Global IP Cases Directory

Displaying cases 13101–13200 of 15,261 total decisions across India, European UPC, and US PTAB.

patent dismissed · Jul 8, 2019

Bharathi Consumer Care Products Pvt. Ltd. v.Mr.Suresh

Madras High Court · 125213253

Bharathi Consumer Care Products Pvt. Ltd. filed a suit against Mr. Suresh, alleging multiple infringements related to its detergent products. The plaintiff claimed that the defendant was infringing upon their registered trademark (XXX label) through manufacturing and distribution of similar goods, as well as committing copyright infringement regarding the artistic work on the packaging. Furthermore, the suit included claims of passing off based on trade dress similarity.

trademark mixed · Jul 8, 2019

Mylan Laboratories Limited v.Union Of India & Ors

Delhi High Court · 58294410

Mylan Laboratories Limited challenged an order that granted a patent for 'Methods of Evaluating Peptide Mixtures' after dismissing their pre-grant opposition. The petitioner sought urgent relief as the Intellectual Property Appellate Board (IPAB) was non-functional due to long-standing vacancies in its Technical Member positions, leading to a logjam of appeals. The Delhi High Court addressed this systemic issue by invoking the doctrine of necessity, ruling that IPAB can continue hearing urgent matters related to Patents, Trademarks, and Copyrights even with vacant technical posts.

patent plaintiff favorable · Jul 8, 2019

M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel v.Thalappakattu Briyani

Madras High Court · 24639387

The Madras High Court ruled in favor of the plaintiff, M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel, finding that the defendant's use of 'Thalappakattu Briyani' constituted passing off and trademark infringement. The court recognized the plaintiff's long-standing reputation and exclusive use of the name since 1957. Consequently, the suit was decreed, granting a permanent injunction against the defendant and awarding damages.

trademark defendant favorable · Jul 4, 2019

Palson Enterprises v.Kasi Group Of Companies

Madras High Court · 72377735

The Madras High Court dismissed the appeals filed by Palson Enterprises, upholding the Single Judge's decision to vacate the interim injunction. The court found that Palson had slept over the matter for eight months despite having knowledge of Kasi Group's use of the 'Kasi' name in their theatre business. While acknowledging the appellant's rights under the Trade Marks Act, the court held that issues of prior usage and comparative loss must be determined during a full trial, not at the interim stage.

trademark defendant favorable · Jul 3, 2019

Superon Schweisstechnik India Limited v.D & H India Limited

Delhi High Court · 11288158

The Delhi High Court addressed an appeal challenging an order that allowed a plaintiff's application to amend their plaint. The plaintiff sought to introduce facts regarding the earlier use of the trademark SUPERON by its parent group, Stanvac Chemicals India Limited, dating back to 1994. Despite arguments from the defendant claiming grave prejudice due to the change in user date, the court upheld the amendment order. The judgment emphasized that at the stage of considering an amendment, the court must not delve into the merits or correctness of the claims, provided the amendment is necessary for proper adjudication and is bona fide.

other plaintiff favorable · Jul 1, 2019

Pioneer Overseas Corporation v.Chairperson, Protection Of Plant Varieties and Farmers Rights and Ors.

Delhi High Court · 83741552

Pioneer Overseas Corporation challenged decisions made by the Protection of Plant Varieties and Farmers' Rights Authority regarding the registration of Kaveri Seeds Limited's maize variety KMH50. Pioneer claimed that KMH50 was identical to its own variety, 30V92, and alleged misappropriation of germplasm. The court set aside several impugned orders and restored Pioneer's application for a DNA profiling test.

copyright defendant favorable · Jul 1, 2019

Mrf Limited. v.Metro Tyres Limited.

Delhi High Court · 78110318

Mrf Limited filed a suit alleging that Metro Tyres Limited infringed its copyright by producing a similar advertisement for their tyres. The plaintiff claimed the defendant's ad was a substantial and material copy of their original cinematic work. However, the Delhi High Court found that after applying the R.G. Anand test, the two advertisements were neither substantially nor materially similar in substance or kernel. Consequently, the court dismissed the plaintiff's application for an interim injunction.

trademark mixed · Jul 1, 2019

Dongguan Tr Bearing Co. Ltd. v.M/s. Harman Overseas and Ors.

Bombay High Court · 76305576

The Bombay High Court addressed a Commercial IP Suit filed by Dongguan Tr Bearing Co. Ltd. against M/s. Harman Overseas and Ors. The court noted that both parties had initiated applications before the Intellectual Property Appellate Board (IPAB) seeking the rectification of each other's trademarks. Consequently, the judge stayed the ongoing suit until the outcomes of these parallel IPAB proceedings are determined.

patent plaintiff favorable · Jun 25, 2019

M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel v.Thalappakattu Chicken Briyani

Madras High Court · 123416305

The Madras High Court ruled in favor of M/s. Thalappakatti Naidu Ananda Vilas Biriyani Hotel against Thalappakattu Chicken Briyani for trademark infringement and passing off. The court found that the defendant's use of 'Thalappakattu' was phonetically and deceptively similar to the plaintiff's established brand, which had acquired distinctiveness through long-standing usage since 1984. Consequently, the suit was decreed, granting a permanent injunction and awarding damages.

patent plaintiff favorable · Jun 25, 2019

M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel v.Halal Thalappakattu Biriyani

Madras High Court · 7165671

The Madras High Court ruled in favor of M/s. Thalappakatti Naidu Ananda Vilas Biriyani Hotel against Halal Thalappakattu Biriyani for trademark infringement and passing off. The court found that the defendant's use of 'Halal Thalappakattu Biriyani' was phonetically and deceptively similar to the plaintiff's established brand, 'Thalappakatti Biriyani Hotel.' Consequently, the suit was decreed, granting a permanent injunction and awarding damages.

patent plaintiff favorable · Jun 25, 2019

M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel v.Thalappakattu Briyani Fast Food & Indian Chinese Thandoori

