Trademark Cases

2,115 decisions across India

Page 71 of 71

trademark defendant favorable · Jan 23, 1958

K. Sultan Mohideen v.P.M. Swamy

This Madras High Court judgment addressed a critical jurisdictional question regarding trade mark litigation. The core issue was whether a suit involving both passing off (common law) and registered trade mark infringement (statutory right) could be filed in a lower civil court. The court clarified that while passing off actions are broadly available, suits for the infringement of a *registered* trade mark must adhere to Section 73 of the Trade Marks Act, requiring jurisdiction at least up to a District Court. Consequently, the original decree was deemed a nullity due to lack of proper forum.

trademark defendant favorable · Feb 13, 1957

The Anglo French Drug Co., (Eastern) v.R.D. Tinaikar

Bombay High Court · 1934608

This appeal challenged the decision of the Deputy Registrar of Trade Marks who held that a Registered Trade Marks Agent was entitled to be heard during opposition proceedings for trade mark registration. The petitioners argued that an agent could only 'act,' but not 'plead' before the Registrar, citing provisions of the Bombay Pleaders Act. The High Court dismissed the appeal, affirming the Deputy Registrar's finding.

trademark defendant favorable · Mar 3, 1955

Tropical Accumulators Ltd. v.Manash Ranjan Chakravarty

Calcutta High Court · 1445963

The dispute concerned whether Tropical Accumulators Ltd. (the plaintiff) could enforce its claim over the trade mark "Sakti" in a subordinate court, specifically regarding its status as a registered user versus the proprietor. The Calcutta High Court held that since the suit related to rights in a trade mark, it was incompetent to be filed in a court inferior to a District Court.

trademark defendant favorable · Jul 26, 1954

Tapton Tea Company v.The Liptons Ltd.

Punjab-Haryana High Court · 1282682

The Tapton Tea Company appealed the Deputy Registrar of Trade Marks at Bombay's refusal to register the trade mark 'Tapton Tea', which was opposed by Lipton Limited. The court examined whether the Punjab-Haryana High Court had jurisdiction to hear this appeal, given that the firm was located in Amritsar.

trademark defendant favorable · May 28, 1946

India Electric Works Ltd. v.Registrar Of Trade Marks

Calcutta High Court · 1094537

India Electric Works Ltd. appealed against the dismissal of its appeal (which itself was an appeal against the Registrar's refusal) regarding the registration of the word "India" as a trade mark for an electric fan. The court ultimately held that the appeal was incompetent because the single judge did not exercise jurisdiction in a manner contemplated by the Letters Patent.

trademark plaintiff favorable · Feb 5, 1940

J.C. Eno Limited v.Vishnu Chemical Co.

Bombay High Court · 1831139

J.C. Eno Limited filed a passing off action against Vishnu Chemical Co., alleging that the defendants were selling saline under the name "Falaxar," which was a colorable imitation of the plaintiffs' well-known marks, "Eno" and "Fruit Salt." The court found that the plaintiffs had established a wide reputation for their product in India. Consequently, the court granted an injunction against the defendant while awarding profits to the plaintiff.

trademark plaintiff favorable · Jun 7, 1926

Swadeshi Mills Co., Ltd. v.Juggi Lal, Kamlapat Cotton Spinning And ...

Allahabad High Court · 284603

The Allahabad High Court ruled in favor of Swadeshi Mills Co., Ltd., finding that the plaintiffs had successfully established a reputation for their cotton goods under the trade name 'kamalchap' through continuous use of specific lotus flower designs and impressions. The court granted a perpetual injunction against the defendants, restraining them from using colorable imitations of the marks. Furthermore, the defendants were ordered to remove all infringing marks from their stock and pay substantial damages to the plaintiffs.

trademark plaintiff favorable · Dec 19, 1924

A.J. Von Wulfing v.D.H. Jivandas And Co.

