India IP Litigation
7,068 annotated decisions
Page 193 of 295 · 7,068 total
Ms Gip Development Sarl v.Ms Trigur Electronics India Private Limited
The Delhi High Court granted an ad-interim injunction in favor of Ms Gip Development Sarl, the owner of the 'Blaupunkt' trademark. The petitioner sought relief after terminating a license agreement with Ms Trigur Electronics India Private Limited due to non-payment of minimum license fees. Given that the respondent had not challenged the termination and failed to pay outstanding dues, the court ruled that the respondent lacked authority to use the mark, thereby restraining them from manufacturing or selling products under 'Blaupunkt' until the final disposal of the case.
Kent Ro Systems Ltd And Anr v.Dilip Kumar Shukla & Ors.
In this ongoing commercial suit concerning alleged infringement and passing off related to Kent RO's products, the court addressed a procedural challenge regarding one of the defendants. The defendant argued that the design right relevant to their involvement had expired, prompting the plaintiff to consider removing them from the case. While no final judgment was reached, the court issued several directions for the completion of pleadings and document exchange.
Dhaval Diyora v.Union of India And Ors
The petitioner challenged the order passed by the Intellectual Property Appellate Board (IPAB) which had directed the Controller to issue a patent to Pfizer Products Inc. The petitioner argued that this order was passed without giving him an opportunity to be heard regarding his pre-grant opposition. The court dismissed the writ petition, finding the petitioner's conduct questionable and holding that the pre-grant opposition was not maintainable in law.
Unilever Plc & Anr. v.Vikas Sachdeva
Plaintiffs, Unilever Plc & Anr., filed an interim application seeking ad-interim reliefs in a suit for infringement of their registered trademarks and copyrights. Plaintiffs alleged that the defendant was clandestinely marketing and selling cosmetic preparations bearing counterfeit marks (LAKME, LAKME 9 to 5, LAKME EYECONIC) and infringing artworks. The court granted an interim order appointing an Additional Special Receiver to seize and seal the infringing goods.
Astrazeneca Ab & Anr. v.Alkem Laboratories Limited
Astrazeneca sued Intas Pharmaceuticals Limited and Alkem Laboratories Limited regarding two patents, IN 147 (genus) and IN 625 (species), covering the SGLT2 inhibitor Dapagliflozin (DAPA). The core dispute was whether DAPA, which is used to treat type-II diabetes, falls within the scope of the genus patent. The court ultimately dismissed the plaintiffs' applications.
Unilever Plc. v.Ranbir Narang
Unilever Plc. filed an Interim Application concerning the counterfeiting of its goods, which bear multiple registered trade marks (like POND'S, HUL) and copyrighted artistic containers. The court granted ad-interim injunctions against both defendants to prevent further infringement and directed a receiver to seize all infringing materials.
Unilever Plc v.Rahul Goyal
Plaintiffs, Unilever Plc (and its subsidiary Plaintiff no.2), filed an interim application seeking ad-interim reliefs against Rahul Goyal for infringement of their trademarks (LAKME, U-Logo, etc.), copyrights in artistic works, and passing off related to cosmetic preparations. The court granted the interim relief, appointing an Additional Special Receiver to seize and seal the infringing goods.
Tata Sons Private Limited & Ors. v.Sarfaraz Khan
The Delhi High Court granted interim relief in favor of Tata Sons Private Limited, finding a prima facie case of trademark infringement. The court noted that the defendant was using the deceptively similar mark 'TAZA WATER PLUS' while operating in the same trade channel as Tata's registered trademarks. Based on the balance of convenience and the risk of irreparable harm to Tata's goodwill, the court issued an immediate injunction restraining the defendant from using the infringing mark until the final hearing.
Qliktech International Ab v.DCIT (International Taxation)
The assessee, Qliktech International AB (a Swedish company), was assessed income from the sale of its software products (Qlikview) as 'royalty' under Section 9(1)(vi) and Article 12 of the India-Sweden DTAA. The Tribunal ruled in favor of the assessee, holding that the mere transfer of a copyrighted article does not constitute a transfer of copyright or payment for use/acquisition of rights, and thus is not taxable as royalty.
Philip Morris Brands S.A.R.L v.Ntc Industries Limited & Anr.
In this trademark dispute, Philip Morris Brands S.A.R.L challenged Ntc Industries Limited regarding the use of its stylized 'Maypole' mark and packaging devices. During the proceedings on October 20, 2020, the court noted that the defendants would place advertisements showing the use of the 'Maypole' mark since 1994 on record. Furthermore, the defendants assured the court they would not use the specific roof device integral to the plaintiff’s trademark packaging, leading the matter to be listed for further hearing.
Shalina Laboratories Private Limited v.Floris Biotech LLP
The dispute involved Shalina Laboratories Private Limited challenging Floris Biotech LLP regarding the use of the trademark FLOCLAV. The parties reached a settlement, with defendants providing undertakings and submitting new labels that were deemed distinctly different from the plaintiffs' artwork/trade dress.
Sarvasuddi Suryanarayana v.The Union Of India
The petitioner challenged the actions of various respondents, including the Union of India and the Deputy Registrar of Trade Marks, regarding delays in proceedings related to Trademark Application No. 3017984 (Opposition No. 969651). The petition sought a writ of mandamus to reject certain evidence and register the mark.
Dr. Reddys Laboratories Limited v.Pro Bios Pharmaceuticals Pvt. Ltd.
