India IP Litigation
7,068 annotated decisions
Page 145 of 295 · 7,068 total
Tci Foundation v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by TCI Foundation against the Registrar of Trade Marks' refusal of its label mark application. The court overturned the initial rejection, which was based on grounds including non-compliance with examination reports and similarity to prior marks in different classes. The judgment clarified that a composite mark can be registered and directed the Registry to process and advertise the subject mark.
Entertainment Network (India) Limited v.Https//Tuneincom/Podcasts/Arts--Culture- Podcasts/Bangla-Sunday-Suspense-P2082186/ and Ors
In this copyright infringement case, Entertainment Network (India) Limited sought to protect its audio content, 'Sunday Suspense,' which is based on literary works. The court issued an ex-parte order directing intermediary platforms (like Tuneincom) to immediately take down the infringing URLs and compelling Internet Service Providers (ISPs) to disclose server details used by the infringers. This ruling highlights the proactive role of courts in enforcing IP rights against digital infringement.
Ds Intellectual Properties Llp & Anr v.Abhinav Singh & Ors
The Delhi High Court granted an ex parte ad interim injunction in favor of Ds Intellectual Properties Llp & Anr against Abhinav Singh & Ors. The plaintiffs alleged that the defendants were operating a fraudulent website using the 'Rajnigandha' trademark and DS Group trademarks to lure the public into fake distributorship schemes, while also infringing on copyright by copying the label layout. The court found a prima facie case was made out, leading to immediate restraining orders against the use of the marks and domain name, along with directives to suspend the domain and freeze associated bank accounts.
M/S RPG Enterprises Limited v.RPG Developers Private Limited & Others
The Delhi High Court ruled in favor of M/S RPG Enterprises Limited, granting a permanent injunction against RPG Developers Private Limited and others for trademark infringement and passing off. The court found that the defendants were deliberately using the 'RPG' mark to ride on the goodwill and reputation of the plaintiff's well-known trademarks. Furthermore, due to the dishonest conduct of the defendants in attempting to deceive the public, the court awarded damages and costs to the plaintiff.
Shree Ganesh Rollings Mills (India) Ltd. v.Jindal Rollings Milla Ltd.
In a significant procedural order, the Delhi High Court directed the Registrar of Trademarks to transfer two pending rectification applications filed by the respondents against the petitioner's trademarks. This move ensures that all related intellectual property proceedings are heard together in the High Court, aligning with established IP Division rules. The court set a timeline for the transmission and digitization of these records, paving the way for consolidated pleadings.
Takeda Pharmaceutical Co Ltd v.Controller of Patents and Designs And Anr.
This matter was transferred from the Intellectual Property Appellate Board (IPAB) to the High Court at Calcutta following the enactment of the Tribunals Reform Act, 2021. The court directed the department to correct its records and instructed the Commercial Appellate Division to issue necessary notices.
Samsung India Electronics Co Ltd v.The Controller of Patents and Designs 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 the department to correct its records and instructed the Commercial Appellate Division to issue necessary notices before setting a returnable date.
M/S Sana Herbals Pvt Ltd v.Mohsin Dehlvi
The Delhi High Court allowed the defendant's application to frame additional issues in a trademark infringement suit. The court recognized that despite previous procedural hurdles, the pleadings raised valid questions concerning the invalidity of the plaintiff's 'DEHLVI' trademarks and the legal standing of an alleged Assignment Deed. Crucially, the judgment noted that under the Tribunals Reforms Act, 2021, rectification petitions can now be clubbed with civil suits, eliminating the need for a stay on the main litigation.
Societe Des Produits Nestle Sa v.The Controller Of Patents And Design & Anr.
Nestle appealed a rejection order issued by the Controller of Patents and Design regarding its patent application for a composition comprising DGLA. The initial objection was related to Section 3(i) of the Patents Act, 1970, which Nestle addressed by amending the claims. However, the subsequent amendment was rejected under Section 59 on grounds of expanding the original claim scope.
Diageo Brands B.V. v.Alcobrew Distilleries India Pvt Ltd
Diageo Brands B.V. filed an application seeking injunction against Alcobrew Distilleries India Pvt Ltd, alleging piracy of their registered Design No. 306577. The core dispute revolved around whether the defendant's product design was a fraudulent imitation of Diageo's protected design. The court examined complex issues regarding the scope of novelty analysis versus infringement analysis and the appropriate 'eye' (instructed vs. ordinary purchaser) for comparison. Ultimately, the court found that the distinguishing features used to establish the suit design's originality also differentiated it from the defendant's impugned design, leading to the dismissal of the injunction application.
SAP SE v.SAB INFOTECH SOLUTION PVT LTD & ANR
The dispute between SAP SE and Sab Infotech Solution Pvt Ltd was resolved through a comprehensive settlement decree by the Delhi High Court. The core agreement mandates that while Sab Infotech can continue using the full trading name 'SAB INFOTECH,' they must not use the mark 'SAB' in isolation or deceptively similar to SAP's registered trademarks. Furthermore, Sab Infotech agreed to withdraw a specific trademark application related to their brand. This settlement allows both parties to move forward with defined usage parameters.
Aditya Infotech Limited v.Dipankar Mandal
Aditya Infotech Limited successfully secured an interim injunction against Dipankar Mandal in a suit alleging trademark infringement and passing off. The court found that the defendant was falsely printing the plaintiff's registered 'CP Plus' logo on unbranded CCTV cameras, leading to potential consumer confusion. Given the market reputation of 'CP Plus' and the risk of irreparable harm, the court granted immediate relief to protect the brand's goodwill.
