Trademark Cases

3,667 decisions across India

India 3,667

Page 46 of 123

trademark mixed · Oct 4, 2023

Kent Cables Private Limited & Ors. v.Union Of India Through Its Secretary Department For Promotion Of Industry And Internal Trade & Ors.

Delhi High Court - Orders · W.P.(C)-IPD 30/2023 and CM 80/2023, 125/2023

Kent Cables Private Limited challenged the inclusion of the trade mark 'KENT' in the list of well-known trademarks, which was advertised by the Registrar of Trade Marks. The Delhi High Court acknowledged that the matter involves complex procedural and substantive issues regarding the declaration of a well-known mark. After reviewing previous directions and legal precedents, the court issued notice to the respondents while keeping open questions of maintainability and jurisdiction, setting the stage for further detailed arguments.
trademark dismissed · Oct 4, 2023

Sivaji Hi-Tek Foods Private Limited v.V.K.R.Venkatesan

Madras High Court · (T)OP(TM)/318/2023 (ORA/36/2019/TM/CHN)

The Madras High Court dismissed the Original Petition filed by Sivaji Hi-Tek Foods Private Limited seeking rectification and cancellation of a trade mark entry. The court noted that despite attempts to serve notice, the petitioner's address was insufficient, and their counsel confirmed they had no instructions to prosecute the matter. Consequently, the petition was dismissed for non-prosecution.
trademark settled · Oct 3, 2023

Unilever Global Ip Limited v.Rajender Prasad Bandaru

Bombay High Court · 7-COMIP(L) 22654.2023

The suit concerning alleged trademark infringement was settled between Unilever Global IP Ltd. and Rajender Prasad Bandaru. The parties executed Consent Terms, leading to the disposal and decreeing of the suit in favor of the Plaintiffs.
trademark settled · Oct 3, 2023

Unilever Global Ip Limited v.Rajender Prasad Bandaru

Bombay High Court · 7-COMIP(L) 22654.2023

Unilever Global IP Limited filed a Commercial IP suit against Rajender Prasad Bandaru regarding the use of the impugned mark COMFORT. The parties subsequently arrived at a comprehensive settlement, which was accepted by the court.
trademark settled · Oct 3, 2023

Unilever Global Ip Limited v.Rajender Prasad Bandaru

Bombay High Court · 7-COMIP(L) 22654.2023

The suit was filed by Unilever Global IP Ltd. against Rajender Prasad Bandaru regarding infringement related to the impugned mark COMFORT. The parties subsequently reached a settlement, which was accepted and taken on record by the court.
trademark plaintiff favorable · Oct 3, 2023

M/S. Kaleesuwari Refinery Private Ltd. v.Sri Vinayaka Agro Industries

Madras High Court · C.S. (COMM. DIV.) No.130 of 2022

The Madras High Court ruled in favor of M/S. Kaleesuwari Refinery Private Ltd., granting a permanent injunction against Sri Vinayaka Agro Industries for infringing the registered trade mark 'DHEEPAM' and engaging in passing-off. The court found that the defendant's use of 'V RICH DEEPAM OIL' and its deceptively similar packaging material constituted infringement, despite the defendant failing to appear in court. This judgment reinforces the protection afforded to well-known trademarks against confusingly similar marks.
trademark mixed · Oct 3, 2023

Devanand Nagpal Prop. Nagpal Foods And Caterers v.Controller General of Patents Designs and Trade Marks & Ors.

Delhi High Court - Orders · W.P.(C)-IPD 37/2023

The Delhi High Court addressed a writ petition filed by Devanand Nagpal seeking the issuance of his Trade Mark registration certificate for 'NAGPAL'S SPECIAL CHOLE BHATURE'. Although the opposition against his mark was dismissed in July 2023, the certificate had not been issued. The Court ordered the immediate issuance of the certificate within 10 working days, but crucially stipulated that this registration would remain subject to the final outcome of a parallel appeal filed by the opposing party. This decision balances administrative delay with ongoing legal disputes.
trademark defendant favorable · Sep 29, 2023

Avtar Singh And Mr.Harkirat Singh Trading as M/s.Aero Club v.Chiranjeelal Bihani and The Registrar of Trade Marks, Chennai

Madras High Court · (T)OP(TM)/SR.494/2023 & (T)(TM)A/1/2023

The Madras High Court dismissed a Trade Marks Original Petition filed by Avtar Singh and Mr. Harkirat Singh against Chiranjeelal Bihani. The core issue was the validity of Trade Mark No. 963781, which had expired on October 16, 2010, due to non-renewal. Since the statutory period for renewal had long passed, the court found the petition to be infructuous and dismissed it without further order.
trademark defendant favorable · Sep 29, 2023

