalaya Wellness Company And Ors v.Vlado Sky Enterprise Private Limited

Delhi High Court - Orders · CS(COMM) 682/2024

The Delhi High Court granted an interim injunction in favor of Himalaya Wellness Company against Vlado Sky Enterprise Private Limited regarding trademark infringement. The court found a prima facie case for passing off, noting that the plaintiffs have established significant goodwill with their 'HIMALAYA' brand since 1930. Consequently, the defendant was restrained from manufacturing or selling products under the deceptively similar mark 'HIMALAYAN ORGANICS', though they were allowed three months to exhaust existing stock.
trademark mixed · Aug 13, 2024

Vijay Baweja Proprietor Of M/S Vijay Auto Sales v.Ajay Baweja Trading As Ajay Auto Spares & Anr.

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 766/2022, I.A. 18588/2022 & I.A. 18589/2022

The Delhi High Court referred a trademark dispute between Vijay Baweja and Ajay Baweja to the Mediation and Conciliation Centre. The petitioner sought rectification of their 'AIRGOLD' trademark and cancellation of the respondent's similar mark, 'AIR GOLD (DEVICE)', both registered in Class 12. This move indicates the court is encouraging parties to resolve complex IP conflicts through alternative dispute resolution before proceeding with a full trial.
trademark mixed · Aug 12, 2024

M/S Krbl Limited v.M/S J.R. Rice India Pvt. Ltd. And Another

Delhi High Court - Orders · CS(COMM) 701/2016

The Delhi High Court allowed M/S Krbl Limited to file amendments and introduce crucial subsequent documentation in its ongoing suit against J.R. Rice India Pvt. Ltd. The plaintiff successfully sought to place on record the registration certificate, legal proceedings, and official orders confirming 'INDIA GATE' as a well-known trademark. This procedural order allows the case to proceed with updated evidence relevant to the core dispute.
trademark mixed · Aug 12, 2024

Dunar Foods Limited v.Ankit Vats Trading As Avjk Foods Llp & Anr.

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 158/2024, I.A. 36142/2024-Stay, I.A. 36143/2024-Summon the complete record of impugned registered trademark.

Dunar Foods Limited initiated proceedings seeking the cancellation of the registered trademark 'Nawazish' through a petition under Section 57 of the Trade Marks Act, 1999. The Delhi High Court issued notice to all parties and set forth detailed timelines for filing replies and written synopses. This order marks a procedural step in the ongoing litigation aimed at challenging the validity of the registered mark.
trademark plaintiff favorable · Aug 9, 2024

Sun Pharma Laboratories Ltd v.Resolute Healthcare & Ors.

Delhi High Court - Orders · CS(COMM) 668/2024

The Delhi High Court granted an ex-parte ad-interim injunction in favor of Sun Pharma Laboratories Ltd against Resolute Healthcare & Ors. The court found that the defendant's mark, 'TRYGABA', is deceptively similar to the plaintiff's registered trademark, 'TRIGABANTIN'. Given that both products treat neuropathic pain and the similarity was intentional (truncation), the court restrained the defendants from manufacturing or selling the infringing product until further notice. The injunction allows the defendants a grace period of three months to exhaust their current stock.
trademark settled · Aug 9, 2024

Murali Lal Harish Chandra Jaiswal Pvt. Ltd. v.Karthikeyan Manishekar

Madras High Court · (T)OP(TM)/325/2023 (ORA/44/2019/TM/CHN)

The Madras High Court allowed a petition seeking the rectification and removal of the trademark 'HANS VENBA' (No. 3917470) following a settlement reached between the petitioner, Murali Lal Harish Chandra Jaiswal Pvt. Ltd., and the first respondent, Karthikeyan Manishekar. The court confirmed that the registration would be cancelled as per the terms of the memorandum of settlement executed on August 7, 2024. Consequently, the Registrar of Trade Marks was directed to remove the entry from the register within four weeks.
trademark plaintiff favorable · Aug 9, 2024

Himalaya Global Holdings Ltd & Anr. v.Ms Ab Allcare Herbal & Ors.

