Trademark Cases

3,667 decisions across India

India 3,667

Page 60 of 123

trademark mixed · Jan 9, 2023

Jangeer Singh Trading As Jangeer Singh Kabulshah Agriculture Works v.Yogesh Jangid Trading As Jangid Agro Engineering & Anr.

Delhi High Court - Orders · CS(COMM) 598/2022

In this commercial suit, the Delhi High Court addressed procedural applications filed by both parties. The court allowed Defendant No. 1 to place legal proceeding certificates related to its registered trademarks on record, despite initial objections regarding relevance. Furthermore, upon agreement from the Plaintiff, the court permitted the deletion of Defendant No. 2 (IndiaMART Intermesh Ltd.) from the array of parties, allowing the litigation to proceed with a refined set of defendants.
trademark plaintiff favorable · Jan 9, 2023

Aurorax Private Limited v.Bharatx Accelerator & Ors.

Delhi High Court - Orders · CS(COMM) 4/2023

The Delhi High Court granted an interim injunction in favor of Aurorax Private Limited against Bharatx Accelerator & Ors. The plaintiff, a leading fintech start-up, sought protection for its registered trademark 'BHARATX' which it has used since 2019. The court found that the defendants were using similar marks and domain names, causing market confusion, and consequently restrained them from further use of the infringing trademarks until the final hearing.
trademark plaintiff favorable · Jan 7, 2023

New Horizon Educational & Cultural Trust v.New Horizon School

Bangalore District Court · KABC010151942016 (O.S._4810_2016)

The plaintiff, New Horizon Educational & Cultural Trust, claimed that it was the registered owner of the trademark 'NEW HORIZON' for educational services. The plaintiff alleged that the defendant, New Horizon School, was illegally using a similar name/logo, causing confusion and passing off. The court found in favor of the plaintiff.
trademark plaintiff favorable · Jan 6, 2023

M/S V-Guard Industries Ltd. v.M/S Livguard Energy Technologies Pvt Ltd

Delhi High Court · C.A.(COMM.IPD-TM) 80/2021

The Delhi High Court allowed an appeal filed by V-Guard Industries against an order that deemed its trademark opposition abandoned. The court held that the strict interpretation of 'leave with the Registrar' in the Trade Marks Rules should not lead to the evisceration of a citizen's valuable commercial right to oppose registration. Despite the evidence being received three days late, the High Court set aside the abandonment order and directed the Deputy Registrar to proceed with considering V-Guard's opposition.
trademark mixed · Jan 6, 2023

V-Guard Industries Ltd. v.The Registrar of Trademarks and Livguard Energy Technologies Pvt. Ltd.

Delhi High Court · C.A.(COMM.IPD-TM) 39/2022

The Delhi High Court issued an order in V-Guard Industries Ltd. vs The Registrar of Trademarks and Livguard Energy Technologies Pvt. Ltd., directing that the present appeal be listed along with another case for a final hearing on January 6, 2023. This interim order manages the procedural timeline of the ongoing trademark dispute between the parties.
trademark plaintiff favorable · Jan 5, 2023

Whirlpool Properties, Inc. v.The Registrar Of Trade Marks

Delhi High Court - Orders · C.A.(COMM.IPD-TM) 38/2022

The Delhi High Court allowed the appeal filed by Whirlpool Properties, Inc. against the Registrar of Trade Marks' refusal of its device mark application. The court found that the coined word 'AFFRESH' was inherently distinctive and not descriptive, thus overcoming objections under Section 9(1)(a). Furthermore, after reviewing cited marks, the court determined that the subject mark was prima facie dissimilar to existing registrations, allowing the registration process to continue.
trademark mixed · Jan 4, 2023

Adani Wilmar Limited v.Baljit Agro Tech Pvt. Ltd.

Delhi High Court - Orders · CS(COMM) 21/2020 & I.As. 583/2020, 5608/2020, 7662/2020, 7678/2020, 7679/2020

This Delhi High Court order addresses a complex legal issue concerning the enforceability of trademark rights after a party voluntarily waives actionable claims related to that brand. The court specifically examined an affidavit where the defendant, Baljit Agro Tech Pvt. Ltd., declared they forewent any enforceable right in their unregistered brand 'Shubh Labh Fortune' for GST exemption purposes. Given the implications on the Trade Marks Act, 1999, the Court directed the Department of Revenue to file its stand and submissions in the current proceedings.
trademark plaintiff favorable · Jan 4, 2023