MGM Healthcare Private Limited v.Varamm Healthcare Private Limited

Madras High Court · O.S.A. (CAD) Nos.120 and 121 of 2023

The Madras High Court dismissed appeals filed by MGM Healthcare, the registered trademark owner of 'VARAM', against an interlocutory injunction order. The court upheld the Single Judge's decision, finding that the respondent, Varamm Healthcare, had presented prima facie evidence suggesting prior and continuous usage of its mark 'VARAMM'. While noting the burden of proof lies with the prior user, the appellate bench was reluctant to interfere with the lower court's discretionary findings on initial evidence, allowing the main suit to proceed based on full evidence.
trademark dismissed · Sep 29, 2023

Meenambigai Products v.The Registrar of Trade Marks

Madras High Court · (T)OP(TM)/18/2023 (ORA/45/2011/TM/CHN)

The Madras High Court dismissed the Original Petition filed by Meenambigai Products against The Registrar of Trade Marks. The petition sought rectification of a trade mark registration entry (No. 1524417 in Class 30). However, due to the petitioner's failure to appear and prosecute the matter despite receiving proper court notice, the High Court dismissed the case without making any substantive order regarding costs.
trademark defendant favorable · Sep 29, 2023

Rigo Trading S.A.Societe Anonyme v.Unigum Gida Maddeleri Sanayi Ticaret Anonim Sirketi; The Deputy Registrar of Trade Marks, Trade Mark Registry Chennai

Madras High Court · (T)OP(TM)/499/2023 (ORA/SR.73/2017/TM/CHN)

The Madras High Court dismissed a petition filed by Rigo Trading S.A.Societe Anonyme seeking to expunge the device mark 'BLOX' (Registration No. 1706420) from the register. The court noted that the trade mark's last registration was valid only until July 3, 2018. Since the statutory long stop date for renewal had expired, the petition was deemed infructuous and dismissed without further order.
trademark defendant favorable · Sep 29, 2023

M/s.Mysore Silk Udyog v.M/s.Mysore Saree Udyog LLP

Madras High Court · (T)OP(TM)/204 and 205/2023 (ORA/23, 24/2016/TM/CHN)

The Madras High Court dismissed two Original Petitions filed by M/s. Mysore Silk Udyog seeking to expunge or limit the scope of registered trade marks belonging to M/s. Mysore Saree Udyog LLP. The dismissal was not based on the merits of the trademark dispute, but rather because the petitioner failed to appear and could not be served notice at the address provided in the petition. This highlights the critical importance for IP litigants to maintain accurate contact information throughout legal proceedings.
trademark plaintiff favorable · Sep 27, 2023

Ht Media Limited & Anr. v.Hindustan News Network & Ors.

Delhi High Court - Orders · CS(COMM) 681/2023

The Delhi High Court granted an ex-parte ad-interim injunction in favor of Ht Media Limited against Hindustan News Network. The court found that the defendant was attempting to pass off its news channel and name as being connected with the long-established 'HINDUSTAN' mark owned by the plaintiff. Consequently, the defendants were restrained from using the infringing mark and logo, and orders were issued compelling domain registrars (GoDaddy) and tech platforms (Google/Meta) to suspend the infringing website and take down related content.
trademark mixed · Sep 27, 2023

Fitflop Limited v.Urban Shore Wholesale India Private Limited

Delhi High Court - Orders · CS(COMM) 682/2023 and I.A. 18982/2023

The Delhi High Court issued interim directions in a trademark infringement suit filed by Fitflop Limited against Urban Shore Wholesale India Private Limited. While directing the Defendant to immediately cease all use of the 'FITFLOP' mark, the court allowed the continued existence of current stock. A Local Commissioner was appointed to inspect and segregate the existing inventory at the Goa warehouse to determine which products are genuine and which may be unauthorized, paving the way for future valuation and dispute resolution.
trademark dismissed · Sep 27, 2023

Medybiz Pharma Pvt. Ltd. v.The Registrar of Trademarks

Madras High Court · (T)CMA(TM).No.56 of 2023

Medybiz Pharma Pvt. Ltd. filed a Civil Miscellaneous Appeal challenging the refusal of their trademark application by The Registrar of Trademarks. However, before the High Court could rule on the merits of the appeal, the appellant chose to withdraw the case. Consequently, the Madras High Court dismissed (T)CMA(TM).No.56 of 2023 as withdrawn without passing any order regarding costs.
trademark plaintiff favorable · Sep 26, 2023

