India IP Litigation
7,068 annotated decisions
Page 106 of 295 · 7,068 total
M/s.Snapbizz Cloudtech Pte Ltd. v.The Controller General of Patents, Designs & Trade Marks
M/s.Snapbizz Cloudtech Pte Ltd. filed an appeal challenging the Controller General of Patents' refusal to grant a patent. The appellant subsequently instructed her counsel to withdraw the appeal, leading to its dismissal by the High Court.
Kirloskar Proprietary Ltd. v.Sardesai Auto Parts Pvt. Ltd.
This case before the Bombay High Court addressed a challenge regarding the jurisdiction of a specific court after the transfer of civil suits. The petitioner argued that since the suit involved intellectual property (trademarks) and was valued at Rs. 10,00,000/-, it should fall under the Commercial Courts Act, 2015. However, the Court ruled that because the valuation fell below the minimum threshold prescribed by the notification under the Act, the provisions of the Commercial Courts Act were inapplicable. Consequently, the jurisdiction rested with the District Judge-1 as per the Trademarks Act, 1958.
Intercontinental Great Brands Llc v.Parle Product Private Limited
The Delhi High Court dismissed an application filed by Intercontinental Great Brands Llc seeking a stay of infringement proceedings. The plaintiff sought to challenge the validity of the defendant's registered trademark, FABIO, under Section 124 of the Trade Marks Act. However, the court found that the plaintiff failed to raise any prima facie tenable grounds challenging the registration in its pleadings (plaint or replication). Consequently, the application for stay was rejected, allowing the main infringement suit to proceed.
Pernod Ricard India Private Limited v.Karanveer Singh Chhabra Trading As J.K.
Pernod Ricard appealed a Commercial Court order that rejected their application for temporary injunction against Karanveer Singh Chhabra, alleging trademark infringement of 'Blenders Pride' and 'Imperial Blue' by the defendant's use of 'London Pride'. The Madhya Pradesh High Court upheld the trial court's finding that no deceptive similarity existed between the marks. Consequently, the appeal was dismissed, but the Trial Court was directed to proceed with the main suit on merits without being influenced by the appellate observations.
Pankaj Ravjibhai Patel Trading As Rakesh Pharmaceuticals v.Sss Pharmachem Pvt. Ltd.
This appeal before the Delhi High Court addressed critical procedural issues concerning IPR litigation under the Commercial Courts Act. The court clarified that despite the plaintiff's freedom to value a suit, this principle cannot be used to undervalue IPR disputes below the Rs. 3 lakh threshold to avoid the rigors of the CCA. The judgment mandates that intangible rights must be ascribed a 'specified value,' considering both the relief sought and the market value of the IP right involved. Consequently, the court allowed the appeal, set aside the order vacating the injunction, and remanded the matter for fresh adjudication.
Bharat Vastralaya v.Karishma Silks & Sarees
The Madras High Court disposed of a Trade Marks Appeal between Bharat Vastralaya and Karishma Silks & Sarees based on a settlement reached between the parties. The consent terms mandate that while the Respondent can continue using 'KARISHMA' for one specific outlet in Bangalore, they must withdraw their existing trademark registration (No. 572267) in Class 24. This resolution provides a clear path forward for both parties to manage their respective rights and prevent further litigation.
M/s.Ghanshyam Perfumery And Co. v.S.Shri Kasim Ramaiah
This Madras High Court case involved a Trade Marks Appeal challenging the rejection of an opposition against Trademark Application No. 582422. The parties, M/s. Ghanshyam Perfumery And Co. and S.Shri Kasim Ramaiah (trading as M/s. Shanker Perfumery Works), reached a comprehensive settlement agreement. Under the terms, they agreed to exclusive rights for 'SONA CHANDI' and other 'SONA formative trademarks,' respectively, while also agreeing not to use deceptively similar labels. The court disposed of the appeal based on these mutual consent terms.
ITW GSE APS v.Dabico Airport Solutions Pvt Ltd
The plaintiffs filed an application seeking the appointment of a Local Commissioner to visit the premises of the defendants, inspect their Preconditioned Air Units (PCAs), and audit related accounts to demonstrate infringement of Patent IN 330145. The court dismissed the application, holding that the prayers were misconceived and did not meet the strict criteria required for appointing a commissioner under Order XXVI Rule 10A of the CPC.
Glen Appliances Pvt. Ltd. v.Rudra Marketing
Glen Appliances Pvt. Ltd. filed a suit seeking permanent injunction against Rudra Marketing and others for infringing its trademarks ('GLEN') and passing off its products. The plaintiff alleged that defendants were using the deceptively similar mark 'GLEE' on home appliances, confusing consumers.
Sabhyasachi Gorai v.Aveenshi International Private Limited Anr.
The Delhi High Court allowed a joint application to modify a prior decree based on an amended settlement agreement. The core of the dispute involved the transfer of two key trademarks, LAVAASH and LAVAASH BY SABY, from Aveenshi International Private Limited to Sabhyasachi Gorai. The court formally accepted the terms of the new agreement, which finalized the assignment of the brands and stipulated mutual non-infringement and cooperation for registration.
M/S. M.L. Brothers Llp v.Uma Impact Private Limited
In a case concerning trade dress infringement, the Delhi High Court facilitated ongoing settlement talks between M/S. M.L. Brothers Llp and Uma Impact Private Limited. The court confirmed that the ad-interim injunction, previously limited to the trade dress of three specific products, would continue during the pendency of the suit. Both parties expressed willingness to resolve disputes amicably, with the Plaintiff proposing a decree based on the Division Bench's order while leaving the trademark dispute over the slogan 'BORN TO WIN' open for separate resolution.
