India IP Litigation
7,068 annotated decisions
Page 149 of 295 · 7,068 total
Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Bdr Pharmaceuticals International Pvt. Ltd.
The plaintiffs sought a permanent injunction against the defendants for dealing in generic APIXABAN infringing Indian Patent No. IN'247381. The dispute centered on whether the defendants' continued activities, such as participating in tenders and authorizing distributors post-injunction, constituted willful disobedience or contempt of court.
Inventio Ag And Anr v.Schneider Elevator India Pvt. Ltd. And Anr.
The Delhi High Court granted an ad interim ex-parte injunction in favor of Inventio Ag And Anr. against a newly formed company, VDMIL Elevator India. The court found that this new entity was being used to circumvent existing trademark injunctions previously passed against the original defendants (Schneider Elevator). The order restrains the proposed defendant from using marks or logos deceptively similar to the plaintiff's registered trademarks and from mimicking the plaintiff's website look and feel.
Nokia Technologies Oy v.Guangdong Oppo Mobile Telecommunications Corp Ltd
Nokia, holding several patents deemed Standard Essential Patents (SEPs) for cellular technologies (2G-5G), filed an application seeking directions against Oppo. The dispute centered on whether Oppo's use of these patented standards required licensing under FRAND terms. The court dismissed Nokia's application, finding insufficient evidence to establish liability or justify the interim relief sought.
Aktiebolaget Volvo & Ors v.S.Sura & Ors
The Delhi High Court delivered a mixed verdict in the trademark infringement suit filed by Aktiebolaget Volvo. While the court found that Defendants 6 and 7 were infringing the 'VOLVO' mark through deceptive similarity and dilution, leading to permanent injunctions and costs being awarded to Volvo, it ultimately dismissed the suit against other defendants (4, 5, and 9). The judgment highlights the critical importance of evidence regarding trademark usage and ownership in determining liability.
Vintage Distillers Limited v.Ramesh Chand Parekh
The Delhi High Court granted a temporary injunction in favor of Vintage Distillers Limited against Ramesh Chand Parekh regarding their alcoholic beverage brands. The court found that the Defendant's use of 'DHOLA THARU' was deceptively similar to the Plaintiff's established trademark 'DHOLA MAARU'. Furthermore, the court recognized infringement not only under trademark law but also under copyright law due to the slavish imitation of the Plaintiff's artistic label design and trade dress. This interim order protects the Plaintiff's goodwill while the main suit proceeds.
Eicore Technologies Pvt. Ltd. v.Eexpedise Technologies Pvt. Ltd.
Eicore Technologies Pvt. Ltd. filed an application seeking permission to file additional documents in a commercial suit against Eexpedise Technologies Pvt. Ltd., which concerned alleged infringement of its software 'HealthBuzz' and misuse of trade secrets. The Plaintiffs sought to introduce various financial statements, correspondence, and domain details related to the Defendants' competing entities. However, the Delhi High Court scrutinized the request under the Commercial Courts Act, 2015, emphasizing the need for speedy disposal.
Janssen Pharmaceuticals & Others v.MSN Laboratories Pvt. Ltd.
The plaintiffs, patent holders of Indian Patent No. 312847 covering a combination therapy for diabetes (Metformin + Canagliflozin), filed suit against the defendant for infringement. The court found that a prima facie case was made out in favor of the plaintiffs and granted an ad interim injunction restraining the defendant from manufacturing or marketing the infringing product.
Cosmos Corporation v.Registrar Of Trade Marks & Anr
The Delhi High Court allowed an application filed by Cosmos Corporation seeking correction of a prior order. The correction was necessary because the parties had reached a settlement, resulting in the assignment of Trademark Registration No. 3628175 (TROPICLEAN) from the Registrar of Trade Marks to Cosmos Corporation. This ruling formally recognized the terms of the private agreement within the court record.
Rxprism Health Systems Private Limited v.Canva Pty Ltd & Ors
The case involves RXPRISM challenging the validity of a patent held by Canva, with arguments presented regarding non-infringement and prior art.
NEC Corporation v.Assistant Controller of Patents and Designs
NEC Corporation appealed the rejection of its patent application (No. 201717010986) by the Assistant Controller of Patents and Designs. The rejection was based on a lack of inventive step. The court allowed applications for exemption and condoned the delay in filing the appeal, subsequently listing the case for further hearing.
FMC Corporation & Ors. v.GSP Crop Science Private Limited
FMC Corporation filed a suit seeking an injunction against GSP Crop Science Private Limited for allegedly infringing Indian Patent No. IN 252004, which covers a method for preparing intermediates used in manufacturing the insecticide CTPR. The Plaintiffs argued that the Defendant's process was identical to the patented method. However, the Court dismissed the interim injunction application, finding that the balance of convenience favored the Defendant and raising doubts about the patent's industrial applicability due to its age.
M/s. L'Oreal S.A. v.M/s. J.R. Cosmetic Shop
The plaintiff, L'Oreal S.A., filed a suit alleging that the defendant, J.R. Cosmetic Shop, was manufacturing and selling goods using trademarks deceptively similar to its well-known brands like L'OREAL and MAYBELLINE in Hyderabad. The court found in favor of the plaintiff.
M/S Pornsricharoenpun Co Ltd & Anr. v.M/S L'Oreal India Private Limited & Anr.
