India IP Litigation
7,068 annotated decisions
Page 12 of 295 · 7,068 total
XX v.Y
The Delhi High Court allowed the commercial suit filed by XX against Y, which alleges infringement of trademarks and designs related to 'HERO Genuine engine oil.' The court granted several procedural reliefs, including masking party identities and exempting the plaintiffs from pre-institution mediation due to the urgent nature of the relief sought. Crucially, the court permitted the appointment of a Local Commissioner to inspect the premises, seize infringing stock, and ascertain its value, paving the way for immediate interim protection.
Ganraj Enterprises v.Land Mark Crafts Pvt. Ltd & Anr.
The Delhi High Court issued an order allowing the Respondent No. 1 to file several additional documents in the ongoing trademark litigation. The application sought modification of a prior order, primarily to bring on record evidence concerning the change of ownership of trademarks and detailed arguments regarding the alleged deceptive similarity between the parties' marks. This procedural step allows the court to consider complex issues related to assignment dates and examination objections.
Sterlite Technologies Limited v.Hfcl Limited
The Delhi High Court passed an order listing the issues in a suit for infringement and a counter-claim seeking revocation of the patent. The court framed multiple issues concerning whether the defendant infringed the patent and whether the patent is liable to be revoked under various provisions of the Patents Act, 1970.
Kaha Pte. Ltd. v.Assistant Controller Of Patents And Designs
Kaha Pte. Ltd. filed an appeal challenging the Assistant Controller's decision to refuse the grant of a patent for application no. 02017037882. The court also addressed an interlocutory application seeking exemption from document submission requirements.
Vivek Verma & Ors. v.The Registrar Of Trademarks & Anr.
The Delhi High Court granted a stay on the registration of the trademark 'PALANG TORE MARD CHOURI PATTI' in favor of Vivek Verma & Ors. The court found that the Impugned Mark is identical or deceptively similar to the Appellant's existing marks, particularly considering the nature of the goods (chewing tobacco/gutkha) and the consumer base (illiterate sections). This decision highlights the high risk of market confusion when identical marks are used for related products.
Sun Pharma Laboratories Limited v.Rambos Lifesciences Pvt Ltd
The Bombay High Court allowed Sun Pharma Laboratories Limited's leave petition seeking to consolidate the cause of action for passing-off with the existing claim of trademark infringement against Rambos Lifesciences Pvt Ltd. The court found that since both causes of action arose from the same set of transactions, combining them was appropriate. Furthermore, the interim relief previously granted in the matter was directed to continue until the next hearing date.
Ms Anuradha Sharma & Anr. v.Jiva Ayurvedic Pharmacy Limited & Ors.
The Delhi High Court stayed an interim injunction granted by the Commercial Court, which had prohibited Ms. Anuradha Sharma's use of her registered trademark 'SHATAM JEEVA'. The court found that a prima facie case existed for the appellant to challenge the order, particularly regarding the lack of sufficient evidence demonstrating goodwill and likelihood of confusion in the passing off action. Furthermore, the High Court issued a directive to Commercial Courts, mandating clear findings on whether an injunction is based on infringement or passing off, and requiring positive proof of goodwill in passing off cases.
Pachranga International Inc. v.Vishisht Malik Trading As M/S Pachranga Food Industries
Pachranga International Inc. filed an application alleging that Vishisht Malik Trading As M/S Pachranga Food Industries willfully disobeyed a prior court order dated 11.03.2025, which restrained the defendant from dealing in products bearing deceptive labels and infringing on the plaintiff's registered design, copyright, and trademarks. The plaintiff alleged continued violation through manufacturing and online sales using similar branding. In response, the defendant undertook to modify the trade dress of its label by changing the color and font, while also confirming the removal of specified URLs.
M/S. Tvs Motor Company Limited v.The Assistant Controller of Patents & Designs, Patent Office
TVS Motor Company Limited appealed an order by the Assistant Controller of Patents rejecting its application for "Vehicle Frame Assembly" on grounds including lack of inventive step, exclusion under Section 3(f), and formal requirements. The appellant argued that the rejection failed to follow a proper five-step analysis when assessing obviousness against cited prior art. The High Court set aside the impugned order and remanded the application for reconsideration.
