India IP Litigation
7,068 annotated decisions
Page 180 of 295 · 7,068 total
Macleods Pharmaceuticals Limited v.Nava Healthcare Pvt. Ltd.
The Delhi High Court ruled in favor of Macleods Pharmaceuticals Limited, granting a permanent injunction against Nava Healthcare Pvt. Ltd. and associated defendants for trademark infringement and passing off. The court found that the Defendants' mark 'Blofin-D3 Max' and packaging were identical to the Plaintiff's registered marks ('Bio-D3', 'Bio-D3 Max') used for similar pharmaceutical preparations. Although Defendant No. 1 changed its mark, the injunction was upheld against all parties involved in the collaboration, and costs were awarded to the Plaintiff.
Alkem Laboratories Limited v.Danish Health Care Pvt Ltd & Anr.
The Delhi High Court decreed the suit filed by Alkem Laboratories Limited against Danish Health Care Pvt Ltd following an amicable settlement reached through court mediation. The dispute centered on the alleged infringement of Alkem’s registered trademark ‘ALDIGESIC’ in medicinal preparations. Under the terms of the settlement, the Defendants acknowledged Alkem's rights and agreed to cease using the infringing mark and similar trade dress, further agreeing to withdraw their own pending trademark application for 'ALGESIC'.
Brandzstorm India Marketing Pvt Ltd v.LN Agency
The Bombay High Court granted interim relief in favor of Brandzstorm India Marketing Pvt Ltd, the registered proprietor of the 'LUXXUBERANCE' trademark. The court found a prima facie case for infringement, noting that despite the termination of the franchise agreement, the Defendant continued to use the Plaintiff's mark. Consequently, the court appointed a Court Receiver and an Additional Special Receiver in Jamshedpur to seize and inventory all infringing goods and issue a temporary injunction against the Defendant's further misuse of the trademark.
RICA S.P.A. v.JATIN HEMENDRABHAI VORA TRADING AS M/S PARUL MARKETING & ANR.
The Delhi High Court allowed the plaintiff, RICA S.P.A., to file a suit seeking permanent injunctions and damages related to trademark infringement and passing off. The core dispute involves the defendant's attempt to register the similar mark "REAL RICA Wax" for identical cosmetic products used by the plaintiff under the registered trademark RICA. Crucially, the court granted an interim injunction restraining the defendants from using the disputed trademark until the suit is fully adjudicated.
Eli Lilly And Company v.Hetero Labs Limited
The plaintiffs allege that the defendants have infringed their patent for Baricitinib by manufacturing and selling it without a license. The case involves a request for an injunction to prevent the defendants from continuing this activity.
STANLEY BLACK AND DECKER, INC. v.STANLEY SWITCHGEAR PRODUCTS
The Delhi High Court addressed the initial proceedings in the trademark infringement and passing off suit filed by Stanley Black and Decker against Stanley Switchgear Products. While allowing procedural applications for filing additional documents, the court formally registered the plaint as a suit seeking permanent injunction based on an alleged violation of a 1975 undertaking regarding the use of the 'Stanley' trademark. Crucially, the court denied the plaintiff's request for an immediate ex-parte interim injunction, noting that there was no apparent evidence of goods being marketed beyond the scope of the original agreement.
Warner Bros Entertainment Inc. v.Mr Ishant Kashiwal Trading As The Hogwarts Kafe & Ors.
Warner Bros Entertainment Inc. successfully secured an interim injunction against Mr Ishant Kashiwal Trading As The Hogwarts Kafe in a suit for trademark infringement, passing off, and unfair competition. The court recognized Warner Bros' status as a global leader and prior proprietor of the well-known 'Hogwarts' trademarks. Crucially, the defendant was immediately restrained from using the infringing mark 'The Hogwarts Kafe' at their restaurant premises and directed to remove all related advertisements and listings online.
Emami Ltd. v.Torque Pharmaceuticals Pvt. Ltd.
