India IP Litigation
7,177 annotated decisions
Page 151 of 300 · 7,177 total
Blackberry Limited v.Assistant Controller Of Patents And Designs
Blackberry Limited appealed an order dated July 31, 2019, wherein its application for grant of a patent was rejected. The court issued notice to the respondent and directed both parties to file written submissions within specified timelines.
John Cockerill India Limited v.Sanjay Kamalakar Navare
John Cockerill India Limited filed a Commercial Arbitration Petition seeking urgent ex-parte relief against its former employee, Sanjay Kamalakar Navare. The Petitioner alleged that Mr. Navare, who had access to highly confidential designs, proprietary technical know-how, and customer data during his tenure, transferred sensitive information onto external storage devices before leaving the company. Based on a forensic analysis of the company laptop, the court recognized the gravity of the breach. Consequently, the Bombay High Court appointed a Receiver with powers under Order XL Rule 1 CPC to seize and examine all digital devices belonging to the Respondent to secure the evidence.
Ajinomoto Co Inc v.Dattatrey Studios & Anr.
Ajinomoto Co Inc successfully secured an interim injunction against Dattatrey Studios in the Delhi High Court. The plaintiff, owner of the registered trademark 'AJI-NO-MOTO,' argued that the upcoming movie title infringed its rights and was disparaging, linking the brand to negative health claims. The court granted the relief, preventing the release of any film bearing the disputed name until further hearing.
Morful Sheikh Trading as Azad Beedi Factory v.Rafeeq Beedi Factory
The plaintiff, Morful Sheikh Trading as Azad Beedi Factory, sued several defendants for infringing its proprietary trademarks, copyrights, and trade dresses related to its 'Bidis' business. The plaintiff claimed exclusive rights over marks like DEEWANA BIRI NO. 302, which was registered under the Trade Marks Act, 1999. The court found that the defendants were using deceptively similar marks (DEEBAN BIRI and numerical 305) in relation to the same goods.
Siddhant Icecreams Llp v.Ameet Pahilani
In a significant interim order, the Delhi High Court facilitated an agreement between Siddhant Icecreams LLP (Plaintiffs) and Ameet Pahilani (Defendant No. 2). The court mandated that Defendant No. 2 cease using the terms 'Natural' and 'Naturals' in relation to ice creams across various media, including packaging and online platforms, to protect the Plaintiffs' trademark rights. However, the order provided specific carve-outs allowing the use of the mark 'NIC' under certain conditions within India and outside India, while also permitting the sale of existing stock until a specified date.
Apollo Tyres Limited v.Glory Enterprise & Ors.
The Delhi High Court granted an ad-interim ex-parte injunction in favor of Apollo Tyres Limited against Glory Enterprise & Ors., finding a prima facie case of trademark infringement. The court recognized the deceptive similarity between the plaintiff's 'APOLLO' mark and the defendants' 'OPOLLO' mark used on automotive tyres and tubes. Furthermore, the Court appointed Local Commissioners to conduct comprehensive searches, seizures, and inventories at the defendants' manufacturing premises to gather evidence against the alleged counterfeit operations.
Vbm Medizintechnik Gmbh v.Geetan Luthra
The Delhi High Court granted an interlocutory injunction in favor of Vbm Medizintechnik Gmbh against Geetan Luthra regarding the use of the mark 'VBM'. The court found that despite prior distribution agreements, the defendant's subsequent registration and use of a deceptively similar mark for medical equipment constituted infringement. The ruling emphasizes the need to prevent consumer confusion when one party leverages another's established brand identity.
Apnatime Tech Private Limited And Anr. v.Anik Dev Nath And Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Apnatime Tech Private Limited against the defendants. The plaintiffs alleged that the defendants were passing off their services using a deceptively similar mark ('APNA JOBS') and infringing on their copyrighted website layout and user interface. Citing prima facie evidence, the court restrained the defendants from using the disputed mark and artistic works, while also directing domain name suspension and blocking to prevent further consumer confusion and irreparable harm.
Krbl Limited v.Ashok Kumar
Krbl Limited filed a suit seeking permanent injunction against defendants for infringing its registered trademark, 'INDIA GATE with device of INDIA GATE', which is used in the business of rice. The court found that Defendant No. 1 was fraudulently using the trademark through an impugned website and domain name, leading to unauthorized sales and collection of money.
Levi Straus & Company v.Sunil Yadav
The plaintiff, Levi Strauss & Company, filed a suit against Sunil Yadav for the clandestine manufacturing, storing, and selling of jeans and accessories bearing falsified trademarks identical or deceptively similar to 'Levi's', 'Two Horse logo', and 'Arcuate Stitching Design'. The court found that the defendant was blatantly infringing the registered trademarks and passed a decree in favor of the plaintiff.
M/S. Paam Biotech Pvt. Ltd. v.Registrar Of Trademarks, Govt. Of India
Paam Biotech Pvt. Ltd. filed a writ petition seeking an expeditious disposal of its long-pending trademark registration application for 'DELPAR.' The Rajasthan High Court intervened, directing the Registrar of Trademarks to process and decide the application no. 2192781 as quickly as possible, specifically within three months from receiving the court order. This ruling provides a crucial timeline for the petitioner's intellectual property rights.
Ecomax Solutions Pvt. Ltd v.Energeo Building Solutions Llp & Ors
The case involves issues related to patent infringement, rights relating to confidential information, and copyrighted drawings concerning the Automatic Tube Cleaning system. The court appointed Local Commissioners to ascertain the working of the system used by the Defendants.