Levi Strauss & Company v.Rajendra Singh

Delhi District Court · CS COMM 35/2020

The plaintiff, Levi Strauss & Company, filed a suit alleging infringement of its trademark 'Levi's', copyright, and passing off against the defendants who were manufacturing and selling counterfeit apparel. The court found that defendant no.1 was engaged in the business of selling and manufacturing counterfeit products, leading to a decree for damages.
trademark mixed · Sep 26, 2023

Mex Switchgears Pvt Ltd v.Twinkle Luminaires Pvt Ltd And Anr

Delhi High Court - Orders · C.A.(COMM.IPD-TM) 140/2021 and C.A.(COMM.IPD-TM) 92/2022

The Delhi High Court issued orders in two connected trademark appeal matters, C.A.(COMM.IPD-TM) 140/2021 and C.A.(COMM.IPD-TM) 92/2022. In both cases, the court addressed procedural issues regarding service of documents, specifically the counterstatement filed by the respondents. The appellant argued that they were never properly served with these crucial documents. Consequently, the Court granted time for both parties to place their respective evidence on record and scheduled further hearings in January 2024.
trademark plaintiff favorable · Sep 25, 2023

Heraeus Electro-Nite International N.V. v.The Registrar of Trade Marks

Madras High Court · (T)CMA(TM)/158/2023

Heraeus Electro-Nite International N.V. successfully appealed a rejection by the Registrar of Trade Marks regarding its word mark 'QuiK-Tap' for temperature measuring devices. The Madras High Court overturned the refusal, finding that the original order and grounds of decision were unsustainable and lacked proper reasoning. The court accepted the evidence of use provided by the appellant, allowing the trademark application to proceed to advertisement.
trademark settled · Sep 25, 2023

Theobroma Foods Private Limited v.Karan Narula And Ors (Theos Food Pvt. Ltd.)

Delhi High Court · C.O. (COMM.IPD-TM) 468/2022

The Delhi High Court finalized a complex trademark dispute between Theobroma Foods and Theos Food Pvt. Ltd., leading to a comprehensive decree based on an amicable settlement. The judgment clarified the usage rights for both 'THEOBROMA' and 'THEOS' in the confectionery market. Key terms include mutual non-opposition, allowing Theobroma nationwide expansion while restricting Theos to the Delhi-NCR region for its mark use.
trademark mixed · Sep 25, 2023

Pranay Satyendrakumar Goyal v.Muza Hospitality Private Limied

Bombay High Court · 17-ial-18533-2023

The Bombay High Court addressed an interim application concerning alleged trademark infringement. The Plaintiff accused the Defendants of breaching a prior undertaking by continuing to use the impugned mark 'DIVE' on their website and selling services under the similar name 'DEEPDOWN DIVE'. While the court did not rule on the merits, it granted the Plaintiff leave to file an Affidavit in Rejoinder and simultaneously granted the Defendants liberty to file an Affidavit in Sur Rejoinder. The matter is scheduled for further consideration.
trademark dismissed · Sep 25, 2023

Kurlon Limited v.M/S.Peps Industries Private Limited

Madras High Court · (T)OP(TM)/309/2023

The Madras High Court dismissed the Original Petition (Trade Marks) filed by Kurlon Limited against M/S.Peps Industries Private Limited. The petition sought to rectify the trademark register by removing the mark 'NO TURN' held by the respondent. This dismissal was not based on merits but followed a settlement agreement reached between the parties, requiring the petitioner to withdraw the rectification request.
trademark plaintiff favorable · Sep 25, 2023

H-D U. S. A., Llc v.Vijaypal Dhayal Owner/ Proprietor Of Red Rose Industries

Delhi High Court · CS(COMM) 609/2023, I.A. 16673/2023 & I.A. 16676/2023

The Delhi High Court granted an interim injunction in favor of H-D U. S. A., LLC against Vijaypal Dhayal Owner/ Proprietor Of Red Rose Industries. The court found a prima facie case of trademark infringement and passing off because the defendant's mark replicated the plaintiff's registered 'Eagle Logo/ Device mark.' Furthermore, the court dismissed the defendant's preliminary objection regarding the authority to file the suit, confirming that the Power of Attorney granted omnibus powers covering all intellectual property rights. The injunction mandates that the defendant cease dealing in infringing goods pending the final disposal of the suit.
trademark mixed · Sep 25, 2023

Major League Baseball Properties Inv. v.Registrar Of Trade Marks, Trade Marks Registry, Delhi

Delhi High Court - Orders · C.A.(COMM.IPD-TM) 152/2022

Major League Baseball Properties Inc. appealed the Registrar's decision that their opposition against the 'BLUE-JAY' trademark application was abandoned due to procedural delays in filing evidence. While the initial rejection was based purely on technical grounds, the Delhi High Court allowed MLBP to pursue its substantive claims. The court disposed of the appeal but permitted MLBP to file a cancellation petition, ensuring the merits of their opposition would be considered.
trademark dismissed · Sep 22, 2023

