Trademark Cases

3,667 decisions across India

India 3,667

Page 48 of 123

trademark plaintiff favorable · Sep 1, 2023

Cresset Capital Management Llc & Anr. v.Registrant Of Www.Cressetcapital.In & Ors.

Delhi High Court - Orders · CS(COMM) 610/2023

The Delhi High Court granted interim relief in a trademark infringement suit filed by Cresset Capital Management LLC against domain name registrants. The court recognized the global goodwill associated with the 'Cresset' mark, despite its lack of Indian registration, finding that several registered domains were being used to commit fraud and misrepresent the Plaintiffs' business. Consequently, the Court directed Domain Name Registrars (DNRs) and Internet Service Providers (ISPs) to immediately lock and suspend the infringing websites, while also directing law enforcement to commence action against the perpetrators.
trademark plaintiff favorable · Sep 1, 2023

N.C.Nanu v.The Registrar of Trade Marks

Madras High Court · W.P.No.27430 of 2018

The Madras High Court allowed a writ petition filed by N.C.Nanu, whose trademark application for 'PAYYOLI MIXTURE' was deemed abandoned by the Registrar of Trade Marks. The court held that the petitioner had complied with Section 21(2) of the Trademarks Act, 1999, as the initial counter statement was filed within the stipulated two-month period from receiving the notice of opposition. The High Court quashed the abandonment order and directed the Registry to consider the application on its merits.
trademark dismissed · Sep 1, 2023

Sharp Kabushiki Kaisha (Sharp Corporation) v.Sharp Tools; The Deputy Registrar of Trade Marks

Madras High Court · (T)CMA(TM)/27/2023

The Madras High Court dismissed an appeal filed by Sharp Kabushiki Kaisha against a trademark registration order. The core issue was whether to set aside the Deputy Registrar's decision that rejected Sharp's opposition to the mark 'SHARP.' However, the court found the appeal moot because the challenged trademark (No. 1185252) had lapsed and not been renewed since March 2013. Consequently, the legal challenge became infructuous.
trademark plaintiff favorable · Sep 1, 2023

Dr. Reddys Laboratories Limited v.Fast Cure Pharma And Anr.

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 8/2023

The Delhi High Court allowed a petition seeking the rectification of a trademark registration, declaring the mark 'RAZOFAST' illegal. The court found that 'RAZOFAST' was deceptively similar to the petitioner's prior registered mark 'RAZO', which is used for the pharmaceutical compound Rabeprazole. Consequently, the registration of 'RAZOFAST' was cancelled and removed from the register.
trademark plaintiff favorable · Aug 31, 2023

Spalon India Pvt. Ltd. v.Roopa Lakshmi Bhat; The Registrar of Trademarks

Madras High Court · (T)OP(TM).No.295 of 2023

The Madras High Court allowed Spalon India Pvt. Ltd.'s application for rectification against Trademark No. 2280919. The court noted that the last registration of the mark had expired on February 10, 2022, making its continued presence in the Register invalid. Consequently, the Registrar of Trademarks was directed to remove the entry from Classes 3, 41, and 44 within four weeks.
trademark dismissed · Aug 31, 2023

Vidyothsahi Educational and Charitable Trust v.Samina Mahmood

Madras High Court · (T)OP(TM).Nos.489 to 492 of 2023

The Madras High Court dismissed four original petitions filed by Vidyothsahi Educational and Charitable Trust seeking the revocation of several 'Headstart' trademark applications. The dismissal was based on a prior decree from Bengaluru, which included a memorandum of compromise. Under this agreement, the petitioner had undertaken not to infringe upon or pass off educational services using the plaintiffs' registered trademarks. Given this binding commitment, the court found that the petitioner could no longer prosecute the revocation petitions.
trademark plaintiff favorable · Aug 30, 2023

World Animal Protection v.The Examiner of Trade Marks

Madras High Court · (T)CMA(TM)/151/2023 (OA/30/2019/TM/CH)

The Madras High Court overturned the Trademark Examiner's rejection of World Animal Protection's device mark application. Although the court acknowledged that the individual words are descriptive, it ruled that when considered as a composite device mark, the registration was sufficiently distinctive to warrant protection. The appeal was allowed, allowing the trademark application to proceed to advertisement, provided the appellant does not claim exclusive rights over the constituent words.
trademark plaintiff favorable · Aug 30, 2023

Frenway Products Inc. v.The Assistant Registrar of Trademarks

Madras High Court · (T)CMA(TM)/150/2023 (OA/29/2019/TM/CH)

