India IP Litigation
7,302 annotated decisions
Page 1 of 305 · 7,302 total
Ads Spirits Pvt. Ltd. v.The Registrar of Trade Marks
Ads Spirits Pvt. Ltd. filed an intra-court appeal (LPA) challenging the Single Judge's order that had set aside the Registrar's rejection of its trademark application for 'OFFER' in Class 33 (alcoholic beverages) and remanded the matter for fresh consideration. The appellant contended that the Single Judge erred in not directing publication of the mark under Section 20 of the Trade Marks Act, 1999. The Division Bench held that since the application had not reached the stage of acceptance, advertisement under Section 20 could not be directed, and the authorities under the statute were better equipped to examine the application at the initial stage. The appeal was dismissed, leaving the Registrar to reconsider the application afresh.
UPL Mauritius Limited & Anr. v.The Assistant Controller of Patents and Designs
UPL Mauritius Limited and another have filed an appeal under Section 117A of the Patents Act, 1970 before the Delhi High Court challenging the order dated 15.05.2026 of the Assistant Controller of Patents and Designs refusing to grant a patent on Indian Patent Application No. 202211035759. The court allowed the exemption application and issued notice to the respondent, returnable on 03.12.2026. The matter is at the initial stage of hearing.
M/s. K.R. Bakes Pvt. Ltd. v.Pradeep Kumar K.R. & The Registrar of Trade Marks
M/s. K.R. Bakes Pvt. Ltd. filed a petition under Sections 47 and 57 of the Trade Marks Act, 1999, seeking cancellation and removal of Trademark Registration No. 6305011 in Class 30 registered in the name of Pradeep Kumar K.R. Before the matter could be heard on merits, both parties arrived at an amicable settlement and filed a joint memo of compromise dated 19.08.2026. The Madras High Court recorded the settlement and disposed of the petition, with the compromise memo forming part of the order, and passed no order as to costs.
Surya Roshni Limited v.Maddi Ramiah Kutati (Trading as Safety Power Wires & Cables)
Surya Roshni Limited, a leading manufacturer of electrical and lighting products marketed under the well-known trademark 'SURYA', sued an individual trader (Safety Power Wires & Cables) for using the marks 'SURYA CAB' and other Surya-formative marks for electric wires and cables. The plaintiff claimed infringement of its registered trademarks and copyrights, passing off, and unfair trade competition. The Commercial Court at Delhi decreed the suit in favour of the plaintiff, holding that the defendant's use of confusingly similar marks amounted to infringement and passing off, and granted permanent injunction, damages of Rs. 15 lakhs, and delivery-up of all infringing goods and materials.
Alkem Laboratories Ltd. v.Martin and Brown Biosciences Pvt. Ltd. & Ors. (in suit); Mr. Vineet Maini & Ors. (in rectification petition)
Alkem Laboratories Ltd. filed a commercial suit and a connected rectification petition against Martin and Brown Biosciences Pvt. Ltd. and others concerning the trademark 'SOMI-MB' (Application No. 5982177 in Class 5). The parties settled their disputes through mediation, executing a Settlement Agreement dated 27.07.2026. The Delhi High Court decreed the suit in favour of Alkem by consent and directed the Registrar of Trade Marks to cancel and expunge the impugned mark within four weeks. The plaintiff waived its claims for damages and costs, and was granted a full refund of court fee under the amended Court Fees Act.
Conqueror Innovations Private Limited & Anr. v.Xiaomi Technology India Private Limited
This appeal challenged the Single Judge's dismissal of the appellants' applications for interim injunction in a patent infringement suit. The appellants alleged that Xiaomi's smartphones, tablets, and other devices infringed their registered Indian Patent No. 244963 titled 'A Communication Device Finder System.' The Division Bench upheld the Single Judge's findings that the appellants failed to establish a prima facie case of infringement, as the respondent's 'Find Device' feature did not read onto the essential elements of the suit patent's independent claim. The court further held that the balance of convenience favored the respondent due to the appellants' unexplained nine-year delay in approaching the court, and accordingly dismissed the appeal.
M/S Hi Tech Products Pvt. Ltd. v.M/S Fabtech Cables P.Ltd. & Ors.
This is an order in CS(COMM) 555/2016 before the Delhi High Court, where the Plaintiff, M/S Hi Tech Products Pvt. Ltd., filed an interlocutory application under Section 124 of the Trade Marks Act, 1999 seeking permission to file a rectification petition concerning the registration of trademark No. 2261508 in Class 09, by framing an issue of invalidity of the said registration. The Court directed issuance of notice to the Defendants through all permissible modes, returnable on 26.11.2026, the date already fixed.
