TRADEMARK
'Don't You Read Orders?': Delhi HC Fines Emcure ₹10,000 Over Duplicate Court Fee Refund Plea In Trademark Suit
The Delhi High Court on Monday (July 6, 2026) dismissed with costs an application filed by Emcure Pharmaceuticals Limited seeking refund of court fees in its trademark suit against Orsim Pharma, after noting that the refund had already been granted in the court's earlier order.Justice Jyoti Singh noted that Emcure had moved an application seeking a refund of the court fee paid in the suit, which was already refunded vide order of May 29, 2026.The Court pointed out that its order dated May 29,...
Delhi High Court Upholds Contempt Orders Against Jain Shikanji Director, Reduces ₹5 Lakh Cost To ₹3 Lakh
On 2 July, the Delhi High Court upheld a Trial Court's refusal to accept an unconditional apology filed by Anubhav Jain, director of Jain Shikanji Pvt Ltd, in contempt proceedings arising from wilful violation of an injunction restraining use of the trademark “Jain Shikanji”. A Bench of Justice Jyoti Singh directed the issuance of warrants of arrest and attachment of properties, affirmed the refusal to accept the apology while modifying only the quantum of costs, but reduced the exemplary...
Delhi HC Grants Interim Injunction Against Use Of 'Freelite' Oil Mark For Similarity With 'Freedom'
On 1 July, the Delhi High Court granted an ad-interim injunction restraining the makers of 'Freelite' sunflower oil from using the impugned mark and trade dress in a trademark infringement suit filed by Gemini Edibles and Fats India Ltd, proprietor of the 'Freedom' brand of edible oils. Justice Anup Jairam Bhambhani observed: “Considering the plaintiff's trademark and trade-dress in relation to sunflower oil as set-out in the plaint, on a first blush look, it appears that the trademark and...
Delhi HC Temporarily Restrains Finecure From Using 'PANTOPACID' Mark In Sun Pharma 'PANTOCID' Dispute
The Delhi High Court on 1 July granted an interim injunction restraining Finecure Pharmaceuticals from manufacturing or selling pharmaceutical products under the mark 'PANTOPACID', holding that it infringes Sun Pharma Laboratories' registered trademark 'PANTOCID'. A Division Bench of Justices V. Kameswar Rao and Manmeet Pritam Singh Arora set aside a Single Judge's order that had refused injunctive relief despite finding infringement, and allowed Sun Pharma's appeal. They observed: "In these...
Delhi High Court Restrains Both Ashiana Ispat And Kamdhenu From Using 'AL KAMDHENU GOLD' Mark
The Delhi High Court on 1 July upheld an interim injunction passed by a Single-Judge Bench restraining Ashiana Ispat Limited (AIL) from using the trademark “AL KAMDHENU GOLD”, while simultaneously restraining Kamdhenu Limited (KL) from adopting the same mark. A Division Bench of Justices V. Kameswar Rao and Manmeet Pritam Singh Arora observed that AIL failed to acquire proprietary rights over the mark after abandoning its trademark application and failed to establish commercial use, while KL's...
Corporates Have 'Lost Any Fear Of Consequences': Delhi High Court Denies Interim Relief In Trademark Dispute
The Delhi High Court has refused interim relief to More Than Water Private Limited, which sells packaged drinking water under the "MORE THAN WATERBOX" brand, in its trademark dispute with Nesco Limited, maker of "MY WATER BOX" packaged drinking water. The court held that More Than Water was not entitled to discretionary relief after relying on prima facie manipulated invoices and withholding material facts about its food safety license application. A division bench of Justice V. Kameswar Rao...
Delhi HC Holds Online Marketplace Access Creates Jurisdiction, Restores Radhey Krishna Trademark Suit
The Delhi High Court on 1 July restored a trademark infringement suit over the “RADHEY KRISHNA” agarbatti mark, holding that a Trial Court had wrongly returned the plaint for want of territorial jurisdiction despite evidence that the goods in question were listed on IndiaMart. A Division Bench of Justices C. Hari Shankar and Justice Om Prakash Shukla restored the suit filed by Rukhmani Keshwani, trading as “Vishwas Agarbatti Store,” against Raju Agarbatti Works, for adjudication on merits. It...
Delhi HC Holds Name Change Doesn't Nullify Arbitration Clause, Refers Newgen Dispute To Arbitration
On 1 July, the Delhi High Court referred a trademark infringement dispute between Newgen Software Technologies Ltd and Newgen IT Technologies Ltd, formerly known as Vcare Infotech Solutions and Services Pvt Ltd, to arbitration. A Division Bench of Justices C. Hari Shankar and Om Prakash Shukla set aside a Commercial Court order that had refused to refer the parties to arbitration, holding that a mere change in corporate name does not extinguish an arbitration clause in a subsisting agreement....
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...