Madras High Court · 30642456

The Madras High Court ruled in favor of the plaintiff, M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel, finding that the defendant's use of 'Thalappakattu Briyani Fast Food & Indian Chinese Thandoori' constituted trademark infringement and passing off. The court held that the defendant willfully adopted a phonetically and deceptively similar name to capitalize on the plaintiff's established goodwill. Consequently, the suit was decreed, granting permanent injunction and awarding damages.

patent settled · Jun 24, 2019

Cavinkare Pvt.Limited v.M/S.Ribock Industries

Madras High Court · 57736595

Cavinkare Pvt.Limited filed a civil suit against M/S.Ribock Industries alleging multiple infringements, including unauthorized use of Cavinkare's registered trademark 'ZOYO,' copyright violation concerning the 'NYLE' label design, and passing off. The plaintiff sought permanent injunctions and an accounting of profits. Ultimately, both parties reached an amicable settlement, which was formally recorded by the Madras High Court and incorporated into the final judgment.

trademark defendant favorable · Jun 18, 2019

Flsmidth Private Limited v.Mr.S.Balaj Das

Madras High Court · 159564614

Flsmidth Private Limited filed a suit seeking permanent injunctions, damages, and accounts regarding alleged copyright infringement in engineering drawings and passing off related to its 'O-SEPARATOR' product. The core dispute revolved around whether the plaintiff had adequately established territorial jurisdiction for the Commercial Division of the Madras High Court against foreign respondents. The court ultimately held that the plaintiff failed to provide specific pleadings demonstrating how the defendants were amenable to the court's jurisdiction, leading to the dismissal of the appeals.

patent plaintiff favorable · Jun 18, 2019

Oramed Ltd. v.Union Of India & Ors.

Calcutta High Court (Appellete Side) · 98186932

Oramed Ltd. challenged a decision dated February 25, 2019, made under Section 15 of the Patents Act, 1970. The petitioner argued that the adjudicating authority erred by proceeding on Section 3(d) instead of Section 3(e), and that the order was based on conjectures rather than conclusive findings. The court found infirmities in the impugned order.

patent mixed · Jun 11, 2019

Anurag Sanghi v.M/S Knitpro International

Delhi High Court · 72948717

This Delhi High Court judgment addresses a request by Anurag Sanghi to consolidate several related intellectual property suits. The petitioner sought to have three separate suits—one for design infringement (CS 867/2018), one for passing off (TM No.178/2017), and one for copyright infringement (TM No.179/2017)—tried together in a single court. The Court held that since the causes of action are based on the same facts—the sale or offer for sale of rival knitting needles—they must be tried jointly to prevent multiplicity of proceedings, citing precedents like Carlsberg Breweries A/S.

trademark plaintiff favorable · Jun 10, 2019

Hindustan Unilever Ltd. v.Meera Soap Works

Bombay High Court · 132783800

Hindustan Unilever Ltd. filed a suit against Meera Soap Works alleging infringement of its copyrighted artwork and passing off related to its SUNLIGHT detergent label. The Bombay High Court granted leave under the Letters Patent Act, decreed the suit, and issued perpetual injunctions.

patent In favor of Plaintiff · May 31, 2019

Sterlite Technologies Limited v.Ztt India Private Limited

Delhi High Court · 100652936

The plaintiff has sued for a permanent injunction restraining the defendant from infringing its patents related to optical fibre technology. The court is considering interim arrangements to balance the rights of both parties until a final determination is made.

patent plaintiff favorable · May 30, 2019

Unilever Plc. v.Punjab Food Products

Bombay High Court · 137238409

Unilever Plc. filed suit against Punjab Food Products alleging infringement and passing off concerning its registered trade mark, FEAST. The Bombay High Court decreed the suit, granting perpetual injunctions against the defendant regarding the use of 'Choco FEAST' on frozen desserts. Furthermore, the Defendant was ordered to deliver up all infringing materials for destruction and agreed to pay Rs. 2 Lacs towards costs/damages.

patent plaintiff favorable · May 30, 2019

Mahindra & Mahindra Limited v.Gnanasekaran Paramsivan Trading as Mahindra Lifts and Anr.

Bombay High Court · 98259956

Mahindra & Mahindra Ltd filed a suit against Gnanasekaran Paramsivan for infringement of its registered trademarks, copyright, and passing off related to the mark 'MAHINDRA' and domain name www.mahindralifts.com. The Bombay High Court disposed of the suit by decreeing the prayers in favor of the Plaintiff, granting perpetual injunctions and ordering the destruction of infringing goods.

trademark mixed · May 30, 2019

M/S Allied Blenders And Distillers Pvt Ltd v.Amit Dahanukar & Anr

Delhi High Court · 187118618

The Delhi High Court addressed the defendant's attempt to dismiss the trademark infringement suit by arguing that the cause of action was barred under Order 2 Rule 2 CPC. The court found that since the alleged unauthorized use and infringement constituted a continuing cause of action, the earlier litigation did not bar the present suit. Consequently, the application for dismissal was dismissed, allowing the main IP dispute to proceed.

patent plaintiff favorable · May 28, 2019

Pentel Kabushiki Kaisha v.M/s Arora Stationers

Delhi High Court · 88670142

Pentel Kabushiki Kaisha filed suit against M/s Arora Stationers alleging fraudulent imitation of its registered pen design (Design No. 263172). The respondents challenged the validity and novelty of Pentel's design, claiming it was a combination of known designs. However, the High Court ruled in favor of Pentel, emphasizing that since the respondents themselves had applied for registration of a similar design, they could not simultaneously argue against its originality. Consequently, the court found a prima facie case of piracy and granted an interim injunction restraining the respondents from marketing the infringing product.

trademark plaintiff favorable · May 28, 2019

M/S Teleecare Network India Pvt Ltd v.M/S Asus Technology Pvt Ltd & Ors

Delhi High Court · 26917005

The Delhi High Court ruled in favor of Teleecare Network India Pvt Ltd, finding that Asus Technology and others had infringed upon its trademark rights through passing off. The court determined that the defendant's adoption of 'ZENFONE' was deceptive because it incorporated the plaintiff's dominant mark 'ZEN' for identical goods (mobile phones). Given the plaintiff's prior use, significant market reputation, and large advertising expenditure, the court granted a permanent injunction to prevent further misuse of similar marks.