Hombale Films Llp v.Thaikkudam Bridge
Hombale Films LLP, the producer of the film 'Kantara', challenged an order passed by the District Court, Kozhikode. The original suit was filed by Thaikkudam Bridge (a musical band) claiming authorship and copyright over the song 'Navarasam'. The lower court had previously restrained respondents from using the music without permission.
Milaap Social Ventures India Pvt Ltd v.Google India Pvt Ltd
The Karnataka High Court allowed Milaap Social Ventures to amend its original suit, which was initially based on common law passing off. The petitioners sought to incorporate a statutory claim for trademark infringement after their mark ('MILAAP') was registered. The court overturned the trial judge's rejection, emphasizing that amendments should be liberally granted if they do not cause prejudice and are not mutually destructive with existing reliefs. This ruling allows parties to consolidate related IP claims under one suit.
Lakme Lever Private Limited v.Shyama Mai Enterprises And Anr.
This Bombay High Court judgment addresses a commercial arbitration application concerning the alleged misuse of the LAKME trademark. The court reviewed an affidavit from one respondent, who stated she was operating a salon under a different name ('8 to 8 Salon') and was not using the LAKME brand after her husband's death and the expiry of the franchise agreement. Given these new facts, the Court directed both parties to confer and provide instructions on whether the applicant still wishes to proceed with invoking Section 11 (likely related to trademark rights) and if the respondent is willing to remit past franchise fees.
Sorrel Hospitality Pvt. Ltd v.Lucknow Recreational Facility Centre Private Limited
The Delhi High Court granted an ad interim injunction in favor of Sorrel Hospitality Pvt. Ltd against Lucknow Recreational Facility Centre Private Limited. The petitioner sought to prevent the respondent from continuing to use the 'Best Western' sub-licensed mark even after the underlying Sub-License Agreement was terminated due to defaults by the respondent. The court found that the continued unauthorized use of the mark, despite termination and legal notice, was likely to cause irreparable damage and mislead the public regarding an ongoing relationship between the parties.
Burger King Corporation v.Swapnil Patil & Ors.
In a significant move protecting its brand integrity, Burger King Corporation successfully secured an ad interim injunction from the Delhi High Court. The court recognized that defendants were attempting to circumvent previous orders by opening new bank accounts and registering highly similar domain names (www.burgerkingfranchise.co.in). Consequently, the court ordered the immediate suspension of these domains, freezing the associated bank accounts, and mandating the takedown of all infringing online listings.
Sun Pharma Laboratories Ltd v.Intas Pharmaceuticals Limited & Anr.
The plaintiff sought an interim injunction against the defendants for alleged infringement and passing off of its medicinal goods under the marks 'SITARED' and 'SETARET', claiming similarity with the defendant's mark 'SITARA-D'. The court found that prima facie, the two marks were not phonetically or visually similar, and dismissed the application for an interim injunction.
Kurlon Enterprises Ltd. v.M/S Goel Foam Co.
The plaintiff, Kurlon Enterprises Ltd., filed a suit alleging that the defendant, M/S Goel Foam Co., was misguiding customers by displaying the plaintiff's glow sign board and selling products under its name without authorization. The court found that the plaintiff successfully proved through documentary evidence that the defendant was infringing upon their trade mark and business reputation.
H.S. Sahni, Sole Proprietorm/S M. K. Auto Sales Corporation v.Saic Motor Corporation Limited & Ors
This Delhi High Court order initiates a trademark infringement suit filed by H.S. Sahni against Saic Motor Corporation Limited concerning the use of the marks 'M.G' and 'M.G.I' in the automotive sector. The Plaintiff claims rights based on continuous use since 1989 and registered trademarks from 1998, alleging that the Defendant is infringing upon these established marks. While procedural applications were disposed of, the Court formally registered the suit and directed the Defendants to file a detailed affidavit regarding their sales figures and product launches under the disputed mark.
Ds Confectionery Products Limited v.Nirmala Gupta And Anr
The Delhi High Court granted a permanent injunction in favor of Ds Confectionery Products Limited against the defendants for trademark infringement and passing off related to confectionery products. The plaintiff successfully demonstrated that its marks (PULSE/) were being deceptively used by the defendants' goods (PELSE/ and PLUS++/). Furthermore, given the defendants' failure to appear despite service, the court awarded the plaintiff damages of Rs. 2,00,000/-.
Parle Products Private Limited v.Britannia Industries Ltd.
Parle Products filed a suit against Britannia Industries alleging disparagement and unfair competition through advertisements for 'Britannia Milk Bikis.' The court found that the use of terms like 'G-NAHI' and similar packaging strongly suggested a comparison with Parle-G. Recognizing both parties' willingness to resolve the dispute, the Delhi High Court referred them to mediation while issuing an interim injunction preventing Britannia from re-publishing the print advertisements.
Cavinkare Pvt. Limited-Trends Division v.P & P Associates
Cavinkare Pvt. Limited-Trends Division filed a civil suit against P & P Associates alleging multiple infringements, including unauthorized use of the registered trademark 'GREEN TRENDS' and copyright infringement related to product artistic works. The plaintiff sought permanent injunctions and damages for passing off. Ultimately, both parties reached an amicable settlement, which was formalized through a Memorandum of Compromise (MOC).
TIMAB NL BV v.Shamrock Geoscience Ltd & Anr.
The Delhi High Court granted a crucial interim injunction in favor of TIMAB NL BV against Shamrock Geoscience Ltd. The court found that TIMAB had demonstrated prior and continuous use of its mark, making it entitled to restrain Shamrock's use of identical or similar marks for cognate goods. This order significantly protects TIMAB's goodwill and exclusive rights during the pendency of the suits.