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Trade Marks Act, 1999

35 judgments · newest first · showing 1–35

SANJAY DATTARAM SALGAONKARversusSTATE OF MAHARASHTRA AND ANR

Allowed

The applicant, Sanjay Dattaram Salgaonkar, filed an anticipatory bail application in connection with FIR No. 8 of 2026 alleging offences under the Maharashtra Prohibition Act, Bharatiya Nyaya Sanhita, and the Trade Marks Act. The State contended that the applicant was involved in the alleged …

MANVENDRA SINGHversusSTATE OF U.P.

Manvendra Singh, the driver of a D.C.M. vehicle from which urea was seized, was charged under several sections of the Indian Penal Code, the Trade Marks Act and the Essential Commodities Act. He pleaded that he had no knowledge of the contraband and had no prior criminal record. The High Court …

Ram Prakash Choudhary @ Ram Prakash ChaudhariversusThe State of Bihar

BAIL GRANTED

The petitioners, Ram Prakash Choudhary and Ranjeet Choudhary, were arrested on 16 February 2026 in connection with a case alleging the sale of duplicate pesticides without a valid license, invoking several sections of the B.N.S. They claimed to have clean antecedents and argued that they were not …

Johnson Paints Co.versusJohnson Paints Private Limited

ALLOWED

The appellant, Johnson Paints Co., a partnership firm, claimed continuous use of the trademark “JOHNSON” since 1987 and sought an interim injunction against Johnson Paints Pvt. Ltd. for alleged passing off. The respondent, incorporated in 2009, asserted rights based on a series of assignment deeds …

Bisleri International Private LimitedversusSandeep Jain

DISPOSED OFF

Bisleri International Private Ltd filed an interim application seeking to amend its pleadings to include additional infringing marks identified by the Court Receiver, specifically "AMRAT BISLIRI." The Court examined the report of the Receiver, finding the new mark visually and phonetically similar …

Brunch Beauty Private LimitedversusThe Registrar of Trade Marks

DISPOSED OFF

Brunch Beauty Private Limited applied to register the word mark “in my defence” for cosmetics (Class 3) but the Registrar of Trade Marks refused the application under Section 9(1)(a) of the Trade Marks Act, 1999, deeming it devoid of distinctive character. The petitioner challenged the refusal, …

PERNOD RICARD INDIA PRIVATE LIMITED & ANOTHERversusKARANVEER SINGH CHHABRA

2025 INSC 981Dismissed

Pernod Ricard India Private Ltd. and a related entity own the registered trademarks BLENDERS PRIDE, IMPERIAL BLUE and SEAGRAM'S for premium whiskies. They sought an interim injunction to stop Karanveer Singh Chhabra from using the mark LONDON PRIDE, alleging infringement and passing off. The …

ASIAN PAINTS LIMITEDversusRAM BABU & ANOTHER

2025 INSC 828Appeal(s) allowed

Asian Paints Ltd., a paint manufacturer, discovered that counterfeit paints bearing its brand were being sold by Ram Babu. The company, through a power of attorney, engaged an IPR consultancy to investigate and the investigation led to an FIR under the IPC and Copyright Act. The trial court …

K. MANGAYARKARASI & ANR.versusN.J. SUNDARESAN & ANR.

2025 INSC 687Dismissed

The petitioners filed a suit seeking a permanent injunction and damages for alleged infringement of the trademark ‘SRI ANGANNAN BIRIYANI HOTEL’. The respondents filed a Section 8 application invoking arbitration clauses in two assignment deeds of the trademark, alleging that the deeds were …

RENAISSANCE HOTEL HOLDINGS INC.versusB. VIJAYA SAI AND OTHERS

2022 INSC 70Appeal(s) allowed

Renaissance Hotel Holdings Inc., a US company, holds a registered trademark "RENAISSANCE" for hotel‑related services and goods in Classes 16 and 42. The respondents operated hotels under the name "SAI RENAISSANCE" in Bangalore and Puttaparthi, prompting the plaintiff to seek a permanent injunction. …

M/S. NANDHINI DELUXEversusM/S. KARNATAKA CO-OPERATIVE MILK PRODUCERS FEDERATION LTD.