patent plaintiff favorable · May 27, 2019

Unilever Plc v.Kanha Dairy and Food Products

Bombay High Court · P121854913

Unilever Plc filed a commercial IP suit against Kanha Dairy and Food Products alleging infringement and passing off related to the 'FEAST' trademark. The court granted leave under the Letters Patent Act, decreed the suit in favor of Unilever, and issued perpetual injunctions against the defendant.

trademark plaintiff favorable · May 27, 2019

Hindustan Unilever Limited v.Ahuvan Industries

Bombay High Court · P47875984

Hindustan Unilever Limited filed a commercial IP suit against Ahuvan Industries alleging infringement of its copyright in the SUNLIGHT label artwork and passing off through the use of deceptively similar trade dress and label marks by the Defendant's product, MEJOL. The Bombay High Court granted leave to appeal and decreed the suit.

patent plaintiff favorable · May 27, 2019

Unilever Plc v.L. N. Ice Mill

Bombay High Court · P118873191

Unilever Plc filed a commercial IP suit against L. N. Ice Mill alleging infringement and passing off related to its trade mark 'FEAST'. The court granted leave under the Letters Patent Act and decreed the suit, issuing perpetual injunctions against the use of the impugned mark 'CHOCO FEAST' and ordering the destruction of infringing materials.

patent plaintiff favorable · May 27, 2019

Unilever Plc v.Kanha Dairy and Food Products

Bombay High Court · P34961208

Unilever Plc filed a commercial IP suit against Kanha Dairy and Food Products alleging infringement and passing off related to the 'FEAST' trade mark. The court granted leave, decreed the suit, and issued perpetual injunctions restraining the defendant from using the impugned mark on their ice-creams and frozen desserts.

trademark plaintiff favorable · May 27, 2019

Hindustan Unilever Limited v.Ahuvan Industries

Bombay High Court · P121377290

Hindustan Unilever Limited filed a commercial IP suit against Ahuvan Industries alleging infringement of its copyrighted artwork and passing off related to its SUNLIGHT detergent brand. The court granted leave under the Letters Patent Act and decreed the suit, imposing perpetual injunctions on the defendant.

patent plaintiff favorable · May 27, 2019

Unilever Plc v.L. N. Ice Mill

Bombay High Court · P24884950

Unilever Plc filed a commercial IP suit against L. N. Ice Mill alleging infringement and passing off concerning its registered trade mark, FEAST. The court granted leave under the Letters Patent Act and decreed the suit in favor of Unilever.

patent plaintiff favorable · May 27, 2019

Unilever Plc v.L. N. Ice Mill

Bombay High Court · 85137446

Unilever Plc filed a commercial IP suit against L. N. Ice Mill alleging infringement and passing off related to its trade mark 'FEAST'. The court granted perpetual injunctions restraining the defendant from manufacturing or selling products under the impugned mark 'CHOCO FEAST' or any deceptively similar mark, and ordered the destruction of all infringing materials.

trademark plaintiff favorable · May 27, 2019

Hindustan Unilever Limited v.Ahuvan Industries

Bombay High Court · 134650245

Hindustan Unilever Limited filed a commercial IP suit against Ahuvan Industries alleging infringement of its copyrighted artwork (SUNLIGHT) and passing off through the use of deceptively similar labels and trade dress (MEJOL). The Bombay High Court granted leave to appeal, decreed the suit in favor of the plaintiff, and issued perpetual injunctions.

patent plaintiff favorable · May 27, 2019

Unilever Plc v.Kanha Dairy and Food Products

Bombay High Court · 166229056

Unilever Plc filed a Commercial IP Suit against Kanha Dairy and Food Products alleging infringement and passing off related to the 'FEAST' trademark. The court granted leave under the Letters Patent Act and decreed the suit, restraining the defendant from using the infringing mark and ordering the destruction of all related materials.

patent plaintiff favorable · May 24, 2019

Rallis India Limited v.Rallis Pharmaceuticals & Anr.

Bombay High Court · 160858044

Rallis India Limited filed a suit against Rallis Pharmaceuticals & Anr. alleging infringement and passing off related to the use of the trade mark 'RALLIS' in medicinal preparations, website domains, and business names. The court decreed the suit, granting perpetual injunctions against the defendants and ordering them to transfer the infringing domain name.

patent plaintiff favorable · May 24, 2019

Unilever Plc v.Deluxe Ice Cream Factory

Bombay High Court · 71274034

Unilever Plc filed a suit against Deluxe Ice Cream Factory alleging infringement and passing off related to its well-known trademarks, specifically FEAST and CORNETTO. The court granted perpetual injunctions restraining the defendant from using deceptively similar marks like CHOCO FEAST, CONATTO, and CONETO in relation to ice creams and frozen desserts.

patent plaintiff favorable · May 21, 2019

Hindustan Unilever Limited v.Halberd Chemicals

Bombay High Court · P128587171

Hindustan Unilever Limited filed a suit against Halberd Chemicals alleging infringement of its copyrighted artistic packaging/trade dress, registered trademarks (Nos. 1486109, 1780462, 1486107), and passing off using its well-known logo. The Bombay High Court decreed the suit in favor of the Plaintiff.

patent plaintiff favorable · May 21, 2019

Hindustan Unilever Limited v.Halberd Chemicals

Bombay High Court · 43040042

Hindustan Unilever Limited filed a commercial IP suit against Halberd Chemicals alleging infringement of its copyrighted artistic packaging/trade dress and registered trademarks. The Bombay High Court granted leave under the Letters Patent Act and decreed the suit, granting perpetual injunctions against the defendant for infringing these rights and passing off.