Largan Precision Co Ltd v.Motorola Mobility India Pvt Ltd & Ors
The Plaintiff seeks a permanent injunction against the Defendant for infringement of Indian Patent No. IN 363203, which pertains to a 'Light Blocking Sheet, Imaging Lens Module and Electronic Apparatus'.
M/s.Moti And Company v.M/s.B.Braun Melsungen AG
M/s. Moti And Company filed a petition seeking to revoke or invalidate Patent No. 221306 held by M/s. B.Braun Melsungen AG. The petitioner later submitted that the patent had already expired on July 13, 2021.
Nripendra Kashyap v.The Assistant Controller of Patents and Designs
Nripendra Kashyap filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier order by The Assistant Controller of Patents and Designs. However, the appellant subsequently instructed his counsel to withdraw the appeal.
M/s.Moti And Company v.M/s.B.Braun Melsungen AG
M/s. Moti And Company filed a Transfer Original Petition seeking the revocation or invalidation of Patent No. 221306 held by M/s. B.Braun Melsungen AG. The petitioner's counsel submitted that the patent had already expired on July 13, 2021.
Kba Notasys Sa v.Controller General Of Patents, Designs and Trademarks And Anr
Kba Notasys Sa appealed the rejection of its patent application concerning a method and system for printing currency notes. The core dispute revolved around whether the prior art documents cited in the International Search Report (ISR) could be considered grounds for rejection during the appeal process. The court acknowledged the relevance of the ISR citations but directed the Respondent No. 2 to file written submissions on this specific point.
Atomberg Technologies Private Limited v.Mr. Kunhimoideen Kazhungumthottathil
The Delhi High Court issued an order on October 31, 2023, directing the parties to proceed with the completion of pleadings in the trademark dispute. The court set a date for further proceedings while granting specific opportunities for both the plaintiff and defendant to file rejoinders in various interlocutory applications (IAs). This procedural step indicates that the case is moving forward through the discovery and pleading phase.
Heineken Asia Pacific Pte. Ltd. v.Mr. Vijay Keshav Wagh And Anr.
In a dispute over trademark rights, Heineken Asia Pacific Pte. Ltd. sought to cancel registrations held by Mr. Vijay Keshav Wagh concerning the 'TIGER' device logo. The Delhi High Court acknowledged the near identity between the marks used by both parties and issued an interim order. The court directed that status quo be maintained regarding the registration, preventing any transfer or assignment of the disputed trademarks until further hearing.
DOW GLOBAL TECHNOLOGIES LLC v.Controller Of Patents And Designs
The appellant challenged the rejection of its patent application for 'Ethylene-based polymers' on the ground of lack of inventive step, citing prior art documents D4 and D5. The court set aside the impugned order, holding that the arguments regarding non-obviousness were not properly engaged by the respondent. Consequently, the matter was remanded to allow reconsideration while taking into account the passage of time and foreign patent grants.
New York University v.The Assistant Controller of Patents and Designs
New York University appealed the Assistant Controller's order rejecting its patent application (No. 9210/CHENP/2011) for an invention related to targeting pathological tau proteins. The High Court found that the rejection lacked cogent reasons, particularly regarding amendments and inventive step, and consequently set aside the impugned order.
Nripendra Kashyap Constituted Attorney of Huawei Device Co., Ltd. v.The Assistant Controller of patents and Designs Patent Office, Intellectual Property Building, GST Road, Guindy, Chennai 600 032
The appellant, representing Huawei Device Co., Ltd., filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an order granting a patent on Indian Patent Application No. 9270/CHEN/2013. The learned counsel for the appellant subsequently instructed to withdraw the appeal.
Hindustan Pencils Ltd. v.Puma Stationery Ltd. and Anr.
Hindustan Pencils Ltd. successfully secured a decree in its trademark infringement suit against Puma Stationery Ltd. and A.W. Faber-Castell (India) Ltd. The judgment was based on an amicable settlement where the defendant, A.W. Faber-Castell, formally acknowledged Hindustan Pencils' ownership of the trademarks 'PLASTO' and 'NON-DUST'. Crucially, the defendant agreed to cease using these marks in stationery products and withdraw pending opposition and rectification proceedings against the plaintiff’s rights.
Fullstack Education Pvt Ltd v.Institut Europeen D Administration Des Affaires (INSEAD) Association & Anr.
The Delhi High Court, in a significant ruling, overturned an earlier single judge's decision that had sought to strike off the mark 'INSAID' from the register. The appellate bench held that while phonetic similarity and likelihood of confusion were noted, the original judgment relied too heavily on 'prima facie' findings regarding honest use and adoption. The court emphasized that rectification under Section 57 requires a definitive and conclusive determination, not merely preliminary impressions.
Sachdeva And Sons Industries Private Limited v.Deputy Registrar Of Trade Marks
The Delhi High Court dismissed two appeals filed by Sachdeva And Sons Industries Private Limited challenging the Deputy Registrar's decision to allow TM-16 applications. These applications permitted the substitution of the trademark applicant's name in pending opposition proceedings, citing that allowing the change would not prejudice the opponents' rights. The court noted the Appellant's lack of appearance and concluded that since the impugned order only related to the name change and did not affect the merits of the final opposition, the appeals were dismissed.