India IP Litigation
7,167 annotated decisions
Page 12 of 299 · 7,167 total
Baldev Raj v.Brothers Tobacco & Ors.
The Delhi High Court granted Baldev Raj limited permission to introduce registered trademark certificates into the ongoing passing off suit against Brothers Tobacco. This relief was contingent upon a strict clarification: the Petitioner could not use these documents to convert the cause of action from passing off to infringement. The court emphasized that since the Petitioner possessed these registration details prior to framing issues, they must adhere strictly to the original claim of passing off.
Ultratech Cement Limited v.Ambush Cement Private Limited
Ultratech Cement Limited filed an application seeking permission from the Delhi High Court to challenge the validity of trademarks registered by Ambush Cement Private Limited. The court accepted notice and directed both parties to file their respective replies and rejoinders within specified timelines. This order sets the stage for a formal challenge to the defendants' trademark registrations before the Joint Registrar.
Gibraltar (Uk) Limited v.The Registrar Of Trade Marks
Gibraltar (Uk) Limited appealed the rejection of its trademark application for 'PROMAX' under Class 31, arguing that it was a prior user and should be accepted despite objections based on similarity to existing marks. The Madras High Court upheld the Registrar's decision, finding that the appellant’s mark was deceptively similar to cited marks already registered in the same class. The court emphasized that registering the single word 'PROMAX' would create an undue monopoly over a common formative mark.
R P Scherer Technologies Llc v.The Patent Office of India
The petitioner challenged the rejection of its Indian Patent Application (No. 202127050600) by the Assistant Controller on grounds of lacking inventive step. The core issue was whether the claimed formulation for oral delivery of poorly permeable proteins/peptides was non-obvious over cited prior art. Given the technical nature, the Court appointed a Scientific Advisor to render an opinion.
Dasaprakash Restaurant And Ice Cream Parlour Pvt.Ltd. v.The Deputy Registrar of Trademarks
The Madras High Court dismissed an appeal filed by Dasaprakash Restaurant and Ice Cream Parlour Pvt.Ltd., which sought to record its rights as a subsequent proprietor of the 'Dasaprakash' trademark. The court upheld the Trademark Registry's rejection, ruling that the transfer agreement was void ab initio because it was executed while the original proprietor, Balakrishna Rao, was legally incompetent due to insolvency proceedings. Furthermore, the court emphasized that since the mark was a family mark jointly owned by legal heirs, no single proprietor could unilaterally transfer rights.
Max India Investment Services Private Limited v.Union Of India & Ors.
The Delhi High Court stayed an order from the Ministry of Corporate Affairs that had directed petitioner, Max India Investment Services Private Limited, to change its name. The dispute arose because a respondent company claimed the petitioner's name was too similar to their registered trademarks ('MAX' and 'Max India Limited'). The court found that since the petitioner has been using the name incorporating 'Max India' since 2007, it established a prima facie case for interim relief. Furthermore, the parties were referred to mediation to explore an amicable resolution.
Hero Investcorp Private Limited Anr. v.Venuse Automobile
Hero Investcorp Private Limited filed a suit against Venuse Automobile alleging trademark infringement and passing off related to the 'HERO' brand. The Delhi High Court granted several interim reliefs in favor of the Plaintiffs, including an ex parte ad-interim injunction. Furthermore, the court appointed a Local Commissioner with powers to inspect the Defendant's premises, seize infringing auto parts bearing the HERO marks, and ascertain the stock value, signaling strong initial support for the Plaintiff's claims.
Rajput Jewellers Pvt Ltd v.Union Of India
The Delhi High Court addressed a petition filed by Rajput Jewellers Pvt Ltd challenging an ongoing complaint lodged against it by a third party regarding trademark ownership. The petitioner sought interim relief to prevent adverse orders from the Regional Director, Northern Division. While dismissing the apprehension of arbitrary action, the court issued a crucial direction, mandating that the Regional Director must dispose of the Section 16(1)(b) complaint after thoroughly considering all submissions and granting a proper hearing to all concerned parties.
Prabin Kumar Shah v.Manoj Kumar Jagnani And Ors
The Calcutta High Court heard an application for rectification filed by Prabin Kumar Shah seeking cancellation of Trademark No. 1553036 in Class 30. The court noted that the respondent's mark appeared to be slavishly imitating the petitioner's mark. Given the respondent's proposal to change the impugned mark (in color and font), the Court granted them an opportunity to revise it, while also directing them to adhere to a prior binding decree from the District Court at Bokaro.
Koninklijke Philips N.V. v.M/S Electrical Master
Philips filed a suit against Electrical Master for infringing its registered trademarks (PHILIPS), copyrights, and design rights concerning its Advanced Beard Trimmer Series 3000. The court found in favor of Philips, granting permanent injunctions, damages, and costs.
Super Milk Products Private Limited v.Pyare Lal Laxmi Narayan And Sons
The Plaintiff sued the Defendant for trademark infringement after the Franchise Agreement terminated. The Plaintiff alleged that the Defendant was clandestinely using a deceptively similar brand name, 'Cuppa Kevanter', which led to passing off of the Plaintiff's well-known trademark 'Keventers'.
Italfarmaco Spa v.Deputy Controller of Patents & designs
Italfarmaco Spa filed an appeal challenging a previous order by the Deputy Controller of Patents & Designs rejecting the grant of patent for Application No.10810/CHENP/2012. The High Court examined whether the Original Side Appeal was maintainable under Clause 15 of Letters Patent, considering the provisions of the Commercial Courts Act.