Bombay High Court · 1303162

The plaintiffs alleged that they had established a high reputation for chemical compounds sold under the names 'Sanatogen' and 'Formamint' in India. They sued the defendants, who were importing and selling similar goods at lower rates, alleging deception through the use of the marks and resemblance in packaging. The court found that the plaintiffs were entitled to their trade mark rights and ruled that the defendants' sale constituted infringement/passing off.

trademark plaintiff favorable · May 7, 1915

Kheshtra Pal Sharama v.Pancham Singh Varma

Allahabad High Court · 1336813

This 1915 Allahabad High Court judgment addressed a dispute over trademark infringement concerning medicinal products. The applicant, selling 'Sudha Sindhu,' sued the respondent for allegedly infringing his registered trademark through advertisements in Muttra. The court ruled that if the facts alleged by the plaintiff are true—specifically, that the advertisement was calculated to induce confusion—then the trademark has been infringed within the jurisdiction of the local court. Consequently, the lower courts' decision to dismiss the suit on jurisdictional grounds was set aside, allowing the case to proceed.

trademark plaintiff favorable

M/S Mysore Deep Perfumery House, Indore v.Sunilkumar A. Jain, Sole Prop. M/S ...

· M004431

The Bombay High Court granted a temporary injunction favoring M/S Mysore Deep Perfumery House against Sunilkumar A. Jain, despite disputes over additional pleadings and evidence. The court found that the defendant's claim of acquiescence was questionable, particularly because it relied on documents later alleged to be forged by the third party (Astha Sales). This interim relief allows the plaintiff to continue pursuing their trademark rights while the full case proceeds.

trademark defendant favorable

Maharashtra Safe Chemists And Distributors Alliance Limited v.Sachin Bhausaheb Bhalekar & Anr.

· M003492

The Bombay High Court dismissed a trademark infringement suit after noting that the disputed mark had already been removed from the register by the Registrar of Trademarks. The court accepted the defendant's affidavit stating that the trademark was never put into commercial operation, rendering all remaining claims for injunction and damages moot. This decision highlights how prior administrative actions (like rectification) can fundamentally alter the trajectory of a civil IP suit.

trademark defendant favorable

M.Manuvel v.Malabar Gold Pvt. Ltd

Kerala High Court · 136698277

The Kerala High Court dismissed an Original Petition filed by M.Manuvel, which challenged a lower court's order regarding jurisdiction in a trademark and passing off suit. The core issue revolved around the defendant's late application to amend their written statement to raise objections concerning territorial jurisdiction. Citing Supreme Court precedent, the court held that without demonstrating due diligence before the trial commenced, such an amendment could not be allowed after the proceedings had started.

trademark defendant favorable

Sri.R.S.Praveen Raj v.Controller General Of Patents, Designs & Trademarks

Kerala High Court · 125924786

The Kerala High Court dismissed a public interest litigation challenging the trademark registration of religious symbols, specifically the picture of the Attukal deity. The petitioner argued that registering such an icon commercializes faith and violates fundamental rights. However, the court upheld the registrations, noting that while certain deities are prohibited from registration under specific government directions, the services registered (temple/social welfare) did not violate Articles 25 or 26 of the Constitution. Furthermore, the court cautioned against bypassing statutory remedies in favor of invoking Article 226.

trademark plaintiff favorable

M/S. Bipha Drug Laboratories v.Controller General Of Patent

Kerala High Court · 147026713

M/S. Bipha Drug Laboratories filed a writ petition seeking the immediate issuance of its trademark registration certificate for 'SOMNA' in Class 5. Despite an order dismissing opposition in 2008, the petitioner had not received the official certificate. The Kerala High Court intervened and directed the Registrar of Trademarks to issue the certificate within two weeks. This judgment underscores the importance of statutory authorities adhering to their timelines even after favorable decisions are rendered.

trademark defendant favorable

Prof.D.Aravindakshan v.Union Of India

Kerala High Court · 145720739

The Kerala High Court dismissed a writ petition filed by Prof. D. Aravindakshan challenging the refusal of the Registrar of Companies to approve the name 'Agastya Bio-Tech Limited'. The court found that despite the petitioner's claims, the attempt to register a company with an identical name while disputes regarding the original entity ('Agastya Bio-pharm India Limited') were pending made the proposed name undesirable. This ruling underscores the strict application of corporate naming rules designed to prevent public confusion and deception.

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