TRADEMARK
Delhi High Court Refuses ITC Bid To Stop Adyar Gate Hotels' Use Of 'Dakshin' Mark
The Delhi High Court has refused to restrain Adyar Gate Hotels Limited from using the "DAKSHIN" trademark for its standalone Chennai restaurant. It held that ITC Limited's trademark infringement claim was not maintainable. The court also found that ITC had failed to establish a prima facie case for passing off or copyright infringement. A division bench of Justice C. Hari Shankar and Justice Om Prakash Shukla dismissed ITC's appeal against a single judge's order refusing interim relief. The...
Trademark Registrar Can Be Court Subordinate To HC For Rectification Proceedings Transfers: Bombay High Court
The Bombay High Court has recently held that the Registrar of Trade Marks can be regarded as a court subordinate to the High Court for the purpose of transferring pending trademark rectification proceedings. The ruling came while allowing the Institute for Technology and Management Trust (ITM) to transfer three rectification proceedings pending before the Registrar to the High Court, where a trademark suit between ITM and Samata Lok Sansthan Trust and 17 connected rectification proceedings are...
Bombay HC Protects Bombay Group's Continued Use Of 'Vadilal' Trademark Pending Family Settlement Arbitration
The Bombay High Court has recently granted interim protection to one branch of the Gandhi family behind the Vadilal brand. It restrained Vadilal Industries Ltd., Vadilal International Pvt. Ltd. and other Ahmedabad Group entities from interfering with the Bombay Group's continued use of the "Vadilal" trademark in Maharashtra, Goa, Karnataka, Kerala, Andhra Pradesh and Telangana until arbitration over a family settlement is decided. Justice Amit Borkar held that the Bombay Group had established a...
Malabar Gold Cannot Monopolise 'Malabar'; Kerala High Court Sets Aside Passing Off Finding Against Delhi Jeweller
The Kerala High Court has partly allowed an appeal filed by the proprietor of Delhi-based Malabar Fashion Jewellery, setting aside a trial court's finding that the business had passed off its goods as those of Malabar Gold. It, however, retained the injunction restraining the jeweller from using a deceptively similar trademark and clarified that no exclusive rights can be claimed over the geographical expression "Malabar" by itself. Justice Mohammed Nias C.P. held that Malabar Gold's trademark...
Delhi High Court Restores Interim Relief For Kumar Foods, Finds “10X SHAKTI” Similar To SHAKTI BHOG
The Delhi High Court on 19 June restored interim protection in favour of Kumar Foods Industries in its dispute against GRM Foodkraft Private Limited and held that the latter's use of the mark “10X SHAKTI” for wheat flour is prima facie deceptively similar to the former's registered mark “SHAKTI BHOG”. A Vacation Bench of Justices Tejas Karia and Madhu Jain allowed Kumar Foods's appeal against the order of the District Judge, Rohini dated 6 June 2026, which had vacated an ex-parte injunction...
Delhi High Court Bars Sree Tirumalaa Traders From Using “Lakshmi Srinivasa” Mark & Trade Dress
On 22 June, the Delhi High Court granted an ex-parte ad-interim injunction in favour of Sri Lakshmi Srinivasa Agro Foods and SLS Agro Ventures against Sree Tirumalaa Traders, restraining the use of the mark “LAKSHMI SRINIVASA” and a deceptively similar trade dress in relation to rice products. Justice Tejas Karia held that a prima facie case of trademark infringement and passing off was made out and allowed the plaintiffs' application for urgent interim protection, while restraining the...
Delhi High Court Cancels 'SHAKTI' Trademark On 'SAKTHI' Mark Owner's Plea
The Delhi High Court has directed the Registrar of Trade Marks to remove the trademark "SHAKTI" from the Register of Trade Marks after holding that it was registered without any bona fide intention to use the mark. The court found that neither the registered proprietor nor the assignee had produced any documentary or other evidence showing independent use of the standalone "SHAKTI" mark. Justice Tushar Rao Gedela passed the judgment on June 24 while allowing a rectification petition filed by...
Delhi High Court Temporarily Restrains Use Of 'Godfather' Mark For The Glenwalk Whisky Endorsed By Sanjay Dutt
The Delhi High Court has temporarily restrained the makers of The Glenwalk whisky from using the mark "GODFATHER" for their proposed whisky product endorsed by actor Sanjay Dutt. The court held that the prominent use of the word was deceptively similar to the long-standing trademark owned by Devans Modern Breweries. Justice Tushar Rao Gedela passed the interim order. He directed Cartel Bros. Pvt. Ltd. to immediately remove advertisements, listings and social media content carrying the mark...
Madras High Court Declines Interim Relief To Hospital In 'RIO' Trademark Row With Diagnostic Centre
The Madurai bench of the Madras High court has dismissed an appeal filed by Rio Children's Hospital against the refusal of an interim injunction restraining Tirunelveli-based Rio Scans and Labs from using the mark "RIO". The court held that the parties' rival claims over the trade name could be decided only after a full-fledged trial. Justice P. Vadamalai upheld a September 2024 order of the Principal District Judge, Madurai. The order had declined interim relief sought by the hospital in a...
Delhi High Court Restrains Sellers For Misusing Flipkart's 'Latching On' Feature In SHAPERMEN Trademark Dispute
The Delhi High Court has granted an interim injunction against several sellers accused of misusing Flipkart's "Latching On" feature to market products under the SHAPERMEN brand. The court observed that their conduct appeared prima facie calculated to "ride upon the goodwill associated with the Subject Marks" and was likely to cause confusion about the origin of the products. Justice Tejas Karia passed the order in a suit filed by Piyush Sapra and another party associated with the SHAPERMEN...
Delhi High Court Cancels 'D-TAN' Trademark, Holds Mark Descriptive And Non-Distinctive
The Delhi High Court has directed cancellation of the registered trademark 'D-TAN' held by Visage Beauty and Health Care Pvt Ltd, ruling that the mark is descriptive of skin tan removal products and lacks the distinctiveness required for trademark protection.Justice Tushar Rao Gedela allowed a rectification petition filed by Honasa Consumer Ltd, the company behind 'AQUALOGICA'. The Court ordered the Registrar of Trademarks to remove the mark from the register within four weeks.The dispute arose...
Supreme Court Stays Delhi High Court Order Restraining Use Of 'Medilice' Mark For Anti-Lice Hair Oil
The Supreme Court has stayed the Delhi High Court's December 2025 judgment that upheld a trial court's finding of trademark infringement against Kirit Bhadiadra in a dispute over the mark "Medilice." A Bench of Justice Ujjal Bhuyan and Justice Arun Palli, hearing the matter on June 18, observed that the controversy "would require a deeper scrutiny." The dispute is between Wings Pharmaceuticals Private Limited, which sells an anti-lice shampoo under the mark "Medilice," and Bhadiadra,...