Trademark Cases

3,740 decisions across India

India 3,740

Page 31 of 125

trademark mixed · May 30, 2024

M/S Nakoda Food Marketing & Ors. v.M/S Mahesh Edible Oil Industries Limited

Delhi High Court - Orders · 91166713

The Delhi High Court addressed an application filed by the respondent seeking interim relief in a trademark dispute. The court noted that while the respondent's mark is registered and well-known, the appellants' mark was unregistered and had previously been withdrawn from registration. Consequently, the court declined to grant any ad interim order at this stage but directed the appellants to file detailed documentation regarding their prior use and application history for future consideration.
trademark plaintiff favorable · May 30, 2024

Ds Agrifoods Private Limited v.M/S Singhal Enterprises & Ors.

Delhi High Court - Orders · 183114148

The Delhi High Court granted an ad-interim ex-parte injunction in favor of Ds Agrifoods Private Limited against M/S Singhal Enterprises & Ors. The court found that the Defendant's use of the mark 'DOODMALAI' and its associated trade dress was deceptively similar to the Plaintiff's established trademark 'DOONMALAI'. Given the phonetic, visual, and structural similarity, coupled with a prior business relationship suggesting bad faith, the court ruled that the Defendants were passing off their goods. This interim order protects the Plaintiff's market standing until the final hearing.
trademark plaintiff favorable · May 30, 2024

Tata Sia Airlines Limited v.Vistara Property Services Llp

Delhi High Court - Orders · 149164469

The Delhi High Court granted an ex-parte ad interim injunction in favor of Tata Sia Airlines Limited against Vistara Property Services Llp. The court found that the plaintiff had made out a prima facie case regarding trademark infringement, specifically concerning the use of 'VISTARA GETAWAYS' and similar marks by the defendant across various online platforms. This immediate relief aims to prevent irreparable harm while the main suit proceeds.
trademark plaintiff favorable · May 30, 2024

Hell Energy Magyarorszag Kft. & Anr. v.National Internet Exchange Of India (NIXI) & Ors.

Delhi High Court - Orders · 88857968

The Delhi High Court granted urgent interim relief in favor of Hell Energy Magyarorszag Kft., addressing the misuse of its 'HELL' trademark by imposters operating fraudulent websites. The court directed domain registrars to block infringing domains, mandated banks to freeze suspicious accounts, and ordered telecom providers and government agencies (MeitY/DoT) to take steps to disable mobile numbers and block website access. This decisive order aims to protect the plaintiff's brand reputation and prevent further financial fraud.
trademark plaintiff favorable · May 30, 2024

Abbott Products Operations Ag v.Mr. Muheen Khan & Anr.

Delhi High Court - Orders · 74862279

The Delhi High Court allowed the petition filed by Abbott Products Operations Ag to cancel the trademark registration 'DUFAKWIK' (No. 4459400) in Class 05. The cancellation was achieved through a mutual agreement, as both parties agreed that the mark should be removed from the Register without any claim for damages. This order provides a clear example of how IP disputes can be resolved efficiently through negotiated settlements before the court.
trademark mixed · May 29, 2024

Manash Lifestyle Private Limited v.Paghadar Riddhi Savanbhai & Ors.

Delhi High Court - Orders · 50501364

The Delhi High Court issued a series of orders in the trademark infringement suit filed by Manash Lifestyle Private Limited against Paghadar Riddhi Savanbhai & Ors. The court formally registered the plaint as a commercial suit and set out procedural timelines for both parties to file their respective pleadings, including affidavits of admission/denial of documents. Additionally, several interlocutory applications seeking exemptions from pre-institution mediation and advance service were granted by the court.
trademark plaintiff favorable · May 29, 2024

Ambuja Cements Limited v.Sudheer Sharma And Ors

Delhi High Court - Orders · 197602726

Ambuja Cements Limited filed a suit alleging that several defendants were fraudulently using its 'AMBUJA CEMENT' trademarks and associated domains to run phishing websites, deceiving consumers into making payments. The Delhi High Court granted interim relief, directing the maintenance of status quo on relevant domain names and ordering telecom/internet service providers (MEITY and DoT) to suspend access to these fraudulent sites. Furthermore, the court mandated that various defendants provide KYC documents and details of registered phone numbers to aid in identifying the perpetrators.
trademark plaintiff favorable · May 29, 2024

Singh And Singh Law Firm Llp v.Singh And Singh Attorneys

Delhi High Court - Orders · 11118880

The Delhi High Court granted a permanent injunction in favor of the Plaintiffs (Singh & Singh Law Firm LLP) against the Defendants (Singh And Singh Attorneys). The court found that the defendants were infringing upon the Plaintiffs' registered trademarks and goodwill associated with the name 'Singh & Singh'. Despite modifications to the scope of relief sought, the court affirmed the right of the Plaintiffs to protect their brand identity, emphasizing the international reputation and established goodwill of the law firm.
trademark mixed · May 29, 2024

Sun Pharma Laboratories Ltd. v.Microcosm Pharma & Ors.

