TRADEMARK
After 50 Years, Delhi High Court Bars Both Registered Proprietor And Prior User From Using 'FIELDMARSHAL' For Pumps
The Delhi High Court has brought a five-decade dispute over the “FIELDMARSHAL” trademark to an unusual end by barring both rival manufacturers from using the mark for centrifugal pumps, after finding that one held a valid registration while the other had built prior market goodwill. A Division Bench of Justices C. Hari Shankar and Om Prakash Shukla delivered the judgment on February 6, 2026, in a long-running battle between PM Diesels Private Limited (PMD) and Thukral Mechanical Works,...
Delhi High Court Grants Interim Injunction Against Rogue Websites Misusing 'VIMAL' Trademark
The Delhi High Court, in a recent order, has temporarily restrained rogue websites and social media pages that were selling VIMAL gutka without authorisation, after finding a prima facie case of trademark infringement and passing off. Justice Jyoti Singh was hearing a commercial suit filed by Vishnu and Company Trademarks Private Limited seeking protection of its trademark rights. The company is the proprietor of the VIMAL family of trademarks, used for products such as pan masala, elaichi,...
Rajasthan High Court Upholds Injunction Over 'DURGA' Mustard Oil Trademark, Cites Public Interest
The Rajasthan High Court has declined to interfere with an interim injunction restraining the use of the trademark “DURGA” for mustard oil. The court said trademark infringement affects not just the parties to the dispute but also consumers and the wider public, as it can cause confusion and deception. A Division Bench of Justices Arun Monga and Yogendra Kumar Purohit dismissed an appeal challenging an order of the commercial court that had granted a temporary injunction against the...
Delhi High Court Awards ₹20 Lakh Damages To Hero Electric Vehicles Against Rogue Website Misusing Its Mark
The Delhi High Court on Wednesday awarded Rs 20 lakh in damages and Rs 3 lakh in litigation costs to Hero Electric Vehicles Private Limited while decreeing a trademark infringement suit over a dealership scam run through a rogue website. Justice Tushar Rao Gedela also granted a permanent injunction restraining the defendants from unauthorised use of Hero Electric's registered trademarks and copyrighted works. The court found that the defendants had posed as the company and cheated innocent...
Delhi High Court Grants Permanent Injunction In Favour Of Allied Blenders In 'Officer's Choice' Trademark Case
The Delhi High Court on Wednesday decreed a trademark infringement suit in favour of Allied Blenders and Distillers Ltd., granting a permanent injunction restraining Batra Breweries and Distilleries Pvt. Ltd. from using the marks “Officer's Choice”, “Officer's Choice Blue”, “Choice”, or any other identical or deceptively similar mark. Justice Tushar Rao Gedela passed the final decree disposing of the commercial suit filed by Allied Blenders alleging infringement of its well-known whisky...
Trial Court Must Pause Trademark Infringement Suit Once Validity Plea Is Found Tenable: Punjab & Haryana High Court
The Punjab and Haryana High Court has recently reiterated that once a trial court comes to the conclusion that a plea challenging the validity of a registered trademark is prima facie tenable, it must not proceed with the infringement suit and is bound to grant time to the concerned party to approach the Registrar or the High Court for rectification. A single bench of Justice Pankaj Jain clarified that under section 124 of the Trade Marks Act, 1999, a trial court does not have the jurisdiction...
Delhi High Court Bars “Divine Miss India” For Infringing Times Group's “Miss India” Trademark
The Delhi High Court has permanently restrained Seraphic Divine Beauty Pvt. Ltd. from organising or promoting a beauty pageant under the name “Divine Miss India,” holding that the mark infringes and passes off the iconic “Miss India” trademark owned by Bennett, Coleman & Company Ltd.A Single-Judge Bench of Justice Jyoti Singh, by a judgment dated January 21, 2026, ruled in favour of Bennett, holding that use of the impugned mark amounted to trademark infringement and passing off and was...
Delhi High Court Temporarily Restrains One-Person Company From Using 'Media Monk' Name
The Delhi High Court has temporarily barred a one-person company from using the name “Media Monk” after finding it deceptively similar to the global digital brand MediaMonks and likely to mislead consumers. Justice Tushar Rao Gedela granted an ex parte ad interim injunction against Systemry Global Tech (OPC) Pvt. Ltd. The court restrained the company from using the marks “Media Monk”, “MediaMonk”, the domain name mediamonk.ai, or any other mark or domain that is deceptively similar to...
Delhi High Court Temporarily Bars Dabur's Cool King Thanda Tael Over Navratna-Like Trade Dress
The Delhi High Court has temporarily restrained Dabur India Limited from selling its cooling oil product, “Cool King Thanda Tael,” after finding, at the interim stage, that its packaging is deceptively similar to the trade dress of Emami Limited's “Navratna” cooling oil.A Single-Judge Bench of Justice Tejas Karia, in an order dated January 31, 2026, allowed Emami's application for interim injunction in a passing off action against Dabur India. The Court held that Dabur's impugned packaging...
Delhi High Court Grants Interim Trademark Protection To PhysicsWallah, Orders Takedown Of Disparaging Posts
The Delhi High Court has granted an ex-parte ad-interim injunction in favour of PhysicsWallah Limited, restraining former employee and rival coaching operator Nikhil Kumar Singh from using deceptively similar trademarks and from publishing disparaging online content.A single-judge of Justice Jyoti Singh held that the videos and social media posts circulated by Singh are prima facie defamatory, disparaging, and abusive and are intended to tarnish PhysicsWallah's goodwill and reputation. Finding...
Delhi High Court Temporarily Bars Sale Of Products Using 'Happi Planet' Mark And Similar Packaging
The Delhi High Court has granted an ex-parte ad-interim injunction in favour of Happi Planet, a home and personal care brand, restraining multiple entities from selling products bearing the “Happi Planet” mark and identical packaging and trade dress.By an order dated January 28, 2026, a Single Judge Bench of Justice Tushar Rao Gedela held that Happi Planet had made out a strong prima facie warranting interim protection.Finding the rival products to be deceptively similar, the Court...
Delhi High Court Orders Refex Hotels to Change Name Over Similarity With Refex Industries
The Delhi High Court on Wednesday directed Refex Hotels Private Limited to change its corporate name, holding that the use of the word “REFEX” is undesirably similar to the name and registered trademark of Refex Industries Limited, a company incorporated much earlier.Justice Manmeet Pritam Singh Arora, in a judgment delivered on January 28, 2026, set aside a 2018 order of the Regional Director, Northern Region, Ministry of Corporate Affairs, which had declined to direct a name change on the...