The Delhi High Court allowed an appeal filed by M/S Pornsricharoenpun Co Ltd, setting aside a trial court order that had restrained them from using the phrase 'HAIR SPA'. The court ruled that since 'HAIR SPA' is a generic and descriptive term commonly used in the cosmetics industry to denote hair treatment, its use by the appellants under their registered trademark 'BERINA' did not constitute trademark infringement. This decision emphasizes the importance of distinguishing between proprietary marks and common trade language.
United Biotech Private Limited v.Cipla Limited And Anr.
The Delhi High Court disposed of a petition seeking cancellation of an impugned trademark. Respondent No. 1 (Cipla Limited) assured the court that it was not using the mark, leading to the petitioner's success. The court directed the Registrar of Trade Marks to cancel the trademark and rectify the register accordingly.
ITC Limited v.Central Park Private Limited & Anr.
ITC Limited successfully argued that its restaurant brand, 'BUKHARA,' qualifies as a well-known mark in India. The Delhi High Court recognized the extensive reputation, global acclaim, and long history of the brand, despite similar marks being used by defendants. This judgment reinforces the strong protection afforded to established brands under Indian IP law, particularly concerning transborder reputation.
Rms Fire And Safety Services Pvt Ltd v.Ispl Automation Pvt Ltd
The appellant challenged the revocation of their patent for a Motor Bike Fire Engine granted in 2019. The case was heard by the Delhi High Court to determine its territorial jurisdiction over an appeal originating from the Mumbai Patent Office. Ultimately, the court held that since the appropriate office was in Mumbai, it lacked jurisdiction.
FMC Corporation v.Insecticides India Limited
The Plaintiffs filed an application seeking a permanent injunction against Insecticides India Limited, alleging that the Defendant was infringing their patent (IN'645) by using a patented method for preparing the insecticide CTPR. The court examined whether the Defendant's process was equivalent to the claimed invention.
ITC Limited v.Central Park Estates Private Limited & Anr.
In this trademark infringement suit, ITC Limited sought various procedural reliefs against Central Park Estates Private Limited. The Delhi High Court granted the plaintiff exemptions regarding pre-litigation mediation and advanced document service. Crucially, the court allowed an application for the appointment of a Local Commissioner to inspect samples and inventory related to the disputed mark 'BALKH BUKHARA', setting the stage for detailed evidence gathering in the ongoing infringement dispute.
Dr. Reddys Laboratories Limited & Anr. v.The Controller Of Patents & Ors.
This judgment addresses complex jurisdictional issues arising after the enactment of the Tribunal Reforms Act, 2021. The court examined three proceedings: two revocation petitions and one appeal under the Patents Act, 1970. In C.O.(COMM.IPD-PAT) 3/2021, the court considered a petition to revoke Patent No. IN 268846. However, in other cases, the court ruled that jurisdiction was lacking because the appropriate office or another High Court already held the matter, preventing parties from pursuing parallel proceedings.
M/S Aadhar Products Pvt. Ltd. v.M/S Lotus Organic Care
M/S Aadhar Products Pvt. Ltd., a manufacturer of detergents, filed an appeal seeking to overturn the rejection of its application for a temporary injunction against M/S Lotus Organic Care. The appellant claimed that the respondent was infringing upon its registered trade mark 'Decide' and associated copyrights with its product 'Delite'. Despite arguments regarding prima facie infringement, the High Court found no legal infirmity in the trial court's decision to deny the injunction. Consequently, the appeal was dismissed, but the Trial Court was directed to expedite the final disposal of the original suit.
Mr. Debabrata Saha Roy & Ors. v.State (Government of West Bengal)
The petitioners challenged a notice restricting the registration of their echo friendly e-rickshaws due to an earlier title suit concerning patent infringement related to fuel cell batteries. The court held that since the petitioner's battery is distinct (lead cell) from the subject matter of the Title Suit, the Transport Directorate must grant registration, provided all other formalities are met.
Smt Supriya Shrinate v.M/S Mrt Music Ors.
This Commercial Appeal challenged an ex-parte order passed by the trial court, which directed the removal of links and blocking of social media handles belonging to political parties and associated entities. The plaintiff, M/S MRT Music, alleged copyright infringement when videos from a national political party's yatra used music similar to their film soundtrack (KGF Chapter-2). The Karnataka High Court partially allowed the appeal, setting aside the restrictive injunction orders but mandating that all involved parties remove the offending content from social media platforms. The matter was then remitted back to the trial court for fresh consideration.
MC-monitoring SA v.Pro Tech Monitoring Pvt. Ltd.
The plaintiff, engaged in developing predictive health monitoring solutions for rotating machines, sued the defendant for illegal use, passing off, dilution, and copyright infringement of its name/mark MC-monitoring. The plaintiff argued that the mark had acquired international recognition and goodwill. The court ultimately decreed the suit, granting permanent injunctions and awarding nominal damages.
Imberatek Llc v.Samsung Electronics Co. Ltd.
The Delhi High Court passed an order in CS(COMM) 763/2022 addressing several interlocutory applications filed by Imberatek Llc against Samsung Electronics Co. Ltd. The court granted exemptions from pre-institution mediation and allowed the plaintiff to file confidential documents related to the suit patent under strict confidentiality terms.