India IP Litigation
7,068 annotated decisions
Page 124 of 295 · 7,068 total
Kilitch Drugs (India) Limited v.Zee Laboratories Limited
The Plaintiff, Kilitch Drugs, sought an interim injunction and relief for passing off against the Defendant, Zee Laboratories. The dispute centered on the alleged infringement of the Plaintiff's registered trademarks (KILITCH and KILITCH SRO) in pharmaceutical preparations by the use of the impugned mark KILITH/KILITH SRO.
Also at v.Morepen Laboratories Ltd.
The plaintiff filed a civil suit seeking permanent injunction and delivery up of stocks against Morepen Laboratories Ltd. for alleged infringement of three registered patents related to SAROGLITAZAR free acid and its magnesium salt. The dispute was subsequently settled out of court through a Joint Compromise Memo, which the Court recorded.
Varun Chopra & Jagdaman Kumar Chopra v.Shyam Sunder Chopra And Sons, Sampan Chopra, Vaibhav Chopra, Samvitee Foods Pvt Ltd
The Karnataka High Court ruled in favor of the plaintiffs, overturning a lower court's decision to reject their trademark infringement suit. The core issue was whether Section 20 of the CPC (territorial jurisdiction) was applicable despite provisions of the Trade Marks Act. The Court held that the special provisions of the Trademark Act do not oust the general principles of territorial jurisdiction under the Code of Civil Procedure, especially when the cause of action arises within the court's jurisdiction. Consequently, the matter was remanded back to the Trial Court for a fresh consideration of the plaint rejection application.
Raghu Ram Guda v.Kithuru Mohideen
The Madras High Court dismissed a rectification petition filed by Raghu Ram Guda against Kithuru Mohideen and the Registrar of Trademarks. The petitioner sought to cancel Trademark No. 3952456 in Class 2. However, the court noted that the petitioner had subsequently been brought on record as the proprietor of the trademark, rendering the original petition unnecessary and moot.
M/S.J.S.F.Holdings Pvt. Ltd. v.Ms.Revathi Mohandass
The Madras High Court dismissed an Original Petition (Trademarks) filed by M/S.J.S.F.Holdings Pvt. Ltd. The petition sought the removal and rectification of Trademark No. 3712623 in Class 30. However, the petitioner subsequently informed the court that a compromise had been reached in an earlier infringement action, leading to the withdrawal of the current petition. This outcome highlights how prior litigation settlements can directly impact ongoing IP remedies.
Three Plaintiffs v.Revision Petitioner (Defendant in original suit)
A suit was filed by three plaintiffs seeking permanent injunction against the defendant for using the trademark 'IONS'. The defendant challenged the plaint, which was dismissed. The present Civil Revision Petition challenged this dismissal, arguing that Article 227 grants unfettered power of superintendence. The Court held that Article 227 cannot be used to circumvent Section 8 of the Commercial Courts Act, and thus dismissed the revision petition.
Rasila Jain v.Sh.J.Pradeep
The Madras High Court dismissed the Original Petition filed by Rasila Jain seeking to remove or rectify the trademark entry 'TULASI LABEL' (No. 1783252). The court noted that documentation presented indicated the trademark was valid only until February 10, 2019. Consequently, since the mark had expired, no further adjudication was required, and the petition was dismissed as infructuous.
Cadbury India Limited v.Gomathi Suresh
The Madras High Court dismissed a petition filed by Cadbury India Limited seeking to expunge Trademark No. 1050347 from the register. The court noted that the primary respondent, Gomathi Suresh, submitted that the trademark in question had already expired on October 8, 2021. Consequently, since the mark was no longer active, the petition became infructuous and was dismissed without further adjudication.
M/S.Resq Technologies Private Limited v.Rajdeep Energies Private Limited
The Madras High Court dismissed the Original Petition filed by M/S.Resq Technologies Private Limited against Rajdeep Energies Private Limited and the Registrar of Trademarks. The petition, which sought the removal or rectification of the trade mark 'RESQ' (Device Mark) registered under Trade Mark Registration No. 1779942 in Class 09, was withdrawn by the petitioner. This dismissal followed a settlement reached between the parties involved.
Baskar v.CPIO, Ministry of Commerce & Industry, DPIIT, RTI Cell
The appellant filed an appeal seeking detailed information about objections and classification of their design patent application (367649-001) under the Designs Act, 2000. The CPIO denied the request, arguing that the procedural aspects of design examination are governed by the Designs Act and Rules, not the RTI Act. The Commission upheld this stance, citing precedents on the limited scope of public information.
Kiri Industries Limited v.Huntsman Advanced Material (Switzerland) GMBH, The Controller of Patents, The Controller of Patents & Design
Kiri Industries Limited filed an Original Petition seeking revocation of Patent No. 216182, granted to Huntsman Advanced Material for 'AN AZO DYE'. The petitioner subsequently informed the court that it was withdrawing the rectification petition.
