India IP Litigation
7,302 annotated decisions
Page 2 of 305 · 7,302 total
Kitty Industries Private Limited v.Kumar Audyogik Vikas Private Limited
This is an interim order in a commercial suit concerning alleged infringement of the plaintiff's registered trademark 'KITTY'. The defendant, who claims to hold a registered copyright in 'KITTI' and a registered trademark in 'KITTIKA', raised objections including that the plaintiff does not manufacture noodles and that the Delhi High Court lacks territorial jurisdiction. The plaintiff contended that cause of action arose within Delhi because the defendant's product was ordered online. The defendant was granted leave to file an application under Order VII Rule 10 of the CPC for return of the plaint.
Nobel Hygiene Limited v.Corona Remedies Limited
This appeal challenged an ex parte ad interim injunction order dated 18.08.2026 passed by the District Judge (Commercial Court-02), Saket Courts, New Delhi, in CS (COMM.) 443/2026, restraining Nobel Hygiene Limited from using the trademark 'B-FIT/B-Fit' in relation to pharmaceuticals and related goods claimed by Corona Remedies Limited. The appellant contended that the injunction was granted arbitrarily without being heard, despite evidence of its long-standing use of the 'B-FIT' mark since 01.04.2014. The Delhi High Court suspended the impugned order, directed the appellant to file its reply to the injunction application within one week, and remanded the matter to the District Judge for fresh hearing.
Jetharam Nemaram Gehlot v.The Registrar Of Trademarks & Anr.
This is an intra-court appeal before the Delhi High Court arising from a trade mark proceeding. The appellant, Jetharam Nemaram Gehlot, challenged the appointment of the Hearing Officer who heard his trade mark application, contending that the officer was not duly appointed as required under Section 3(2) of the Trademarks Act, 1999. The Court allowed the condonation of approximately 206 days' delay by Respondent No. 1 in filing an affidavit of compliance, took the affidavit on record, and adjourned the matter to 15 December 2026 for further hearing.
Zee Learn Limited v.Pragati Shiksha Shrot Trust
Zee Learn Limited filed a Section 9 petition under the Arbitration and Conciliation Act, 1996, seeking interim relief against Pragati Shiksha Shrot Trust for continued use of its registered trademarks 'MOUNT LITERA ZEE SCHOOL' and proprietary MLZS Program after termination of their licensing agreements. The Court found a prima facie case in favor of the Petitioner regarding the termination and granted partial relief, restraining the Respondent from using the trademarks and proprietary programme and directing disclosure of financial records. However, the Court rejected prayers for revival of the contractual relationship, a bank guarantee of Rs.48,39,440.76/-, and appointment of a Court Receiver.
KRBL Limited v.LT Foods Limited & Anr.
KRBL Limited filed six connected petitions before the Delhi High Court seeking removal/cancellation of trademark registrations held by LT Foods Limited. The impugned marks included 'WORLD'S 1ST BIRYANI DAY', 'WORLD BIRYANI DAY', and 'WORLD'S BIRYANI DAY' registered in Classes 35 and 41. The Court allowed the exemption applications and issued notice to the Respondents, returnable on 23.09.2026.
Pstgems Private Limited v.Ronit Kumar Trading As M/S Pliza Gems & Ors.
The Delhi High Court dealt with two interlocutory applications in a commercial suit. Defendant No.6 sought condonation of a 72-day delay in filing its written statement, while the plaintiff sought leave to bring on record Legal Proceeding Certificates pertaining to its trademarks. The Court granted the plaintiff time to file a reply to the condonation application and issued notice on the plaintiff's application, with both matters re-notified before the Joint Registrar on 11 September 2026.
Awl Agri Business Limited & Anr v.Union Of India & Ors
AWL Agri Business Limited filed a writ petition before the Delhi High Court challenging a show cause notice dated 17.07.2026 and an accompanying letter issued by food safety authorities, which effectively treated its product 'Fortune Soya Health Refined Soyabean Oil' as a 'non-compliant product' under the Food Safety and Standards (Advertising and Claims) Regulations, 2018 and the Labelling Regulations, 2020. The petitioner contended that enforcement actions, including stoppage of sale orders in Jharkhand, were taken without following the procedure under the FSS Act or affording an effective hearing. The court addressed the preliminary issue of territorial jurisdiction and held that since the impugned communications were issued by authorities situated in Delhi, a part of the cause of action arose within its territorial jurisdiction under Article 226(2) of the Constitution.
State v.Sumit Verma
This criminal case arose from FIR No. 191/2019 registered at PS Pahar Ganj, Delhi, based on a complaint by Sh. Suresh Kaushik, an employee of MS Protect IP Solutions LLP, alleging that a raid at the house of accused Sumit Verma revealed a Dell computer, pen-drive, and bar code printer containing counterfeit MRP stickers of HAL and TMC companies, leading to charges under Sections 103/104 of the Trade Marks Act, 1999. The complainant, who was the most material witness, turned hostile and failed to identify the accused, causing the prosecution's case to collapse. The Court acquitted the accused, holding that the prosecution had failed to establish the essential ingredients of the offence beyond reasonable doubt.