Modi Naturals Limited v.The Registrar Of Trade Marks

Delhi High Court - Orders · C.A.(COMM.IPD-TM) 86/2021

The Delhi High Court allowed the appeal filed by Modi Naturals Limited against the Registrar of Trade Marks' refusal of their device mark, 'OLEEV ACTIVE'. The court found that the coined word 'OLEEV', combined with 'ACTIVE' and a slogan, was distinctive and not merely descriptive. Furthermore, it determined that the subject mark was not deceptively similar to any earlier marks cited in the examination report. Consequently, the High Court set aside the refusal order and directed the Trademark Registry to proceed with the registration process.
trademark defendant favorable · Jan 2, 2023

M/s Btv Kannada Private Limited v.M/s Eaglesight Media Private Limited

Karnataka High Court · M.F.A.NO.7382 OF 2022 (IPR), M.F.A.NO.7914 OF 2022 (IPR)

M/s Btv Kannada Private Limited appealed against an order passed by the XVIII Additional City Civil Judge, Bengaluru City, which allowed temporary injunctions sought by the plaintiff. The appeal challenged the misuse and misrepresentation of the plaintiff's logo, channel name, and assets by the defendants. The High Court dismissed the appeals but held that the impugned order was subject to the trial court's determination of jurisdiction.
trademark plaintiff favorable · Dec 23, 2022

Metis Eduventures Private Limited v.Career Power Coaching Centre Private Limited & Ors.

Delhi High Court - Orders · CS(COMM) 916/2022

The Delhi High Court granted an ad interim injunction in favor of Metis Eduventures Private Limited against Career Power Coaching Centre Private Limited & Ors. The court found a prima facie case based on the plaintiff's established goodwill and reputation associated with the 'CAREER POWER' trademark in the education sector. Consequently, the defendants were restrained from using the infringing marks across e-commerce websites and directed to remove specific content featuring the mark.
trademark mixed · Dec 23, 2022

Jivraj Tea Limited v.Dayalji Vanravan Kotecha

Gujarat High Court · C/AO/145/2019

The Gujarat High Court addressed an appeal challenging the rejection of an interim injunction in a trademark infringement suit concerning tea brands. The plaintiff, Jivraj Tea Limited, argued that its registered mark 'JIVRAJ-9' was being infringed upon by the defendant's use of 'DOUBLE HAATHI PREMIUM TEA NO.9'. However, given the introduction of additional pleadings and documents during the appeal process, the High Court found it necessary to remand the matter back to the trial court for a fresh hearing on the interim injunction application.
trademark mixed · Dec 23, 2022

Mr. Vivek Bhardwaj v.Mr. Gagan Bhardwaj

Delhi High Court - Orders · CS(COMM) 903/2022

In this commercial suit concerning trademark infringement and passing off in the pharmaceutical sector, the Delhi High Court issued a series of orders. The court granted an interim restraint on the defendant from manufacturing or selling similar products while allowing him to liquidate his existing stock within three months. Furthermore, the parties were mandated to undergo mediation, signaling that the dispute will proceed through structured negotiation before further litigation.
trademark plaintiff favorable · Dec 22, 2022

M/S Soktas Tekstil Sanayi Ve Ticaret As v.ACIT, International Taxation

Income Tax Appellate Tribunal - Delhi · ITA No.1712/Del/2022

The assessee, a Turkish non-resident entity specializing in textile production, received consideration for granting an exclusive and perpetual license to use its trademarks and brand names to its Indian subsidiary. The core dispute was whether this payment constituted royalty or capital gains under the India-Turkey Double Taxation Avoidance Agreement (DTAA).
trademark plaintiff favorable · Dec 22, 2022

Tci Foundation v.Registrar Of Trade Marks

Delhi High Court - Orders · C.A.(COMM.IPD-TM) 141/2021

The Delhi High Court allowed the appeal filed by TCI Foundation against the Registrar of Trade Marks' refusal of its label mark application. The court overturned the initial rejection, which was based on grounds including non-compliance with examination reports and similarity to prior marks in different classes. The judgment clarified that a composite mark can be registered and directed the Registry to process and advertise the subject mark.
trademark plaintiff favorable · Dec 21, 2022

M/S RPG Enterprises Limited v.RPG Developers Private Limited & Others

Delhi High Court · 2022/DHC/005847

The Delhi High Court ruled in favor of M/S RPG Enterprises Limited, granting a permanent injunction against RPG Developers Private Limited and others for trademark infringement and passing off. The court found that the defendants were deliberately using the 'RPG' mark to ride on the goodwill and reputation of the plaintiff's well-known trademarks. Furthermore, due to the dishonest conduct of the defendants in attempting to deceive the public, the court awarded damages and costs to the plaintiff.
trademark mixed · Dec 21, 2022

Shree Ganesh Rollings Mills (India) Ltd. v.Jindal Rollings Milla Ltd.

