Author: ADVOCATE AJAY AMITABH SUMAN

Quantum Hi-Tech Merchandising Pvt. Ltd. Vs LG Electronics India Pvt. Ltd. & Ors. – Trademark Dispute Analysis Facts Quantum Hi-Tech Merchandising Pvt. Ltd., the appellant, instituted a suit before the District Judge Commercial Court-II, Shahdara, alleging that LG Electronics India Pvt. Ltd., LG Korea, and their Brand Store in Delhi infringed its registered trademarks and attempted to pass off their products as those of the appellant. The appellant sought a permanent injunction to restrain the respondents from using the marks QUANTUM, QUANTUM PLUS, QUANTUM DISPLAY, IPS QUANTUM, RGB QUANTUM, SMART QUANTUM, and G QUANTUM for their goods, arguing that these…

Facts The applicants, namely Arun R, Dinesh M, and M/s Espoirs Solution represented by its partner G. Lakshmi Prabha, instituted a commercial intellectual property suit in the Madras High Court against Ms Integray Health Care Private Limited and its promoters, alleging passing off in relation to the design and shape of a product described as a Carbon Fiber Cervical Extension device used in medical applications, and sought damages, accounts, delivery-up, recovery of dues, and return of a demonstration unit besides injunctive reliefs, in addition to addressing design-related issues linked to the respondent’s registered design bearing No. 400027-001 in the Designs…

Case Summary: Mohammad Talha Vs Karim Hotels Pvt. Ltd. Facts This case started when Karim Hotels Pvt. Ltd., a well-known restaurant chain from Old Delhi, learned in December 2020 about a restaurant named Gulshan-e-Karim running in Moradabad by Mohammad Talha. The word ‘Karim’ has long been associated with the Delhi-based restaurant established in 1913 by Haji Karimuddin, whose family had been royal cooks in the Mughal Empire. With a long history and many awards, the name ‘Karim’ became famous for Mughlai cuisine. Karim Hotels Pvt. Ltd. owns several registered trademarks for ‘KAREEM’ and ‘KARIM’ under various classes. Upon finding out…

Fact Summary The dispute is between Ifra Sheikh, acting through a power of attorney and trading as Rocket Bidi Works, and Ms Mobile Bidi Traders, a partnership firm. The plaintiff, Ms Mobile Bidi Traders, has been making, marketing, and selling handmade bidis and matchboxes since 2005 and claims to have a registered trademark “Online Bidi” (registered on 04.01.2020, application dated 31.08.2017) and copyright over its label design (registered 13.06.2024). The plaintiff asserts that the design and blue color scheme of its packaging—known as “Asmani Puda” in the market—sets its product apart, especially as consumers are mainly workers and laborers from…

Fact: NCLAT Case: Mr. Swapan Dey Vs Competition Commission of India The appellant, Mr. Swapan Dey, is a hospital CEO providing free dialysis services under the Pradhan Mantri National Dialysis Programme, who approached the Competition Commission of India alleging anti-competitive conduct by Vifor International AG concerning Ferric Carboxymaltose (FCM) injection used to treat iron deficiency anaemia common in dialysis patients and vulnerable populations, asserting that Vifor’s licensing and market practices made FCM inaccessible and unaffordable in India. Vifor, a Swiss company, held an Indian patent on the FCM molecule granted on 25.06.2008, which expired on 21.10.2023, and the company had…

Fact: Honasa Consumer Ltd. vs Cloud Wellness Pvt. Ltd. The Plaintiff, Honasa Consumer Limited, is engaged in the marketing and sale of beauty, skin care, personal care, and baby products, sold both in India and internationally. Defendant No. 1, Cloud Wellness Pvt. Ltd., operates in the same product segment, with Defendant No. 2 being one of its directors. The Plaintiff markets a product line under THE DERMA CO. brand, which uses a distinct visual identity involving unique color schemes, stylized layouts, and packaging termed as its “Subject Trade Dress”. The Defendants market products under DERMATOUCH, whose trade dress is alleged…

Factual Background This case arose out of a conflict between two entities engaged in manufacturing and marketing consumer goods, primarily involving the use of the word “TULIP” as a trademark. The appellant, Suparshva Swabs India, is a partnership firm engaged in manufacturing cotton buds, cotton balls, and allied products since 1999. The firm claimed that it had coined, adopted, and used the trademark “TULIPS” (word and device) continuously since that year and had obtained registrations under various classes of the Trade Marks Act, 1999. According to the appellant, the mark “TULIPS” had, over time, acquired substantial goodwill and reputation, not…

Factual Background This case centers around a trademark dispute in the Indian spices industry, where the petitioner, Mr. Ankit Batra, proprietor of M/s KD Industries, sought rectification and cancellation of the registered trademark ‘KEEP DEEP – KD MASALE’ owned by respondent Mr. Ravinder Kumar. The conflict arose over the use of the letters “KD”, which the petitioner claimed as the core part of his brand identity. The petitioner’s case was founded on long-standing use, reputation, and prior adoption of the trademark ‘KD’ and its label ‘KD Masale’. The petitioner asserted that his firm, M/s KD Industries, had been using the…

Factual Background This case arose from a conflict between M/s Caledon Technologies India Pvt. Ltd. (the petitioners) and Mr. Ashish Koruth Philip (the complainant), concerning ownership and control over an online domain name — routesrezworld.com — and allegations of cyber fraud and data misuse. The complainant, Mr. Philip, claimed that he personally purchased and registered the domain routesrezworld.com through GoDaddy.com on 28th October 2019, using his own HDFC Bank account, for a payment of ₹400.85. He alleged that the domain was never part of any intellectual property transfer agreement with the petitioners, as the agreements between the parties dated 7th…

Factual Background The dispute between the petitioner, Mr. Pradeep Bailey, and the respondent, Ms. Gilma Daniel, arose from a long-standing family property conflict concerning ownership and possession of a shop measuring 8’x10’ located at property No. WZ-5A/31, Vishnu Garden, New Delhi. The petitioner, Mr. Bailey, claimed to be the rightful owner of the property by virtue of documents executed by his late mother in 2003, while the respondent, his sister, asserted ownership on the basis of a prior Will dated 17th November, 1994. In 2021, Mr. Bailey filed a civil suit for recovery of possession, eviction, mesne profits, and injunction…