patent plaintiff favorable · May 20, 2019

Unilever Plc. v.Masqati Dairy Products

Bombay High Court · P89687392

Unilever Plc. filed a commercial IP suit against Masqati Dairy Products regarding the alleged infringement and passing off related to its registered trade mark 'FEAST'. The court granted leave under Clause XIV of the Letters Patent Act and decreed the suit in favor of Unilever.

patent plaintiff favorable · May 20, 2019

Unilever Plc. v.Masqati Dairy Products

Bombay High Court · 56636979

Unilever Plc. filed a commercial IP suit against Masqati Dairy Products alleging infringement and passing off related to its trade mark 'FEAST'. The court granted leave and decreed the suit, restraining the defendant from using the similar mark 'CHOCO FEAST' in relation to frozen desserts.

patent settled · May 16, 2019

Sulphur Mills Limited v.Crop Life Science Limited

Madras High Court · 15279565

Sulphur Mills Limited filed a suit against Crop Life Science Limited alleging infringement of its patented agricultural composition (Patent No. 282429). The parties subsequently reached a compromise and settled their disputes before the Madras High Court.

patent remanded · May 16, 2019

The Regents Of The University Of California v.Union Of India & Ors.

Delhi High Court · 130115865

The petitioner challenged the Assistant Controller's decision to reject its patent application for 'Enzalutamide', citing lack of inventive steps. The petitioner further argued that the rejection was vitiated because the Controller failed to address or refer to crucial expert affidavits and scientific documents presented during the proceedings.

patent plaintiff favorable · May 15, 2019

Unilin Beheer B.V. v.Balaji Action Buildwell

Delhi High Court · 32843384

The plaintiff filed a suit for permanent injunction against infringement of Patent No.193247, but since the patent had lapsed, the suit was pursued only for damages. The defendant filed a Counter Claim seeking revocation of the subject patent. The core legal issue addressed by the court was whether the written statement to the Counter Claim could be taken on record despite not being accompanied by an affidavit of admission/denial within the stipulated time.

patent mixed · May 15, 2019

Dayco Ip Holdings Llc v.Mago Gurupriit S, Prop. Jay Kay International

Bombay High Court · 76965155

The Bombay High Court addressed a Notice of Motion concerning the non-compliance by the defendant with specific terms outlined in prior Consent Terms. The court directed the defendant, Mago Gurupriit S., to adhere strictly to the agreed-upon obligations, which included destroying all infringing goods and packaging bearing the plaintiff's marks, as well as unconditionally canceling his relevant trademark registration (No. 3082945). This ruling underscores the importance of adhering to court-mandated settlement terms in IP disputes.

trademark plaintiff favorable · May 14, 2019

Cedar Properties & Trading Llp & Ors. v.Hab Pharmaceuticals & Research Limited & Ors.

Delhi High Court - Orders · 77716056

The Delhi High Court granted a temporary injunction in favor of Cedar Properties & Trading LLP against Hab Pharmaceuticals & Research Limited. The plaintiffs claimed that the defendants were using the deceptively similar trademark 'DROTIOST' for pharmaceutical preparations, infringing upon their registered mark 'DROTIN'. Given the potential for consumer confusion in the medical field, the court restrained the defendant from manufacturing or selling products under the impugned mark until further hearing.

patent plaintiff favorable · May 13, 2019

Unilever Plc v.Preeti Ice Creams

Bombay High Court · P112270308

Unilever Plc filed a commercial IP suit against Preeti Ice Creams alleging infringement and passing off related to the trade mark 'FEAST'. The Bombay High Court granted leave under the Letters Patent Act and decreed the suit in favor of Unilever.

patent plaintiff favorable · May 13, 2019

Unilever Plc v.Preeti Ice Creams

Bombay High Court · P167450722

Unilever Plc filed a commercial IP suit against Preeti Ice Creams alleging infringement and passing off related to the trade mark 'FEAST'. The Bombay High Court granted leave under the Letters Patent Act and decreed the suit in favor of Unilever.

trademark interim order · May 13, 2019

Hindustan Unilever Ltd. v.Mak Traders

Bombay High Court · 69510312

This notice of motion pertains to an ongoing Commercial IP Suit where Hindustan Unilever Ltd. sought protection for its distinctive SURF EXCEL trade dress against Mak Traders' competing detergent products. The court granted an ad-interim injunction restraining the defendant from using any trade dress or mark deceptively similar to the Plaintiff's.

patent plaintiff favorable · May 13, 2019

Unilever Plc v.Preeti Ice Creams

Bombay High Court · 125803637

Unilever Plc filed a commercial IP suit against Preeti Ice Creams alleging infringement and passing off related to the trade mark 'FEAST'. The court granted leave under the Letters Patent Act and decreed the suit, imposing perpetual injunctions on the defendant.

patent plaintiff favorable · May 10, 2019

M/S. Lucky Exports v.The Controller Of Patents And Designs & Ors.

Calcutta High Court · 7307276

M/S. Lucky Exports challenged an order rejecting its appeal against the cancellation of Design No. 202108, which covered a 'Coaster Brake Sub Assembly'. The core dispute revolved around whether this mechanical component was purely functional and therefore ineligible for design registration, or if it possessed sufficient aesthetic features to qualify. The court examined arguments regarding prior publication and novelty, ultimately allowing the appeal by setting aside the impugned order.

trademark plaintiff favorable · May 10, 2019

Hindustan Unilever Limited v.Anil Chemicals

Bombay High Court · 173090348

Hindustan Unilever Limited filed a suit against Anil Chemicals alleging infringement of its copyrighted artistic labels (WHEEL) and passing off through the use of deceptively similar artworks/trade dress (SURYA) on detergent products. The parties reached a settlement, leading to the court decreeing the suit.

patent plaintiff favorable · May 10, 2019

Amrit B Sanghavi v.Dhanraj Surana

Bombay High Court · 3291416

The suit involved a dispute over trademark infringement and passing off. The court granted permanent injunctions restraining the defendants from infringing the plaintiff's registered mark 'ITONE' with the use of 'DITONE', and also restrained them from passing off the plaintiff's goods.

patent defendant favorable · May 10, 2019

International Cycle Gears v.The Controller Of Patents And Designs & Ors.