The Madras High Court overturned a refusal of trademark registration granted by the Assistant Registrar. Frenway Products Inc., seeking to register a device mark for handtools, challenged the objections raised under Sections 9 (lack of distinctiveness) and 11 (likelihood of confusion). The court found the Section 9 objection untenable, noting the mark was not generic or descriptive. Furthermore, it noted that the cited conflicting mark had lapsed, allowing the application to proceed to advertisement.
trademark plaintiff favorable · Aug 30, 2023

Insta Rooms Private Limited v.The Senior Examiner of Trade Marks

Madras High Court · (T)CMA(TM)/160/2023 (OA/31/2020/TM/CH)

The Madras High Court overturned a rejection of Insta Rooms Private Limited's device mark application. The Examiner had objected that the mark was highly descriptive of temporary accommodation services. However, the court ruled that when considered as a whole—including the visual elements (bed and lamp) alongside the words 'Insta Rooms Book Instantly'—the mark possesses sufficient distinctiveness to overcome the Section 9 objections. The registration was allowed, though with a caveat limiting the appellant's exclusive rights over the individual words 'insta' or 'rooms'.
trademark defendant favorable · Aug 29, 2023

Shear Genius Academy & Services Pvt. Ltd. v.M/s.Team-Venture; The Registrar of Trade Marks

Madras High Court · (T)OP(TM).No.285 of 2023

The Madras High Court dismissed the Original Petition filed by Shear Genius Academy & Services Pvt. Ltd. seeking to remove or rectify the trade mark 'SHEAR MAGIC UNISEX SALON AND SPA' from the Register of Trade Marks. The dismissal was based solely on the petitioner's failure to appear and prosecute the matter despite multiple notices being served. This ruling highlights the strict procedural requirements in trademark litigation.
trademark plaintiff favorable · Aug 29, 2023

CCL Product (India) Ltd. v.The Registrar of Trade Marks

Madras High Court · CMA(TM)/3/2023

The Madras High Court set aside the Registrar's refusal to register CCL Product's device mark 'CONTINENTAL WITH TWO COFFEE BEANS AT THE TOP.' The court found that the initial rejection failed to adequately consider the appellant's prior registrations and use, particularly across both Class 30 (beverages) and Class 11 (appliances). While allowing registration to proceed, the Court imposed a limitation on its use in Class 11, restricting it specifically to beverage vending and dispensing machines.
trademark settled · Aug 29, 2023

Abhishek Jain (Trading As M/S Trip Planners) v.Trip Planners Holidays Private Limited

Delhi High Court · CS(COMM) 370/2023, I.A. 10773/2023 & I.A. 13598/2023

The dispute between Abhishek Jain (M/S Trip Planners) and Trip Planners Holidays Private Limited was amicably settled through mediation before the Delhi High Court. The settlement mandates that the defendant must cease all use of the trademark 'Trip Planners' and its derivations in perpetuity, including removing it from business names, websites, social media handles, and closing associated domains/email suffixes by December 31, 2023. Furthermore, the defendant agreed to withdraw a pending trademark application for the disputed mark.
trademark dismissed · Aug 28, 2023

Dhanvantari Nano Ayushadi Private Limited v.The Registrar of Trade Marks

Madras High Court · (T)CMA(TM).No.93 of 2023

Dhanvantari Nano Ayushadi Private Limited filed a Civil Miscellaneous Appeal seeking to set aside an order passed by the Registrar of Trade Marks concerning the registration of the mark “NANO CUR”. The appeal was dismissed for non-prosecution because the appellant could not be served notice due to having vacated the specified office address.
trademark plaintiff favorable · Aug 28, 2023

Triology Solutions Private Limited v.Flipkart Internet Private L Imited & Ors.

Delhi High Court · CS(COMM) 727/2024

The Delhi High Court granted an interim injunction in favor of Triology Solutions Private Limited against various online sellers (Defendants 12-23) for trademark infringement and passing off. The court recognized the distinctiveness of the 'Muuchstac' brand, which is used for cosmetic products, and restrained the defendants from using its registered device mark and trade dress/packaging. Furthermore, the court directed the major e-commerce platforms (Defendants 1-11) to ensure takedown actions are taken against counterfeit listings and mandated disclosure of sales revenue by the infringing sellers.
trademark plaintiff favorable · Aug 28, 2023

British Engines (UK) Limited v.The Assistant Registrar of Trade Marks

Madras High Court · TCM(TM)/142/2023

The Madras High Court allowed British Engines (UK) Limited's appeal against the Trade Marks Registry's refusal of its mark. The court found that the Registrar's decision was unsustainable because it failed to adequately address the appellant's arguments regarding the device nature and international use of the mark. Consequently, the application was permitted to proceed to advertisement, though with a crucial caveat: the appellant cannot claim exclusive rights over the individual words 'British' or 'Engines'.
trademark plaintiff favorable · Aug 25, 2023

