India IP Litigation
7,167 annotated decisions
Page 10 of 299 · 7,167 total
Kba Notasys Sa v.Controller General Of Patents, Designs and Trademarks and Anr
The appellant, Kba Notasys Sa, challenged an impugned order issued by the Controller General of Patents. The appellant argued that the Controller failed to apply established guidelines for determining inventive step and did not properly assess the invention described in their drawings. The respondent contended that the claimed invention was not patentable as it was covered by existing prior art.
Maj (Retd.) Sukesh Behl Proprietor, M/S Pearl Engineering Company & Anr. v.Koninklijke Philips Nv
The appeals challenged the Single Judge's decree awarding substantial damages against the appellants (Maj Retd. Sukesh Behl & Anr.) for infringing Patent IN 2182555 held by Koninklijke Philips Nv. The court adjudicated applications seeking stay of execution of this judgment and decree.
Ipca Laboratories Limited v.Anrose Pharma
The suit was filed alleging infringement and passing off concerning the Plaintiff's registered trade mark ZERODOL. The Plaintiff argued that the Defendant's use of 'ZEROVOL-P' was deceptively similar, confusingly misleading, and aimed at capitalizing on the Plaintiff's goodwill in medicinal preparations. Given the Defendant failed to contest the suit despite being served, the Court decreed the suit.
Steer Engineering Private Limited v.Joint Controller of Patents and Designs
The appeal was filed against the Joint Controller's order refusing to grant a patent for a fiber reinforced thermoplastic composition. The respondent argued that the amended claims were already covered by the parent application and did not meet statutory requirements, citing prior art.
Automat Irrigation Pvt. Ltd. v.Aquestia Limited
Automat Irrigation Pvt. Ltd. appealed a Single Judge's decision which held that its product, Hydromat Valve (an FCV), infringed Patent IN 4270503 of Aquestia Limited. The appellate court found errors of principle in the lower judgment regarding claim interpretation and fundamental differences in technology between the two valves.
Mr. Sumit Vijay & Anr. v.Major League Baseball Properties Inc. & Anr.
The appeal challenged a Single Judge's order that struck off the registered BLUE-JAY trade mark under Section 57(2) of the Trade Marks Act, 1999. The court examined whether the removal was justified based on grounds like bad faith and prior user status.
E.R.Squibb & Sons Llc v.Union of India
E.R.Squibb & Sons LLC challenged the recommendation made by the Opposition Board regarding Patent No. IN340060, arguing that the board failed to consider crucial evidence submitted by the patentee during post-grant opposition proceedings initiated by Zydus Healthcare Limited. The Madras High Court dismissed the writ petition, holding that since the recommendation is only a suggestion for the Patent Authority, the petitioner could raise these objections during the final decision-making process or appeal.
Shilpa Shetty Kundra v.Getoutlive.in & Ors.
Shilpa Shetty Kundra filed an Interim Application alleging that unknown persons used her photographs to generate and circulate obscene, sexually explicit deepfake content created via artificial intelligence. She sought immediate orders to remove all infringing content from online platforms due to the severe damage to her reputation and dignity. The Court passed an interim order directing all defendants to delete the specified URLs and instructing government bodies (MeitY and DoT) to pull down the unlawful content.
Ravi Chauhan v.Pankaj Chauhan
The plaintiff, a registered patent and trademark agent, filed a suit for recovery of Rs. 11,000/- against the defendant. The dispute arose because the defendant failed to pay the agreed fees for filing a counter-statement in opposition to the trademark 'FULEZ'. Since the defendant remained absent despite service and was proceeded ex-parte, the plaintiff successfully proved his case.
Surface Logix Llc & Ors. v.Lucius Pharmaceutical Lucius Pharmaceutical(Lao) Co. Ltd & Ors.
Surface Logix LLC and its associates filed a suit seeking permanent injunction and damages against Lucius Pharmaceutical for alleged infringement of Indian Patent No. 291914, titled 'PHARMACOKINETICALLY IMPROVED COMPOUNDS'. The court addressed various procedural applications, including granting exemption from pre-litigation mediation due to the urgency of interim relief. Crucially, the court granted an ad-interim injunction restraining the defendants from infringing the patent and directed Defendant No. 2 (an online platform) to delist all advertisements related to the generic product 'BELUMOSUDIL' or brand name 'LuciBelu'.
The Ritz Hotel Limited & Ors. v.Mr Shahjahan Khan & Anr.
The Delhi High Court granted an ad-interim injunction in favor of The Ritz Hotel Limited and its subsidiaries against Mr. Shahjahan Khan and others. The court found a prima facie case for trademark infringement, recognizing the established goodwill and reputation associated with the 'Ritz' mark. Consequently, the defendants were immediately restrained from using deceptively similar marks like 'RITZ RIVERIA' across various media, pending further hearings.
Sanjay Mehra v.Deepak Kumar Sharma & Ors.
In a significant trademark dispute, Sanjay Mehra successfully secured a decree against Deepak Kumar Sharma & Ors. through an amicable out-of-court settlement. The Defendants acknowledged that all rights to the 'SUPERON' mark belonged exclusively to the Plaintiff and agreed to cease all use of the mark, including preventing future registrations or similar usage. This resolution allows the suit to be decreed in favor of the Plaintiff while also granting a refund of court fees due to the early settlement.
