India IP Litigation
7,167 annotated decisions
Page 112 of 299 · 7,167 total
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.
Sivaji Hi-Tek Foods Private Limited v.V.K.R.Venkatesan
The Madras High Court dismissed the Original Petition filed by Sivaji Hi-Tek Foods Private Limited seeking rectification and cancellation of a trade mark entry. The court noted that despite attempts to serve notice, the petitioner's address was insufficient, and their counsel confirmed they had no instructions to prosecute the matter. Consequently, the petition was dismissed for non-prosecution.
Asociacion De Productores De Pisco A.G. v.Union Of India & Ors
The Delhi High Court addressed several procedural applications and made key interim directions in the case concerning the Geographical Indication (GI) for Chilean Pisco. The court allowed various exemptions related to documentation due to pandemic conditions, while also agreeing to delete one respondent from the array of parties. Crucially, the court directed that the Registrar of Trademarks & GI would not pass final orders on the GI application no. 689 until further notice, providing a temporary stay on the registration process.
Unilever Global Ip Limited v.Rajender Prasad Bandaru
The suit concerning alleged trademark infringement was settled between Unilever Global IP Ltd. and Rajender Prasad Bandaru. The parties executed Consent Terms, leading to the disposal and decreeing of the suit in favor of the Plaintiffs.
Bristol Myers Squibb Holdings Ireland Unlimited Company v.Triveni Interchem Private Limited
The dispute involved allegations of patent infringement concerning the drug 'Apixaban'. The parties reached separate settlement agreements with Defendants 1 & 2 and Defendant 3, mediated by the Delhi High Court. The court subsequently decreed the suit based on these terms.
Unilever Global Ip Limited v.Rajender Prasad Bandaru
Unilever Global IP Limited filed a Commercial IP suit against Rajender Prasad Bandaru regarding the use of the impugned mark COMFORT. The parties subsequently arrived at a comprehensive settlement, which was accepted by the court.
Unilever Global Ip Limited v.Rajender Prasad Bandaru
The suit was filed by Unilever Global IP Ltd. against Rajender Prasad Bandaru regarding infringement related to the impugned mark COMFORT. The parties subsequently reached a settlement, which was accepted and taken on record by the court.
M/S. Kaleesuwari Refinery Private Ltd. v.Sri Vinayaka Agro Industries
The Madras High Court ruled in favor of M/S. Kaleesuwari Refinery Private Ltd., granting a permanent injunction against Sri Vinayaka Agro Industries for infringing the registered trade mark 'DHEEPAM' and engaging in passing-off. The court found that the defendant's use of 'V RICH DEEPAM OIL' and its deceptively similar packaging material constituted infringement, despite the defendant failing to appear in court. This judgment reinforces the protection afforded to well-known trademarks against confusingly similar marks.
Devanand Nagpal Prop. Nagpal Foods And Caterers v.Controller General of Patents Designs and Trade Marks & Ors.
The Delhi High Court addressed a writ petition filed by Devanand Nagpal seeking the issuance of his Trade Mark registration certificate for 'NAGPAL'S SPECIAL CHOLE BHATURE'. Although the opposition against his mark was dismissed in July 2023, the certificate had not been issued. The Court ordered the immediate issuance of the certificate within 10 working days, but crucially stipulated that this registration would remain subject to the final outcome of a parallel appeal filed by the opposing party. This decision balances administrative delay with ongoing legal disputes.
Avtar Singh And Mr.Harkirat Singh Trading as M/s.Aero Club v.Chiranjeelal Bihani and The Registrar of Trade Marks, Chennai
The Madras High Court dismissed a Trade Marks Original Petition filed by Avtar Singh and Mr. Harkirat Singh against Chiranjeelal Bihani. The core issue was the validity of Trade Mark No. 963781, which had expired on October 16, 2010, due to non-renewal. Since the statutory period for renewal had long passed, the court found the petition to be infructuous and dismissed it without further order.