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 273/2022 and connected matters

In a significant procedural order, the Delhi High Court directed the Registrar of Trademarks to transfer two pending rectification applications filed by the respondents against the petitioner's trademarks. This move ensures that all related intellectual property proceedings are heard together in the High Court, aligning with established IP Division rules. The court set a timeline for the transmission and digitization of these records, paving the way for consolidated pleadings.
trademark defendant favorable · Dec 20, 2022

M/S Sana Herbals Pvt Ltd v.Mohsin Dehlvi

Delhi High Court · CS(COMM) 813/2016 (I.A. 16968/2022)

The Delhi High Court allowed the defendant's application to frame additional issues in a trademark infringement suit. The court recognized that despite previous procedural hurdles, the pleadings raised valid questions concerning the invalidity of the plaintiff's 'DEHLVI' trademarks and the legal standing of an alleged Assignment Deed. Crucially, the judgment noted that under the Tribunals Reforms Act, 2021, rectification petitions can now be clubbed with civil suits, eliminating the need for a stay on the main litigation.
trademark settled · Dec 19, 2022

SAP SE v.SAB INFOTECH SOLUTION PVT LTD & ANR

Delhi High Court - Orders · CS(COMM) 664/2021

The dispute between SAP SE and Sab Infotech Solution Pvt Ltd was resolved through a comprehensive settlement decree by the Delhi High Court. The core agreement mandates that while Sab Infotech can continue using the full trading name 'SAB INFOTECH,' they must not use the mark 'SAB' in isolation or deceptively similar to SAP's registered trademarks. Furthermore, Sab Infotech agreed to withdraw a specific trademark application related to their brand. This settlement allows both parties to move forward with defined usage parameters.
trademark plaintiff favorable · Dec 19, 2022

Aditya Infotech Limited v.Dipankar Mandal

Delhi High Court - Orders · CS(COMM) 884/2022

Aditya Infotech Limited successfully secured an interim injunction against Dipankar Mandal in a suit alleging trademark infringement and passing off. The court found that the defendant was falsely printing the plaintiff's registered 'CP Plus' logo on unbranded CCTV cameras, leading to potential consumer confusion. Given the market reputation of 'CP Plus' and the risk of irreparable harm, the court granted immediate relief to protect the brand's goodwill.
trademark mixed · Dec 19, 2022

Manoj Kumar Goyal, Sole Propreitor Of M/S Manoj Sweets v.The Controller-General of Patents, Designs and Trademarks Also Registrar of Trademark Registry & Anr.

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 794/2022

This Delhi High Court order addresses a dispute where the petitioner, Manoj Sweets, claims prior use and registration of the mark 'MANOJ SWEETS' in classes 30 and 43. The core issue is the subsequent registration of an identical mark, 'MANOJ BAKERS,' by another party (Respondent No. 2), which the petitioner alleges was done without proper citation of his existing rights. The court has initiated proceedings to examine this conflict, directing notice to all parties and setting timelines for filing detailed submissions.
trademark plaintiff favorable · Dec 16, 2022

Stanley Black And Decker, Inc. v.Stanley Switchgear Products

Delhi High Court - Orders · CS(COMM) 452/2021

The Delhi High Court rejected a defendant's attempt to have the plaintiff's trademark infringement suit dismissed on grounds of lack of territorial jurisdiction. The court affirmed that the plaintiff successfully demonstrated sufficient nexus to New Delhi, citing the defendant's sales across India, online transactions via websites like shoption.in and indiamart.com, and physical delivery within the city. This ruling reinforces the expansive interpretation of jurisdictional reach in modern commercial disputes involving digital commerce.
trademark plaintiff favorable · Dec 15, 2022

Artsana India Private Limited v.Vishanji Viijpar Savla

Delhi District Court · CS (COMM) 360/2019

The plaintiff, Artsana India Private Limited, a subsidiary of Artsana SPA (Italy), claimed ownership of the well-known trademark "CHICCO" used for child care goods. The plaintiff alleged that the defendant was fraudulently adopting and misusing this trademark to run his own business, causing dilution and loss. The court granted permanent injunction in favor of the plaintiff and awarded costs.
trademark plaintiff favorable · Dec 15, 2022

M.I. Industries, Incorporated v.Registrar Of Trade Marks

Delhi High Court - Orders · C.A.(COMM.IPD-TM) 18/2021

The Delhi High Court allowed the appeal filed by M.I. Industries against the Registrar of Trade Marks, overturning the rejection of their trademark application 'NATURE'S VARIETY'. The court found that despite consisting of common dictionary words, the mark was sufficiently distinctive when applied to animal foodstuffs (Class 31), as it evoked a natural quality without being directly descriptive of the goods. Furthermore, the Appellant's international reputation and goodwill were noted in the decision.
trademark defendant favorable · Dec 15, 2022

