India IP Litigation
7,068 annotated decisions
Page 164 of 295 · 7,068 total
Pfizer Inc And Ors v.Jodas Expoim Pvt Ltd And Anr
The court framed several issues in this commercial suit concerning alleged patent infringement by the defendants against Pfizer Inc and Ors. The core questions revolve around whether the defendants' activities infringe two specific Indian Patents (No. 218291 and No. 209251) and if the plaintiffs are entitled to permanent injunction or damages.
Novartis Ag v.Msn Laboratories Private Limited
Novartis filed a suit seeking permanent injunction and damages against MSN Laboratories for alleged infringement of Patent No. 283133 concerning Pyrrolopyrimidine compounds. The dispute also involved whether a public notice issued by the Department of Pharmaceuticals constituted government authorization to manufacture the patented drug, Ribociclib.
Patanjali Aryurved Limited v.Raj Mandir Retails Private Limited And Ors
The Delhi High Court addressed a trademark infringement suit concerning the 'PATANJALI' brand, specifically 'PATANJALI COW'S GHEE'. While the Plaintiff sought strict enforcement against alleged counterfeiters, the court opted for an amicable resolution approach. The parties, including Defendant No.1 (Raj Mandir Retails Private Limited) and Defendant No.3, were referred to the Mediation Centre. Furthermore, the Court granted interim relief allowing Defendant No.1 to exhaust its existing genuine stock while seeking a structured path toward resolving the dispute.
Sterne India Private Limited v.Haier Appliances India Pvt Ltd
The Delhi High Court addressed an appeal filed by Sterne India Private Limited against a District Judge's order that had appointed a Local Commissioner to seize goods allegedly infringing Haier's trademark. The court noted that the original order appeared flawed because it treated the appellant as the direct seller, ignoring its role as an online marketing platform. While staying the seizure order, the High Court mandated that Sterne provide details of all sellers on its platform using the 'HAIER' brand to properly address the infringement claims.
A India Print House Through Its Partners Kunal Kapoor and Vibha Kapoor v.Pavan Bansal Trading As Bajrang Traders
The Delhi High Court granted an ex-parte ad-interim injunction in favor of A India Print House against Pavan Bansal Trading As Bajrang Traders. The Plaintiff alleged that the Defendant was deceptively using the identical trademark, trade-dress, and color scheme ('MERCURY') for playing cards, leading to a high likelihood of consumer confusion and passing off. The Court found that the Plaintiff had made out a prima facie case, concluding that the injunction was necessary to prevent irreparable harm while the suit proceeds.
Shakthi Fashion & Anr. v.Burberry Limited
The Delhi High Court addressed a revision petition challenging the dismissal of an application to reject a plaint based on territorial jurisdiction in a trademark infringement suit. The court examined whether the cause of action had arisen within its jurisdiction, considering both past incidents in Bangalore and ongoing activities in New Delhi. While acknowledging the plaintiff's claims regarding online sales (IndiaMart) and local solicitation in Delhi, the High Court ultimately dismissed the revision petition, stating that the question of territorial jurisdiction is a mixed question of fact and law requiring evidence at trial.
Ht Media Limited & Anr. v.Www.Hindustantimes.Tech & Anr.
The Delhi High Court granted permission to HT Media Limited to proceed against the infringing domain name www.hindustantimes.tech in a suit covering copyright, trademark, and passing off. The court found that the impugned website was deceptively similar to the Plaintiffs' established brand 'Hindustan Times' and was reproducing their copyrighted content. Crucially, the judgment provided a strong enforcement mechanism by directing the communication of the order to ICANN, leveraging Registrar Accreditation Agreement clauses to ensure compliance from domain registrars.
FMC Corporation v.Insecticides India Limited
The case involves FMC Corporation and others against Insecticides India Limited regarding patent infringement. The defendant has indicated they will not launch a product until certain patents expire.
Merck Sharp And Dohme Corp v.Beaukev Pharma International Pvt. Ltd
Merck Sharp And Dohme Corp filed a suit seeking permanent injunction against Beaukev Pharma International Pvt. Ltd for infringing its registered patent (IN'816) related to Sitagliptin. The dispute was subsequently settled under the Delhi High Court Mediation and Conciliation Centre.
Microsoft Technology Licensing Llc v.The Assistant Controller Of Patents And Designs
Microsoft Technology Licensing Llc appealed the rejection of its patent application for "ghosted synchronization" by the Assistant Controller of Patents & Designs. The rejection was primarily based on non-patentability under Section 3(k). The Court directed the Assistant Controller to submit a comprehensive report addressing the objections raised in the First Examination Report.
Sunit Shah v.Mr. Sanjeev Rajpal
The Delhi High Court granted an interim injunction in favor of Sunit Shah against Mr. Sanjeev Rajpal regarding alleged trademark infringement. The court found that the similarity between the plaintiff's mark ('SHAH/SHAH NAMKEEN') and the defendant's mark ('SHAH JI NAMKEEN'), applied to identical goods (namkeen), created a likelihood of confusion. Consequently, the defendant was restrained from using the infringing mark until further hearing, and a Local Commissioner was appointed to seize and inventory the disputed goods.
Astrazeneca Ab v.Msn Laboratories Limited
This order was passed in an interim application filed by the Plaintiffs (Astrazeneca Ab). The Defendant (MSN Laboratories Limited), through its counsel, requested a restraint on commercial launch while challenging the patent's validity and rights under Section 107(A) of the Patents Act, 1970.
Welcome Shoes Private Limited v.Retro Footwears Pvt. Ltd & Anr.