Calcutta High Court · 189387766

The petitioner appealed against the Controller's order allowing the cancellation of Design No. 201728 for a 'Coaster Brake Hub'. The appeal argued that the design was significantly different from known models, particularly those published in February 2005. However, the High Court upheld the Controller's finding, concluding that the design lacked novelty and originality as it was substantially identical to prior publications.

patent plaintiff favorable · May 10, 2019

Ultratech Cement Limited v.Hari Om Plasters

Bombay High Court · 5938396

Ultratech Cement Limited filed a suit against Hari Om Plasters alleging trademark infringement concerning various 'BIRLA' branded products. The court, after reviewing the site report and inventory of seized goods, granted leave to the plaintiffs. Crucially, the court passed a temporary order restraining the defendants from using any mark identical or deceptively similar to the registered 'BIRLA' trademarks, including specific variants like 'BIRLA WHITE' and 'BIRLA PLUS', pending the final hearing of the suit.

trademark interim order · May 9, 2019

Hindustan Unilever Limited v.Mak Traders

Bombay High Court · 199931077

Hindustan Unilever Limited filed a Commercial IP Suit against Mak Traders alleging infringement and passing off related to their detergent preparations. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an ad-interim injunction.

trademark interim order · May 7, 2019

Asian Paints Limited v.Rainbow Colours Co. and others

Bombay High Court · 120231871

Asian Paints Limited filed a Commercial IP Suit against Rainbow Colours Co. and others alleging infringement of its distinctive trademarks and trade dress related to wall primers. The Bombay High Court granted leave under the Letters Patent Act and passed an order granting an interim injunction.

trademark interim order · May 7, 2019

Asian Paints Limited v.Phinex Paints and Polychem Industries

Bombay High Court · 47281048

Asian Paints Ltd filed a Commercial IP Suit against Phinex Paints and Polychem Industries alleging trademark infringement and passing off. The Bombay High Court granted leave under the Letters Patent Act and passed an order granting an interim injunction.

patent defendant favorable · May 6, 2019

Relaxo Footwears Limited v.Aqualite India Ltd.

Delhi High Court · 6280206

Relaxo Footwears Limited filed a suit seeking permanent injunction against Aqualite India Ltd. for allegedly infringing its registered footwear design No.294938. The core dispute revolved around whether the defendant's product was an obvious or fraudulent imitation of the plaintiff's protected design. During the interim application, the court directed a market survey which revealed numerous third-party products with near identical designs available in the market.

patent plaintiff favorable · May 6, 2019

Eisai Co. Ltd. v.Satish Reddy

Delhi High Court · 97626667

The plaintiffs, holding exclusive rights to Indian Patent No. 215528 for Lorcaserin, filed a suit seeking permanent and interim injunction against the defendants who were planning to commercialize an infringing drug (LHH). The court found that there was a prima facie case of infringement in favor of the plaintiff.

trademark plaintiff favorable · May 2, 2019

Metro Brands Limited v.Reliance Retail Limited

Bombay High Court · 161536554

The Bombay High Court passed an order by consent in a Commercial IP Suit concerning trademark infringement and passing off. The court granted permanent injunctions against Defendant Nos. 1 and 2, restraining them from infringing or passing off the Plaintiff's registered METRO marks. Additionally, Defendants Nos. 1 and 2 were directed to pay costs of Rs. 10 Lakhs.

trademark interim order · Apr 25, 2019

Hotel Panchavati v.Hotel Panchawati

Bombay High Court · 98211141

The Plaintiffs filed a commercial IP suit against the Defendants alleging infringement of their well-known PANCHVATI trademarks in the hospitality sector. The court granted leave under Clause XIV of the Letters Patent Act and passed an interim order restraining the defendants from using the infringing marks and domain names.

patent plaintiff favorable · Apr 22, 2019

Hindustan Unilever Limited v.Shree Shyam Udyog and Ors.

Bombay High Court · P120147074

Hindustan Unilever Limited filed a suit against Shree Shyam Udyog for infringing its registered trade marks (SUNLIGHT) and copyrighted artistic packaging/trade dress. The court granted leave under Clause XIV of the Letters Patent Act and decreed the suit.

patent plaintiff favorable · Apr 22, 2019

Hindustan Unilever Limited v.Shree Shyam Udyog and Ors.

Bombay High Court · P193207514

Hindustan Unilever Limited filed a commercial IP suit against Shree Shyam Udyog for infringement and passing off. The court granted leave under Clause XIV of the Letters Patent Act and decreed the suit, granting permanent injunctions.

patent mixed · Apr 22, 2019

Bayer Corporation v.Union Of India & Ors.

Delhi High Court · 85364944

This judgment addresses the interpretation of Section 107A of the Patents Act, 1970, commonly known as the Bolar provision. The court examined whether patented products could be exported for clinical trials and regulatory submissions outside India without constituting patent infringement. The bench affirmed that sale or use under Section 107A is legal both domestically and abroad, provided the end purpose is reasonably related to research and development for regulatory compliance. Furthermore, the judgment clarified that disputes regarding the legitimate scope of this exemption should be adjudicated in civil suits rather than public law proceedings like writ petitions.

patent plaintiff favorable · Apr 22, 2019

Hindustan Unilever Limited v.Shree Shyam Udyog and Ors.