Delhi High Court - Orders · CS(COMM) 675/2024, I.A. 36095/2024

The Delhi High Court granted crucial interim relief in the trademark infringement suit filed by Himalaya Global Holdings Ltd against Ms Ab Allcare Herbal & Ors. The court allowed the plaintiffs to proceed with seizing alleged infringing products using Local Commissioners. Furthermore, it permitted the commissioners to inspect defendants' books of accounts and stock registers related to the disputed goods. This order significantly advances the plaintiff's case for permanent injunction regarding the 'Liv.52' trademark and Himalaya's distinctive trade dress.
trademark mixed · Aug 8, 2024

Pernod Ricard India Private Limited v.Accord Distillers And Brewers Pvt Ltd

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 4/2024

In a trademark dispute concerning the brand 'BLENDERS PRIDE', the Delhi High Court allowed Pernod Ricard India Private Limited to introduce supplementary documentation. The petitioner sought these documents to rebut the respondent's denial regarding the well-known status and earlier adoption of their trademark. This interim order facilitates the ongoing litigation, allowing both parties to present a more complete factual record before the court.
trademark defendant favorable · Aug 8, 2024

Madhu Food Products v.Surya Processed Food Pvt. Ltd.

Delhi High Court · FAO (COMM) 157/2024

The Delhi High Court dismissed the appeal filed by Madhu Food Products, upholding the Commercial Court's initial order favoring Surya Processed Food Pvt. Ltd. The dispute centered on alleged trademark infringement and passing off concerning food products under the marks 'HUNK' and 'HUNT'. The court found prima facie evidence that the appellant copied the respondent's distinctive trade dress and packaging, concluding that the use of 'HUNT' was intended to take advantage of the respondent's established goodwill. This judgment reinforces the importance of protecting brand identity through both trademark registration and distinct visual presentation.
trademark plaintiff favorable · Aug 7, 2024

Play Games 24X7 Private Limited v.Www10Xbettcom & Ors.

Delhi High Court - Orders · CS(COMM) 657/2024

The Delhi High Court allowed the plaintiff's application to implead additional infringing websites, domains, and their registrars in a suit concerning trademark infringement. Furthermore, the court extended the existing ad-interim injunction to these newly added defendants. The order imposes strict restraints on the new parties, prohibiting them from using the 'MY11CIRCLE' mark or similar names, while also directing domain name registrars to suspend/block infringing domains and disclose subscriber information.
trademark mixed · Aug 7, 2024

Krbl Limited v.Rajesh Kejriwal Trading As Chemical Centre India And Anr.

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 502/2022

In this ongoing trademark dispute, Krbl Limited sought permission to introduce several documents into the court record. The Delhi High Court allowed the admission of statutory and official records pertaining to the respondent, while rejecting other documents presented by the petitioner due to lack of relevance in the current proceedings. This order allows both parties time to prepare comprehensive written synopses detailing the chronological events and legal arguments for the final adjudication of the cancellation petition.
trademark mixed · Aug 7, 2024

Ms Allanasons Private Limited v.The Registrar Of Trademarks & Anr.

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 86/2024, I.A. 32967/2024-Stay; C.O. (COMM.IPD-TM) 91/2024, I.A. 33317/2024-Stay

The Delhi High Court issued an order in the matter concerning Ms Allanasons Private Limited versus The Registrar Of Trademarks & Anr. This interim order scheduled both associated commercial IP disputes (C.O. (COMM.IPD-TM) 86/2024 and C.O. (COMM.IPD-TM) 91/2024) for a hearing on August 29, 2025. The court's directive indicates the ongoing procedural progression of these trademark matters.
trademark plaintiff favorable · Aug 7, 2024

Utracon Corporation Pte Ltd v.Ucon Pt Structural System Private Limited & Ors.

Delhi High Court - Orders · CS(COMM) 661/2024

The Delhi High Court granted an interim injunction in favor of Utracon Corporation Pte Ltd against its former licensee, Ucon Pt Structural System Private Limited, and associated entities. The court found a prima facie case for trademark infringement and passing off, noting that the defendants continued to use the plaintiff's registered 'UTRACON' marks after the license expired. Furthermore, the court directed the blocking of the infringing domain name www.utraconindia.com, securing immediate protection for the plaintiff's brand.
trademark mixed · Aug 6, 2024

M/S G.K. Tobacco Industries Pvt. Ltd. v.M/S Aum Universal Inc. & Anr.