Delhi High Court - Orders · 25284939

In a trademark infringement suit, Sun Pharma Laboratories Ltd. filed a claim against Microcosm Pharma regarding the alleged deceptive similarity between its registered mark 'PEGMOVE' and the defendant's mark 'PEG-MU'. During court proceedings, the proprietor of Defendant No. 1 voluntarily offered to discontinue the use of the impugned mark and undertake not to adopt any similar marks. While the suit continues for formal registration and issue framing, this offer suggests a potential path toward an amicable resolution.
trademark mixed · May 29, 2024

Nandi Infratech P. Ltd. v.Himanshu Bhandari & Ors.

Delhi High Court - Orders · 106457152

The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Nandi Infratech P. Ltd. against Himanshu Bhandari & Ors. The court allowed exemptions from pre-institution mediation and filing certain annexures, while also proceeding with the main injunction application under Order XXXIX Rules 1 & 2 CPC. The plaintiff seeks a permanent injunction to prevent the defendants from using the deceptively similar mark 'AMAATRA BANQUETS' against the registered trademark 'AMAATRA'.
trademark settled · May 28, 2024

Hershey India Private Limited v.Mohammed Arif Mohammed Hussain Akbani and Anr.

Delhi High Court - Orders · 144609481

The Delhi High Court disposed of multiple trademark litigation cases involving Hershey India Private Limited and Mohammed Arif Mohammed Hussain Akbani after the parties reached a comprehensive settlement. The dispute, which involved various commercial IP matters including suit and rectification petitions, was resolved through mediation before the court. The court accepted the terms of the settlement agreement dated May 1, 2024, thereby disposing of the main suit while adjourning related rectification petitions subject to compliance with the agreed-upon clauses.
trademark mixed · May 28, 2024

Gujarat Cooperative Milk Marketing Federation Limited v.Jg Hosiery Pvt Ltd

Delhi High Court - Orders · 62463416

Gujarat Cooperative Milk Marketing Federation Limited (Amul) filed a petition seeking the cancellation of the trademark 'AMUL BINDASS' registered in Class 25. The court accepted the arguments that Amul is the owner of the well-known mark 'AMUL' and has associated device marks, initiating formal proceedings. Notice was issued to Jg Hosiery Pvt Ltd, setting the stage for a detailed legal contest over trademark rights.
trademark plaintiff favorable · May 28, 2024

Cipla Limited v.Bioxen Health Care & Anr.

Delhi High Court - Orders · 48378247

The Delhi High Court granted an ex parte ad interim injunction in favor of Cipla Limited against Bioxen Health Care & Anr. regarding the use of deceptively similar trademarks for respiratory medicinal products. The court found that Cipla had established a prima facie case based on its registered marks ('BUDECORT' and 'RESPULES') and extensive market presence. Consequently, the defendants were immediately restrained from manufacturing or selling goods under names like 'BUDECOT RESPULES,' while also being required to disclose their sales figures and current stock.
trademark plaintiff favorable · May 28, 2024

M/S Avon Cycles Limited v.M/S Avon Automotive & Ors.

Delhi High Court - Orders · 71909563

The Delhi High Court granted an ex-parte ad interim injunction in favor of M/S Avon Cycles Limited against M/S Avon Automotive & Ors. The court found that the plaintiff had made out a prima facie case for trademark infringement concerning the 'AVON' mark across various vehicle and cycle components. This immediate relief restrains the defendants from manufacturing, selling, or dealing with goods under identical or deceptively similar marks until further proceedings are concluded.
trademark mixed · May 28, 2024

The Food Masters v.V G And Group & Ors.

