India IP Litigation
7,068 annotated decisions
Page 131 of 295 · 7,068 total
M And M Management Ltd., Mauritius (substituted by MHG IP Holding (Singapore) Pte Ltd) v.The Registrar Of Trade Marks, Delhi
The Delhi High Court allowed an application filed by M And M Management Ltd., Mauritius, seeking substitution of its name with MHG IP Holding (Singapore) Pte Ltd. The change was necessitated by a Deed of Assignment executed for certain trademarks, including 'TIVOLI HOTELS & RESORTS'. The court permitted the substituted appellant to carry out proposed amendments in the appeal memo and set a deadline for filing the revised appeal.
RSPL LIMITED v.AGARWAL HOME PRODUCTS & ANR.
This Delhi High Court order addresses a trademark dispute where RSPL LIMITED alleges that Respondent No. 1's registration of the word mark 'AGRAGHADIYAL' is deceptively similar to its well-known trademarks, 'GHARI' and 'GHADI'. The petitioner has filed an opposition against related marks and sought injunctive relief. The court acknowledged the core issue—the similarity between the marks—and granted the petitioner time to present relevant case law before scheduling a re-notification.
Virendra Kumar Gupta v.Burger King Corporation
The Madras High Court dismissed a rectification petition filed by Virendra Kumar Gupta against Burger King Corporation. The petitioner sought to cancel or impose a disclaimer on the 'Burger' and 'King' marks registered under No. 927122. The court relied on prior judgments, including one from the Delhi High Court and the Supreme Court ruling in Patel Field Marshal Agencies vs P.M. Diesels Ltd., concluding that the petition was not maintainable.
Ms. Aaradhya Bachchan And Anr. v.Bollywood Time & Ors.
Ms. Aaradhya Bachchan filed a civil suit alleging that various parties were circulating misleading videos on YouTube claiming she was critically ill or deceased, often using morphed pictures. The plaintiffs argued this violated her right to privacy and infringed upon the family's intellectual property rights, specifically copyright in their images. The court examined the role of social media intermediaries like Google LLC (YouTube) under the IT Rules, 2021, while setting procedural timelines for the parties to proceed with the infringement claim.
Delight Chemicals Private Limited v.Ganga Yallappa trading as Sarpa Paint
The Madras High Court dismissed several petitions filed by Delight Chemicals Private Limited seeking the removal or rectification of trademarks registered under Ganga Yallappa. The court noted that the petitioner had previously won a suit for infringement and passing off against the respondent in 2019. Crucially, the respondents submitted that the subject trademark had not been renewed since 2017. Based on this development, the High Court found that there was nothing left to adjudicate in the pending petitions, leading to their dismissal as infructuous.
Inter Ikea Systems Bv v.Devashish Rattan And Ors
Inter Ikea Systems Bv successfully secured an ex parte ad interim injunction against Devashish Rattan and others in the Delhi High Court. The plaintiff alleged that the defendants were slavishly copying over 2300 product listings, including proprietary names, images, and descriptions from the IKEA website, falsely claiming association with the brand. The court found a prima facie case was made out, granting immediate relief to prevent irreparable harm to the internationally renowned 'IKEA' trademark and trade dress.
Joseph Vogele AG v.Registrar Of Trademarks
The Delhi High Court allowed Joseph Vogele AG's appeal against the Registrar of Trademarks' refusal of their 'AutoSet Plus' trademark. The court recognized the mark's international presence, including EU CTM registrations, and noted that the appellant had obtained no objection letters from relevant foreign proprietors. Consequently, the impugned refusal order was set aside, allowing the application to proceed for registration, provided specific disclaimers were included regarding the word 'Plus'.
Blackberry Limited v.Assistant Controller Of Patents And Designs Patent Office
Blackberry Limited appealed a refusal order issued by the Assistant Controller of Patents which held that its method claims were not patentable because they consisted of executable software instructions. The High Court set aside this refusal, citing judicial precedents, and remanded the application for fresh consideration.
Honeywell International Inc. v.The Controller General Of Patents, Designs and Trademarks
Honeywell International Inc. appealed a rejection of its patent application for a low-cost programmable HVAC controller, which was denied under Section 3(k) (computer implementational invention exclusion). The Delhi High Court found that the original order lacked adequate reasoning and deliberation from the Joint Controller, merely concurring with the Examiner's finding without providing sufficient justification. Consequently, the court set aside the impugned order and remanded the matter for fresh consideration, directing the Respondent to take into account relevant judicial precedents.
Bioviz Technologies Pvt Ltd v.Schering Corporation
Bioviz Technologies Pvt Ltd filed a petition seeking the revocation of Indian Patent No. 207233 held by Schering Corporation. The court noted that the term of the patent had already expired on March 24, 2019.
Dongguan Huali Industries Co. Ltd. v.Anand Aggarwal And Ors.
In a significant step toward addressing alleged infringement, the Delhi High Court allowed the plaintiff, Dongguan Huali Industries Co. Ltd., to appoint local commissioners against the defendants. The court directed two advocates to visit the defendant's premises in Delhi and Siliguri to conduct an inventory of goods bearing the trademark 'HUALI' or possessing a similar trade dress. This order provides the plaintiff with crucial evidence gathering power, allowing them to proceed with their claim regarding trademark and trade dress infringement.