2018 INSC 642Appeal(s) allowed

The Karnataka Cooperative Milk Producers Federation (respondent) had been using the mark ‘NANDINI’ for milk and milk products since 1985, while the restaurant chain M/s. Nandhini Deluxe (appellant) began using the mark ‘NANDHINI’ for its restaurants in 1989 and later applied for registration of the …

PARAKH VANIJYA PRIVATE LIMITEDversusBAROMA AGRO PRODUCT AND OTHERS

2018 INSC 602Dismissed

Parakh Vanijya Private Ltd, the registered owner of the label mark “MALABAR” for Biryani Rice in Class‑30, sued Baroma Agro Product for infringement and passing off, alleging that the respondent’s use of “BAROMA MALABAR GOLD” was identical or deceptively similar. The High Court, noting that the …

CANARA BANKversusN. G. SUBBARAYA SETTY & ANR.

2018 INSC 385Appeal(s) allowed

Canara Bank granted a loan to N.G. Subbaraya Setty, who signed an unregistered assignment deed transferring the trademark "Eenadu" to the bank as security. The bank later cancelled the deed, invoking the Banking Regulation Act, and both parties litigated in 2004 – the bank seeking to declare the …

TOYOTO JIDOSHA KABUSHIKI KAISHAversusMIS PRIUS AUTO INDUSTRIES LTD. & ORS.

2017 INSC 1230Dismissed

Toyota Jidosha Kabushiki Kaisha, a Japanese automobile manufacturer, sued M/s Prius Auto Industries and partners in Delhi High Court for infringement of its registered marks (Toyota, Toyota Innova, Toyota Device) and for passing off of the unregistered mark 'Prius'. The trial judge granted a …

PATEL FIELD MARSHAL AGENCIES AND ANR.versusP.M. DIESELS LTD. AND ANR.

2017 INSC 1157Dismissed

The Supreme Court examined a dispute over the trademark "Field Marshal" where the plaintiff sought injunction against the defendants for alleged infringement. The defendants challenged the validity of the plaintiff's trademark and filed rectification applications under the Trade and Merchandise …

JAGATJIT INDUSTRIES LIMITEDversusTHE INTELLECTUAL PROPERTY APPELLACE BOARD & ORS.

2016 INSC 74Dismissed

Jagatjit Industries Ltd. applied for registration of the mark “Blenders Pride” in India. Respondent No.4, a US‑based liquor company, opposed the application, claiming prior rights and seeking an extension of time to file its opposition. The Registrar issued a show‑cause notice under s.57(4) to …

LAL BABU PRIYADARSHIversusAMRITPAL SINGH

2015 INSC 1036Dismissed

The appellant sought registration of the word "RAMAYAN" with a crown device for incense sticks, which the respondent opposed on the ground that the term is the title of a Hindu holy book. The Assistant Registrar dismissed the opposition, but the Intellectual Property Appellate Board set aside that …

NEON LABORATORIES LTD.versusMEDICAL TECHNOLOGIES LTD. & ORS.

2015 INSC 728Dismissed

Neon Laboratories Ltd (appellant) sought to enforce its trademark ROFOL, for which it had applied in 1992 and obtained registration in 2001, but only began using the mark in 2004. Medical Technologies Ltd and its associate (respondents) had been using the similar mark PROFOL since 1998, having …

INDIAN PERFORMING RIGHTS SOCIETY LTD.versusSANJAY DALIA&ANR.

2015 INSC 452Dismissed

The Supreme Court examined whether sections 62 of the Copyright Act, 1957 and 134 of the Trade Marks Act, 1999 allow a plaintiff to sue in a district court where it resides or carries on business even when the cause of action has also arisen at its principal place of business. The Court held that …

DR. ALOYS WOBBEN & ANR.versusYOGESH MEHRA & ORS.

2014 INSC 416Disposed off

Dr. Aloys Wobben, holder of several wind‑turbine patents, sued Yogesh Mehra and others for patent infringement in the Delhi High Court. The respondents filed revocation petitions before the Intellectual Property Appellate Board under s.64(1) of the Patents Act and also raised counter‑claims in the …

M/S. PARAGON RUBBER INDUSTRIESversusM/S. PRAGATHI RUBBER MILLS & ORS.

