India IP Litigation
7,068 annotated decisions
Page 137 of 295 · 7,068 total
Patanjali Ayurved Limited v.Yog Guru Ayurveda & Ors.
The Delhi High Court permitted Patanjali Ayurved Limited to amend its plaint in a trademark infringement suit against Yog Guru Ayurveda & Ors. The court found that the proposed amendments were procedural, correcting inadvertent errors and clarifying the scope of the claims without altering the substance or prejudice to the defendants. This allows the core dispute regarding alleged trademark infringement and passing off to proceed with more precise pleadings.
Sns Products Private Limited v.Ijazuddin
The Delhi High Court disposed of a commercial suit (CS(COMM) 34/2022) in favor of Sns Products Private Limited. The defendant, Ijazuddin, agreed to permanent injunctive relief for the plaintiff and consented to transferring all relevant trademark and copyright applications to the plaintiff. Consequently, the court passed a decree based on these terms, resolving the dispute.
Fontaine Limited v.Vinod Mahadik & Anr.
Fontaine Limited successfully petitioned the Delhi High Court for the cancellation of a conflicting trademark, 'impugned mark,' registered by Vinod Mahadik & Anr. The Petitioner demonstrated that the Respondent had failed to use the mark continuously for over five years, providing evidence of non-use through investigator reports and online searches showing inactivity. Given the Respondent's failure to appear despite substituted service, the Court allowed the petition, directing the cancellation of the conflicting registration.
Inreco Entertainment Private Limited v.M/S. Nav Records Private Limited (Nupur Audio)
The Calcutta High Court admitted the plaint filed by Inreco Entertainment Private Limited against M/S. Nav Records Private Limited. The court granted necessary procedural leaves and dispensed with certain requirements due to the urgency pleaded in the case.
Google Llc v.Google Enterprises Pvt Tld & Ors
The Delhi High Court ruled in favor of Google LLC against several defendants for trademark infringement and passing off. The court found that the defendants were colluding to misuse the globally recognized 'GOOGLE' mark on various websites, falsely suggesting an association with the multinational tech giant. Consequently, the suit was decreed, granting Google a permanent injunction, awarding damages of INR 10 lakhs, and directing the Department of Telecommunications (DoT) to block the infringing domain name.
Samridhi Enterprises v.Flipkart Internet Private Limited & Ors.
Samridhi Enterprises filed a suit against Flipkart and several sellers for alleged infringement of its trade marks and copyrighted marketing materials related to car covers. The court recognized the prima facie case of infringement, particularly concerning the unauthorized use of design look-and-feel and promotional imagery by third-party sellers on the platform. Crucially, the court issued an interim injunction restraining these infringing parties from using the plaintiff's intellectual property until the full trial can proceed.
Astral Limited & Anr. v.Astralglee & Ors.
The Delhi High Court disposed of the suit between Astral Limited and Astralglee following a comprehensive settlement agreement reached by both parties. The court decreed the suit in favor of the Plaintiffs against specific defendants (No. 1, 2, and 3) according to the terms of the settlement dated February 21, 2023. Notably, the judgment confirmed that one clause within the settlement—where Defendants admitted 'ASTRAL' is a well-known trademark—would legally bind them.
Pidilite Industries Limited v.Mr. X, Trading As, M/S Prabhat Store
In a trademark infringement case concerning Pidilite Industries Limited's products (FEWIKWIK and M-SEAL), the Delhi High Court granted an extension for its local commissioners. The court allowed the plaintiff to continue seizing counterfeit goods based on new market evidence, ensuring that enforcement actions could proceed until the next hearing date. This order maintains the status quo regarding anti-counterfeiting measures while allowing defendants time to prepare their defense.
Element Six Technologies Limited v.Controller Of Patents And Design
The appellant challenged the Deputy Controller's order refusing grant of a patent application (No. 10030/DELNP/2011) under Section 3(d). The court allowed the appeal, setting aside the refusal and remanding the application for fresh consideration of the remaining claims.
Ticona Polymers, Inc. v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Ticona Polymers against the Registrar of Trade Marks' refusal to register the word mark 'COOLPOLY'. The court held that a trade mark cannot be dissected into its component parts (like COOL and POLY) when assessing inherent distinctiveness. Finding that 'COOLPOLY' as a whole was not descriptive, the High Court quashed the rejection order and remanded the application for further processing.
Murarilal Harish Chandra Jaiswal Pvt ltd. v.Shivashankar
The plaintiff, engaged in manufacturing tobacco products under the trademark HANSCHAAP, filed a suit alleging that the defendants were dishonestly adopting and using identical/deceptively similar trademarks (HANS and HANSVENBA) on their impugned goods. The court found the defendants guilty of infringement, passing off, dilution, and copyright violation.
Old Madras Baking Company Pvt Ltd v.M/s.Suryachandra Enterprises
The Madras High Court decreed a civil suit filed by Old Madras Baking Company Pvt Ltd against M/s.Suryachandra Enterprises concerning trademark infringement, copyright violation, and passing off. The dispute involved the use of the 'OLD MADRAS BAKING COMPANY' mark across various classes and digital platforms. Crucially, the court accepted a Memo of Compromise and Trademark Assignment Deed signed by both parties, leading to the suit being settled and decreed without costs.