Emami Ltd. vs Torque Pharmaceuticals Pvt. Ltd. saw its multi-faceted IP litigation reach a conclusion through settlement in the Calcutta High Court. The original suit, which involved claims of infringement across trademark, copyright, design, and passing off, was formally withdrawn by both parties. The court accepted the Terms of Settlement, decreeing the parent suit and disposing of all connected applications. This resolution allows both companies to move forward without further legal entanglement.
M/S Gulab Oil And Food (Ahmedabad) Pvt. Ltd. v.Smt. Madhu Gupta
The Delhi High Court dismissed the appeal filed by M/S Gulab Oil And Food, upholding the District Judge's interim order that prohibited the appellant from trading and selling 'Gulab' Namkeen products. The court found a prima facie case for confusion between the marks, noting that consumers identify the plaintiff's products solely by asking for 'Gulab.' Furthermore, it held that since namkeen is an allied product to the registered goods (Gajak/Rewari), Section 29 of the Trade Marks Act was attracted, thus justifying the interim protection.
Om Logistics Ltd v.Sh Mahendra Pandey
The Delhi High Court issued an interim order in favor of Om Logistics Ltd, restraining Sh Mahendra Pandey and his associates from using the deceptively similar trade mark 'OM EXPRESS LOGISTICS'. The court found that the plaintiff had made out a prima facie case regarding trademark infringement and passing off, given the long-standing reputation of 'OM LOGISTICS LTD.' and the similarity in the marks used by the defendant. This order allows the suit to proceed while protecting the established brand identity.
Pfizer Inc v.Triveni Interchem Private Limited
The plaintiff alleges infringement of its Indian Patent No. 218291 related to Palbociclib, marketed under the brand name 'Palbace'. The court found a prima facie case of infringement but noted the timeline of alleged infringement was unclear.
New Pattukottai Kamatchi Mess v.New Pattukottai Kamatchi Mess - Nunpahal Unavagam LLP
This case involved a dispute over the use of the trade name 'New Pattukottai Kamatchi Mess' between two entities. The plaintiff sought permanent injunctions against trademark infringement and passing off, along with damages. However, both parties mutually agreed to resolve all existing disputes, including those related to the trademark claims, through arbitration.
Sotefin Sa v.Indraprastha Cancer Society And Research Center & Ors.
Sotefin Sa filed a suit for patent infringement against Indraprastha Cancer Society and others, alleging that the 'smart dollies' installed by Defendant No. 4 infringed Plaintiff's Patent No. 4214088. Both parties agreed to the appointment of a Scientific Advisor from IIT Delhi to conduct an expert examination and report on whether the Defendants' product falls within the scope of the patent claims.
Wako India Kickboxing Federation v.Wako India Kickboxing Federation & Anr.
The Delhi High Court allowed the plaintiff's application seeking exemption from certain procedural requirements, while simultaneously registering the main plaint as a formal civil suit. The suit was filed under Section 57(2) of the Trade Marks Act, 1999, seeking the removal and rectification of specific trademarks registered in the defendant's name. The court issued detailed directions for serving summons and ensuring timely filing of written statements and rejoinders by both parties.
M/s Store N Move Pvt. Ltd. v.M/s Olog Logistics Pvt. Ltd.
M/s Store N Move Pvt. Ltd. filed a suit against M/s Olog Logistics Pvt. Ltd., seeking permanent injunctions against alleged infringement of its copyrighted computer application, 'OLOG', and its associated trademark. The plaintiff sought to prevent the defendants from reproducing or passing off services using similar applications or marks. However, before the court could rule on the merits, the plaintiff withdrew the suit with liberty to pursue the matter in a pending case before the NCLT.
Chugai Seiyaku Kabushiki Kaisha & Anr v.Natco Pharma Limited
Chugai Seiyaku Kabushiki Kaisha filed a suit seeking an ad interim injunction against Natco Pharma Limited, alleging infringement of Indian Patent No. IN 294424 concerning Alectinib. The court allowed the application subject to exceptions and noted that while the defendant could use the drug for research under Section 107A, any commercial launch would require prior permission from the court.