The Delhi High Court granted an ad interim ex-parte injunction in favor of Dr. Reddys Laboratories Limited against Pro Bios Pharmaceuticals Pvt. Ltd. The dispute centered on the unauthorized use and copying of the registered trademark 'OMEZ' for the medicinal preparation OMEPRAZOLE. The court found that the plaintiff had made out a prima facie case, noting both trademark infringement ('OMZES') and copying of packaging, thereby preventing irreparable loss to Dr. Reddys.
Dr. Reddys Laboratories Limited v.R S Chauhan Proprietor Of Fern Biotech & Mediva Lifecare
The Delhi High Court granted an ad interim ex-parte injunction favoring Dr. Reddys Laboratories Limited in its trademark infringement suit against R S Chauhan Proprietor Of Fern Biotech & Mediva Lifecare. The dispute centered on the use of 'RAZO' by the plaintiff and 'RAPRAZO' by the defendant for the drug Rabeprazole. The court found that the plaintiff had made out a prima-facie case, noting similarities in both the marks and the packaging design (blue and white color combination), leading to the grant of immediate injunctive relief.
Allied Blenders And Distillers Pvt Ltd v.Agribiotech Industries Limited (Abil)
The Delhi High Court granted an ad interim injunction in favor of Allied Blenders And Distillers Pvt Ltd against Agribiotech Industries Limited. The plaintiff alleged that the defendant was infringing on its registered trademarks ('Officers Choice') and copyrighted trade dress associated with its IMFL products, specifically by using a deceptively similar label for its 'Chetak Whisky'. The court found that there was a high likelihood of consumer confusion, satisfying both the 'average intelligence' test and the 'triple identity' test. This interim order protects the plaintiff's brand reputation pending final disposal of the suit.
Minda Corporation Ltd. v.Star Minda Oil Lubricants Ind. Ltd.
The Delhi High Court granted an interim injunction in favor of Minda Corporation Ltd. against Star Minda Oil Lubricants Ind. Ltd. The plaintiffs alleged that the defendant's adoption of the 'STAR MINDA' mark was deceptively similar to their registered device marks, leading to a risk of consumer confusion and passing off. The court found that the plaintiffs had made out a prima facie case and that granting an injunction was necessary to prevent irreparable loss.
Refread Solutions Private Limited v.Scientific E-Resource
The plaintiff, a company providing digital online libraries (Refread), sued the defendant for infringing its copyright and engaging in unfair competition. The plaintiff alleged that the defendant was promoting a similar product ('Read Smart Digital') using the plaintiff's tagline and had copied 87% of the website content and 100% of the product. The court found infringement and granted relief.
Gulf Oil Lubricants India Limited v.Voltronic India Lubricants & Ors.
The Delhi High Court allowed the plaintiff, Gulf Oil Lubricants India Limited, to appoint two more Local Commissioners in its ongoing infringement suit. The court recognized that new entities were using the registered trademark 'GULF PRIDE 4T PLUS' and employing deceptively similar trade dress for their engine oil products. This order allows the plaintiff to further investigate and seize infringing goods from newly identified parties, reinforcing the court's initial finding of widespread infringement.
Giani S Foods Private Limited v.Mr. Keshav Aggarwal, Trading As M/S Keshav Foods & Anr.
The Delhi High Court granted interim relief to Giani S Foods Private Limited against Mr. Keshav Aggarwal regarding alleged trademark infringement. The court found that the plaintiff had established a prima facie case, noting irreparable harm to its commercial interests due to the unauthorized use of the 'GIANI'S' mark and associated trade features by the defendant. Consequently, the defendants were immediately restrained from using the protected trademark or similar marks on their products and from utilizing any distinctive store layouts or fixtures belonging to Giani S Foods.
Astral Poly Technik Limited & Anr. v.Astralglee Through Its Proprietor Ms Pooja Surendra Ayre & Ors.
The Delhi High Court addressed a trademark infringement suit filed by Astral Poly Technik against Astralglee, concerning the use of 'Astral' and 'Astralglee' in Class 3 goods. The court noted conflicting arguments regarding prior use, consumer confusion, and the scope of statutory rights conferred by registration. Given the complex factual matrix and competing legal precedents cited by both sides, the judge decided to proceed with a detailed examination of the issues.
Interdigital Technology Corporation & Ors. v.Xiaomi Corporation & Ors.
The plaintiffs filed an application before the Delhi High Court challenging an anti-suit injunction issued by the Wuhan Intermediate People's Court, which sought to restrain them from prosecuting their SEP royalty rate suit in India. The court found a clear case for granting ad interim relief.
Pm Diesels Pvt Ltd v.Thukral Mechanical Works And Ors
The Delhi High Court dismissed the petitioner's writ petition challenging an IPAB order that rejected its request to implead the original trademark assignor. The court held that since the petitioner was questioning both the initial registration and the subsequent assignment as potentially fraudulent, the assignor (M/s Jain Industries) should have been included from the outset. Given the passage of time, the High Court found it inappropriate to allow impleadment at this late stage, thereby upholding the IPAB's decision.
Gmr Enterprises Pvt. Ltd. (Gepl) v.Gadham Ramesh
The Delhi High Court granted an interim injunction in favor of Gmr Enterprises Pvt. Ltd. (GEPL) against Gadham Ramesh regarding alleged trademark infringement. GEPL, claiming extensive use and registration of the 'GMR' mark across various sectors since 1978, sought protection against the defendant who was using a similar mark for a news channel on YouTube. The court found that GEPL had made out a prima facie case and granted immediate relief to prevent irreparable damage to its goodwill.
Novartis Ag v.Torrent Pharmaceuticals Limited
The plaintiffs allege that the defendant's product infringes their patent for a pharmaceutical composition consisting of sacubitril and valsartan. The defendant claims their product is different and has filed for revocation of the suit patent.