Chivas Holdings (Ip) Limited v.Mcdowell And Company Limited
The Madras High Court allowed Chivas Holdings' petition seeking the removal and rectification of a conflicting trademark registration, 'Tribute,' in Class 33. The court noted that Respondent No. 2 (United Spirits Limited) had filed an application for cancellation of this specific mark. Consequently, the court directed the Registrar of Trade Marks to rectify the register by removing Trademark Registration No. 636945 from the records.
T.G.Arumugam v.T.G.Harigopal
The Madras High Court addressed a petition seeking rectification of the trademark 'UMBRELLA BAND' registration. The court noted that the dispute had been resolved through a joint memorandum of compromise, which was subsequently decreed by a lower court. Consequently, the High Court directed the Trademark Registry to allow applications filed under Form TM-P and Form TM-M, thereby officially recording the petitioner as a joint proprietor alongside the respondent. Furthermore, the registry was mandated to implement the agreed geographical division of territory.
Solera Holdings, Inc. v.Solera Networks Inc.
The Madras High Court dismissed a petition filed by Solera Holdings, Inc. seeking the cancellation of Trademark No. 1795016 registered in the name of Solera Networks Inc. The court noted that the trademark registration had already expired on March 13, 2019. Consequently, since the mark was no longer valid, the petition became infructuous and was dismissed without any order regarding costs.
F.Hoffmann-La Roche Ltd v.Natco Pharma Limited
F.Hoffmann-La Roche Ltd filed a petition seeking the revocation of Patent No. 236791 from the patent register. However, the petitioner subsequently instructed their counsel to withdraw the petition.
N.Mariappan v.S.A.Safiullah and Co.
N.Mariappan filed an appeal seeking revocation of Patent No.198079, arguing that the invention lacked inventive step and was not patentable. The first respondent submitted that the relevant patent had already expired on August 28, 2020.
UltraTech Cement Ltd. v.Ultratech Paints and Allied Products
The plaintiffs filed an Interim Application seeking a temporary injunction against the defendants. The court allowed the application, granting an interim order restraining the defendants from using the impugned name 'ULTRATECH' and associated domain names to infringe upon or pass off goods related to the well-known trade mark 'UltraTech'.
Mentor Graphics Ireland Ltd. v.Acit, Circle- 2(2)(1), International ...
Mentor Graphics Ireland Ltd. appealed against an assessment order holding that consideration received from supplying/distributing its copyrighted software was chargeable to tax as 'Royalty' under the India-Ireland Double Taxation Avoidance Agreement (DTAA). The Tribunal, following Supreme Court precedents, ruled that payments made for resale through EULAs do not constitute royalty for the use of copyright.
World Of God Fellowship Inc./d/b/a/Daystar Television Network v.Daystar Television Network India Pvt. Ltd.; Registrar of Trademarks, Trademarks Registry, Chennai
The Madras High Court dismissed a petition seeking the removal and rectification of the trademark 'DAYSTAR TELEVISION NETWORK' from the register. The petitioners argued that the first respondent company had been struck off the Register of Companies and that the impugned trademark ceased to be valid after June 25, 2017. Given these developments, the court found the petition to be infructuous.
The Raring Corporation And Anr v.Neogie Engineering Works Pvt Ltd
The petitioners sought interim protection against the respondent for copying their registered design, 'Sonic Nozzle', which is an essential component of their dust suppression system. The dispute centered on whether the respondent's product infringed the petitioner's protected shape and configuration, or if the design was purely functional and therefore unprotectable.
V.V.Chandran v.Atco Udyog
The petitioner challenged an order passed by the District Court concerning a counter claim for revocation of a patent. The court held that the matter falls under the exclusive original jurisdiction of the High Court, but dismissed the petition because it was not suitable for admission at that stage.
Kanishk Sinha v.Dr Saumitra Mohan & Ors.
Kanishk Sinha filed a suit alleging patent infringement against Dr Saumitra Mohan & Ors. The plaintiff sought urgent interim relief but failed to satisfy the court regarding the necessity for dispensing with procedural formalities under the Commercial Courts Act, 2015. The Court granted one further opportunity to the plaintiff to address these formal requirements.
Ashique Exports (P) Ltd. v.Suresh K.K.
Ashique Exports (P) Ltd. filed an appeal challenging a lower court's judgment regarding trademark infringement and passing off related to its 'Super Wash – 555' washing soap. The Plaintiff alleged that the Defendants were using identical wrappers to deceive the public. However, the Madras High Court dismissed the appeal, primarily finding that the Plaintiff failed to prove prior use due to the inadmissibility of photocopied documents. Furthermore, the court held that the suit lacked territorial jurisdiction as the defendants' business was not within the court's limits.
ashok kumar sethi v.amazon technologies inc
Ashok Kumar Sethi and another sued Amazon Technologies Inc. for copyright infringement and passing off related to Henna Hair Colour products sold via Amazon's internet platform, alleging the use of identical labels 'Black Gold and Amin's'. The plaintiffs claimed significant advertising costs and a long-standing business presence under the trademark since 1993.