Braj Mohan Rathore v.Shubham Goldiee Masale Pvt Ltd & Ors
This Letters Patent Appeal (LPA 685/2026) was filed before the Delhi High Court by Braj Mohan Rathore, who claimed he was not a party to the original proceedings before the learned Single Judge. The appellant contended that respondent nos. 3 and 4, who were the original parties, were his predecessors in interest, having assigned the rights in the trademark 'GOLDY' to him. The court directed the appellant to file supporting documents and an affidavit regarding his relationship with respondent nos. 3 and 4, while noting a potentially contradictory affidavit filed by respondent no. 4 before the Registrar of Trademarks.
Tirth Agro Technology Private Limited v.S Bahadur Singh, Sole Proprietor of Shaktiman Agro Industries and Anr.
This is a commercial suit filed by Tirth Agro Technology Private Limited against S Bahadur Singh, Sole Proprietor of Shaktiman Agro Industries, before the Delhi High Court. The plaintiff sought to place additional documents on record and sought interim injunctive relief. Based on the defendants' own stand in their written statement that they do not use the SHAKTIMAN trademark and instead sell their harvester combine under the AS-930 mark, the court directed the defendants not to use SHAKTIMAN as a trademark in future.
Alok Niwas Private Limited v.Debasish Pal and Ors.
The Calcutta High Court allowed an appeal filed by Alok Niwas Private Limited against the rejection of its temporary injunction application by the trial court in a suit for specific performance. The plaintiff had entered into an oral agreement with the respondent for mutual conveyance of land to set up an industrial park, and sought to restrain the respondent from altering the suit property and obstructing ingress and egress. The Division Bench set aside the trial court's order and granted the injunction, restraining the respondents from changing the nature of the suit property, making constructions, alienating the property, or obstructing the common passage.
Metro Brands Limited v.Met Brands Private Limited
Metro Brands Limited, a Mumbai-based footwear retailer, filed a commercial IPR suit against Met Brands Private Limited, a Kerala-based company, alleging trademark infringement, passing off, and unfair competition. The plaintiff sought leave under Clause 14 of the Bombay High Court Letters Patent to join the cause of action for passing off (which arose in Kerala) with its trademark infringement claim filed in Bombay. The Bombay High Court dismissed the leave petition, holding that since both causes of action arose in Kerala and the defendant carried on business there, the plaintiff should file the suit in the appropriate forum in Kerala rather than exercising its discretionary choice of forum in Bombay.
AstraZeneca AB & Anr. v.Zydus Healthcare Limited & Anr.
This was a patent infringement suit filed by Astrazeneca AB and another plaintiff against Zydus Healthcare Limited and another defendant, seeking a permanent injunction restraining the defendants from infringing Indian Patent Nos. IN 205147 and IN 235625. During the pendency of the suit, the parties amicably settled their disputes and entered into a confidential Settlement Agreement. The court allowed the joint application under Order XXIII Rule 3 read with Section 151 CPC, disposed of the suit in terms of the settlement, and directed the registry to draw up the decree sheet incorporating the Settlement Agreement.
Ever Resource Ltd & Anr v.The Controller General Of Patents Designs and Trademarks
This is a brief procedural order from the Delhi High Court in a patent appeal. The matter was adjourned and re-notified for 20th January 2027 at the request of the respondent's counsel, who was stated to be unavailable on the date of hearing, with no objection from the appellants' side.
Ashok Kumar Bansal Sole Proprietor of M/s Hindson Industries v.The Controller General of Patents Designs and Trademarks & Ors.
This is a brief procedural order from the Delhi High Court in a matter filed by Ashok Kumar Bansal, Sole Proprietor of M/s Hindson Industries, against the Controller General of Patents Designs and Trademarks and others. An adjournment slip was circulated on behalf of the Petitioner with no objection from the Respondents. The Court granted the adjournment and listed the matter for 04.02.2027.
Satpaul Mittal v.State of Punjab & Anr.
This is a Petition for Special Leave to Appeal (Crl.) No.20974/2025 arising from the High Court of Punjab & Haryana's final judgment dated 17-11-2025 in CRM-M No.43177/2020. During the hearing before the Supreme Court, the petitioner's counsel submitted that the petitioner would file an affidavit undertaking not to use the trademark allegedly similar to that of respondent no.2 before the next date of listing. The Court listed the matter for further hearing on 18.09.2026.
Abbvie Manufacturing Management Unlimited Company v.Controller General Of Patents, Design, Trademark And Geographical Indications & Ors.
This is a brief procedural order from the Delhi High Court in a patent appeal (C.A.(COMM.IPD-PAT) 8/2026) filed by Abbvie Manufacturing Management Unlimited Company against the Controller General of Patents, Design, Trademark and Geographical Indications and others. The court, presided over by Justice Jyoti Singh, listed the matter for further hearing on 03.09.2026.
