Trademark Cases

3,667 decisions across India

India 3,667

Page 88 of 123

trademark interim order · Mar 28, 2019

Kewal Kiran Clothing Limited v.Rupam Garments

Bombay High Court · 934-NMCDL-589-2019

The Bombay High Court addressed a Notice of Motion concerning allegations of infringement and passing off. The Defendant failed to appear before the court, leading the court to issue a bailable warrant against the proprietor of Rupam Garments. The existing ad-interim order was directed to continue.
trademark interim order · Mar 26, 2019

Hindustan Unilever Limited v.Jms Industries

Bombay High Court · 973-NMCDL-587-2019

Hindustan Unilever Limited filed a Commercial IP Suit against JMS Industries concerning trademark infringement and passing off related to detergent preparations. The court granted leave under Clause XIV of the Letters Patent Act and issued an interim injunction restraining the defendant from using the mark SARAF or the SPLAT Device in connection with similar goods.
trademark interim order · Mar 26, 2019

Hindustan Unilever Limited v.Jms Industries

Bombay High Court · 973-NMCDL-587-2019

Hindustan Unilever Limited filed a Commercial IP Suit against JMS Industries regarding alleged trademark infringement and passing off related to detergent products. The court granted leave under Clause XIV and issued an interim injunction restraining the Defendant from using the mark SARAF or the SPLAT Device in relation to its detergent preparations.
trademark defendant favorable · Mar 26, 2019

Surya Food And Agro Limited v.Om Traders & Anr.

Delhi High Court · CS(COMM) 10/2019

The Delhi High Court dismissed Surya Food And Agro Limited's suit against Om Traders and others, which alleged passing off based on similar packaging trade dress. The court found that despite the plaintiff's claims regarding distinctive packaging for 'BUTTER DELITE,' there was no sufficient similarity or likelihood of confusion with the defendant's product, 'BUTTER KRUNCH.' The judgment emphasized consumer perception principles (Gestalt Psychology), concluding that consumers recall products holistically rather than focusing on minute details of the packaging.
trademark interim order · Mar 25, 2019

Metro Brands Ltd. v.Metro Footwear

Bombay High Court · Commercial IP Suit (L) No.204 of 2019 / Notice of Motion (L) No.454 of 2019

The Plaintiff filed a Commercial IP Suit alleging that the Defendant was infringing its registered trademark 'METRO' and engaging in passing off. The Court found prima facie satisfaction regarding the infringement and granted ad-interim relief.
trademark interim order · Mar 25, 2019

Hindustan Unilever Limited v.Burdwan Soap Works

Bombay High Court · Commercial IP Suit (L) No.321 of 2019

Hindustan Unilever Limited filed a Commercial IP Suit against Burdwan Soap Works alleging trademark infringement and passing off related to their detergent powder products. The court granted an interim order, reinforcing existing reliefs and issuing further restraints on the Defendant's business practices.
trademark interim order · Mar 25, 2019

Kewal Kiran Clothing Limited v.Rupam Garments

Bombay High Court · COMMERCIAL IP SUIT (L) NO.302 OF 2019

The plaintiff filed a Commercial IP Suit against the defendant regarding passing off. The court directed the defendant to appear in person along with invoices, and while the defendant failed to appear, the court reiterated that the earlier ad-interim order would continue.
trademark mixed · Mar 25, 2019

Roopak Stores Pvt. Ltd. v.Roopaks Pik-N-Pay

Delhi High Court · CS(COMM) 741/2017 (IA No. 12504/2017)

The Delhi High Court addressed an injunction application filed by Roopak Stores Pvt. Ltd. against Roopaks Pik-N-Pay regarding alleged trademark infringement of 'ROOPAK'. While the plaintiffs sought a complete restraint, the court acknowledged the defendants' long-standing use of the mark since 1994 and noted unexplained delay in filing the suit (2017). Consequently, instead of granting an outright injunction, the Court ordered the defendants to cease using variants of the mark while simultaneously mandating them to file detailed accounts from 1993-94 to facilitate a fair trial.
trademark mixed · Mar 19, 2019

Shyam Steel Industries Limited v.Shyam Sel And Power Limited & Anr.