Delhi High Court - Orders · CS(COMM) 126/2019

The Delhi High Court permitted M/S G.K. Tobacco Industries Pvt. Ltd. to amend its plaint in a suit concerning trademark and passing off infringement. The amendment was sought because a previously pending trademark application (Z GOLD) had subsequently been granted registration by the Registrar of Trademarks. Both parties consented to the change, allowing the plaintiff to incorporate this new registered right into the ongoing litigation.
trademark mixed · Aug 6, 2024

Oracle International Corporation v.Cis It Solutions Pvt Ltd

Delhi High Court - Orders · O.M.P. (COMM) 232/2024

Oracle International Corporation challenged an Arbitral Award that denied it the transfer of the domain name www.exadata.in, despite Oracle holding registered trademarks for 'EXADATA.' The Delhi High Court found that the arbitrator failed to appreciate the evidence and suggested the award was contrary to public policy. While the court did not overturn the award immediately, it initiated proceedings by issuing notice to the respondent, signaling a significant legal challenge to the initial domain dispute resolution.
trademark mixed · Aug 5, 2024

Sun Pharmaceutical Industries Ltd. v.M/S. Orison Pharmaceuticals

Delhi High Court - Orders · CS(COMM) 443/2023 & I.A. No. 11981/2023

The Delhi High Court addressed a suit filed by Sun Pharmaceutical Industries Ltd. against M/S. Orison Pharmaceuticals concerning alleged trademark infringement and passing off of marks like 'REVITAL' and 'CEROXIM'. Despite the plaintiff alleging deceptive similarity in the defendant's marks ('ORIVITAL' and 'OXIM'), both parties expressed interest in exploring a settlement. Consequently, the Court referred the matter to the Delhi High Court Mediation and Conciliation Centre for resolution.
trademark mixed · Aug 5, 2024

Guruji Enterprises Pvt Ltd & Anr. v.Deepak Kumar Mittal & Anr.

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 157/2024

Guruji Enterprises Pvt Ltd has filed a petition before the Delhi High Court seeking the removal and cancellation of a similar trademark used by Deepak Kumar Mittal. The petitioner asserts that their family has been commercially using the 'GURU JI' mark since 1983-84, establishing prior and senior rights in relation to various goods. The court accepted notice from the respondent and directed both parties to file detailed replies within specified timelines, setting the stage for a full hearing on trademark infringement/revocation.
trademark plaintiff favorable · Aug 5, 2024

M/S. Ganesh Gouri Industries And Ors v.R. C. Plasto Tanks And Pipes Pvt. Ltd.

Delhi High Court · FAO (COMM) 54/2022

The Delhi High Court set aside an earlier Commercial Court order that had restrained M/S. Ganesh Gouri Industries (Appellants) from using its trademark and trade dress, 'AQUA PLAST'. The court found that the trial court erred in concluding that the competing marks were deceptively similar merely by comparing parts of the devices. Instead, the High Court emphasized that a comprehensive review of the overall commercial impression of the marks is necessary when assessing infringement, thereby favoring Ganesh Gouri's right to use its label.
trademark plaintiff favorable · Aug 5, 2024

Shri Rajesh Chugh v.Mehruddin Ansari & Anr.

Delhi High Court · C.O. (COMM.IPD-TM) 28/2024

The Delhi High Court allowed a petition filed by Shri Rajesh Chugh against Mehruddin Ansari & Anr., directing the cancellation of the rival trademark ANDAAZ-E-NIZAAM. The court accepted the respondent's admission that the mark had been abandoned due to non-use, despite its initial similarity to the petitioner's established brand NIZAM'S. This ruling underscores the importance of continuous use and good faith in maintaining a registered trademark.
trademark mixed · Aug 2, 2024

M/S Rspl Health Private Limited v.Mittal Industrial Corporation & Anr

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 155/2024

The Delhi High Court addressed several applications in the trademark dispute between M/S Rspl Health Private Limited and Mittal Industrial Corporation & Anr. While procedural matters like exemption from certified copies were granted, the core petition seeking removal or rectification of the impugned trademark 'SAGAR SUPREME LABEL' was advanced. The court accepted notice and directed all parties to file their replies within specified timelines, setting the stage for a substantive hearing on the alleged deceptive similarity.
trademark mixed · Aug 1, 2024

L&T Valves Limited v.M/S Isteel

Delhi High Court - Orders · CS(COMM) 636/2024

In a suit concerning trademark infringement, L&T Valves Limited successfully secured several interim reliefs from the Delhi High Court. The court granted exemptions regarding pre-litigation mediation and advance service, allowing the plaintiff to proceed urgently. Crucially, the court passed an order for ex-parte ad-interim injunction, directing the appointment of a Local Commissioner to seize infringing material and inspect relevant documents, thereby providing immediate protection against alleged trademark misuse.
trademark plaintiff favorable · Aug 1, 2024

Charles And Keith International Pte Ltd v.Ambud Sharma & Anr.

