India IP Litigation
7,068 annotated decisions
Page 109 of 295 · 7,068 total
Britannia Industries Limited v.Amar Biscuit Private Limited & Ors.
The Delhi High Court granted an ad interim injunction in favor of Britannia Industries Limited against Amar Biscuit Private Limited. The court found that the Defendants' use of 'GOOD TIME' with a deceptively similar color combination and trade dress to Britannia's established 'GOOD DAY' butter cookies was likely to cause consumer confusion. Given the enormous goodwill associated with the Plaintiff's brand, the court ruled that immediate action was necessary to prevent irreparable harm.
M/S Natures Magic World v.The Registrar Of Trademarks & Anr
M/S Natures Magic World filed a writ petition seeking the Trademark Registry's direction to formally record an Assignment Deed dated February 17, 2016. The petitioner sought to establish ownership of the mark 'COLORESSENCE' (TM No. 1541613) following its assignment from M/s Nature Essence Pvt. Ltd. Despite the existence of the valid assignment deed, the recordal had not been given effect due to administrative confusion stemming from a subsequent name change of the original owner. The Court directed further hearings to resolve these procedural issues and ensure the assignment is duly recorded.
Balajee Wedding And Eventz Pvt. Ltd v.Sudershana Singh
Balajee Wedding And Eventz Pvt. Ltd filed a suit against Sudershana Singh alleging trademark infringement concerning wedding planning services. The Plaintiff holds a registered trademark 'BALAJEE EVENTZ' (No. 4175314) and claims the Defendant is infringing by using similar names like 'BALAJI EVENTS'. The Delhi High Court allowed several procedural applications, including exemption from filing documents and instituting pre-litigation mediation, before formally registering the suit and directing the issuance of summons to the defendant.
Tv Today Network Limited v.Capital Tv And Ors.
The Delhi High Court granted an interim injunction in favor of Tv Today Network Limited against Capital TV and others. The court found a prima facie case of passing off and trademark infringement, noting that the defendants were imitating the plaintiff's distinctive program names and logos across various digital platforms. Consequently, the defendants were restrained from using deceptively similar marks for news/current affairs programs and ordered to take down all infringing links online.
Sancheti Applicance Pvt Ltd. v.C.Lal Marketing Pvt Ltd. & Anr
The Delhi High Court disposed of two petitions filed by Sancheti Applicance Pvt Ltd. against C.Lal Marketing Pvt Ltd. The challenge to the respondent's marks, which were under Section 57 of the Trade Marks Act, was rendered moot because the impugned trademarks had expired and subsequently been removed from the Register due to non-renewal. Consequently, the petitioner sought and received permission to withdraw the proceedings.
M/s.Jupiter Drugs v.Mrs.M.Sarojini
The Madras High Court dismissed M/s. Jupiter Drugs' petition seeking to expunge or limit the trade mark 'ZIPROVIT.' The court noted that the last registration was valid only until December 14, 2017, suggesting the petitioner might no longer be an aggrieved party. Furthermore, due to the absence of a current address for service on the petitioner, the court found it impossible to proceed with the matter.
M/S.Pioneer Bakeries (P) Ltd. v.Milka Nutriments Pvt. Ltd.; The Registrar of Trade Marks
The Madras High Court ruled in favor of M/S. Pioneer Bakeries, directing the removal of two specific trade marks (No. 821974 and No. 691534) from the Trade Marks Register. The court found that both marks had long expired because their renewal periods had lapsed, making them liable for cancellation under the Trade Marks Act, 1999. This decision underscores the importance of timely maintenance and renewal of intellectual property rights.
M.Viyan Aarman v.Etecetra Entertainment
M.Viyan Aarman filed a suit for copyright infringement concerning the title of the film 'Saamaniyan'. The appeal challenged an order rejecting the application for injunction, arguing that the appellant had registered the title and faced breach of trust by the first respondent. However, the court found that the appellant was only alleging infringement qua title, which is not maintainable under existing legal precedents.
M/s. Aarthi Scans Private Limited v.Rt Diagnostics
M/s. Aarthi Scans Private Limited filed a suit alleging infringement of its trademark and passing off against Rt Diagnostics, which was using a similar trade name. The appellant sought temporary injunctions, which were previously rejected. This appeal challenged those rejection orders before the Madras High Court.
ITC Limited Of Virginia House v.The Deputy Registrar Of Trademarks And Ors.
The Delhi High Court overturned a previous Registrar's decision that had treated ITC's opposition to the mark 'LUCKY NINE' as abandoned due to delayed filing of evidence. The court held that since ITC had clearly stated its willingness to rely on the grounds of opposition within the prescribed period, the abandonment was unjustified. Following this ruling and citing precedent, the High Court ultimately cancelled the registration of 'LUCKY NINE', restoring ITC's rights.
Crocs Inc.Usa v.Aquallite India Limited And Anr.
The plaintiff alleged infringement of the design of its footwear, known as the 'CROCS DESIGN'. The design registration was cancelled due to lack of novelty and prior publication.
Flipkart Internet Private Ltd v.The Joint Controller of Patents and Designs
Flipkart Internet Private Ltd filed an appeal challenging the order of the Joint Controller of Patents and Designs which dismissed a Post-grant Opposition seeking revocation of Indian Patent No. 312437. The opposition contended that the patent lacked novelty, inventive step, or was not patentable under various sections of the Patents Act. The High Court examined the technical aspects and found no infirmity in the impugned order.