Bunch Microtechnologies Pvt Ltd v.Telegram Fz Llc & Anr.
In an amicable resolution, the Delhi High Court disposed of the copyright infringement suit filed by Bunch Microtechnologies against Telegram Fz Llc. The parties successfully negotiated and formalized a comprehensive Standard Operating Procedure (SOP) governing how complaints regarding content infringement must be handled. This SOP mandates specific proof requirements from complainants, such as demonstrating ownership of copyright or trademark, before Telegram takes action. The court upheld this agreement, binding the defendant to the terms while granting the plaintiff a partial refund of court fees.
Mandeep Singh v.Shabir Momin & Anr.
The Delhi High Court addressed several applications related to the rectification and cancellation of trademarks associated with 'Instant Bollywood.' While the court found that the petitioner had suppressed material documents indicating prior knowledge of the trademark registrations, it chose not to dismiss the interim injunction application. Instead, the court entertained the injunction but imposed a significant cost of Rs. 5 lakhs on the petitioner for the non-disclosure.
Saint Gobain Placo & Anr v.M/S Steel India & Ors
The Plaintiffs, holding patents related to a corrugated construction element and its manufacturing method, filed a suit against the Defendants for infringement. The court found merit in the Plaintiffs' submission and passed orders restraining the Defendants from dealing with infringing materials.
Novartis A.G. v.YY
The Plaintiffs, Novartis A.G. and its affiliate, filed a suit seeking permanent injunction against the Defendant for infringing Indian Patent No. 419280. The court granted several interlocutory orders, including an interim injunction and exemption from mandatory pre-litigation mediation.
Myokardia Inc. v.Lucius Pharmaceutical
Myokardia Inc. filed a suit against Lucius Pharmaceutical alleging infringement of its Indian Patent No. 392872, which covers novel pyrimidinedione compounds used to treat serious cardiovascular diseases like hypertrophic cardiomyopathy (HCM). The Plaintiffs argued that the defendants' generic product infringed upon their patented technology and caused irreparable harm. Based on a prima facie assessment, the Delhi High Court granted an ex-parte ad-interim injunction restraining the defendants from manufacturing or selling generic Mavacamten until further hearing.
Marico Limited v.Essen Products India Limited
The Bombay High Court granted ad-interim relief in favor of Marico Limited against Essen Products India Limited. The court allowed a leave petition to combine claims for passing off with trademark and copyright infringement. Based on prima facie evidence, the court found that the defendant's product was deceptively similar to Marico's well-established brands (Parachute and Nihar) and depicted in pirated artwork. Consequently, an injunction was issued preventing the defendants from using similar marks or trade dress pending the final disposal of the suit.
Mankind Pharma Limited v.Motherkind Pharma Private Limited
The Delhi High Court granted an interim injunction favoring Mankind Pharma Limited against Motherkind Pharma Private Limited. The court found that Motherkind's use of 'MOTHERKIND' prima facie amounted to trademark infringement and passing off, given its similarity to Mankind's well-known marks ('MANKIND' and 'KIND') in the pharmaceutical sector. This preliminary order restrains the Defendant from using the infringing mark until further proceedings.
UPL Limited And Anr v.Royal Agro Tech And Ors
The Plaintiffs filed a commercial suit seeking permanent injunction against the Defendants for infringement related to agricultural chemicals, specifically concerning an Indian Patent and Trade Mark. The court granted several applications, including exemption from pre-institution mediation and advance service, while directing the execution of Local Commissions to inspect infringing products.
Kenvue Brands Llc & Anr v.Rspl Limited
Plaintiffs filed a suit seeking permanent injunction against infringement of their patent (IN 339964) by Defendant's products. The court, while considering an application for interim injunction, raised serious doubts regarding the authenticity and timing of the technical expert affidavit provided by the Plaintiffs.
Astellas Institute For Regenerative Medicine v.The Controller Of Patents And Designs
The petitioner appealed against an order rejecting their patent application for 'Improved methods of producing RPE cells and compositions of RPE cells'. The core dispute centered on whether the invention, which uses human pluripotent cells to produce RPE cells, violated Section 3(b) of the Patents Act due to ethical concerns about embryo destruction. The court upheld the rejection order.
Dindayal Industries Ltd. v.Dindayal Ayurved Bhawan.
Dindayal Industries Ltd. appealed against an order that dismissed its application for interim injunction, alleging that the respondents were infringing on its trademarks and engaging in passing off. The appellant claimed to be a long-standing user of the 'DINDAYAL' mark since 1927, possessing substantial goodwill and numerous registered trademarks. The court found that the plaintiff had established a prima facie case of infringement and passing off, concluding that refusing interim relief would cause irreparable injury to its reputation.
Somany Ceramics Limited v.Hsil Limited And Anr.
The Calcutta High Court allowed an application filed by Somany Ceramics Limited seeking the removal and cancellation of a specific registered device mark, 'A Somany Enterprise,' belonging to Hsil Limited. The core ground for the relief was non-use, as the applicant successfully argued that the respondent had never commercially used the impugned mark in relation to the goods specified under Class 16. Given the respondents' concession regarding the lack of commercial use, the court directed the removal of the mark from the Trade Marks Register.