Bombay High Court · 104271646

Hindustan Unilever Limited filed a commercial IP suit against Shree Shyam Udyog for infringing its trade marks (SUNLIGHT) and copyrights related to detergent packaging. The court granted leave under the Letters Patent Act and decreed the suit, issuing permanent injunctions.

trademark interim order · Apr 19, 2019

Ceat Limited v.Ambika Rubber Industries and others

Bombay High Court · 16201785

The petitioner, Ceat Limited, filed a suit alleging infringement of its trademark CEAT and copyright in its original artistic work and trade dress. The court had previously granted ex-parte ad-interim relief. On this date, the defendants repeatedly failed to file their affidavits or appear before the court despite multiple adjournments, leading the court to pass an order directing them to appear on a specific future date while continuing the existing interim orders.

patent settled · Apr 16, 2019

Retail Royalty Company and AEO Management Co. v.BV Quality Certification Private Limited and Kesharia Agencies (Madras)

Madras High Court · 72692128

This civil suit was filed by Retail Royalty Company and AEO Management Co. against BV Quality Certification Private Limited and Kesharia Agencies (Madras) seeking perpetual injunctions for infringing their registered mark 'Eagle' and committing copyright violations. The plaintiffs sought relief including damages, surrender of materials, and a preliminary decree for accounts of profits. However, the parties subsequently reached an amicable settlement.

trademark interim order · Apr 16, 2019

Sun Pharma Laboratories Limited v.Madhusudan Pharmaceutical Agency and another

Bombay High Court · 93414853

Sun Pharma Laboratories Limited filed a commercial IP suit against Madhusudan Pharmaceutical Agency and others alleging infringement of its registered trade mark 'PANTOCID-DSR'. The court granted leave under Clause XIV of the Letters Patent Act and passed an interim order restraining the defendants from dealing in products bearing the impugned trademark.

patent plaintiff favorable · Apr 16, 2019

Hindustan Unilever Ltd. v.Jayalakshmi Enterprises

Bombay High Court · 34886729

Hindustan Unilever Ltd. filed a commercial IP suit against Jayalakshmi Enterprises alleging infringement of its trademarks, copyrights, and trade dress concerning its detergent products. The court granted the injunctions sought by the plaintiff, restraining the defendant from using infringing marks or artwork.

trade-secret interim order · Apr 16, 2019

Piramal Enterprises Limited v.Chemiloids and others

Bombay High Court · 23237558

The dispute concerns the alleged unauthorized use of confidential information, specifically a Standard Operating Procedure (SOP), by Chemiloids and others in the process of extracting SI containing X-X% of 7-HF. The court appointed the Department of Chemical Engineering, IIT Madras, as an Expert Commissioner to compare the processes used by both parties.

patent plaintiff favorable · Apr 16, 2019

Triumphant Institute Of Management Education Pvt Ltd v.Time Plus Institute & Anr

Delhi High Court · 83224408

The Delhi High Court granted an ad-interim injunction in favor of Triumphant Institute Of Management (T.I.M.E.) against Time Plus Institute, recognizing the strong likelihood of trademark infringement and passing off. The court found that the respondent's use of similar marks was likely to deceive the public and dilute T.I.M.E.'s established goodwill in the coaching industry. Furthermore, a local commissioner was appointed to seize infringing materials, reinforcing the protection of T.I.M.E.'s statutory and common law rights.

patent plaintiff favorable · Apr 15, 2019

Nuvoco Vistas Corporation Limited v.Jk Lakshmi Cement Limited & Anr

Delhi High Court · 103524750

The Delhi High Court confirmed the existing ex parte ad interim injunction in favor of Nuvoco Vistas Corporation Limited, which was seeking relief for trademark infringement and passing off. The court dismissed the defendants' application to vacate the order, primarily based on the principle that the defendants themselves had applied for registration of a similar mark (CONCRETA). This ruling reinforces the legal doctrine against 'approbation and reprobation,' preventing parties from contradicting their own prior actions in litigation.

patent defendant favorable · Apr 12, 2019

Speciality Restaurants Limited v.Deepika Hospitalities Pvt.Ltd.

Bombay High Court · 141965828

Speciality Restaurants Limited filed a suit against Deepika Hospitalities Pvt. Ltd. regarding alleged trademark infringement. The court disposed of the suit and notice of motion based on minutes of order, accepting undertakings from the defendants.

patent dismissed · Apr 10, 2019

Flexituff International Ltd v.M/S Tirupati Sprinklers

Rajasthan High Court - Jaipur · 84872748

The plaintiff sued the defendant alleging infringement of its registered dripper design. The plaintiff claimed exclusive rights over the design developed since 2010. The defendant countered that the design was generic, not novel, and had been obtained from a third party (Mr. Uri Alkalay) prior to registration. The court dismissed both injunction applications.

copyright plaintiff favorable · Apr 10, 2019

Utv Software Communication Ltd. v.1337X.To and others

Delhi High Court · 47479491

The Delhi High Court addressed multiple suits concerning the unauthorized streaming and distribution of copyrighted cinematograph works on various websites. The court found that the defendant-websites were infringing upon the plaintiffs' copyrights.

patent plaintiff favorable · Apr 10, 2019

Pharmacosmos Holding A/S v.La Renon Healthcare Private Limited & Anr

Delhi High Court · 120715758

Pharmacosmos Holding A/S filed a suit for infringement against La Renon Healthcare Private Limited and others regarding Patent No. 291100 ('RAPIFER'). The court granted permanent injunction against Defendant No. 1 based purely on the defendant's binding statement, despite disputes over the plaint's merits. Similarly, the suit against Defendant No. 2 (Corona Remedies Pvt. Ltd.) was disposed of by binding them to their reply stating they were not infringing.

patent remanded · Apr 5, 2019

Natco Pharma Ltd v.Union Of India & Ors.

Calcutta High Court (Appellete Side) · 177457205

Natco Pharma Ltd challenged the actions of the Controller regarding a pending patent application (No. 3865/KOLNP/2007). The petitioner argued that since the Controller had reserved judgment without deciding on their request for cross-examination, they would be seriously prejudiced if the patent was granted without hearing their objections fully. The Court ruled that in adversarial proceedings before the Controller, the right to cross-examine is an indefeasible right under natural justice.

patent plaintiff favorable · Apr 5, 2019

J. C. Bamford Excavators Ltd v.Union Of India And Ors.

Delhi High Court · 113315225

The petitioner challenged the Deputy Controller of Patents and Designs' order that revoked Patent No. 251037, citing lack of disclosure regarding ongoing civil suit and a PCT application in Australia. The court found the revocation unjustified, noting that the civil dispute had settled and the respondent had withdrawn the post-grant opposition.

patent mixed · Apr 5, 2019

D. Baskaran v.The Deputy Registrar Of Trade Marks & The Registrar of Trade Marks

Madras High Court · 27167265

This Madras High Court judgment addressed a dispute over the lapsed registration of the 'TAJMAHAL' trade mark. The petitioner sought directions to compel the Trade Mark Registry to accept his renewal application, which had been refused due to the lapse of time. The court ruled that mere expiration is insufficient for removal; the statutory procedure, specifically issuing Form O-3 notice under Section 25(3) of the Trade Marks Act, must be followed scrupulously before a mark can be removed from the register.

trademark defendant favorable · Apr 5, 2019

Elder Projects Ltd. & Anr. v.Elder Pharmacia Llp & Ors.

