TRADEMARK
Bombay High Court Vacates Temporary Trademark Injunction Granted To Asian Paints Over Suppression
The Bombay High Court has recently vacated an ex-parte ad-interim injunction previously granted to Asian Paints Limited against Apex Metchem, holding that the company suppressed material facts, including the defendant's incorporation in 1995 and its use of the mark “APEX” as part of its trade name in relation to identical goods. Justice Sharmila U. Deshmukh, on March 30, 2026, observed that Asian Paints failed in its duty of full and fair disclosure by not specifically bringing to the Court's...
Delhi High Court Grants Temporary Injunction Against 'Bait-and-Switch' News Site Using TOI Mark
The Delhi High Court has restrained an infringing website (www.timesofindiaa.news & ors.) from using the “TIMES OF INDIA” and “TOI” marks, granting an ex-parte ad-interim injunction in favour of Bennett Coleman and Company Limited.On April 1, 2026, Justice Tushar Rao Gedela held that a prima facie case was made out in favour of the media house and that the balance of convenience lay in its favour. “The balance of convenience also appears to be tilted in favour of the plaintiff at this...
Delhi High Court Denies Interim Injunction In 'NATRAJ' Trademark Dispute, Calls It Family Ownership Row
The Delhi High Court has refused to grant an interim injunction in a trademark dispute over the “NATRAJ” mark used for saffron and edible silver foil, holding that the case arises from a family ownership conflict requiring trial and that no prima facie case for exclusive rights was made out. In an order delivered on March 28, 2026, Justice Tejas Karia observed, “The present case is not one where a stranger or an undisputed infringer is misusing Subject Mark. The present dispute is a dispute...
Bombay High Court Grants Interim Injunction To Sun Pharma, Restrains Zawadi From Using “PANTOZED-40”
The Bombay High Court on 1 April, granted an interim injunction in favor of Sun Pharma Laboratories Limited, restraining Zawadi Healthcare Limited from using the trademark “PANTOZED-40” for pharmaceutical preparations. Justice Sharmila U. Deshmukh held that Zawadi's mark was structurally, phonetically, and visually similar to Sun Pharma's registered mark “PANTOCID”, which has been in use since 1998. The Court observed: “The Defendants cannot claim balance of convenience in their favour as the...
Calcutta High Court Upholds Injunction In Favour Of Exide Industries In Battery Trade Dress Dispute
The Calcutta High Court has upheld an interim injunction in favour of Exide Industries Limited, holding that Amara Raja Energy and Mobility Limited's red trade dress for automotive batteries is prima facie deceptively similar in overall get-up and likely to mislead consumers. A Division Bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi, in a judgment delivered on April 02, 2026, dismissed an appeal filed by Amara Raja challenging the Single Judge's order granting interim relief in...
Delhi High Court Rejects Sujata Home Appliances Plea To Use 'SUJATA' As Corporate Name
The Delhi High Court has refused to allow Sujata Home Appliances (P) Ltd. to use the mark “SUJATA” as its corporate identity, holding that a limited exception granted in 2020 for specific products did not dilute the broader restraint under earlier orders. The suit was filed by Mittal Electronics, the registered proprietor of the “SUJATA” trademark. Sujata Home Appliances had approached the court seeking clarification of a September 9, 2020 order to permit use of “SUJATA” as its trade and...
Delhi High Court Bars Sale Of Water Purifiers Infringing 'KENT' Trademark And Design
The Delhi High Court has ruled in favour of Kent RO Systems Ltd., restraining several entities from making or selling water purifiers that infringe its “KENT” trademark and registered design. In a judgment delivered on March 13, 2026, Justice Jyoti Singh recorded that the defendants did not appear to contest the case and were proceeded against ex parte. The material placed on record, the Court noted, showed that the plaintiffs' marks and design had been copied. The court pointed out that...
Delhi High Court Denies Plea to Sell 'OLD FORESTER' Whiskey Seized For Trademark Infringement, Terms It Counterfeit
The Delhi High Court has refused to permit the sale of seized whiskey stocks bearing the trademark “OLD FORESTER”, holding that goods found in violation of trademark rights fall within the definition of “counterfeit liquor” under excise law. In an order delivered on April 2, 2026, Justice Tushar Rao Gedela dismissed an application by Brewholik Private Limited seeking to release 3,464 boxes of seized inventory and complete the importation of an additional 2,600 boxes to fulfill government...
Delhi High Court Injuncts 'HALESAGA' Mark, Finds It Similar To Saga Lifesciences' 'SAGA'
The Delhi High Court has granted an interim injunction in favour of Saga Lifesciences Limited, restraining Anaadi Global from using the mark 'HALESAGA / ' or any other mark deceptively similar to 'SAGA' for pharmaceutical and medicinal preparations. The court held that the rival mark is prima facie deceptively similar and likely to cause confusion. Justice Tejas Karia held that the defendants' mark incorporates the plaintiff's mark in its entirety and cannot be distinguished merely by...
Delhi High Court Restrains Intas 'Bevatas', Holds It Deceptively Similar To Sun Pharma's Cancer Drug 'Bevetex'
The Delhi High Court has granted a permanent injunction restraining Intas Pharmaceuticals Limited from using 'BEVATAS' for its cancer drug, finding it deceptively similar to Sun Pharma's 'BEVETEX', used to treat cancers such as breast and lung cancer.Justice Tejas Karia held that the rival marks are structurally and phonetically similar and likely to confuse consumers, particularly in the context of cancer drugs used to treat different kinds of cancers, where public health concerns demand a...
Delhi High Court Finds Mehra Brothers In Breach Of Settlement Concerning SUPERON Trademark
The Delhi High Court has found that brothers Sanjay Mehra and Sharad Mehra breached the court-recorded Terms of Settlement (family settlement) governing the “SUPERON” trademark, holding them guilty of wilful disobedience of the agreed intellectual property and territorial restrictions.The findings came on cross-contempt petitions filed by both sides, each accusing the other of violating the settlement. Consequently, it directed both of them to comply with the requirements of the...
Bombay High Court Refuses MINCO Injunction Against Sister Concern Over 13-Year Acquiescence
The Bombay High Court has dismissed an appeal by Minco India Private Limited, affirming a Single Judge's decision to deny an interim injunction against Minco India Flow Elements Private Limited, a company run by the appellant's director's brother. The court found that the plaintiff had been aware of the defendant's use of the “MINCO” mark since 2012 yet chose not to act for over 13 years. That prolonged inaction, the bench held, amounted to clear acquiescence, a complete defence in a trademark...