Delhi High Court - Orders · 151173195

In a trademark dispute concerning the mark 'THE FOOD MASTER', the Delhi High Court suspended an existing ex parte injunction. The suspension was granted to allow the court to comprehensively assess conflicting claims regarding prior use and senior adoption by both parties. The court directed both sides to place crucial documents, including evidence of user status from 2013 and details of a related suit filed in Faridabad, on record before proceeding.
trademark The Delhi High Court granted an ex parte ad interim injunction restraining Syndicate Pharma and another from manufacturing, selling, or advertising products under the mark 'ONMIGEL'. · May 28, 2024

cipla health limited v.syndicate pharma anr

Delhi High Court - Orders · 136342022

Cipla Health Limited (formerly Cipla Limited) sued Syndicate Pharma and another for infringement of its trademark 'OMNIGEL' and trade dress, alleging the defendants were using a nearly identical mark 'ONMIGEL' on pain relief ointments. The plaintiff claimed extensive prior use since 2000 and significant sales revenue (INR 231 crores in FY 2023-24), arguing the defendant’s actions constituted passing off, dilution, copyright infringement, and misrepresentation.
trademark plaintiff favorable · May 28, 2024

Dominos Ip Holder Llc & Anr. v.M/S Domind Pizza & Ors.

Delhi High Court - Orders · 162513333

The Delhi High Court granted an ex-parte interim injunction in favor of Domino's IP Holder LLC against several competing pizza businesses. The court found that the defendants were using deceptively similar trademarks, such as 'DOMIN'D PIZZA,' which was causing confusion and damaging the reputation of the established 'DOMINO'S PIZZA' brand. Furthermore, the court ordered food delivery platforms like Zomato and Swiggy to immediately de-list the infringing listings.
trademark mixed · May 27, 2024

Tanvi Fitness Private Limited v.M/S R.M. Foods & Ors.

Delhi High Court - Orders · 26350937

Tanvi Fitness Private Limited filed a suit alleging that M/S R.M. Foods & Ors. adopted a deceptively similar trade dress for their products in the fitness and peanut butter industry. The Delhi High Court, while allowing the main suit to proceed, addressed several interlocutory applications regarding documentation and mediation. Crucially, the court noted the dispute over whether the Defendants' alleged infringing trade dress has been discontinued or if the current suit also covers a newer design adopted by the Respondents.
trademark mixed · May 27, 2024

Rupa Gujral & Ors. v.Raghav Jaggi

Delhi High Court - Orders · 104207798

Rupa Gujral and others filed a rectification petition under Section 57 of the Trademarks Act, 1999, seeking removal of an impugned trademark (No. 3777931) related to 'Original Dal Makhani & Butter Chicken'. The Delhi High Court issued notice to the respondent, Raghav Jaggi, requiring him to file a reply within six weeks. The matter has been scheduled for further hearing on July 25, 2024.
trademark defendant favorable · May 27, 2024

Shivkumar Shankarrao Thakur & Ors. v.Shiv Biri Manufacturing Co P Ltd & Anr.

Delhi High Court · 180166960

The Delhi High Court dismissed an appeal filed by Shivkumar Shankarrao Thakur & Ors. against a trademark registration granted to Shiv Biri Manufacturing Co P Ltd. The court found that the impugned trademark was not deceptively similar to the appellants' existing trademarks, thereby negating the core grounds of opposition and prior use claims. This ruling reinforces the principle that similarity between marks is paramount in determining infringement or opposition success.
trademark plaintiff favorable · May 24, 2024

Jaipuria Edutech Foundation & Anr. v.Shyamlalbabu Educational Trust

Delhi High Court - Orders · 12872553

The Delhi High Court granted an ex parte ad interim injunction in favor of Jaipuria Edutech Foundation against Shyamlalbabu Educational Trust. The court found that the defendant continued to use deceptively similar trademarks despite a terminated franchise agreement and cease-and-desist notices. This preliminary order restrains the defendant from using 'Jaipuria International Schools' and 'Seth M.R. Jaipuria School' marks, though the injunction will not take effect until July 15, 2024, allowing time for compliance.
trademark settled · May 24, 2024

Red Bull Ag v.Rahul Ranjan Partner Of M/S Wings Energy & Ors.