Ganesh Grains Limited v.K.R.Nagendra And K.N.Shoba; The Registrar of Trade Marks

Madras High Court · (T)OP(TM)/389, 390/2023

Ganesh Grains Limited filed two Original Petitions before the Madras High Court seeking the cancellation and expungement of specific registered trade marks (No. 460314 and No. 2000889). The petitions aimed to challenge the validity or registration of these marks. However, the petitioner subsequently instructed her counsel to withdraw both Original Petitions. Consequently, the High Court dismissed the proceedings as withdrawn without making any order regarding costs.
trademark plaintiff favorable · Sep 21, 2023

The Delhi Public School Society v.Aviral Education Welfare And Cultural Society

Delhi High Court · FAO(OS) (COMM) 69/2023, CM APPL. 18633/2023; LPA 213/2023

This case revolves around a dispute between The Delhi Public School Society (DPSS) and Aviral Education Welfare And Cultural Society (AEWCS) concerning the termination of a Joint Venture Agreement. DPSS had permitted AEWCS to use the 'Delhi Public School' name and logo for its school, but this usage was explicitly limited by the agreement. Upon termination of the JVA, DPSS sought an injunction against AEWCS for continued use of the brand identity. The High Court upheld the lower court's finding that once the agreement ended, AEWCS lost all rights to use the IP, thus constituting infringement and passing off.
trademark dismissed · Sep 20, 2023

M/s.Murugan Idli Shop v.M/s.Sri Murugan Idli Shop

Madras High Court · C.S.No. 952 of 2009

M/s.Murugan Idli Shop filed a civil suit against M/s.Sri Murugan Idli Shop, seeking perpetual injunctions against the use of deceptively similar marks like 'SRI MURUGAN IDLI SHOP.' The plaintiff claimed infringement of their registered trademark and copyright related to their business name and branding. However, during the proceedings, the plaintiff's counsel informed the court that the defendant was not operating under the impugned name, leading the plaintiff to withdraw the suit.
trademark plaintiff favorable · Sep 20, 2023

FC Madras Trust v.The Registrar of Trade Marks

Madras High Court · (T)CMA(TM)/92/2023

The Madras High Court allowed an appeal filed by FC Madras Trust against the Registrar of Trade Marks' refusal to register the trademark 'FC MADRAS'. The initial objection was based on Section 9(1)(a) of the Trade Marks Act, claiming the mark was a common geographical name and lacked distinctive character. The court ruled that when viewed as a whole, the mark is not descriptive of the goods (printed publications), especially given its prior successful registration in other classes. Consequently, the refusal order was set aside, allowing the application to proceed for advertisement.
trademark plaintiff favorable · Sep 20, 2023

Nutri Feeds And Farms Private Limited v.The Registrar Of Trade Marks

Madras High Court · CMA (TM) No.5 of 2023

The Madras High Court allowed an appeal filed by Nutri Feeds And Farms Private Limited against the Registrar of Trade Marks' refusal to register their device mark. The court found that when viewed as a whole—including the rooster image, stylized font, and corporate name—the mark was distinctive and did not fall under absolute grounds for refusal. Crucially, the prior registration of an identical mark in a related class bolstered the appellant's case, leading the court to set aside the objection and allow the application to proceed to registration.
trademark mixed · Sep 20, 2023

Rana Steels v.Ran India Steels Pvt. Ltd.

Delhi High Court · CS(OS) No. 1459/2007 (I.A. Nos. 11230/2007, 13618/2008 & 13619/2008)

The Delhi High Court addressed multiple applications filed by Rana Steels concerning the alleged infringement of its registered trademark RANA. The core dispute revolved around the defendant's continued use of similar marks (RANATOR/RAN INDIA) in relation to steel products, despite existing injunction orders. Recognizing the need for factual verification regarding ongoing usage and the disposal of old stock, the Court appointed a Local Commissioner to inspect the premises and examine account books.
trademark dismissed · Sep 19, 2023

Titan Company Ltd. v.Titan Plast Pvt. Ltd.

Madras High Court · (T)CMA(TM)/188/2023

The Madras High Court dismissed an appeal filed by Titan Company Ltd. against Titan Plast Pvt. Ltd. The court noted that the trade mark in question, No. 925369 (Class 20), had not been renewed since May 17, 2010. Since the long stop date for renewal had expired, the appeal was deemed infructuous and dismissed without further order.
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