India IP Litigation
7,167 annotated decisions
Page 13 of 299 · 7,167 total
Salman Khan v.Ashok Kumar/John Doe & Ors.
The Delhi High Court registered the suit filed by actor Salman Khan against various defendants for alleged misappropriation of personality rights, trademark infringement, copyright violation, and passing off. The court granted several procedural reliefs to the Plaintiff, including exemption from mandatory pre-institution mediation due to the urgent nature of the matter. Furthermore, the court issued directions for service on identified infringing parties and set a timeline for filing written statements and replication, while also considering an application for ad-interim injunction.
J S F Holdings Pvt Ltd v.Assistant Registar Of Trade Marks And Gi & Anr.
The Delhi High Court successfully mediated and settled disputes concerning trademark opposition appeals. Following a successful settlement agreement, the court disposed of the appeals and decreed the underlying suit based on the mutually agreed-upon terms. This judgment highlights the effectiveness of judicial mediation in resolving complex IP conflicts efficiently, allowing parties to achieve tailored resolutions rather than proceeding through lengthy litigation.
Krbl Limited v.Vikram Roller Flour Mills Limited
The Delhi High Court addressed an appeal challenging the denial of interim injunction regarding the trademark 'INDIA GATE'. The court analyzed a prior consent order between the parties, which restricted usage based on product type and packaging size. While acknowledging the Appellant's claim as a well-known mark, the court ruled that if the Respondent's right to use 'dalia' flows from its existing rights for wheat products (atta, suji, etc.), it must adhere to the B2B/bulk sales restriction of 20 kgs and above. This interim order maintains the status quo while the core dispute over prior user rights remains sub-judice.
Ms Sapco Laboratories Private Limited v.The Registrar of Trademarks & Glenmark Pharmaceuticals Limited
The Madras High Court heard an appeal challenging the refusal by the Trademark Registry to grant registration for 'BREMONT-L' due to opposition from Glenmark Pharmaceuticals ('GLEMONT'). The court acknowledged the appellant's arguments regarding common industry usage (e.g., the suffix 'MONT') but refrained from making a final decision on the merits of similarity. Instead, the High Court set aside the Registry's order and remitted the matter back for fresh examination, allowing the appellant to submit additional evidence while ensuring the opponent gets a chance to respond.
Incyte Holdings Corporation v.Natco Pharma Limited
The suit was filed by Incyte Holdings Corporation seeking permanent injunction against Natco Pharma Limited for infringing Indian Patent No. IN269841, which covers the compound 'Ruxolitinib'. During the proceedings, the defendant stated that they have not commercialized any infringing product and their activities are covered under Section 107-A of the Patents Act, 1970.
Parveen Kumar Gulati Trading As Apexseals v.Registrar Of Trademarks
The Delhi High Court addressed a Writ Petition filed by Apexseals challenging the removal of its trademark application (No. 746049) without issuing the mandatory statutory notice under Section 25(3) of the Trade Marks Act, 1999. The petitioner argued that this procedural lapse violated established rules. Following arguments from both sides, the Court issued a notice to the Registrar of Trademarks and granted time for filing a Counter Affidavit, indicating the matter will proceed through formal litigation.
Neon Laboratories Limited v.Vishal Subhash Versus Parekar Syndicate Pharma
The Bombay High Court confirmed the existing ad-interim injunction regarding trademark 'NEON' infringement, finding that the rival mark was identical. Furthermore, the court granted interim relief concerning passing off, noting a strong prima facie case that the products were counterfeit and caused misrepresentation. The court also allowed the petitioner's leave petition to combine the causes of action for trademark infringement and passing off.
Ohr Laboratory Corporation v.Gasion Airtech Private Limited & Ors
The Delhi High Court granted an ad interim injunction in favor of Ohr Laboratory Corporation against Gasion Airtech Private Limited & Ors. The court found that the Plaintiff had made out a prima facie case, irreparable harm would result without intervention, and the balance of convenience favored the Plaintiff. Defendants are now restrained from using the 'OHR' mark or similar names/model numbers, as well as from reproducing copyrighted brochure elements.