Calcutta High Court · CS No.63 of 2019

Shyam Steel Industries Limited filed a suit against Shyam Sel And Power Limited & Anr. alleging infringement of trademark and passing off. The Calcutta High Court accepted the plaint, noting that no leave was required under Clause 12 of the Letters Patent, 1865. Given concerns about potential concealment of infringing products, the court dispensed with mediation provisions.
trademark plaintiff favorable · Mar 18, 2019

Gopal Ji Gupta v.Union Of India & Anr

Delhi High Court · W.P.(C) No. 7644/2017

The Delhi High Court ruled in favor of Gopal Ji Gupta regarding the renewal of his trademark 'BINACA'. The court held that since the Registrar failed to issue mandatory notice (Form O-3) before the mark was removed from the register, the rejection of the renewal application as time-barred was legally flawed. Consequently, the respondents were directed to consider the petitioner's renewal request, provided late fees are paid.
trademark mixed · Mar 13, 2019

Lalit Kumar Arya & Anr. / Chaya Devi v.M/S Prabhat Zarda Factory International (Noida) / Family Members

Delhi High Court · CS(COMM) 1031/2016, CS(COMM) 1032/2016 & CS (OS) 1319/2013

This Delhi High Court judgment addresses complex disputes over several family-owned trademarks, including 'RATNA' and 'PRABHAT ZARDA'. The core conflict revolves around the ownership of these marks following the death of the original proprietor, Sh. Lalit Kumar Arya, and subsequent assignment to his daughter-in-law, Smt. Chaya Devi. The court has directed that the validity of the trademark assignments and the enforcement of existing injunctions must be adjudicated during the trial, acknowledging the intricate family succession issues.
trademark settled · Mar 13, 2019

M/s.Swagath Motels Private Limited v.M/s.Hotel Swagath; Registrar of Trademarks

Telangana High Court · (T)OP(TM).No.486 of 2023

M/s.Swagath Motels Private Limited filed an Original Petition seeking the cancellation of the trademark 'Hotel Swagath' registered in M/s.Hotel Swagath, citing concerns over register purity. However, on August 8, 2023, the Madras High Court noted that the dispute between the contesting private parties had been resolved amicably. Consequently, the court closed (T)OP(TM) No.486 of 2023 without passing any formal order regarding costs.
trademark plaintiff favorable · Mar 12, 2019

Filex Systems Pvt. Ltd. v.Deepika File Products

Delhi High Court · CS(COMM) 696/2016

The Delhi High Court ruled in favor of Filex Systems Pvt. Ltd., granting a permanent injunction against Deepika File Products for passing off the plaintiff's trade name 'FILEX'. The court found that despite the defendant's arguments regarding prior use or lack of registration, the extensive and long-standing use of 'FILEX' by the plaintiff had established significant goodwill and reputation in the stationery market. This judgment underscores the protection afforded to unregistered marks when passing off is involved.
trademark plaintiff favorable · Mar 5, 2019

Hindustan Unilever Limited v.Dhananjay Gruh Udyog

Bombay High Court · 914-NMCDL-460-2019

Hindustan Unilever Limited filed a Commercial IP Suit against Dhananjay Gruh Udyog alleging infringement and passing off related to its registered 'SPLAT device mark'. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and decreed the suit in favor of the Plaintiff. The court issued perpetual injunctions restraining the defendant from using the infringing marks on detergent preparations and ordered the destruction of all bearing goods.
trademark plaintiff favorable · Mar 5, 2019

Hindustan Unilever Limited v.Dhananjay Gruh Udyog

Bombay High Court · 914-NMCDL-460-2019

Hindustan Unilever Limited filed a Commercial IP Suit against Dhananjay Gruh Udyog alleging infringement and passing off related to its registered 'SPLAT device mark'. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and decreed the suit in favor of the Plaintiff.
trademark plaintiff favorable · Mar 1, 2019

Sun Pharma Laboratories Limited v.Ankit Mishra

Bombay High Court · COMIP (L) NO. 176 OF 2019

Sun Pharma Laboratories Ltd. filed a suit against Ankit Mishra and others alleging infringement of its registered trademark No. 1692705 (in class 5) by the use of similar marks like 'MONTEKET' or 'MONTEKET-LC'. The Bombay High Court decreed the suit, granting perpetual injunctions against the defendants for infringing the mark and passing off goods.
trademark plaintiff favorable · Feb 27, 2019

Living Media India Limited v.Lallantop Media And Anr.

