India IP Litigation
7,068 annotated decisions
Page 113 of 295 · 7,068 total
Uab Research Foundation And Anr v.Controller General Of Patents And Designs
The Uab Research Foundation appealed against an order issued by the Assistant Controller of Patents and Designs. The impugned order refused to grant a patent application titled 'Purine Nucleoside Phosphorylase as Enzymatic Activator of Nucleoside Prodrugs' because the claims were deemed to fall within the scope of Section 3(i) of the Act.
Raytheon Company v.Controller General Of Patents And Designs
Raytheon Company appealed the rejection of its patent application by the Assistant Controller of Patents. The appellant argued that the rejection relied on outdated guidelines (CRI Guidelines, 2016), while the newer 2017 guidelines were already in effect and did not mandate novel hardware for Section 3(k) applicability.
Johnson And Johnson Consumer Companies Inc v.The Controller Of Patents
Johnson And Johnson Consumer Companies appealed a decision by the Controller of Patents that refused to grant a patent for 'Leave-on Compositions Containing Cellulose Materials' due to lack of inventive step. The core dispute revolved around the prior art cited against the application, particularly documents in Japanese. The court condoned procedural delays and directed remedial steps to ensure translated copies of the foreign language prior art were made available before listing the case for final hearing.
Microsoft Corporation v.Pcpatchers Technology Private Limited
In a significant ruling concerning brand protection, the Delhi High Court directed various international Domain Name Registrars (DNRs) to comply with an existing injunction. Microsoft Corporation sought permanent relief against entities allegedly violating its trademarks and copyrights through fraudulent activities using 'MICROSOFT' in domain names. The court granted a final opportunity for DNRs to provide necessary WHOIS details and suspend the infringing domains, warning that failure to comply within one week would lead to legal action by the Ministry of Electronics and Information Technology (MeitY).
STP Limited v.Registrar Of Trade Marks, New Delhi
The Delhi High Court allowed STP Limited's appeal against the refusal of its trademark application 'SHALIMARK'. The initial rejection was based on similarity to earlier marks. However, the court permitted the application to proceed by restricting the scope of goods, specifically removing 'building material (non-metallic)' from the list. This decision allows the mark to be advertised in the trade mark journal for further opposition proceedings.
Tekelec, Inc. v.The Controller of Patents
Tekelec, Inc. filed a miscellaneous petition seeking reinstatement of claim No. 32 in Patent Application No. 7133/CHENP/2009. The court noted that the petitioner's counsel was not pressing the petition and closed the matter at the SR stage.
Satish Kumar Panjwani v.Nitin Garg
The plaintiffs sought an interim injunction against the defendants for using trademarks ('Maa Shakti' and 'Nari Shakti') that were allegedly identical or deceptively similar to their registered copyright/trademark, 'Ruchi Shakti', used for edible oil. The court found that the packaging of the defendant no. 2 was almost identical to the plaintiff's, satisfying the test of likelihood of confusion.
A.D.Padmasingh Isaac (Trading as Aachi Spices and Foods) v.V.Senthil Kumar & The Registrar of Trademarks
This Madras High Court judgment addressed a complex dispute involving trade mark infringement and rectification petitions between Aachi Spices and Foods and V.Senthil Kumar. The parties ultimately reached a comprehensive settlement, formalized through a Memorandum of Compromise dated August 31, 2023. Consequently, the court decreed the civil suit by granting a permanent injunction against the defendant's use of similar marks, while simultaneously directing the Registrar of Trademarks to cancel and rectify the disputed registrations held by the respondent.
M/s.Prestige Buildwell Private Limited v.M/s.Prestige Estates Project Ltd.
The Madras High Court dismissed a series of rectification petitions filed by M/s. Prestige Buildwell Private Limited against M/s. Prestige Estates Project Ltd. The petitions sought to rectify, revoke, or cancel several trademark registrations based on alleged non-use. However, the court noted that the petitioner had previously admitted in civil proceedings that the first respondent was the registered proprietor of the 'Prestige' mark and undertook only to use a specific trading style ('Prestige Buildwell Private Limited'). Based on this prior agreement, the court closed the rectification petitions.
Sanjeev Juneja v.Imaamuddin Khan And Anr
Sanjeev Juneja filed a petition seeking the cancellation of the trademark 'Dr. Ortho' registered by Imaamuddin Khan. The petitioner argued that his established use of the identical mark in orthopaedic goods (Class 10) would be violated by the respondent's registration for textiles and mattresses (Class 24). Despite the class difference, the court found the petitioner prima facie aggrieved and issued notice to the respondents, setting the matter for detailed arguments.
Jay Switches India Pvt Ltd v.Sandhar Technologies Ltd & Ors
The plaintiff seeks a permanent injunction against the defendants for the infringement of Patent No. 427110 and registered Design No. 275676, along with passing off and rendition of accounts.
Centaur Pharmaceuticals Pvt.Ltd v.La Renon Health Care Pvt.Ltd.
Centaur Pharmaceuticals Pvt.Ltd filed a suit against La Renon Health Care Pvt.Ltd. and Stanford Laboratories Pvt. Ltd. alleging infringement of their Patent No. 224100, seeking an injunction, accounts, seizure, and Rs. 1 crore in damages. However, the plaintiff subsequently withdrew the suit.