2013 INSC 798Dismissed

The plaintiff, Paragon Rubber Industries, filed a suit in the District Court of Kottayam seeking relief under the Copyright Act, 1957 and the Trade and Merchandise Marks Act, 1958. The defendants challenged the suit's territorial jurisdiction, arguing that the court lacked jurisdiction under the …

SURESH DHANUKAversusSUNLTA MOHAPATRA

2011 INSC 831Appeal(s) allowed

The appellant, Suresh Dhanuka, and respondent, Sunita Mahapatra, entered into a joint‑venture and a deed of assignment whereby the respondent assigned 50% of her rights in the trademark "Naturoma Herbal" to the appellant, with a covenant that the mark be marketed solely by the appellant and that …

RASIKLAL MANICKCHAND DHARIWAL & ANR.versusM/S. M.S.S. FOOD PRODUCTS

2011 INSC 820Dismissed

The plaintiff, M.S.S. Food Products, sued the appellants for passing off, seeking a declaration and injunction over the use of the mark "Manikchand". The trial court granted an interim ex parte injunction, later proceeded ex parte after the defendants failed to appear, closed their right to …

INFOSYS TECHNOLOGIES LTD.versusJUPITER INFOSYS LTD. AND ANR.

2010 INSC 762Case Partly allowed

Infosys Technologies Ltd. owned the trademark "Infosys" in classes 7, 9 and 16. Jupiter Infosys Ltd., later renamed Jupiter International Ltd., filed applications under Sections 46 and 56 of the Trade and Merchandise Marks Act, 1958 seeking removal/rectification of those marks on the ground of …

D.A.V. BOYS SR. SEC. SCHOOL ETC. ETC.versusDAV COLLEGE MANAGING COMMITIEE

2010 INSC 424Dismissed

The DAV College Managing Committee, holder of a registered trademark for "DAV" and "Dayanand Anglo Vedic", filed four suits in the Delhi District Court under Section 134 of the Trade Marks Act, 1999 against several schools in Chennai that were using the same mark. The Chennai schools filed transfer …

J. MITRA & CO. PVT. LTD.versusASST. CONTROLLER OF PATENTS & DESIG. & ORS.

2008 INSC 958Disposed off

J. Mitra & Co. Pvt. Ltd. applied for a patent which was opposed by Span Diagnostics Ltd. (respondent No.3). The opposition was initially a pre‑grant opposition under Section 25(1) of the Patents Act, 1970. The Controller rejected the pre‑grant opposition on 23‑Aug‑2006 and the respondent filed …

DABUR INDIA LTD.versusK.R. INDUSTRIES

2008 INSC 725Dismissed

Dabur India Ltd., the maker of "Dabur Red Tooth Powder", sued K.R. Industries for copyright infringement of its packaging and for passing off. The Delhi High Court dismissed the suit on the ground that it lacked territorial jurisdiction over the passing‑off claim, relying on the Dhodha House …

M/S MEGHRAJ BISCUITS INDUSTRIES LTD.versusCOMMISSIONER OF CENTRAL EXCISE, U.P.

2007 INSC 286Dismissed

Meghraj Biscuits Industries Ltd. manufactured biscuits and sold them under the brand name “Meghraj” from 1991. The brand name was a registered trademark of Kay Aar Biscuits (P) Ltd., which also used it for biscuits. The Central Excise Department held that the appellant was not eligible for the Small …

M/S REIZ ELECTROCONTROLS PVTS. LTD.versusCOMMR. OF CENTRAL EXCISE, DELHI-I

2006 INSC 479Disposed off

Mis RE manufactured electronic fan regulators under the brand "REIZ" since 1988, while its sister company Mis REPL, formed in 1993, manufactured electronic transformers using the same brand. Under Notification No. 1/93, a manufacturer using another's brand name is ineligible for small‑scale …

BHAVNESH MOHANLAL AMIN AND ANR.versusNIRMA CHEMICALS WORKS LTD. AND ANR.

2005 INSC 547Disposed off

The respondents, Nirma Chemicals Works Ltd., owned the registered trademarks "NIRMA" and "NIMA" for soaps, detergents and other consumer items. The appellants, Bhavnesh Mohanlal Amin and others, began using the mark "NIMA" for electric flour mills (Class 7) and were served notice to cease. The …

M/S. SATYAM INFOWAY LTD.versusM/S. SIFFYNET SOLUTIONS PVT. LTD.

2004 INSC 368Leave Granted & Allowed

The appellant, Satyam Infoway Ltd., had registered several domain names containing the word ‘Sify’ in 1999 and built a substantial reputation as an internet services provider. The respondent, SiffyNet Solutions Pvt. Ltd., began using similar domain names with ‘Siffy’ in 2001‑2002 and the appellant …

LAXMIKANT V. PATELversusCHETANBHAI SHAH AND ANR.

2001 INSC 594Appeal(s) allowed

The plaintiff, who had been operating a colour lab and studio under the trade name "Muktajivan Colour Lab and Studio" since at least 1995, sued the defendants for passing off after they intended to use the same name for a similar business. The plaintiff sought a permanent injunction and an …