S Birpal Singh v.Pawandeep Singh Walia Trading As Pawandeep Singh and Company & Ors.
The Delhi High Court addressed a preliminary objection raised by the respondent regarding the procedural form of a petition seeking cancellation of four registered trademarks (AKALI PATRIKA). The respondent argued that Section 57 of the Trade Marks Act requires separate petitions for each mark. The petitioner countered, offering to deposit additional court fees or file multiple petitions. The Court found the petitioner's suggestions reasonable and directed the respondent to take instructions before listing the matter again.
Haryana Pesticide Manufacturers Association v.The Controller Of Patents And Design & Anr.
The petitioner filed a writ petition challenging an impugned order regarding Patent application no. 201621004267. The petitioner asserted that mandatory procedures under Section 25(1) were not followed and the certificate of grant had not been issued despite filing a pre-grant opposition.
Dabur India Limited v.Wellford Pharmaceutical Private Limited & Anr.
The Delhi High Court granted a stay on the registration of 'WELLFORD PUDIN HARA' (Registration No. 5509160) in favor of Dabur India Limited, who challenged the mark's validity. Dabur successfully established a prima facie case based on its long-standing use and reputation of the core mark 'PUDIN HARA' since 1930. The court found that the Impugned Mark completely subsumes the Petitioner's mark, creating an irrefutable likelihood of confusion and deception in the market.
M/S Loreal v.M/S Loren Beautifiers Pvt Ltd And Others
The Calcutta High Court allowed an application filed by M/S Loreal seeking the cancellation of the mark 'LOREN BORORICH.' The sole ground for the petition was non-use, as the respondent failed to demonstrate any bona fide use of the trademark in relation to Class 3 goods for the statutory period. Given the uncontroverted allegation of non-use and the respondent's failure to provide evidence, the court directed that the impugned mark be removed from the register.
M/S. Loreal v.Loren Beautifiers Pvt. Ltd.
The Calcutta High Court allowed an application filed by M/S. Loreal seeking the cancellation of the mark "LOREN HAIR OIL" registered in Class 3. The sole ground for cancellation was non-use, as the respondent failed to demonstrate bona fide use of the trademark for the statutory period. Given the uncontroverted allegation of non-use, the Court directed that the impugned mark be removed/rectified from the register, reinforcing the importance of continuous commercial activity in maintaining trademark rights.
Pidilite Industries Limited v.Rameshwar Prasad & Ors.
The Delhi High Court addressed several procedural applications in the trademark infringement suit filed by Pidilite Industries Limited. The court condoned delays in filing replications for certain defendants. Crucially, while some parties proceeded toward trial, other defendants (18, 19, 20, and 21) were referred to the Delhi High Court Mediation Centre, reflecting a judicial push towards alternative dispute resolution in complex IP litigation.
M/S L Oreal v.M/S Loren Beautifiers Pvt Ltd And Ors
The Calcutta High Court allowed an application filed by M/S L Oreal seeking the cancellation of a similar mark, 'LOREN BOROHERB,' registered in Class 3. The sole ground for cancellation was non-use, as the respondent failed to demonstrate bona fide use of the trademark for the statutory period. Given the uncontroverted evidence of non-use, the Court directed that the impugned registration be removed from the register, reinforcing the importance of active commercial use for maintaining a trademark.
Marico Limited v.Minolta Natural Care
The Bombay High Court addressed an interim application in a commercial IP suit filed by Marico Limited against Minolta Natural Care. The court noted that the plaintiff had presented a strong prima facie case for infringement covering trademark, copyright, design, and artistic work based on rival products. While the defendant sought time to explore an amicable settlement, the court granted a short adjournment but made it clear that if no resolution is reached by the next date, the interim application will proceed to final hearing.
