Showing posts with label Shiv Industries Vs Lifetime Care Kitchen Pvt. Limited. Show all posts
Showing posts with label Shiv Industries Vs Lifetime Care Kitchen Pvt. Limited. Show all posts

Monday, September 1, 2025

Shiv Industries Vs Lifetime Care Kitchen Pvt. Limited

Case Title: Shiv Industries Vs Lifetime Care Kitchen Pvt. Limited; Order Date: 20.08.2025; Case Number: CS(COMM) 491/2025; Name of Court: High Court of Delhi at New Delhi; Judge: Hon'ble Mr. Justice Tejas Karia.

Summary:
The case involves a dispute where the Plaintiff, M/S. Shiv Industries, alleges trademark infringement against the Defendants, Lifetime Care Kitchen Pvt. Limited and another. The Plaintiff claims proprietary rights over the trademark "Lifetime" with a registered device (Trademark Application No. 1342486 in Class 06) originally registered by Mr. Muniyappan K. Yadav and later assigned to the Plaintiff in August 2023. The Plaintiff has been using the mark extensively since 2013 for furniture fittings and other products, accumulating significant goodwill and sales, supported by a deed of assignment and trademark renewal until 2035.

The Defendants are accused of using confusingly similar trademarks "Lifetime Care" in relation to household and kitchen utensils, which overlaps with the Plaintiff’s product category and consumer base. Defendant No. 1 was incorporated by Defendant No. 2, who was formerly an employee and marketing executive at the Plaintiff's company. The Defendants filed trademark applications for similar marks during their employment or shortly after, and used a domain name similar to the Plaintiff's. The Plaintiff contends that this acts as an attempt to trade on their goodwill, causing potential confusion among consumers.

The Court issued summons to the Defendants and granted the Plaintiff leave to file additional documents and replication. It restrained the Defendants and their associates from using the impugned trademarks or any deceptively similar mark in connection with household or kitchen products, finding prima facie that the Defendants' use was likely to cause confusion and amounted to infringement and passing off.

The matter is listed for further proceedings with directions regarding pleadings, affidavits for admission/denial of documents, and compliance with procedural rules.

Disclaimer: The information shared here is intended to serve the public interest by offering insights and perspectives. However, readers are advised to exercise their own discretion when interpreting and applying this information. The content herein is subjective and may contain errors in perception, interpretation, and presentation.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi 

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