Trutzchler Gmbh And Co Kg Limited v.The Controller General Of Patents
The appellant challenged the Controller's decision to reject its patent application (1250/KOL/2009) primarily on grounds of lacking inventive steps. The appellant argued that the reintroduction of this objection after amendments and previous hearings violated natural justice principles. The High Court found that the procedure was against the scheme of the Act, setting aside the rejection order.
Novo Nordisk A/S v.Dr Reddys Laboratories Limited & Anr.
Novo Nordisk A/S appealed an order where a Single Judge found infringement and granted limited relief to Dr Reddys Laboratories Limited. The appeal centers on whether the suit patent (IN 2626971) is vulnerable to invalidity under Section 64 of the Patents Act, given that the learned judge found the claim obvious from prior art.
Italfarmaco Spa v.Deputy Controller of Patents & Designs
Italfarmaco Spa filed an appeal challenging the order passed by the Single Judge of the High Court of Madras. The core issue was whether this Original Side Appeal (OSA) was maintainable under Clause 15 of the Letters Patent, given that the original matter involved a rejection of patent grant under Section 15 of the Patents Act, 1970. The court held that since an appeal mechanism already existed under Section 117A of the Patents Act, the intra-Court Appeal under Clause 15 was not maintainable.
Italfarmaco Spa v.Deputy Controller of Patents & designs
Italfarmaco Spa filed an appeal challenging the order passed by the Single Judge of the High Court of Madras. The core issue was whether this Original Side Appeal (OSA) was maintainable under Clause 15 of the Letters Patent, given that the underlying matter involved a decision made under Section 117A of the Patents Act, 1970. The court held that since the Commercial Courts Act is a special enactment and provides specific appeal mechanisms, the intra-Court Appeal under Clause 15 was not maintainable.
Trutzchler Gmbh And Co Kg Limited v.The Controller General Of Patents
The appellant challenged the rejection of their patent application (No. 1250/KOL/2009) based on alleged lack of inventive steps. The appeal argued that the Controller reintroduced this objection suo moto, violating natural justice principles and contradicting earlier notices where the objection had been waived.
Docbel Industries & Anr. v.Braun Aktiengesellschaft
The Delhi High Court disposed of the dispute between Docbel Industries and Braun Aktiengesellschaft based on a comprehensive settlement agreement. The court accepted the compromise, which involved the formal assignment of Trademark registration no. 405367 (the mark BRAUN) from Appellant No. 2 to the Respondent. Furthermore, the parties agreed to the handover of all related documents and financial considerations, effectively resolving the underlying litigation.
Ultratech Cement Limited v.Dalmia Cement Bharat Limited
The Bombay High Court addressed the trademark infringement suit filed by Ultratech Cement against Dalmia Cement Bharat. The court formally framed seven key issues, including whether the defendant's use of 'DALMIA ULTRA' infringes upon Ultratech's registered trademarks and whether there is an act of passing off. This judgment sets the stage for detailed evidence presentation, directing the plaintiff to file affidavits within four weeks.
Vishnu And Company Trademarks Pvt. Ltd. v.Smotect Private Limited & Ors.
The Delhi High Court granted an ex parte ad-interim injunction in favor of Vishnu And Company Trademarks Pvt. Ltd. against Smotect Private Limited & Ors. The court found that the Defendants were using the Plaintiff's copyrighted label in promotional content, specifically an Instagram video, to portray the Plaintiff's product as harmful while promoting their own alternative. Consequently, the defendants were restrained from further use of the label and directed to take down the infringing videos within 72 hours.
Dileep Bakliwal Prop Poonam Marketing v.Mohan Singh Panwar
This petition challenged the rejection of a request to transfer a trademark infringement suit to the Commercial Court. The petitioner argued that since the dispute involved intellectual property, it should automatically fall under the jurisdiction of the Commercial Courts Act, 2015, regardless of the low valuation. However, the High Court ruled that while IP rights are covered by the Act, the requirement for a 'commercial dispute' to have a specified value of at least Rs. 3 lakhs must be met. Since the suit was valued below this threshold, the court upheld the trial court's decision and dismissed the petition.
Titan Company Limited v.The Controller of Patents & Designs
Titan Company Limited appealed the rejection of its patent application for 'A Jewellery Assembly' by the Controller of Patents & Designs. The Controller rejected the application, stating that the claims fell under Section 3(l) and were suitable for design registration rather than a patent. The High Court set aside the impugned order, finding that the respondent failed to consider the appellant's technical submissions.
P.G.Purushan (A) P.G Purushan v.The Registrar of Trademarks
The Madras High Court allowed an appeal filed by P.G. Purushan against the Trademark Registry's decision to reject their trademark application, 'STIMULAID.' The core issue was whether the applicant had abandoned the mark after failing to comply with initial examination report directions. The Court found that since the appellant had submitted Form TM-M and attended subsequent hearings, there was no evidence of abandonment. Consequently, the rejection order was set aside, compelling the Registrar to proceed with considering and potentially accepting the application.
Stove Kraft Limited v.The Registry of Trade Marks
The Madras High Court allowed Stove Kraft Limited's appeal against the Trade Mark Registry's refusal to register the mark 'Pigeon'. The court found that the appellant had presented prima facie evidence of prior consent terms with Pigeon Corporation, which warranted further consideration rather than outright rejection. Consequently, the registry was directed to accept and advertise the trademark application, allowing any objections from third parties to be addressed later on their merits.