Delhi High Court - Orders · 102890310

The Delhi High Court finalized a trademark infringement suit between Red Bull Ag and Rahul Ranjan Partner of M/S Wings Energy after the parties reached a comprehensive settlement. The court decreed the suit in favor of Red Bull, granting permanent injunctions against Defendants No. 1 & 2 to prevent them from using confusingly similar marks like 'WINGS' or 'ENERGY'. This resolution allows both parties to conclude the litigation amicably.
trademark plaintiff favorable · May 24, 2024

Asian Paints Limited v.Ajeet Kumar And Others

Delhi High Court - Orders · 63836119

The Delhi High Court allowed Asian Paints Limited's application to implead numerous additional parties—including domain name registrars, banks, and telecom service providers—in its trademark infringement suit. The court found a prima facie case for the plaintiff, noting that fraudsters were using various digital channels (websites, phone numbers, bank accounts) to perpetuate the misuse of the 'ASIAN PAINTS' mark. Consequently, the existing injunction was expanded, and specific directions were issued compelling these third-party defendants to block infringing websites, freeze associated bank accounts, and suspend mobile numbers.
trademark mixed · May 22, 2024

Mr Lakshit Goyal Proprietor Of Rama Domestic Appliances v.Sunita Gupta Trading As Mva Gas And Home Appliances

Delhi High Court - Orders · 199962713

The Delhi High Court initiated trademark infringement proceedings between Mr Lakshit Goyal's Rama Domestic Appliances and Sunita Gupta Trading As Mva Gas And Home Appliances. The court allowed the plaintiff's application seeking a permanent injunction against the defendant for using deceptively similar marks ('HPC APPLIANCES'). While several procedural applications were disposed of, the core suit was registered, and notice was issued to the defendant, setting the stage for detailed arguments on trademark similarity and infringement.
trademark defendant favorable · May 21, 2024

Vijay Abrol v.Yogesh Kumar Rustogi

Delhi High Court - Orders · 89278972

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 defendant favorable · May 21, 2024

Casablanca Apparels Pvt Ltd v.Polo Lauren Company Lp & Anr. & Anr.

Delhi High Court - Orders · 164729981

The Delhi High Court dismissed a rectification petition filed by Casablanca Apparels against Polo Lauren's trademark 'POLO'. The court held that since an application challenging the mark's validity (under Section 124) was already pending before the Trial Court, the current rectification petition was not maintainable at this stage. This ruling emphasizes the procedural hierarchy between concurrent proceedings in civil suits and intellectual property rectification actions.
trademark plaintiff favorable · May 21, 2024

Tirupati Structurals Limited v.Jai Prakash Singhal

Delhi High Court · 113927045

The Delhi High Court granted an interim injunction in favor of Tirupati Structurals Limited against Jai Prakash Singhal, finding that the defendant's use of 'MM TIRUPATI' was deceptively similar to the plaintiff's established mark 'TSL-TIRUPATI'. The court held that despite minor differences in prefixes, the identical and prominent shared element 'TIRUPATI', coupled with the similarity in goods (pipes and fittings), created a high likelihood of consumer confusion. This ruling reinforces the protection afforded by common law passing off principles against calculated attempts to capitalize on established goodwill.
trademark plaintiff favorable · May 20, 2024

Kaira District Cooperative Milk Producers Union Ltd v.Hub.Nrw-Euindia Invest Gmbh & Ors

Delhi High Court - Orders · 161120081

The Delhi High Court ruled in favor of Kaira District Cooperative Milk Producers Union Ltd (AMUL), granting a decree against multiple defendants for trademark infringement related to the 'AMUL TRU seltzer' brand. The court issued sweeping orders requiring domain registrars and the Department of Telecommunications to block access to various infringing websites globally. Furthermore, it restrained certain parties from exporting AMUL products that were not intended for the EU market, reinforcing robust protection against digital counterfeiting and unauthorized trade.
trademark plaintiff favorable · May 20, 2024

Macleods Pharmaceuticals Limited v.Ridley Life Science Pvt. Ltd.

Delhi High Court - Orders · 93116832

The Delhi High Court dismissed the defendant's attempt to reopen evidence regarding costs and damages in a trademark infringement suit. The court noted the defendant's history of 'abysmal conduct,' including being a 'habitual offender/rank infringer' who repeatedly infringes third-party products. Given that the defendant had ample opportunity to present their case previously, the court found the late application was not bona fide and aimed only at delay.
trademark plaintiff favorable · May 20, 2024

Tata Power Solar Systems Limited & Anr. v.Www.Tatapowersolardealership.Co.In & Ors.

Delhi High Court - Orders · 161524615

The Delhi High Court granted a permanent injunction in favor of Tata Power Solar Systems Limited, finding that several defendants were infringing on its registered trademarks ('TATA' and 'TATA POWER SOLAR'). The court recognized the immense goodwill and reputation associated with the brand. Furthermore, the judgment included significant ancillary relief, directing the suspension of specific domain names and mandating the freezing and transfer of funds from bank accounts linked to the infringement activities into a designated RBI fund.
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