Delhi High Court · C.O. (COMM.IPD-TM) 322/2023

The Delhi High Court ruled in favor of the fashion house Charles And Keith, directing the cancellation of a similar trademark registration held by the respondent. The petitioner successfully argued that its established brand 'CHARLES & KEITH' and abbreviation 'C&K' was well-known and used extensively across various classes, including Class 09 for masks. Given the similarity and the petitioner's prior use, the Court cancelled the respondent's mark in Class 09, despite it being filed on a 'proposed to be used' basis.
trademark settled · Aug 1, 2024

The World Community Services Centre v.Vetham Kuzhumam Spiritual Trust

Madras High Court · (T) OP (TM) No.540 of 2023

The Madras High Court disposed of a petition filed by The World Community Services Centre seeking rectification of a trademark registration held by Vetham Kuzhumam Spiritual Trust. The dispute, which involved specific service descriptions within Trademark Registration No. 3654426, was resolved amicably through a Joint Memorandum of Compromise signed by both parties. Consequently, the Court directed the Registrar of Trademarks to implement the terms of this compromise.
trademark mixed · Jul 31, 2024

Jindal (India) Limited v.Ratan Kumar Choudhary & Anr.

Delhi High Court - Orders · CS(COMM) 229/2024, I.A. 6082/2024 et al.

The Delhi High Court addressed several interlocutory applications in the trademark and copyright infringement suit filed by Jindal (India) Limited against Ratan Kumar Choudhary & Anr. While granting procedural exemptions, the court specifically advanced the main injunction request (I.A. 6082/2024). The court found prima facie evidence of deceptive similarity between the plaintiff's registered mark 'JINDAL' and the defendants' usage on roofing sheets, ordering notice to the defendants to record their undertaking before the Court.
trademark plaintiff favorable · Jul 31, 2024

Mr.A.Salaudeen v.The Registrar of Trade Marks

Madras High Court · WP(IPD) No.20 of 2024

Mr. A. Salaudeen approached the Madras High Court seeking intervention against the prolonged delay by the Registrar of Trade Marks in processing his post-registration changes for three trademarks ('Globe', 'Cock', and 'Anil'). The petitioner argued that this seven-year pendency was causing undue hardship and eroding his goodwill due to unauthorized third-party use. Recognizing the administrative lapse, the Court issued a directive compelling the Registrar to dispose of the pending application within eight weeks.
trademark mixed · Jul 31, 2024

Yonex Kabushiki Kaisha Trading As Yonex Co Ltd v.Harshit Setia & Anr.

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 154/2024

Yonex filed a petition seeking the rectification and expungement of a trademark registration (No. 5548308) in Class 25, held by Harshit Setia, for the mark 'AERUS'. Yonex argued that the registration was obtained in bad faith and lacked bonafide use, making it ex facie illegal under Section 47(1)(a) of the Trade Marks Act. The Delhi High Court accepted notice and directed both parties to file their respective replies within specified timelines, setting the matter for further hearing.
trademark plaintiff favorable · Jul 31, 2024

Havells India Ltd v.Hirvijay Industries Llp & Ors

Delhi High Court - Orders · CS(COMM) 633/2024

The Delhi High Court granted an ex-parte ad-interim injunction in favor of Havells India Ltd against Hirvijay Industries Llp & Ors regarding the alleged infringement of the registered trademark 'REO'. The court found that the defendant's use of a deceptively similar mark, 'REIO', constituted passing off and dilution. Furthermore, the Court appointed a Local Commissioner to conduct searches at the defendants' premises, seize infringing goods, and inspect relevant financial records.
trademark plaintiff favorable · Jul 31, 2024

M/S G.K. Tobacco Industries Pvt. Ltd. v.M/S Aum Universal Inc. & Anr.

Delhi High Court - Orders · CS(COMM) 126/2019

The Delhi High Court allowed M/S G.K. Tobacco Industries Pvt. Ltd.'s application seeking permission to introduce crucial new evidence into the ongoing trademark dispute. The plaintiff sought to file the official trademark registration certificate and status, which was granted after the initial opposition filed by the defendants was rejected. This ruling allows the plaintiff to strengthen its case for rectification in the suit.
trademark mixed · Jul 31, 2024

Shri Kirit Bhadiadra v.Wings Pharmaceuticals Pvt. Ltd.

Delhi High Court - Orders · RFA(COMM) 149/2024 (of CS(COMM) No.208/2020)

The Delhi High Court allowed Wings Pharmaceuticals Pvt. Ltd. (the respondent) to introduce a recent trademark registration certificate for 'MEDILICE' into the ongoing litigation. Although the original suit concerned infringement and passing off, the court recognized that the new Class 5 registration could bear on the disputes between the parties. This order allows the introduction of evidence relating to the mark's expanded scope, while preserving the rights of the appellant.
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