Westcourt Real Estate Private Limited / Shri Man Mohan Singh & Anr. v.Shri Man Mohan Singh & Anr. / Westcourt Real Estate Private Limited
The Delhi High Court framed a comprehensive set of issues in the ongoing commercial suits between Westcourt Real Estate Private Limited and Shri Man Mohan Singh & Anr. The disputes cover various aspects including rent suspension during lockdown, claims for equipment costs, return of property, trademark infringement (specifically regarding 'Noci-In-Q' and 'Asaya'), and validity of lease termination. By framing these issues, the court set the stage for detailed evidence recording on July 21, 2023.
Mr.K.Mangudithangaraj (Trading as Poonam Enterprises) v.Mrs. Thirumalsamy Shanthi & Mr. Karnan
This civil suit was filed by Mr. K. Mangudithangaraj, trading as Poonam Enterprises, against Mrs. Thirumalsamy Shanthi and Mr. Karnan for alleged trademark infringement and passing off related to the registered mark 'POONAM'. The plaintiff sought permanent injunctions and damages due to the defendants' use of the similar mark 'PUNITHAM'. However, despite multiple opportunities, the plaintiff failed to appear before the court on the date of judgment.
Nippon Telegraph And Telephone Corporation v.Controller Of Patents And Designs
Nippon Telegraph And Telephone Corporation appealed a decision by the Assistant Controller of Patents and Designs that refused its patent application (No. 6168/DELNP/2013) under Section 15 of the Patents Act, 1970. The High Court set aside the impugned order and remanded the matter back to the Assistant Controller for fresh consideration.
Microsoft Technology Licensing, Llc v.Assistant Controller Of Patents And Design
The appeal concerns the patentability of Computer Related Inventions (CRIs). The court heard arguments regarding the interpretation of Section 3(k) of the Patents Act, 1970. The respondent was given an opportunity to file an affidavit on whether the subject patent makes a technical contribution or effect.
Kalsi Metal Works Pvt Ltd v.Shree Ram Plastic Industries And Anr
The Delhi High Court allowed a joint application filed by Kalsi Metal Works Pvt Ltd and Respondent No. 1, leading to the cancellation of the impugned trademark registration (No. 2262092) in Class 17. This decision was reached following a compromise between the parties involved in the dispute. The court disposed of the appeal based on these mutual settlement terms.
Khadi And Village Industries Commission v.Pradeep Kumar Singh and Others
The Delhi High Court granted an interim injunction in favor of Khadi And Village Industries Commission against Pradeep Kumar Singh and others. The Plaintiff, proprietor of the well-known 'KHADI' trademark, successfully argued that the Defendants were deceptively using the mark 'ISOBEL KHADI GLOBAL' to ride on its goodwill. The court found a prima facie case for infringement and passing off, restraining the Defendants from using the impugned mark and maintaining the status quo on their website until further hearing.
M/S Prakash Industries Ltd. v.The Registrar Of Trade Mark & Ors.
The Delhi High Court addressed a contempt case involving M/S Prakash Industries Ltd. against the Registrar of Trade Marks concerning two specific trademark registrations. The court noted that one mark (No. 1800087) had been removed by the registry, while another (No. 1800086) was stated to have been abandoned. The court granted time for the respondents to file their replies and rejoinders, setting a future date for consideration.
Mankind Pharma Limited v.Arvind Kumar Trading And Anr.
The Delhi High Court allowed Mankind Pharma Limited's petition seeking the removal of the trademark 'NIKIND'. The court found that 'NIKIND' was confusingly similar to the petitioner's established family of marks, including 'NIMEKIND', and that its registration should be cancelled under Section 57 of the Trademarks Act. Furthermore, the judgment noted a lack of bonafide use and continuous non-use of the impugned mark for five years, leading to its removal under Section 47.
Charanjiv Kumar Taneja Trading As Chirag Enterprises v.The Registrar Of Trade Marks
The Delhi High Court dismissed a writ petition filed by Charanjiv Kumar Taneja Trading As Chirag Enterprises, which sought to restore a lapsed trademark registration. The petitioner had failed to renew their 'TIGER' mark after 2006 and only attempted renewal in 2022, sixteen years later. The court held that the petitioner could not take advantage of such undue delay, especially since the RTI response confirmed an O3 notice was generated in 2006 but remained untraceable.
Matrix Labs. Limited v.Astellas Pharma Europe Bv
Matrix Labs. Limited filed a petition seeking revocation of Indian Patent No. 234753. However, the court noted that the term of the subject patent had already expired on June 25, 2017.
T.A.S. Safraj Khan (USI Traders) v.S.A.Safiullah and The Controller of Patents
The petitioner filed a petition seeking the revocation of Patent No. 198079, which was granted to S.A.Safiullah by The Controller of Patents. However, the respondent submitted that the term of the patent had already expired, rendering the matter infructuous.
N.Solomon v.S.A.Safiullah and The Controller of Patents Patent Office
N.Solomon filed a petition seeking the revocation of Patent No. 198079, which was granted to S.A.Safiullah. The court noted that the term of the said patent had expired.
M/S Map Systems v.M/S Informatic Publishing Limited
M/S Map Systems appealed against an interim order passed by the Commercial Court that confirmed an ex-parte temporary injunction against them. The plaintiff, M/S Informatic Publishing Limited, claimed that the defendants had misappropriated its proprietary remote access solution, 'RemotLog,' to create a competing product called 'MapMyAccess.' The Karnataka High Court found that the trial court's order was vague and lacked proper reasoning regarding the grant of injunction. Consequently, the appeal was allowed in part, setting aside the temporary injunction and remitting the matter back to the Trial Court for a fresh hearing.