M/S Veda Seed Sciences Pvt Ltd v.Kohinoor Seed Fields India Pvt Ltd

Delhi High Court · FAO(OS) (COMM) 326/2022

The Delhi High Court dismissed the appeal filed by Veda Seed Sciences against an interim trademark infringement order. The court affirmed that Kohinoor Seed Fields was the prior adopter and registrant of the marks 'SADANAND', 'TADAAKHA', and 'BASANT'. Despite Veda's later registration, the court found their use was dishonest, stemming from a marketing agreement where they acknowledged ownership by Kohinoor. The injunction restraining Veda from using these trademarks remains in effect.
trademark settled · Dec 15, 2022

The Hind Samachar Limited v.M/S Punjab Kesari Publishers Pvt. Ltd

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 97/2022

In a significant ruling, the Delhi High Court allowed for the rectification of the 'PUNJAB KESARI NATIONAL' trademark following an inter-party settlement. The court directed the Trademark Registry to amend the registration, limiting the scope and territory of the mark exclusively to specific regions defined in the parties' Memorandum of Family Signature (MoFS). This decision provides a clear legal mechanism for resolving complex territorial disputes between brand owners through negotiated settlements.
trademark plaintiff favorable · Dec 14, 2022

Laans Portfolios Pvt Ltd v.The Registrar Of Trade Marks

Delhi High Court - Orders · C.A.(COMM.IPD-TM) 65/2021

The Delhi High Court allowed Laans Portfolios Pvt Ltd's appeal against an order that deemed its trademark application 'VEGAZVA' abandoned. The core issue was a procedural discrepancy where the Registrar failed to consider the Appellant's filed counter-statement despite it being on record for one of the identical opposition filings. Recognizing this clerical error and the unfairness to the applicant, the Court set aside the abandonment order, restored the application, and directed the Registry to process the registration.
trademark plaintiff favorable · Dec 14, 2022

M/S Tejram Dharampaul v.M/S Ganesh Tobacco Company

Delhi High Court - Orders · CS (COMM) 175/2022

The Delhi High Court granted an ex-parte ad interim injunction in favor of M/S Tejram Dharampaul against M/S Ganesh Tobacco Company. The court found that the Defendant's use of 'GANESH CHHAP TOBACCO' was likely to cause confusion with the Plaintiff's long-established mark, despite the Plaintiff lacking a formal word mark registration for the specific phrase. Furthermore, the Court appointed a Local Commissioner to inventory and seize goods bearing the infringing mark.
trademark settled · Dec 14, 2022

The Hind Samachar Limited v.Punjab Kesari Publishers Pvt. Ltd.

Delhi High Court · CO (COMM.IPD-TM) 285/2021 & I.A. 21222/2022

The Delhi High Court disposed of a rectification petition concerning the trade mark 'PUNJAB KESARI' after the involved family members reached an oral and written settlement. The court directed the amendment of the trademark registration, effectively carving out specific geographical territories for both the petitioner (VKC group) and the respondent (AKC group). This resolution allowed the parties to coexist using the same mark within defined regional boundaries.
trademark plaintiff favorable · Dec 14, 2022

M/S Tej Ram Dharam Paul & Anr. v.M/S Om Shiva Products Inc & Ors.

Delhi High Court · CS(COMM) 852/2022 & I.As. 20718/2022, 21299/2022

The Delhi High Court granted an interim injunction in favor of the Plaintiffs against the Defendants regarding trademark and copyright infringement. The court found that the Defendants' marks, 'ICE FEEL' and 'LIPLOCK', were deceptively similar to the Plaintiffs' registered trade dress and word marks, 'COOL LIP'. Despite jurisdictional challenges raised by the Defendants, the Court held that the Plaintiffs had established a strong prima facie case based on prior use and substantial similarity. The injunction restricts the Defendants from manufacturing or selling products under these impugned marks.
trademark mixed · Dec 13, 2022

Mr. Gangadharappa Munindra Kumar @ Kumar G.M v.M/S. Eaglesight Media Private Limited

Karnataka High Court · CRP No. 545 of 2022

This Civil Revision Petition challenged a lower court's dismissal of an intellectual property suit filed by M/S. Eaglesight Media Private Limited. The core dispute revolved around whether the trial court had jurisdiction, given that the suit related to trademarks and other assets but was valued low due to seeking only injunction. The High Court addressed this jurisdictional conflict, emphasizing that for commercial IP disputes, the 'Specified Value' under the Commercial Courts Act must be determined based on the market value of the intangible right, not merely the nature of the prayer.
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