Sri.Hitesh Chouhan, Proprietor M/s.Metro Marketing v.Sri.Ganapathlal, Proprietor M/s.Jaya Stationery

Madras High Court · 2023:MHC:3915 (T)OP(TM)/233/2023

The Madras High Court allowed the petition seeking the cancellation of the trademark 'LEO' registered by Sri.Ganapathlal. The court found that the respondent adopted a near-identical mark for identical goods (rubber bands), and this adoption was deemed dishonest and fraudulent, especially given prior undertakings to change the branding. Consequently, the registration certificate was cancelled, maintaining the purity of the trademark register.
trademark defendant favorable · Aug 25, 2023

M/s.United Spirits Limited v.The Registrar of Trade Marks

Madras High Court · (T)OP(TM).No.105 of 2023

The Madras High Court dismissed M/s. United Spirits Limited's petition seeking rectification of a trade mark registration. The court noted that the petitioner had assigned several marks to Grover Zampa Vineyards Limited, rendering them no longer an aggrieved party regarding the impugned mark. Consequently, the petition was dismissed, but the door remains open for the assignee to initiate proper rectification proceedings.
trademark remanded · Aug 24, 2023

Prakash Ferrous Industries Private Limited v.The Registrar of Trade Marks

Madras High Court · (T)CMA(TM).No.148 of 2023

The appellant filed a Civil Miscellaneous Appeal challenging the Registrar of Trade Marks' refusal to register the word mark 'TIRUMALA' (Application No. 2080181). The High Court set aside the impugned order primarily because it was cryptic and lacked sufficient reasons for its decision. However, since evidence of use was not placed before the authority, the matter was remanded back to the Registrar for a reasoned decision after the appellant provides proof of use.
trademark dismissed · Aug 23, 2023

Mankind Pharma Limited v.4 Square Pharmaceuticals Of ... and The Registrar of Trade Marks

Madras High Court · (T)OP(TM)/174/2023

The Madras High Court dismissed a petition filed by Mankind Pharma Limited seeking the removal of Trademark No. 1803072 (XYDI). The court noted that the last registration for this trademark had expired on April 6, 2019. Since the underlying issue—the status of the mark's validity—had changed, the petition was deemed infructuous. Mankind Pharma was granted leave to re-apply should the trademark be restored.
trademark dismissed · Aug 23, 2023

Perennial Health Care India Private Limited v.Manju Bai & Ramesh Kumar M.Jain; The Registrar of Trademarks

Madras High Court · (T)OP(TM)/21, 22/2023 (ORA/26, 27/2018/TM/CH)

The Madras High Court case involving Perennial Health Care India Private Limited and Manju Bai & Ramesh Kumar M.Jain was concluded when the petitioner chose to withdraw their original petitions. The petitions, which sought various remedies under the Trademarks Act, 1999, including removal of specific trademark entries in Class 5, were formally dismissed as withdrawn by the court on August 23, 2023.
trademark plaintiff favorable · Aug 23, 2023

Ramada International, Inc v.La-Ramada World Private Limited & Anr

Delhi High Court · CS (COMM) 470/2021

The Delhi High Court reinforced the existing ex parte ad-interim injunction in favor of Ramada International, Inc against La-Ramada World Private Limited. Finding that the defendants continued unauthorized use of the 'RAMADA' mark across various digital platforms and domains despite prior court orders, the court made the injunction absolute during the pendency of the suit. Furthermore, to ensure compliance, the Court appointed a Local Commissioner with extensive powers to seize evidence, including pamphlets and server data, and mandate the shutdown of infringing social media accounts.
trademark defendant favorable · Aug 22, 2023

Phonepe Private Limited v.Digipe Fintech Private Limited

Madras High Court · O.S.A.(CAD) Nos.70 to 73 of 2023

Phonepe Private Limited challenged Digipe Fintech Private Limited in the Madras High Court, seeking an interim injunction against the use of the mark 'DigiPe', alleging trademark infringement and passing off. Phonepe argued that its distinctive 'PhonePe' brand had immense goodwill and reputation in the digital payment sector. However, the court dismissed Phonepe's appeals, noting inconsistencies in the plaintiff's arguments across various legal proceedings, thereby upholding the lower court's decision.
trademark plaintiff favorable · Aug 22, 2023