M/S. Tvs Motor Company Limited v.The Assistant Controller of Patents & Designs, Patent Office
TVS Motor Company appealed an order rejecting its patent application for a 'Vehicle Frame Assembly' due to lack of inventive step and other objections. The appellant argued that their design, which mounts a utility box on gusset plates instead of cross members, provides surprising technical effects like enhanced strength and optimized space utilization. The High Court set aside the rejection order and remanded the application for reconsideration.
Abdul Rahim Khalilur Rehman v.Abdul Karim Khalilur Rehman
The Bombay High Court addressed two Commercial Arbitration Petitions concerning a dispute over the dissolved partnership firm's assets, specifically the 'Moulvi' trademark. The core issue was whether third parties (Respondent Nos. 3 and 4) could be bound by the ongoing arbitration proceedings against Respondent No. 1. The court ruled that instead of granting immediate relief, it converted the petitions into Section 17 applications, directing the Petitioner to raise the 'alter ego' doctrine before the Arbitral Tribunal itself. This allows the tribunal, guided by Supreme Court precedent, to determine if the third parties are bound by the existing arbitration agreement.
Mir Mahamood Ali & Ors. v.Mir Mukkaram Ali
The Madras High Court ruled in favor of the petitioners, ordering the expungement of the respondent’s name from the Copyright Register. The dispute centered on a conflict where the respondent was incorrectly listed as the owner of the artistic features of the 'Sagar Homeo Stores' trademark, despite the petitioners being the rightful owners. By establishing their prior and valid registration with the Trademark authority, the court found the opposing copyright entry to be illegal and concocted.
M/S. Dunlop India Limited (In Liqn.) v.Dunlop Aircraft Tyres Limited
The Calcutta High Court granted leave to M/S. Dunlop India Limited to continue its trademark rectification and cancellation proceedings against a company now in liquidation. The dispute centered on preventing the use of the 'DUNLOP' mark, including various prefixes and suffixes, for aircraft tyres by the liquidating entity. This decision allows the established market leader to pursue legal remedies to protect its brand integrity within the specialized aviation sector.
Himalaya Wellness Company & Ors. v.Greenland Trading Company
The Delhi High Court granted an interim injunction in favor of Himalaya Wellness Company, finding a prima facie case of trademark infringement and passing off against Greenland Trading Company. The court recognized 'HIMALAYA' as a well-known mark due to its extensive global use since 1930. Given the potential for consumer confusion in the health and wellness sector, the court restrained the defendant from using deceptively similar marks until further hearing.
Ajay Alias Vishal Veeru Devgan v.The Artists Planet & Ors.
The Delhi High Court issued several procedural orders in the ongoing suit filed by Ajay Alias Vishal Veeru Devgan against The Artists Planet & Ors. The court granted exemptions to the plaintiff from mandatory pre-litigation mediation, citing the need for urgent interim relief. Furthermore, the court directed the production and inspection of documents by the defendants, while also formally registering the plaint as a civil suit seeking protection against trademark infringement, passing off, copyright violation, and misappropriation of personality rights.
M/S. Sudhakar Pvc Products Pvt. Ltd. v.Mahendra Pratap Singh
The Madras High Court closed Original Petition (Trade Marks) No. 58 of 2025 after both parties reached a settlement. The petitioner, M/S. Sudhakar PVC Products Pvt. Ltd., sought to remove or rectify the registration of trademark no. 6322916 in Class 17. The first respondent, Mahendra Pratap Singh, agreed to the removal via an undertaking submitted to the court. Consequently, the Registrar of Trademarks was directed to make the necessary corrections within four weeks.