Cryomass Llc v.Assistant Controller Of Patents And Designs
Cryomass LLC filed an appeal challenging the rejection of its patent application, '201917048279,' titled "Cryogenic Separation of Plant Material." The initial rejection by the Assistant Controller was based on a lack of inventive steps and falling under Section 3(f) of the Patents Act. Cryomass argued that their non-aqueous cryogenic system offered novel advantages not disclosed in prior art. The Delhi High Court, while setting aside procedural objections regarding delay subject to costs, directed further pleadings before listing the case for final hearing.
Sorting Hat Technologies Private Limited v.M/s.PGR E-Commerce Private Limited; The Registrar Trade Marks Registry
The Madras High Court dismissed the Transfer Original Petitions filed by Sorting Hat Technologies seeking rectification of several registered trademarks. The dismissal was not based on the merits of the case, but rather due to the Registry's inability to successfully serve notice to the petitioner at the provided address. Crucially, the court allowed the petitioner the right to revive the petitions, ensuring that procedural hurdles do not permanently bar their legal claims.
M/s.Mohamed Aboobacker Chank Lungi Limited v.M/s.Indianpasand Inc.
M/s. Mohamed Aboobacker Chank Lungi Limited filed a civil suit against M/s. Indianpasand Inc. and other defendants, alleging trademark infringement (SANGU vs. SHIPPY), copyright violation, and passing off. The plaintiff sought permanent injunctions and damages for the alleged unauthorized use of their registered marks and artistic designs by the defendants. However, due to the current non-sale status of the disputed products, the plaintiff requested permission to withdraw the suit against the first defendant while retaining the liberty to file a fresh case if infringement occurs in the future.
Intervet International B.V. v.Reyaansh Healthcare
The plaintiffs, holders of Indian Patent 283279 for the veterinary product Fluralaner, filed a suit against Reyaansh Healthcare for manufacturing and selling Fluralaner tablets under the brand Flurashield without a license. The court granted an interim injunction restraining the defendants from manufacturing or selling the product until further hearing.
Bristol-Myers Squibb Holdings Ireland Unlimited Company & Ors. v.Torrent Pharmaceuticals Limited
The dispute concerning the infringement of Patent IN 247381 related to Apixaban was settled through mediation. The settlement agreement required the defendant to confirm it did not distribute 'Apixaban' in India during the patent term and agreed not to challenge its validity.
ITC Limited v.Ashok Kumar & Ors.
The Delhi High Court granted an interim injunction in favor of ITC Limited, restraining defendants from using infringing domain names and sub-domains that fraudulently solicit franchises and dealerships under the guise of ITC's brand. The court reinforced previous orders, directing Domain Name Registrars to immediately lock and suspend the specified domains while also instructing the Cyber Cell to freeze numerous bank accounts linked to these fraudulent activities.
Glaxo Group Limited v.Dermazone Pharmaceuticals Private Limited
Glaxo Group Limited successfully secured an ad-interim injunction against Dermazone Pharmaceuticals in a trademark infringement suit. The Delhi High Court found that the Defendant's mark, 'BECLOVATE,' is phonetically and deceptively similar to the Plaintiff's registered mark, 'BETNOVATE.' Given the identical nature of the products (skin treatments) and strong market presence of Glaxo, the court granted immediate relief to prevent consumer confusion. The injunction restricts the manufacture and sale of the infringing product moving forward.
Cde Asia Limited v.Propel Industries Private Limited
The court heard an application by Cde Asia Limited seeking to place additional documents related to a post-grant opposition concerning a subject patent. The court allowed these documents and also registered a counterclaim filed by Propel Industries Private Limited under Section 64 of the Patents Act, 1970.
Cryomass Llc v.Assistant Controller Of Patents And Designs
Cryomass LLC filed an appeal challenging the Assistant Controller's order dated May 31, 2021, which refused Patent Application No. 201917048279 titled "Cryogenic Separation of Plant Material". The refusal was based on non-fulfillment of requirements under Section 2(1)(ja) and claims falling within Section 3(f) of the Patents Act, 1970.
Commonwealth Scientific and Industrial Research Organization v.The Assistant Controller of Patents and Designs, The Patent Office
The appellant challenged an order rejecting its patent application (No. 2072/CHENP/2011) because the current set of amended claims were deemed beyond the scope of Section 59 of the Patents Act, 1970. The court examined whether the amendments expanded or narrowed the original claim scope and found that the specificity incorporated in the amended claims curtailed rather than expanded the original scope.
Essee Networks Private Limited & Ors. v.Paragon Cable India & Anr.
The Delhi High Court dismissed the appeal filed by Essee Networks Private Limited, upholding the Single Judge's decision. The core dispute revolved around the trademark 'ELEKTRON' for electric wires and cables. The court found that while the appellants claimed prior use dating back to 1992, they failed to provide sufficient documentary evidence to substantiate this claim. Conversely, the respondents successfully demonstrated a credible basis to challenge the validity of the appellant's registrations due to misleading claims regarding their usage period.
Kent Cables Private Limited & Ors. v.Union Of India Through Its Secretary Department For Promotion Of Industry And Internal Trade & Ors.
Kent Cables Private Limited challenged the inclusion of the trade mark 'KENT' in the list of well-known trademarks, which was advertised by the Registrar of Trade Marks. The Delhi High Court acknowledged that the matter involves complex procedural and substantive issues regarding the declaration of a well-known mark. After reviewing previous directions and legal precedents, the court issued notice to the respondents while keeping open questions of maintainability and jurisdiction, setting the stage for further detailed arguments.