Board of Regents, The University of Texas System v.The Assistant Registrar of Trade Marks
The Madras High Court allowed the appeal filed by The University of Texas System regarding the trademark 'cancer and Slash Design'. The court found that the Registrar's previous refusal was unreasoned, failing to consider evidence of use and international registrations. Consequently, the application was accepted for advertisement, provided the university does not claim exclusive rights over the word 'Cancer'.
M/S.Pioneer Bakeries Pvt. Ltd. v.Mr.V.M.Joseph and The Registrar of Trademarks
The Madras High Court disposed of rectification petitions filed by M/S. Pioneer Bakeries Pvt. Ltd. against Mr. V.M. Joseph regarding the trademark 'MILKA'. The court relied on a binding Dispute Settlement Agreement (MOU) dated 18.02.2016, wherein Mr. Joseph acknowledged that PBPL was the true proprietor of 'MILKA' and agreed to end all disputes. Consequently, the Court directed the Registrar of Trademarks to cancel the disputed registrations.
M/s. TIL Healthcare Private Limited v.The Registrar of Trade Marks
The Madras High Court allowed the appeal filed by TIL Healthcare Private Limited, setting aside the Trade Mark Office's refusal to register the mark 'URELOG'. The court found that despite objections based on similarity to existing marks, the appellant successfully demonstrated the distinctiveness of the word mark. By considering the specific derivation of the elements ('URE' from urea/urine and 'LOG' from ketoanalogue) and noting that the mark was not a self-evident fusion, the High Court directed the Registrar to accept the application for advertisement.
Jawan Guarding Services Private Limited v.Senior Examiner of Trade Marks, Intellectual Property Office
The Madras High Court overturned the Senior Examiner's objections against Jawan Guarding Services Private Limited's trade mark applications. The court found that the device mark was inherently distinctive and disregarded the examiner's narrow focus on the words alone. Consequently, the appeals were allowed, directing the acceptance of the mark for advertisement, provided the appellant does not claim exclusive rights over its constituent words when used individually.
M/s.Aloha India (A Division of K K Academy (P) Ltd) v.J.V.Vasantha Laxmi and others
M/s. Aloha India filed a civil suit seeking permanent injunctions against several defendants for infringing its registered trademark 'ALOHA' and copyrighted educational materials by using the similar mark 'ALAMA'. The suit also claimed damages for passing off related to mental arithmetic and abacus education programs. However, due to the plaintiff's failure to appear before the court despite repeated notices and previous dismissals for non-prosecution, the Madras High Court dismissed the case for default.
Jupiter Drugs Partnership Concern v.Mrs.M.Sarojini Proprietrix; The Deputy Registrar of Trademarks
Jupiter Drugs filed an Original Petition seeking to expunge or limit the registered trademark 'ZIPROVIT' (No. 1306475) held by Mrs. M. Sarojini Proprietrix, citing issues related to geographical scope and use. However, the Madras High Court dismissed the petition for non-prosecution because the petitioner could not be served notice due to an outdated address. This procedural dismissal effectively halted Jupiter Drugs' attempt to challenge the trademark registration.
Wisig Networks Pvt Ltd. v.Controller Of Patents
Wisig Networks Pvt Ltd. challenged the Controller of Patents regarding systemic issues in the e-filing system, which prevented the submission of a divisional patent application following a remand by the IPAB. The petitioner's original parent application had been refused but was subsequently remanded for re-consideration. Since the online portal reflected the 'refused' status, the divisional application could not be filed digitally. The Madras High Court acknowledged this systemic glitch and issued several directions to facilitate the filing process.
Manju Singal Proprietor Singla Food Products v.Deepak Kumar, Deepak Manocha, Sara Sales and Anr.
Manju Singal Proprietor Singla Food Products filed a petition seeking rectification of a conflicting copyright registration held by Deepak Kumar. The petitioner claimed ownership over their artistic packaging design for 'Gulchhare' since 2009, asserting that the respondent's subsequent registration was based on an identical and slavish imitation. After examining the works, the Delhi High Court found that the respondent's work lacked originality compared to the petitioner's earlier creation.
Nokia Technologies Oy v.Guangdong Oppo Mobile
The case involves issues of patent infringement, invalidity, essentiality, and FRAND compliance related to Standard Essential Patents (SEPs) held by Nokia against Oppo. The court has reserved judgment on injunction applications after extensive hearings.
Nokia Technologies Oy v.Guangdong Oppo Mobile
The case involves issues of patent infringement, invalidity, essentiality, and FRAND compliance related to Standard Essential Patents (SEPs) held by Nokia against Oppo. The court has reserved judgment on injunction applications after extensive hearings.
Promoshirt Sm Sa. v.Armasuisse And Anr.
This Letters Patent Appeal (LPA) was filed by Promoshirt SM SA. challenging decisions related to its trademark registration applications, specifically against an opposition raised by Armasuisse. The respondents challenged the maintainability of the LPAs under Section 100-A of the Code of Civil Procedure, arguing that no further appeal should lie from a Single Judge's appellate order. The High Court ultimately negated this preliminary objection, holding that since the Trade Marks Act did not mandate adherence to the restrictive provisions of the CPC, the LPA remedy remained applicable.
Helsinn Healthcare Sa v.Zydus Healthcare Limited
The plaintiff alleged that the defendant was infringing Indian Patent No. 426553, which covers a combination therapy (Netupitant and Palonosetron) used as an antiemetic for CINV. The court registered the plaint as a suit and directed both parties to file their respective written statements and pleadings.