Classic Legends Private Limited / Mr. Boman R. Irani v.The Official Liquidator of M/S Ideal Jawa Private Limited
The Karnataka High Court allowed appeals filed by Classic Legends Private Limited (and Mr. Boman R. Irani) against an earlier ruling concerning the trade marks of Ideal Jawa. The court ruled that since the company had not used or renewed its registered trade marks for decades, no goodwill would subsist, and the rights had dissipated due to non-use. This decision significantly impacts the value and enforceability of the brand in liquidation proceedings.
Kluster Llc & Anr. v.Mr. Deval Ravindrabhai Bambhaniya & Ors.
The Delhi High Court decreed a suit between Kluster Llc & Anr. and Mr. Deval Ravindrabhai Bambhaniya & Ors., formalizing an amicable settlement reached by the parties. The defendants acknowledged Kluster's proprietary rights over the 'KLUSTER' mark, trade dress, and copyrighted material. In exchange for a decree, the defendants agreed to cease all use of the infringing marks/designs, refrain from copying original works, and pay Rs. 3,00,000/- in litigation costs.
Provogue India Private Limited v.Harish Kumar Dhawan & Ors.
The Delhi High Court allowed Provogue India Private Limited to proceed with its trademark infringement suit against Harish Kumar Dhawan & Ors., granting exemptions from mandatory pre-litigation mediation and advance service. The court recognized the urgency of the matter, noting the risk that defendants might conceal or suppress their infringing operations. Furthermore, the court directed a local commission inspection to gather evidence regarding the alleged deceptive trade mark use in the manufacturing and sale of leather goods.
Jyoti Sharma (Trading As Akhand Bharat Enterprises) v.The Registrar of Trade Marks
The Delhi High Court allowed Jyoti Sharma's appeal against the Registrar of Trademarks' refusal to register a device mark. The court found that the original refusal order contained significant factual errors, incorrectly characterizing the application as a word mark for services when it was actually a device mark for goods in Class-9. Consequently, the matter was remanded back to the Registrar for fresh consideration, without prejudging the merits of the registration claim.
Easy Trip Planners Limited v.Inditab E Solutions Private Limited
The Delhi High Court issued several orders in the suit filed by Easy Trip Planners Limited against Inditab E Solutions Private Limited, which seeks permanent injunction against infringement of trademark, copyright, and passing off. The court granted the plaintiff exemption from mandatory pre-institution mediation due to the urgent nature of the interim relief sought. Furthermore, the court set timelines for the filing of written statements and replication, scheduling the next hearing for the injunction application.
Rajani Products v.Madhukar Varandani, Proprietor Of M/S Naturalindia Oils And Proteins & Anr.
Rajani Products filed a petition seeking the removal of a specific Copyright registration (A-128046/2019) held by Madhukar Varandani. The petitioner, engaged in manufacturing edible oils, claimed that their own artistic works and labels, featuring the SWASTIK device, were prior and original. They argued that the impugned work was a substantial reproduction of their protected designs. After comparing the two artistic works, the court found that the Impugned Artistic Work lacked originality and substantially imitated the Petitioner's registered works.
Trident Limited v.Controller Of Patents
Trident Limited appealed a decision by the Controller of Patents that refused grant for its patent application concerning 'Air Rich Yarn and Fabric and its Method of Manufacturing'. The Appellant argued that the refusal, based on lack of inventive step, was flawed because the cited prior art did not disclose the critical feature: uniformly distributed pores across the radial cross-section of the yarn. The Delhi High Court found infirmities in the Impugned Order, particularly regarding the interpretation of novelty and obviousness against the specific claims. Consequently, the High Court set aside the refusal order and remanded the matter for fresh consideration by a different Controller.
Medilabo Rfp Inc v.The Controller Of Patents
Medilabo Rfp Inc appealed the refusal of its patent application for a prophylactic drug composition intended for neurodegenerative diseases. The core dispute centered on whether the claims, which described a chemical composition, could be rejected under Section 3(i) (lack of inventive step/patentability criteria) because they were used for treatment. The High Court found that the Controller failed to address all objections and misinterpreted the scope of the product claim versus its therapeutic application. Consequently, the appeal was successful, leading to the setting aside of the refusal order and remanding the case for fresh consideration.