India IP Litigation
7,068 annotated decisions
Page 139 of 295 · 7,068 total
Kamal Kumar & Ors. v.Jagteshwar Singh & Anr.
The Delhi High Court addressed an appeal filed by Kamal Kumar & Ors. against Jagteshwar Singh & Anr., which originated from a suit involving trademark and copyright infringement claims. The court noted that due to regulatory notifications, the matter needed specific handling within the IP division of the High Court. Consequently, the Registry was directed to re-register the appeal and schedule its hearing before the Intellectual Property Division on March 14, 2023.
Star Sintered Products Ltd. v.Karan Bhutani
The Delhi High Court addressed an application related to trademark rectification between Star Sintered Products Ltd. and Karan Bhutani. The court noted that the defendant had withdrawn earlier applications seeking objections or rectification against the plaintiffs' trademarks. Consequently, the status of the plaintiff's marks was updated in the Registrar's records, removing references to prior objections. As a result, one specific interlocutory application (I.A. 2301/2021) was disposed of, while the court scheduled further hearings to consider the plaintiffs' claim for damages and other pending matters.
XY LLC v.The Asst .Controller Of Patents And Designs and Anr
The case was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report before listing the matter in April 2023.
Marico Limited v.Narico Agrovet Private Limited & Anr.
This Delhi High Court order addresses the ongoing trademark infringement suit filed by Marico Limited against Narico Agrovet Private Limited. The court was reviewing Defendant 1's compliance with a previous directive to change its company names to avoid infringing on Marico's registered trademark. However, the defendant raised procedural hurdles related to the unavailability of necessary e-forms from the Ministry of Corporate Affairs (MCA). Consequently, the Court directed the MCA to appear and clarify this position, ensuring that administrative difficulties do not impede the legal process.
Dharampal Satyapal Sons Private Limited v.Hitesh Ghanshyamdas Shah & Anr
This Delhi High Court order addressed a petition filed by the Petitioner alleging non-compliance with a prior court decree, specifically concerning Trademark application No. 1865799. While the parties initially debated the status of the cancellation request before the Registry, both sides ultimately agreed on a path forward. The Court clarified that the Petitioner was free to approach the Registrar directly for cancellation based on the existing decree and correspondence, leading the Petitioner to withdraw the petition.
Prem Raj Parekh (Deceased) / Abhishek Parakh v.Shah Food Products And Anr.
The Delhi High Court allowed the substitution of the deceased Plaintiff, Prem Raj Parekh, with his legal representative, Abhishek Parakh. This order facilitated the continuation of the trademark suit, allowing the applicant to formally assign ownership of Trademark No. 543474 in his name. While the procedural hurdle was cleared, the court explicitly left open the substantive objections raised by the Defendant regarding the Plaintiff's actual ownership of the trademark, setting the stage for further litigation.
Jockey International Inc v.Domain Administrator & Ors.
The Delhi High Court allowed Jockey International Inc's application to add domain name registrars and associated banks as additional defendants in its trademark infringement suit. The court granted crucial interim relief, directing the blocking and suspension of specific infringing domain names (www.jockeydealer.in and www.jockeyshops.in). Furthermore, it issued orders freezing bank accounts linked to these domains, significantly strengthening Jockey's ability to protect its 'JOCKEY' trademark against online infringement.
Sk Geo Centric Co Ltd v.The Controller Of Patents
Sk Geo Centric Co Ltd appealed a refusal order passed by the Joint Controller of Patents and Designs regarding its patent application. The appellant argued that the refusal order, which cited prior art D4, was bereft of any reasoning to support the conclusion of lacking inventive step. The High Court found the impugned order invalid due to lack of justification and remanded the matter for reconsideration.
Novateur Electrical & Digital Systems Pvt Ltd v.V-Guard Industries Ltd
The plaintiff filed a suit alleging piracy of registered designs (switch plates). The defendant filed a counterclaim seeking cancellation and expunction of these same designs. The plaintiff objected to the maintainability of this counterclaim, arguing that only the Controller of Designs could handle such petitions under the 2000 Designs Act. The court rejected the objection, citing a Supreme Court judgment which reversed the view that cancellation pleas must be filed solely before the Controller.
M/S. Suparshva Swabs India v.Sh. Vipul Chhabra And Anr.
The Delhi High Court dismissed the petitioner's request to cancel a registered trademark, finding no deceptive similarity between the marks. The court held that despite both marks starting with 'T' and ending with 'IP', the overall visual, phonetic, and structural differences were substantial enough to prevent consumer confusion. This ruling emphasizes that similarity must be assessed as a whole, not merely by common letters.
Robotics Today B.V. v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Robotics Today B.V., setting aside the rejection of its trade mark application 'ROBOTICS TODAY' under Section 9(1)(b) and Section 11 of the Trade Marks Act, 1999. The court found that the composite mark was suggestive rather than descriptive when used in the robotics industry, and determined that it was prima facie dissimilar to the cited conflicting mark. Crucially, the judgment mandated a disclaimer, ensuring the registered rights would only cover the combination 'ROBOTICS TODAY' and not the individual words.
Chotiwala Food And Hotels Private Limited v.Chotiwala & Ors.
The Delhi High Court granted an interim injunction in favor of Chotiwala Food And Hotels Private Limited against Defendant No. 5, finding a prima facie case of trademark infringement and passing off. The Plaintiffs successfully demonstrated that their registered mark 'CHOTIWALA,' which has acquired significant goodwill over decades, was being deceptively used by the defendant. This order provides immediate protection to the established brand while the main litigation proceeds.