Ashok Kumar Jain v.Kumar Food Industries Ltd
This appeal arose from a judgment and decree dated 16.05.2026 in CS (COMM) 842/2024, wherein the respondent's suit was decreed including damages of Rs. 5 lakhs against the appellant. The appellant challenged only the damages portion and did not contest the finding regarding the impugned trademark 'MAHA SHAKTI BHOG'. The parties ultimately settled the dispute, with the appellant agreeing to pay Rs. 2,50,000/- in three equal installments within three months and to withdraw his trademark application for 'Maha Shakti Bhog' in Class-30.
Intas Pharmaceuticals Limited & Anr. v.Sanofi
This order of the Delhi High Court disposed of two connected first appeals arising from a trademark dispute concerning the mark CLAVIX used for clopidogrel bisulphate drugs. The appellants (Intas) stated they had no intention to revert to the trademark CLAVIX and were instead using CLAVINTAS, and accordingly sought to withdraw their appeal. The respondent (Sanofi) did not wish to press its cross-appeal, and both appeals were dismissed as withdrawn, with Intas directed to satisfy the judgment/decree by paying Sanofi within four weeks.
Intas Pharmaceuticals Limited & Anr v.Sanofi
This order pertains to two connected appeals before the Delhi High Court arising from a trademark dispute involving the mark CLAVIX used for clopidogrel bisulphate. The appellants (Intas Pharmaceuticals) sought to withdraw their appeal, stating they had no intention to revert to the trademark CLAVIX and were instead using the brand CLAVINTAS. The respondent (Sanofi) did not wish to press its cross-appeal, and accordingly both appeals were dismissed as withdrawn, with the appellants directed to satisfy the judgment/decree by paying Sanofi within four weeks.
Aktiebolaget Volvo & Ors v.R. Venkatachalam & Anr
This case concerns the execution of a decree of permanent injunction passed in favour of Aktiebolaget Volvo and others restraining the Judgment Debtors from using the trademark 'PENTA'. The parties amicably resolved their disputes and executed a Memorandum of Understanding (MoU) dated 27.07.2026, under which the Judgment Debtors agreed to pay Rs. 50,00,000/- to the Decree Holders. The Delhi High Court recorded the settlement, disposed of the execution petition in terms of the MoU, directed release of Rs. 32,00,000/- already deposited in court, and directed the Judgment Debtors to pay the remaining Rs. 18,00,000/- within four months.
Aktiebolaget Volvo & Ors. v.R. Venkatachalam & Anr.
This order pertains to an execution petition arising from a trademark infringement suit (CS(COMM) 346/2018) where Aktiebolaget Volvo obtained a decree of permanent injunction restraining the defendants from using the trademark 'PENTA'. The parties amicably resolved their disputes and executed a Memorandum of Understanding dated 27.07.2026. The Court recorded the settlement, directed release of Rs. 32,00,000/- already deposited by the Judgment Debtors, and directed payment of an additional Rs. 18,00,000/- within four months.
KRBL Limited v.Sri Krishna Agencies & Others
KRBL Limited, the proprietor of the well-known registered trademark 'INDIA GATE' for rice and food products (registered since 1993 under Class 30), filed a suit against Sri Krishna Agencies and its partners for infringement and passing off. The plaintiff alleged that the defendants' adoption and use of the trademark 'MADRAS GATE' for identical goods was deceptively similar to the plaintiff's 'INDIA GATE' mark. Since the defendants failed to appear despite service, the court proceeded ex parte and granted a permanent injunction, delivery up, and awarded compensatory and punitive damages of Rs. 1.00 lakh along with costs.
AstraZeneca AB & Anr. v.Alkem Laboratories Limited
The plaintiffs, Astrazeneca AB & Anr., filed a suit (CS(COMM) 411/2020) before the Delhi High Court seeking a permanent injunction restraining infringement of Indian Patent Nos. IN 205147 and IN 235625 against Alkem Laboratories Limited. During the pendency of the suit, the parties amicably settled their disputes and entered into a confidential Settlement Agreement. The court allowed the joint application under Order XXIII Rule 3 read with Section 151 CPC, disposed of the suit in terms of the settlement, and directed the Settlement Agreement to form part of the decree.
Naman Agarwal (Proprietor of MS Radhe Radhe) v.M/S Ferns N Petals Pvt Ltd & Anr.
The Petitioner, a franchisee of Respondent No. 1 since 2022, filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of a sole arbitrator for disputes arising out of four composite agreements dated 20.08.2025 relating to a franchise outlet at Bhubaneshwar, Odisha. The Petitioner alleged that the Respondents supplied defective equipment, restricted sales, suspended the outlet from its e-commerce platform, and failed to ensure adequate supply of requisite material. The Court issued notice to the Respondents and listed the matter for further proceedings on 30.09.2026.