Delhi High Court · CS(COMM) 1054/2018

The Delhi High Court ruled in favor of Living Media India Limited, finding that Lallantop Media and Anr. infringed upon its trademark rights by registering and using the similar domain name 'THELALLANTOP.NET'. The court granted a permanent injunction against the defendant's use of the domain and directed the registrar to facilitate the transfer of the domain name to the plaintiff. This judgment reinforces the importance of protecting established online brand identities in the digital media space.
trademark interim order · Feb 26, 2019

Sun Pharma Laboratories Ltd v.Rainbow Life Sciences Pvt Ltd

Bombay High Court · 919-NMCDL-387-2019

Sun Pharma Laboratories Ltd filed a Commercial IP Suit against Rainbow Life Sciences Pvt. Ltd. concerning trademark infringement related to pharmaceutical preparations. The Bombay High Court granted leave and issued an interim injunction restraining the defendant from using the impugned trade mark "MONTEKAZ" or any deceptively similar marks.
trademark interim order · Feb 26, 2019

Sun Pharma Laboratories Ltd. v.Rainbow Life Sciences Pvt. Ltd.

Bombay High Court · NMCDL-387-2019

The Bombay High Court passed an order granting leave to the petitioner and issuing a temporary injunction. The injunction restrained the respondent from dealing in medicinal preparations bearing the impugned trade mark "MONTEKAZ" or any deceptively similar mark, preventing passing off of the plaintiff's brand 'MONTEK'.
trademark mixed · Feb 26, 2019

Luxembourg Brands S.A.R.L & Anr. v.G.M. Pens International Pvt. Ltd.

Delhi High Court - Orders · CS (COMM) 1120/2018 & Crl. M.A. 10583/2017, I.A. No. 3153/2018

The Delhi High Court granted an extension of five weeks to the Local Commissioner in a trademark infringement dispute involving the brand TERAMAX. The court noted that while the defendant had finally filed an affidavit regarding net revenue, it lacked necessary annexures detailing the accounts workings. Given these procedural delays and ongoing verification processes, the court allowed more time for the commissioner to submit a comprehensive report on the defendant's sales.
trademark plaintiff favorable · Feb 26, 2019

Hotel Panchavati & Anr. v.Hotel Panchvati & Anr.

Bombay High Court · COMMERCIAL IP SUIT (L) NO.234 OF 2019

The Bombay High Court granted ad-interim relief in a trademark infringement and passing off suit filed by Hotel Panchavati & Anr. The court recognized the Plaintiffs' well-known reputation and goodwill associated with the 'PANCHAVATI' marks in the hospitality sector. Finding that the Defendants were using deceptively similar marks and domain names, the Court issued an injunction restraining their continued use of these marks and directed them to remove all infringing materials within three days.
trademark plaintiff favorable · Feb 26, 2019

Central Park Estates Pvt. Ltd. v.Trustbanq Reality Pvt. Ltd.

Delhi High Court - Orders · CS (COMM) 106/2019

The Delhi High Court granted an interim permanent injunction in favor of Central Park Estates Pvt. Ltd., who holds the registered trademark 'BELLEVUE' for luxury apartments. The court found that the Defendants were using a confusingly similar mark, 'BELLE VUE', for their real estate projects. Consequently, the Defendants were restrained from launching any new projects under this name and faced restrictions on executing new sale deeds in existing projects.
trademark plaintiff favorable · Feb 26, 2019

Dharampal Satyapal Sons Private Limited v.Mr. Gagan Varshney & Ors.