The Delhi High Court judgment in Welcome Shoes vs. Retro Footwears concluded the dispute through an amicable settlement between the parties. The defendants agreed to withdraw several similar trademarks, cease using deceptively similar marks like 'BURE' or 'WELCOMO' for footwear, and refrain from diluting the plaintiff's established brands ('WELCOME' and 'PURE'). This resolution provides a clear path forward, binding both companies to the terms of the settlement decree.
M/S JK Lakshmi Cement Limited v.Raj Kumar Singla Trading As M/S Shiv Shakti Sanitary Store & Anr.
The Delhi High Court granted an interim injunction in favor of M/S JK Lakshmi Cement Limited against Raj Kumar Singla Trading As M/S Shiv Shakti Sanitary Store. The court found that the plaintiff had made out a prima facie case of trademark infringement, leading to the restraint on the defendants from using the 'JK Smart' mark for wall putty and related products. Furthermore, the Court appointed a Local Commissioner to seize infringing goods and inspect the defendant's accounts, reinforcing the immediate protective measures available in IP litigation.
Semco Infratech Pvt Ltd v.Simla Chemicals Pvt Ltd
This Delhi High Court judgment resolves a trademark dispute between Simla Chemicals (owner of SIMCO) and Semco Infratech (using SEMCO). The parties reached an amicable settlement, leading the court to decree the original suit in terms of this agreement. Under the settlement, Simla retains ownership of 'SIMCO' but is permitted to expand its product range, while Semco can continue using 'SEMCO' for specific goods and services, provided they pursue necessary registrations. The ruling provides a clear path forward for both parties to operate without ongoing litigation.
Sudhir Bhatia Trading As V.Bhatia International v.Central Government Of India & Ors
This Delhi High Court judgment addressed a challenge to the registration of the trademark 'LAXMAN REKHA' by arguing that the initial advertisement in the Trade Marks Journal was illegible. The petitioner sought to quash the advertisement and compel re-advertisement, claiming this error prejudiced their ability to file an opposition. However, the court ultimately dismissed the petition, emphasizing that while the Registrar has a duty to ensure proper advertising, the petitioner's significant delay in challenging the registration—despite learning of the issue years earlier—precluded the High Court from exercising its extraordinary writ jurisdiction.
M/S Subros Educational Society v.Union Of India
The Delhi High Court allowed an appeal filed by M/S Subros Educational Society against the refusal of registration for its trademark 'SBS World School'. The court found that the Registrar failed to properly consider the Appellant's existing registrations for similar marks under 'SBS' in Class 41. Consequently, the refusal order was set aside, and the matter was remanded back to the Registrar of Trademarks for fresh consideration.
Sun Pharmaceutical Industries Ltd v.Dwd Pharmaceuticals Ltd
The Delhi High Court granted an interim injunction favoring Sun Pharmaceutical Industries Ltd against Dwd Pharmaceuticals Ltd. The court found that the Defendant's use of the deceptively similar trademark 'FOLZEST' infringed upon the Plaintiff's registered mark 'FORZEST'. Recognizing the potential for irreparable harm, the court restrained the defendant from selling or manufacturing the infringing product until further hearing. Furthermore, a Local Commissioner was appointed to inspect and seize all medicines bearing the impugned mark.
Novartis Ag v.Msn Laboratories Pvt Ltd
The case involves a dispute over the infringement of a patent related to the drug Pazopanib Hydrochloride. The Plaintiff claims that the Defendant manufactured stock during the patent's lifetime, while the Defendant argues that they launched the product only after the patent expired.
Radico Khaitan Ltd v.The Registrar Of Trade Marks
The Delhi High Court heard an appeal filed by Radico Khaitan Ltd challenging the rejection of its trademark application for "EFKAY'S FIVE STAR MYSORE BRANDY." The court found that the Senior Examiner failed to properly consider the Appellant's existing assigned rights in 'EFKAY'S.' While this addressed the Section 11 objection, the court remanded the matter back to the Registrar. The examiner must now reconsider the application based on the remaining descriptive elements of the mark, ensuring a fair hearing for the appellant.
Radico Khaitan Ltd. v.Registrar Trade Marks
Radico Khaitan Ltd. appealed the rejection of its trademark application 'EFKAY'S XXX RUM (DEVICE)' by the Registrar of Trademarks, citing conflicts with existing marks. The appellant argued that several related 'EFKAYS' series marks had been legally assigned to them. The Delhi High Court acknowledged the arguments and directed all related appeals concerning similar mark rejections to be listed together for a comprehensive hearing.
Makind Pharma Limited v.The Registrar Of Trade Marks
The Delhi High Court allowed Makind Pharma Limited's appeal against the rejection of its trade mark application for "DON'T WORRY" in Class 3. The court held that, given the Appellant's existing registrations of the mark across various classes, the refusal based solely on lack of distinctiveness was unwarranted. The application was permitted to proceed for advertisement before acceptance, provided it is associated with the registered trademark 'MANKIND'S DON'T WORRY', and no exclusive rights are granted in the words 'DON'T' or 'WORRY' alone.
Northland Rubber Mills v.Varun Mahajan & Anr.
Northland Rubber Mills filed a civil suit seeking an injunction against Varun Mahajan and others to prevent the use of the trademark 'NORTHLAND' or similar marks. The plaintiff asserted ownership based on historical adoption dating back to 1972. However, the defendants argued that Defendant No. 1 had rights as a legal heir and ex-partner of the firm. The court registered the suit and issued notice for the injunction application, setting the stage for further arguments.
Emd Millipore Corporation v.Assistant Controller Of Patents And Designs
Emd Millipore Corporation appealed the rejection of its patent application (l026/DEL/2012) by the Controller of Patents, Chennai. The rejection was based on Section 3(i) of the Patents Act, 1970. The court ordered a report to be filed regarding novelty and inventive step before further consideration.