Twentieth Century Fox Film Corporation v.The Registrar
The Delhi High Court allowed Twentieth Century Fox Film Corporation's appeal, overturning the Trade Marks Registry's refusal to register a proposed mark. The court held that despite some phonetic similarity, the marks were not similar when viewed as a whole because the cited mark was a composite device containing unique visual elements (a sketch and bilingual text) absent in the appellant's mark. This ruling emphasizes that for trademark opposition under Section 11(1), the comparison must be holistic, preventing mere phonetic resemblance from leading to rejection.
Ashok Kumar Gupta & Anr. v.Sandip @ Sandeep Yadav & Anr.
The Delhi High Court initiated trademark opposition proceedings where Petitioners, established users of a mark in the Plaster of Paris (POP) business since 2004, sought cancellation of a registered mark held by Respondent No. 1. The court allowed an initial application for exemption regarding document filing while setting out the procedural framework for the dispute. Notice was issued to the respondents, and the parties were directed to file detailed submissions before further hearings.
Diamond Star Global Sdn. Bhd. v.Joint Controller Of Patents And Designs
The appellant challenged the rejection of its patent application for 'Hygiene Wash' by the Joint Controller. The appellant argued that the rejection, based on insufficiency of disclosure (Section 10(4)), was violative of natural justice as no objection was raised at earlier stages. The court directed re-notification to hear the matter further.
Ozone Overseas Private Limited v.Sukkhjinder Singh Virdi & Ors.
The Delhi High Court framed issues in the suit filed by Ozone Overseas Private Limited against Sukhkjinder Singh Virdi & Ors. The litigation involves multiple IP claims, including infringement of the registered trademark OZONE/OZONE DEVICE and copyright infringement related to product catalogues and logos. Furthermore, the plaintiff has alleged passing off due to the defendants' use of near-identical materials. This order sets the stage for a full trial addressing territorial jurisdiction, ownership rights, and damages.
Greaves Electric Mobility Private Limited v.The Controller Of Patents & Ors
The petitioner, Greaves Electric Mobility Private Limited, filed a case against The Controller of Patents. The respondent argued that the Controller was not a necessary or proper party to the revocation petition, relying on Section 64(5) of the Patents Act, 1970.
Astral Ltd v.Ashirvad Pipes Pvt Ltd
Astral Ltd filed a suit against Ashirvad Pipes Pvt Ltd, alleging that the defendant's use of the mark 'CPVC FLOWPRO' infringed upon Astral's reputation associated with its trademark 'CPVC PRO'. The core dispute centered on whether the similarity between the marks created a likelihood of confusion in the market. However, the court found that the plaintiff failed to establish a prima facie case for granting an interim injunction.
Sunit Shah v.Sunshine Food Products
The Delhi High Court addressed an appeal challenging a lower court's decision regarding the trademark 'HOT MIX'. While the appellant argued that the mark had acquired distinctiveness, the High Court agreed with the trial court's initial finding that 'HOT MIX' is descriptive of the namkeen product. However, recognizing the need for justice, the Court directed the Trial Court to expedite the remaining proceedings and decide the suit promptly.
Purushottam Singhal Proprietor Ms. Prime Cable Industries v.Registrar Of Trade Marks & Anr.
The Delhi High Court addressed a dispute concerning the proper service of an objection notice related to a trademark application. The core issue was whether the appellant (Purushottam Singhal Proprietor Ms. Prime Cable Industries) actually received the notice sent by the Registrar of Trade Marks, who claimed it was delivered to their agent. Given the conflicting claims regarding service, the Court decided not to rule immediately.
Dr. Sapna Nangia v.The Assistant Controller Of Patents And Designs
Dr. Sapna Nangia appealed the rejection of her patent application for a device and process related to tactile feedback replicating breath hold. The Assistant Controller rejected the application, citing lack of inventive step based on prior art documents D1 and D2. The High Court found the impugned order perfunctory and unreasoned, quashing it and remanding the matter for fresh consideration.
Jainsons Lights Private Limited v.The Registrar Of Trade Marks
The Delhi High Court upheld the Trade Marks Registry's decision to refuse registration for 'Jainsons Lights,' finding it deceptively similar to an earlier mark, 'M/s Jainsons Lites.' The court determined that despite the appellant claiming historical use of the name 'Jainson' since 1978, their specific claim of user for the complete subject mark was only from 2014. Since this date is subsequent to the prior mark's established usage in 2005, the appellant could not invoke Section 34 of the Trade Marks Act to overcome the likelihood of public confusion.
Dabur India Limited v.Goodluck Ayurveda Private Limited
Dabur India Limited successfully secured a decree against Goodluck Ayurveda Private Limited regarding the infringement and passing off of its trademark 'HONITUS.' The dispute was amicably resolved through mediation, leading to a Settlement Agreement. Under this agreement, the Defendant acknowledged Dabur's rights, agreed to cease using the infringing packaging/label/trade dress, modified their product presentation, and paid Rs. 1,00,000/- to the Plaintiff.
Visage Beauty & Healthcare Pvt. Ltd. v.Herbal Carts & Ors.
The Delhi High Court issued several crucial interim orders in the trademark infringement suit, Visage Beauty & Healthcare vs Herbal Carts & Ors. The court directed Fashnear Technologies Pvt. Ltd., an e-commerce intermediary, to provide contact details of sellers listing infringing products on its platform. Furthermore, the court allowed the impleadment of a proposed defendant involved in alleged collusion and deferred the request by Facebook Inc. to modify existing interim injunction terms regarding 'similar' vs. 'identical' URLs.