Asustek Computer Inc & Anr. v.Nokia Technologies Oy & Anr.
Asustek Computer Inc filed petitions seeking the revocation or removal of Indian Patents Nos. 356246 and 397206 from the Register of Patents. The court noted that these patents are part of Respondent No. 1's H.265/HEVC patent portfolio, and accordingly listed the petitions for further hearing.
S Chand And Company Ltd v.Kaushal Kumar And Ors
The Delhi High Court addressed several applications in the copyright and trademark infringement suit filed by S Chand And Company Ltd against various booksellers and e-commerce platforms. The court granted the plaintiff exemption from pre-litigation mediation, recognizing the urgency of interim relief. Crucially, the court issued an ad interim injunction directing Defendant No. 5 (Flipkart) to immediately take down listings of counterfeit books infringing on S Chand's registered trademarks and copyrighted works. Furthermore, the court provided procedural directions for serving summons and verifying the addresses of the various defendants.
Sporta Technologies Pvt. Ltd. v.Ankit Chaudhary Alias Ankit Sheoran
The Delhi High Court addressed several applications in a trademark infringement suit concerning 'Dream 11'. The court allowed the plaintiffs to implead NameCheap, Inc. and the unknown domain registrant as new defendants, recognizing the need to pursue those controlling the infringing domain 'dreamtips11.com'. Furthermore, the existing interim injunctions were extended and reinforced against these newly added parties, mandating them to cease trademark misuse and disclose relevant KYC details.
Frankfinn Aviation Services (Pvt.) Ltd. v.M/S Fly High Institute & Ors.
The Delhi High Court granted an ex parte ad interim injunction in favor of Frankfinn Aviation Services against M/S Fly High Institute & Ors. The court found that the Defendant's use of marks like 'FLY HIGH INSTITUTE' was deceptively similar to the Plaintiff's registered trademark 'FLY HIGH'. Given the high reputation and goodwill associated with the Plaintiff's mark, the court held that immediate restraint was necessary to prevent irreparable harm from infringement and passing off.
Ja Sterile Pvt Ltd v.The Registrar Of Trademarks, Trademarks Registry & Anr.
The Delhi High Court addressed procedural matters in the appeal filed by Ja Sterile Pvt Ltd against the Registrar of Trademarks. The court disposed of an application seeking exemption from filing certain documents, directing that certified copies of illegible materials be submitted within four weeks. The main appeal petition, challenging a prior order by the Trademark Registrar, was subsequently listed for further hearing on January 15, 2026.
Capital Foods Private Limited v.Sankalp Recreation Private Limited & Anr.
The Delhi High Court granted an ad-interim injunction in favor of Capital Foods Private Limited against Sankalp Recreation Private Limited and others. The court found that the defendants' use of deceptively similar marks, such as 'SCHEZUAN CHUTNEY', infringed upon the plaintiff's registered trademark 'SCHEZWAN CHUTNEY'. Given that the products are edible goods, the Court adopted a stringent approach to prevent consumer confusion and potential health risks. The injunction restrains the defendants from using any identical or similar marks until further proceedings.
T T Krishnamachari And Co. v.Commissioner of GST and Central Excise
The appellant, T.T. Krishnamachari & Co., challenged demands raised by the Department regarding service tax on royalty income received for allowing group companies to use their registered logo 'TTK'. The dispute centered on whether this usage constituted a taxable Intellectual Property Right (IPR) service or was exempt under copyright law.
T T Krishnamachari And Co. v.Commissioner of GST and Central Excise
The appellant firm, dealing in consumer durables and healthcare products, was assessed service tax on royalty income received for allowing its group companies to use its 'TTK' logo. The appellant argued that since the logo is registered as an artistic work under the Copyright Act, 1957, it qualifies for exemption. The Tribunal allowed the appeal, finding that the demand was unsustainable and citing relevant exemptions and prior judicial decisions.