M/s.VP Enterprises v.Assistant Registrar of Trade Marks

Madras High Court · 2023:MHC:3844 (T)CMA(TM)/91/2023

The Madras High Court allowed M/s.VP Enterprises' appeal, overturning the Senior Examiner's rejection of their trade mark registration application (3894824). The court found that despite objections citing conflicting marks under Section 11(1), the appellant's composite mark was distinctive and distinguishable from the cited marks. Furthermore, evidence of prior use and an existing registration for an identical device in relation to the same services supported the appeal. Consequently, the application was directed to proceed to advertisement.
trademark plaintiff favorable · Aug 22, 2023

United Biotech Private Limited v.Sun Pharma Laboratories Limited

Madras High Court · (T)OP(TM).No.291 of 2023

The Madras High Court allowed United Biotech Private Limited's petition seeking the removal of the trade mark 'ONCONASE' (No. 447044) registered in favour of Sun Pharma Laboratories Limited. The court found that the mark had not been used since its registration, thereby satisfying the grounds for cancellation under Section 47 of the Trade Marks Act, 1999. Consequently, the Registrar was directed to remove the entry from the Register within four weeks.
trademark dismissed · Aug 22, 2023

Dxn Holdings Bhd v.Daehsan Trading (India) Pvt. Ltd.; The Registrar of Trade Marks

Madras High Court · (T)OP(TM).Nos.194 & 195 of 2023

The Madras High Court dismissed two Original Petitions filed by Dxn Holdings Bhd seeking the removal of specific trademarks from the register. The court noted that the last registration date of the marks was in 2021, and crucially, the first respondent (Daehsan Trading) was found to be under liquidation. Given these developments, the petitions were deemed infructuous, though the petitioner was directed to take necessary steps for mark removal.
trademark plaintiff favorable · Aug 22, 2023

M/S Gm Modular Pvt Ltd v.Sh. Gopal Shinghal & Anr

Delhi High Court · C.O. (COMM.IPD-TM) 458/2022

The Delhi High Court allowed M/S Gm Modular Pvt Ltd's petition seeking the cancellation of the registered trademark 'GMT' held by Sh. Gopal Shinghal. The court found that 'GMT' is deceptively similar to the Petitioner's established mark 'GM', which has been in continuous use since 1999 for electrical goods. Given the prior adoption and substantial goodwill of 'GM', the registration of 'GMT' was deemed contrary to Sections 9 and 11 of the Trademarks Act, leading to its removal from the register.
trademark settled · Aug 22, 2023

Royal Challengers Sports Private Limited v.Sun Pictures A Division Of Sun Tv Network Ltd.

Delhi High Court · CS(COMM) 581/2023

The Delhi High Court settled a trademark infringement suit filed by Royal Challengers Sports Private Limited against Sun Pictures. The dispute centered on the use of the RCB team jersey in a derogatory manner within the film 'Jailer.' Through mutual agreement, the court decreed that the defendants must digitally alter all depictions of the RCB jersey and sponsor branding to ensure it is not identifiable before further release, effectively resolving the brand dilution concerns.
trademark dismissed · Aug 22, 2023

M/s.Navketan Enterprises v.Sandeep A. Jain and The Registrar of Trade Marks

Madras High Court · (T)OP(TM).No.163 of 2023

The Madras High Court dismissed the Original Petition filed by M/s. Navketan Enterprises seeking the removal of an impugned trade mark from the register. The court noted that the petitioner had been instructed to withdraw the petition, citing a deed of assignment dated July 3, 2019, which transferred ownership of the mark to them. Consequently, the proceedings were dismissed as withdrawn.
trademark plaintiff favorable · Aug 22, 2023

Sprng Marketing Consulting Llp v.Union Of India

Karnataka High Court · 2023:KHC:29965

The Karnataka High Court allowed Sprng Marketing Consulting Llp's petition, setting aside an earlier rejection of its trademark application 'Spring.' The court found that the petitioner was denied a fair opportunity to present further arguments after a technical glitch during a virtual hearing. Consequently, the matter has been remitted back to the Trademark Registry for fresh disposal, with a specific date set for the petitioner's appearance.
trademark defendant favorable · Aug 22, 2023

M/S.Rspl Health Private Limited v.Reckitt And Colman (Overseas) Hygiene Home Limited & Anr.

Delhi High Court · C.O. (COMM.IPD-TM) 93/2023 & C.O. (COMM.IPD-TM) 94/2023

The Delhi High Court dismissed the petitions filed by M/S.Rspl Health Private Limited, which sought to have the trademark 'HARPIC DRAINXPERT' removed from the register. The court found that despite the petitioner's earlier marks, there was no likelihood of confusion among the average consumer when comparing 'XPERT' and 'HARPIC DRAINXPERT'. Furthermore, the court rejected the petitioner's plea regarding bad faith under Section 11(10)(ii), stating that such a claim requires cogent evidence beyond mere similarity.
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