Delhi High Court · 186934531

The Delhi High Court dismissed the suit filed by Elder Projects Ltd. against Elder Pharmacia LLP, finding that the claim of passing off lacked a genuine cause of action. The court relied heavily on evidence provided by the plaintiff's Managing Director, which revealed that the plaintiff had previously claimed rights over the 'ELDER' trademark based on mistaken advice and was not the registered proprietor. Consequently, the interim ex-parte injunction granted to the plaintiff was vacated, marking a significant setback for Elder Projects Ltd.

patent plaintiff favorable · Apr 4, 2019

Dart Industries Inc. v.K.K.Plastics

Madras High Court · 101728377

Dart Industries Inc. filed a civil suit against K.K.Plastics and others, alleging infringement of its registered bottle and cap designs (Registration Nos. 221424 and 221425) and passing off related to its 'Aquasafe' brand. The plaintiffs sought permanent injunctions against the defendants for manufacturing or selling imitative products. Given that the defendants failed to appear and contest the suit, the Madras High Court passed a summary judgment in favor of Dart Industries Inc., confirming the infringement claims.

patent plaintiff favorable · Apr 2, 2019

Kesari Trust v.Kesari Tours and Travels

Bombay High Court · P35010711

The plaintiffs filed a commercial IP suit against the defendant alleging infringement and passing off related to the use of the mark 'KESARI'. The court decreed the suit, granting perpetual injunctions against the defendant for using the mark in relation to various businesses.

patent plaintiff favorable · Apr 2, 2019

Kesari Trust v.Kesari Tours and Travels

Bombay High Court · P104976236

The plaintiffs filed a commercial IP suit against the defendant alleging infringement and passing off related to the use of the mark 'KESARI'. The court decreed the suit, granting perpetual injunctions against the defendant for using the mark in relation to various businesses.

patent settled · Apr 2, 2019

M/s.Kaleesuwari Refinery Private Limited v.M/s.ALAMELU MANGA OIL COMPANY

Madras High Court · 190748447

M/s.Kaleesuwari Refinery Private Limited filed a civil suit against M/s.ALAMELU MANGA OIL COMPANY alleging infringement of its registered copyright (A-68242/2005) and trademark ('Gold Winner'). The plaintiff claimed the defendant was using deceptively similar trade dress, color scheme, and get up with the mark 'SUN F GOLD' on packing material for refined sunflower oil. Although the suit sought permanent injunctions and accounts of profits, the parties ultimately entered into a compromise.

trademark plaintiff favorable · Apr 2, 2019

Tata Sky Limited v.National Internet Exchange Of India (NIXI)

Delhi High Court · 178116289

Tata Sky Limited filed suit seeking permanent injunction against an individual (D-3) for passing off the 'TATA SKY' trade mark, and mandatory injunctions against NIXI (D-1) and GoDaddy (D-2) to prevent or extinguish deceptively similar domain names. The court granted decrees in favor of Tata Sky Limited against D-3, ordering permanent injunction, and against D-1 and D-2, directing the extinguishment of specific listed domain names.

trademark interim order · Apr 2, 2019

Ceat Limited v.Ambika Rubber Industries And 2 Ors.

Bombay High Court · 76318642

Ceat Limited filed a Commercial IP Suit against Ambika Rubber Industries and others alleging trademark infringement and passing off related to tyre tubes and automobile industry goods. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an order granting an interim injunction restraining the defendants from using marks or trade dress deceptively similar to Ceat's.

patent plaintiff favorable · Apr 2, 2019

Kesari Trust v.Kesari Tours and Travels

Bombay High Court · 4293850

The plaintiffs filed a commercial IP suit against the defendant alleging infringement and passing off related to the use of the mark 'KESARI'. The court decreed the suit, granting perpetual injunctions against the defendant for using the mark in relation to travel, tourism, forex, and advertising businesses.

trademark interim order · Apr 1, 2019

Donato Styling Products v.Celine Health Care Private Limited

Bombay High Court · 122366374

Donato Styling Products filed a Commercial IP Suit alleging trademark infringement and passing off by Celine Health Care Private Limited. The court granted leave to the petitioner and subsequently passed an interim order granting a temporary injunction against the defendants regarding the use of similar trademarks.

patent mixed · Mar 29, 2019

Supreme Agrofoods Pvt. Ltd. v.Union Of India

Delhi High Court · 169734882

Supreme Agrofoods Pvt. Ltd. sought judicial direction from the Delhi High Court to compel the Union of India (Trademark Registry) to accept the renewal and/or restoration of its registered trademark, No. 1235463. The court disposed of the writ petition by allowing the petitioner a four-week window to submit the necessary renewal request along with the required restoration fee. This order clarifies that once submitted, the Trademark Registry will consider the application according to law.

trademark interim order · Mar 28, 2019

Kewal Kiran Clothing Limited v.Rupam Garments

Bombay High Court · 193134348

The Bombay High Court addressed a Notice of Motion concerning allegations of infringement and passing off. The Defendant failed to appear before the court, leading the court to issue a bailable warrant against the proprietor of Rupam Garments. The existing ad-interim order was directed to continue.

trademark interim order · Mar 26, 2019

Hindustan Unilever Limited v.Jms Industries

Bombay High Court · P442439

Hindustan Unilever Limited filed a Commercial IP Suit against JMS Industries regarding alleged trademark infringement and passing off related to detergent products. The court granted leave under Clause XIV and issued an interim injunction restraining the Defendant from using the mark SARAF or the SPLAT Device in relation to its detergent preparations.

trademark interim order · Mar 26, 2019

Hindustan Unilever Limited v.Jms Industries

Bombay High Court · 57102240

Hindustan Unilever Limited filed a Commercial IP Suit against JMS Industries concerning trademark infringement and passing off related to detergent preparations. The court granted leave under Clause XIV of the Letters Patent Act and issued an interim injunction restraining the defendant from using the mark SARAF or the SPLAT Device in connection with similar goods.

trademark defendant favorable · Mar 26, 2019

Surya Food And Agro Limited v.Om Traders & Anr.