Les Ateliers Louis Moinet Sa v.The Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Les Ateliers Louis Moinet Sa against the rejection of its trademark application 'LOUIS MOINET' for horological instruments and jewellery. The court recognized that the mark, being the founder's name used for luxury timepieces, possessed inherent distinctiveness. Despite objections regarding similarity to a cited mark ('LOUIS MONT'), the Court allowed the application to proceed to advertisement without acceptance, directing that any subsequent opposition must be decided on its own merits.
Anubhav Jain v.Satish Kumar Jain & Anr.
The Delhi High Court addressed a petition seeking cancellation of the 'Jain Shikanji' trademark registration. While dismissing the petitioner's initial arguments regarding lack of distinctiveness under Section 9, the court found technical deficiencies in the grant. Consequently, it directed the Registrar to re-examine two critical issues: the objections raised in the First Examination Report (FER) concerning prior marks (Section 11), and the validity of the claimed date of user. This interim order allows the respondent to continue using the mark while a de novo review is conducted.
Hermes International & Anr. v.Crimzon Fashion Accessories Private Limited
The Delhi High Court ruled in favor of Hermes International, declaring its 'H' trade mark as a well-known trademark. The court meticulously examined five factors outlined in Section 11(6) of the Trade Marks Act, including global promotion, extensive use since 1997, international registrations across numerous countries, and successful enforcement actions abroad. This judgment solidifies the legal standing of globally recognized luxury brands within India.
Tata Sia Airlines Limited v.Vistara Media Private Limited
In a matter concerning trademark disputes, the Delhi High Court issued an order on April 2, 2024. The court addressed the Plaintiff's concerns regarding ongoing trademark filings by the Defendant through 'VISTARA PRAKASHANA LLP'. Upon receiving notice, the Defendant stated its intention to dissolve the LLP and withdraw all related trademark applications. Consequently, the court determined that no immediate directions were necessary for the Plaintiff at this juncture.
Kentucky Fried Chicken International Holdings LLC v.The Registrar of Trade Marks
The Delhi High Court allowed Kentucky Fried Chicken's appeal against the Registrar of Trade Marks' refusal to register the mark 'CHICKEN ZINGER'. The court found that while the word 'CHICKEN' itself is generic, the combination with 'ZINGER' was suggestive rather than purely descriptive. Crucially, the court clarified that KFC would not acquire exclusive rights in the common term 'CHICKEN', ensuring a disclaimer would be reflected upon registration.
M/S Bhagwan Dass Khanna Jewellers v.Bhagwan Das Khanna Jewellers Pvt. Ltd & Ors.
In this trademark infringement suit, the Plaintiff sought to strike out two specific issues related to a partnership deed. The Plaintiff argued that since the Defendants had not raised any counterclaims or filed a declaration suit concerning the partnership structure, these issues were irrelevant to the core controversy of trademark infringement. The Court directed the Defendants to file a reply within four weeks and subsequently a rejoinder, keeping the litigation moving forward.
Battelle Memorial Institute v.Controller General of Patents, Designs and Trademarks and Anr.
This matter was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue notices to both parties and file a report before proceeding with the case. Liberty was also granted for either party to apply for an early hearing.
Sri.A.J.Shashank S/O A.N.Jagadish v.Aiplex Software Private Limited
The plaintiff, who runs a YouTube channel uploading film clips from 'Encounter Dayanayak', sued Aiplex Software and others seeking mandatory injunction to withdraw copyright strikes and damages. The defendants argued that they were acting as an authorized antipiracy service provider for M/s Kasturi Media, which held the absolute rights over the movie.
Societe Des Produits Nestle Sa v.The Controller Of Patents And Design & Anr.
Nestle appealed the refusal of its patent application, titled 'Composition for use in the Prophylaxis of Allergic Disease,' which had been rejected by the Patent Office on grounds including being a method of treatment and lack of inventive step. The High Court examined arguments regarding claim scope, permissible amendments under Section 59, and the demonstration of synergy. Ultimately, the court allowed the appeal, finding that the subject matter satisfied the criteria for inventive step and directing the application to proceed for grant.
Pentraxin Therapeutics Limited v.Controller General of Patents, Designs and Trademarks and Anr.
This case involves Pentraxin Therapeutics Limited challenging matters before the Controller General of Patents. The High Court at Calcutta received this matter via transfer from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court issued procedural directions to the Commercial Appellate Division to issue notices and file a report, setting the stage for further litigation.
Toyota Jidosha Kabushiki Kaisha M/S Toyota Motor Corporation v.Tech Square Engineering Pvt Ltd
The Delhi High Court dismissed the rectification petitions filed by Toyota Jidosha Kabushiki Kaisha against Tech Square Engineering Pvt Ltd regarding the trademark 'ALPHARD'. Toyota sought to remove registrations held by the respondent in Classes 9, 12, and 27. The court found that Toyota failed to establish sufficient goodwill or reputation for 'ALPHARD' within India, particularly in the specific classes of goods where the respondent was registered. Consequently, the petitions seeking cancellation were dismissed.
Toyota Jidosha Kabushiki Kaisha / Toyota Motor Corporation v.Tech Square Engineering Pvt Ltd.
The Delhi High Court dismissed the rectification petitions filed by Toyota Motor Corporation against Tech Square Engineering Pvt Ltd. regarding the trademark 'ALPHARD'. Toyota sought to remove registrations held by the respondent in Classes 9, 12, and 27, arguing its global reputation. However, the court found that Toyota failed to establish sufficient goodwill or transborder reputation for 'ALPHARD' specifically within India, particularly concerning the goods registered by the respondent. The judgment emphasizes that mere foreign sales are insufficient without evidence of extensive local use and advertising.