Manoj Kumar Goyal, Sole Propreitor Of M/S Manoj Sweets v.The Controller-General of Patents, Designs and Trademarks Also Registrar of Trademark Registry & Anr.
This Delhi High Court order addresses a dispute where the petitioner, Manoj Sweets, claims prior use and registration of the mark 'MANOJ SWEETS' in classes 30 and 43. The core issue is the subsequent registration of an identical mark, 'MANOJ BAKERS,' by another party (Respondent No. 2), which the petitioner alleges was done without proper citation of his existing rights. The court has initiated proceedings to examine this conflict, directing notice to all parties and setting timelines for filing detailed submissions.
Smt. Manju Pathak v.M/S Shree Agro Foods
The plaintiff, a scientist, holds Patent No. 23606 for a process of developing Blood Sugar Regulating Products from germinated soybean seeds. She sued M/S Shree Agro Foods alleging that their product, NAVAVITA SPROUTED SOYA FLOUR, infringed her patent. The court found the defendant liable and granted permanent injunction but declined damages due to lack of evidence.
Stanley Black And Decker, Inc. v.Stanley Switchgear Products
The Delhi High Court rejected a defendant's attempt to have the plaintiff's trademark infringement suit dismissed on grounds of lack of territorial jurisdiction. The court affirmed that the plaintiff successfully demonstrated sufficient nexus to New Delhi, citing the defendant's sales across India, online transactions via websites like shoption.in and indiamart.com, and physical delivery within the city. This ruling reinforces the expansive interpretation of jurisdictional reach in modern commercial disputes involving digital commerce.
Artsana India Private Limited v.Vishanji Viijpar Savla
The plaintiff, Artsana India Private Limited, a subsidiary of Artsana SPA (Italy), claimed ownership of the well-known trademark "CHICCO" used for child care goods. The plaintiff alleged that the defendant was fraudulently adopting and misusing this trademark to run his own business, causing dilution and loss. The court granted permanent injunction in favor of the plaintiff and awarded costs.
Comviva Technologies Limited v.Assistant Controller Of Patents & Design
Comviva Technologies Limited appealed against the Assistant Controller's order rejecting its patent application (No. 201611000234) on grounds of ineligibility under Section 3(k). The appellant argued that the invention was a technical advancement with practical implementation and should be granted a patent.
Merck Sharp And Dohme Corp & Anr. v.Yms Laboratories Private Limited
The commercial suit filed by Merck Sharp And Dohme Corp against Yms Laboratories Private Limited for Patent Infringement concerning Sitagliptin was settled mutually. The court decreed the suit in terms of this settlement agreement, which included the Defendant acknowledging the patent's validity and agreeing to cease all infringing activities.
M.I. Industries, Incorporated v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by M.I. Industries against the Registrar of Trade Marks, overturning the rejection of their trademark application 'NATURE'S VARIETY'. The court found that despite consisting of common dictionary words, the mark was sufficiently distinctive when applied to animal foodstuffs (Class 31), as it evoked a natural quality without being directly descriptive of the goods. Furthermore, the Appellant's international reputation and goodwill were noted in the decision.
M/S Veda Seed Sciences Pvt Ltd v.Kohinoor Seed Fields India Pvt Ltd
The Delhi High Court dismissed the appeal filed by Veda Seed Sciences against an interim trademark infringement order. The court affirmed that Kohinoor Seed Fields was the prior adopter and registrant of the marks 'SADANAND', 'TADAAKHA', and 'BASANT'. Despite Veda's later registration, the court found their use was dishonest, stemming from a marketing agreement where they acknowledged ownership by Kohinoor. The injunction restraining Veda from using these trademarks remains in effect.
The Hind Samachar Limited v.M/S Punjab Kesari Publishers Pvt. Ltd
In a significant ruling, the Delhi High Court allowed for the rectification of the 'PUNJAB KESARI NATIONAL' trademark following an inter-party settlement. The court directed the Trademark Registry to amend the registration, limiting the scope and territory of the mark exclusively to specific regions defined in the parties' Memorandum of Family Signature (MoFS). This decision provides a clear legal mechanism for resolving complex territorial disputes between brand owners through negotiated settlements.
The General Hospital Corporation And Anr. v.The Controller of Patents And Designs And Anr.
The General Hospital Corporation appealed against an order passed by the Controller of Patents and Designs under Section 15 of The Patents Act, 1970, which dismissed their patent application. By consent of both parties, the Calcutta High Court set aside the impugned order.
Art Screw Co., Ltd. v.The Assistant Controller Of Patents And Designs
Art Screw Co., Ltd. appealed a decision by the Assistant Controller denying its patent application for 'Fastener and Fastening Structure' on grounds of lack of inventive step over prior art. The High Court found that the original order lacked proper reasoning and comprehension, leading to the setting aside of the impugned order.
Laans Portfolios Pvt Ltd v.The Registrar Of Trade Marks
The Delhi High Court allowed Laans Portfolios Pvt Ltd's appeal against an order that deemed its trademark application 'VEGAZVA' abandoned. The core issue was a procedural discrepancy where the Registrar failed to consider the Appellant's filed counter-statement despite it being on record for one of the identical opposition filings. Recognizing this clerical error and the unfairness to the applicant, the Court set aside the abandonment order, restored the application, and directed the Registry to process the registration.