Hakimuddin Bhemat v.Mahaveer Prasad Agarwal And Anr.
The Calcutta High Court granted an interim injunction protecting the petitioner's intellectual property rights related to fertiliser sprayers. The court found that the respondents were using a virtually identical packaging and trade dress, including the word 'Bharat Shakti,' which amounted to deceiving the public. Consequently, the respondents were restrained from making such imitations, and a Receiver was appointed to inventory the infringing products.
Dfm Foods Ltd v.Ishvi Food Private Limited & Anr.
The Delhi High Court formally decreed a trademark infringement suit between Dfm Foods Ltd and Ishvi Food Private Limited after the parties reached an amicable settlement. The settlement agreement confirmed that the defendant violated the plaintiff's 'CURLS' trademark rights by passing off their corn-based snacks as originating from Dfm Foods. In exchange for the defendants agreeing to cease all infringing activities, destroy existing goods, and acknowledge the plaintiff's ownership, the plaintiff waived claims for damages and costs.
Mohan Breweries and Distilleries Limited v.M's Dhanalakshmi Bottles Supplies
Mohan Breweries and Distilleries Limited filed a civil suit alleging infringement of its registered design, trademark, and copyright by M's Dhanalakshmi Bottles Supplies. The plaintiff sought permanent injunctions and damages for the unauthorized use of their branded bottles. However, the court noted that the sole defendant had passed away prior to the hearing date. Given that the cause of action was in persona (personal), the suit was ultimately dismissed.
Mohan Breweries and Distilleries Limited v.M's Dhanalakshmi Bottles Supplies
Mohan Breweries and Distilleries Limited filed a civil suit alleging infringement of its registered design, logo, and trademark by M's Dhanalakshmi Bottles Supplies. The plaintiff sought permanent injunctions, damages, and accounting for sales made using the protected bottle designs. However, during the proceedings, it was reported that the sole defendant had passed away. Given that the cause of action was in persona (personal to the individual), the court dismissed the suit.
Wheelseye Technology India Pvt. Ltd. v.Zinka Logistics Solutions Pvt. Ltd. & Ors.
Wheelseye Technology filed a suit alleging that its competitor, Zinka Logistics Solutions, along with several former WheelsEye employees, conspired to disrupt the business. The Defendants allegedly misappropriated Confidential Information, solicited employees through en masse poaching, and induced breaches of contractual obligations.
Gujarat Cooperative Milk Marketing Federation Ltd & Anr. v.Rishabh Kaushal & Ors.
The Delhi High Court addressed a trademark infringement suit filed by Gujarat Cooperative Milk Marketing Federation Ltd concerning the misuse of its 'AMUL' brand on social media. While initial injunctions were granted, the court examined the claims for damages against Defendants No. 1 and No. 4. Recognizing that both defendants had taken remedial steps, including removing the infringing content, the Court dismissed the claim for damages due to a lack of evidence of loss suffered by the Plaintiffs. Consequently, the suit was closed against these two defendants, while proceedings remain pending against Defendant No. 5.
Sap Se v.Sanjay Kumar Goel & Anr.
In a trademark dispute concerning the names 'SAP' and 'SAPPY', the Delhi High Court took two key actions. First, it confirmed an existing interim injunction after the defendants withdrew their trademark applications, thereby protecting the plaintiff's interests temporarily. Second, recognizing the parties' willingness to resolve the conflict amicably, the court directed both sides to participate in mediation, signaling a move towards settlement for the ongoing commercial suit.
Murlidhar Gyanchandani v.The State of Jharkhand
This petition before the Jharkhand High Court addresses allegations made by R.S.P.L. Health Pvt. Ltd. against M/s Vedanta Tea Agro Industries regarding the misuse of the 'Ghari' Trademark and Copyright. The controversy stems from an ex parte ad interim injunction passed by the District Court, which led to a contempt reference in Delhi. After reviewing the record, the High Court noted that pending proceedings before the Delhi Courts would have far-reaching effects on these cases.