Delhi High Court - Orders · CS(COMM) 108/2019

The Delhi High Court granted an interim injunction in favor of Dharampal Satyapal Sons Private Limited against Mr. Gagan Varshney & Ors., finding a prima facie case of trademark infringement and passing off. The court observed that the defendants were using the deceptively similar mark 'PULSER' and identical trade dress for candies, which infringed upon the plaintiff's registered trademark PULSE and its associated artistic packaging. This protective order prevents the defendants from manufacturing or selling products under the infringing marks until further orders.
trademark interim order · Feb 25, 2019

Unilever Plc. v.Lucky Products

Bombay High Court · 930-NMCDL-406-2019-UR

Unilever Plc. filed a notice of motion seeking an interim order against Lucky Products for allegedly using a pirated trade dress and trademarks deceptively similar to VASELINE in their petroleum jelly products. The Bombay High Court granted the leave petition and issued a temporary injunction restraining the defendant from manufacturing, marketing, or selling such goods.
trademark interim order · Feb 25, 2019

Asian Paints Ltd. v.Micro Paints

Bombay High Court · 929-NMCDL-397-2019-UR

Asian Paints Ltd. filed a suit against Micro Paints alleging that the defendant was using pirated trade dress and marks deceptively similar to the plaintiff's label marks (TRUCARE) and trade dress (ULTRA DECO). The Bombay High Court granted an interim injunction restraining the defendant from manufacturing, marketing, or selling goods under such deceptive marks.
trademark plaintiff favorable · Feb 25, 2019

Brahmos Aerospace Pvt. Ltd. v.Fiit Jee Limited & Anr.

Delhi High Court · CS(OS) No.2655/2013 (I.A. No.21136/2013)

The Delhi High Court granted an interim injunction favoring Brahmos Aerospace Pvt. Ltd., a well-known aerospace and defense entity, against Fiit Jee Limited & Anr. The plaintiff alleged that the defendants were dishonestly adopting the prestigious 'BRAHMOS' trademark for educational services, causing confusion among students who believed their tests were affiliated with the renowned company. Citing the strong prima facie case, the court ruled that allowing continued use by the defendants would cause irreparable loss to Brahmos’s goodwill and reputation.
trademark interim order · Feb 22, 2019

Brihan Karan Sugar Syndicate Private Limited v.Konkan Agro Marine Industries Private Limited

Bombay High Court · 916-NMCDL-336-2019

The petitioner filed a commercial IP suit against the respondent regarding the use of bottles bearing a registered mark. The court recalled an ex-parte order after the plaintiff failed to disclose a prior cease and desist notice. Subsequently, ad-interim relief was granted in favor of the plaintiff.
trademark mixed · Feb 22, 2019

Central Park Estates Pvt Ltd & Ors v.Darshanam Life Space Private Limited

Delhi High Court - Orders · FAO 71/2019 & CM No. 8485/2019

The Delhi High Court stayed an adverse interim order that had vacated the appellants' ex-parte injunction, which was related to trademark infringement concerning 'Central Park'. The court acknowledged the strong goodwill and reputation of the appellant's registered mark. While keeping the core dispute in abeyance, the court granted permission for the respondent to sell remaining unsold flats, balancing the need to protect IP rights with commercial realities.
trademark plaintiff favorable · Feb 18, 2019

Hindustan Unilever Ltd. v.Tuba Chemical Works

Bombay High Court · COMMERCIAL IP SUIT (L) NO.111 OF 2019

Hindustan Unilever Ltd. filed a Commercial IP Suit against Tuba Chemical Works alleging infringement and passing off related to its registered trademarks in Class 03. The Bombay High Court granted leave under the Letters Patent Act, decreed the suit, and issued permanent injunctions against the defendant.
trademark plaintiff favorable · Feb 18, 2019

Hindustan Unilever Ltd. v.Tuba Chemical Works

Bombay High Court · COMMERCIAL IP SUIT (L) NO.111 OF 2019

Hindustan Unilever Ltd. filed a Commercial IP Suit against Tuba Chemical Works alleging infringement and passing off related to its registered trademarks in Class 03. The court granted leave under the Letters Patent Act, decreed the suit, and issued permanent injunctions against the defendant.
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