Delhi High Court · 83761276

The Delhi High Court dismissed Surya Food And Agro Limited's suit against Om Traders and others, which alleged passing off based on similar packaging trade dress. The court found that despite the plaintiff's claims regarding distinctive packaging for 'BUTTER DELITE,' there was no sufficient similarity or likelihood of confusion with the defendant's product, 'BUTTER KRUNCH.' The judgment emphasized consumer perception principles (Gestalt Psychology), concluding that consumers recall products holistically rather than focusing on minute details of the packaging.

copyright defendant favorable · Mar 25, 2019

Achla Sabharwal v.A. Saptrishi Films & Ors.

Delhi High Court · 60031751

This appeal challenged an order directing the plaintiff's plaint back to be filed in a competent jurisdiction. The core dispute revolved around the exclusive ownership and jurisdiction rights concerning the film 'BETI No.1'. While the appellant claimed sole copyright ownership based on an agreement, the respondents relied heavily on a clause stipulating that all disputes must be heard exclusively by courts in Mumbai. The Delhi High Court ultimately upheld the trial court's order.

patent settled · Mar 25, 2019

M/s.Kaleesuwari Refinery Private Limited v.M/s.Lakshmi Traders

Madras High Court · 90850349

M/s.Kaleesuwari Refinery Private Limited filed a civil suit against M/s.Lakshmi Traders alleging infringement of its registered copyright (A-68242/2005) and trademark ('Gold Winner'). The plaintiff claimed the defendant was deceptively using similar trade dress and color schemes on packaging for refined sunflower oil. However, during the proceedings, both parties reached a compromise. The court subsequently decreed the suit based on the Joint Memo of Compromise, ensuring the defendant would cease using the offending mark.

patent interim order · Mar 25, 2019

Metro Brands Ltd. v.Metro Footwear

Bombay High Court · 177689398

The Plaintiff filed a Commercial IP Suit alleging that the Defendant was infringing its registered trademark 'METRO' and engaging in passing off. The Court found prima facie satisfaction regarding the infringement and granted ad-interim relief.

trademark interim order · Mar 25, 2019

Hindustan Unilever Limited v.Burdwan Soap Works

Bombay High Court · 195698438

Hindustan Unilever Limited filed a Commercial IP Suit against Burdwan Soap Works alleging trademark infringement and passing off related to their detergent powder products. The court granted an interim order, reinforcing existing reliefs and issuing further restraints on the Defendant's business practices.

trademark interim order · Mar 25, 2019

Kewal Kiran Clothing Limited v.Rupam Garments

Bombay High Court · 68253361

The plaintiff filed a Commercial IP Suit against the defendant regarding passing off. The court directed the defendant to appear in person along with invoices, and while the defendant failed to appear, the court reiterated that the earlier ad-interim order would continue.

trademark mixed · Mar 25, 2019

Roopak Stores Pvt. Ltd. v.Roopaks Pik-N-Pay

Delhi High Court · 47486622

The Delhi High Court addressed an injunction application filed by Roopak Stores Pvt. Ltd. against Roopaks Pik-N-Pay regarding alleged trademark infringement of 'ROOPAK'. While the plaintiffs sought a complete restraint, the court acknowledged the defendants' long-standing use of the mark since 1994 and noted unexplained delay in filing the suit (2017). Consequently, instead of granting an outright injunction, the Court ordered the defendants to cease using variants of the mark while simultaneously mandating them to file detailed accounts from 1993-94 to facilitate a fair trial.

trademark mixed · Mar 19, 2019

Shyam Steel Industries Limited v.Shyam Sel And Power Limited & Anr.

Calcutta High Court · 10894747

Shyam Steel Industries Limited filed a suit against Shyam Sel And Power Limited & Anr. alleging infringement of trademark and passing off. The Calcutta High Court accepted the plaint, noting that no leave was required under Clause 12 of the Letters Patent, 1865. Given concerns about potential concealment of infringing products, the court dispensed with mediation provisions.

trademark interim order · Mar 18, 2019

Kewal Kiran Clothing Limited v.Rupam Garments

Bombay High Court · 96677421

The petitioner filed a Notice of Motion against the respondent in the Commercial Division of the Bombay High Court. The court granted leave and directed the defendant to appear on a specific date along with relevant invoices, while maintaining the existing interim protection.

patent plaintiff favorable · Mar 18, 2019

Gopal Ji Gupta v.Union Of India & Anr

Delhi High Court · 136684572

The Delhi High Court ruled in favor of Gopal Ji Gupta regarding the renewal of his trademark 'BINACA'. The court held that since the Registrar failed to issue mandatory notice (Form O-3) before the mark was removed from the register, the rejection of the renewal application as time-barred was legally flawed. Consequently, the respondents were directed to consider the petitioner's renewal request, provided late fees are paid.

patent plaintiff favorable · Mar 13, 2019

Merck Sharp & Dohme Corp v.Union Of India

Calcutta High Court (Appellete Side) · 154274682

Merck Sharp & Dohme Corp challenged an order by the Assistant Controller of Patents & Designs. The petitioner argued that the appeal mechanism was practically unavailable due to the absence of a technical member, and further contended that the rejection of their patent application, which followed a voluntary divisional filing, was erroneous as it failed to consider curative measures.