Mankind Pharma Limited v.Kind Patches Limited
Mankind Pharma Limited filed a commercial suit against Kind Patches Limited seeking a permanent injunction to restrain the Defendant from using the trademarks/trade name 'KIND PATCHES'/'KINDPATCHES PRIVATE LIMITED' or any marks identical or deceptively similar to the Plaintiff's registered 'KIND'/'MANKIND' trademarks and KIND formative marks. During the pendency of the suit, the parties were referred to mediation and amicably settled their disputes by executing a Settlement Agreement dated 24.08.2026. The suit was decreed in terms of the settlement, with the Defendant agreeing to withdraw its trademark applications, and the Plaintiff was held entitled to a refund of court fees under the Court Fees Act, 1870.
Frimline Pvt. Ltd. v.Alniche Lifesciences Pvt. Ltd. & Anr.
The Plaintiff, Frimline Pvt. Ltd., filed a suit seeking a permanent injunction restraining the Defendants from infringing its patent No. IN'547960. During the pendency of the suit, the Plaintiff and Defendant No. 1 amicably resolved their disputes through a Settlement Agreement dated 13.04.2026, while Defendant No. 2 filed an affidavit acknowledging the patent's validity and undertaking not to use the product under the mark PALMOVA or any identical composition. The Court decreed the suit in favour of the Plaintiff in terms of the settlement and the undertaking, while preserving Defendant No. 2's rights under Section 107A of the Patents Act, 1970.
Natco Pharma Limited v.FMC Agro Singapore Pte. Ltd and Ors
Natco Pharma Limited filed a petition under Section 64 of the Patents Act, 1970 seeking revocation of Indian Patent No. 298645 to the extent of claim 12 against FMC Agro Singapore Pte. Ltd and others. The matter was received on transfer from another court. The petitioner sought to withdraw the petition as the inter se disputes between the parties had been amicably settled pursuant to a Settlement Agreement dated 31.03.2026. The petition along with pending applications was disposed of as withdrawn.
Safex Chemicals Pvt Ltd v.Sulphur Mills Limited & Anr
Safex Chemicals Pvt Ltd filed a petition under Section 64 of the Patents Act, 1970 seeking revocation of Indian Patent No. IN 298645 against Sulphur Mills Limited & Anr. The respondent's counsel pointed out technical errors in the petition, including the name of Respondent No. 1. Confronted with these errors, the petitioner's counsel sought to withdraw the petition with liberty to file a fresh petition on the same cause of action. The Court disposed of the petition as withdrawn with liberty in accordance with law.
Nugenesys Pharmaceuticals Pvt. Ltd. and Anr. v.Celagenex Research (India) Pvt. Ltd. & Anr.
The Delhi High Court dismissed a review petition filed by the counsel on record for the respondent in his personal capacity, seeking review of paragraphs 45-53 and the last two sentences of paragraph 56 of the judgment dated 20.08.2026 in FAO(OS)(COMM) 167/2026. The court found no merit in the counsel's contentions regarding the findings of suppression of documents in other cases, noting that the interim orders and subsequent judgments cited had already been duly considered. The court held that the counsel, appearing in his personal capacity, had no locus to seek review of the direction imposing costs on the respondent.
ASR Market Ventures Private Limited v.Fitship Private Limited & Anr. (Registrar of Trade Marks)
The Delhi High Court disposed of a rectification petition and connected interlocutory injunction application filed by ASR Market Ventures Private Limited against Fitship Private Limited concerning the trademark 'FITSHIP' (Registration No. 5154387 in Class 30). ASR, engaged in the fitness and lifestyle business, claimed prior adoption and use of the mark 'FITFEAST' since 2017 for nutrition and healthy food services, and sought cancellation of Fitship's registration along with an interim injunction. The Court held that ASR failed to establish a prima facie case for passing off and was not entitled to the interlocutory injunction, dismissing the application.
State v.Rahul Arora
This criminal case arose from FIR No. 645/2021 registered at PS Kashmere Gate, Delhi, alleging that accused Rahul Arora and Vikas Yadav were dealing in counterfeit products bearing falsified marks of M/s Luk Products and Schaeffler KG, in violation of Sections 103/104 of the Trade Marks Act, 1999. The complainant, Sh. Ajit Kumar (employee of EIPR India Pvt. Ltd.), turned hostile during trial and failed to identify the accused persons, and the case property was destroyed in a fire near PS Kashmere Gate on 31.05.2026. The Delhi District Court acquitted both accused persons, holding that the prosecution's foundational pillars had collapsed and that no admissible evidence established guilt beyond reasonable doubt.
Eicher Motors Limited v.Reown Moto and Hostinger Operation, UAB
Eicher Motors Limited, the proprietor of the Royal Enfield brand and the registered owner of the 'REOWN' trademark across multiple classes, filed an application for an ad-interim injunction against Reown Moto and Hostinger Operation, UAB, alleging infringement of its 'REOWN' trademark and its formatives by the defendants' use of the mark 'REOWN MOTO / RM REOWN MOTO'. The Madras High Court issued notice to the respondents and directed the matter to be listed on 18.09.2026. An order of interim stay was granted as prayed for, restraining the defendants from using the impugned mark in any manner until the next hearing date.
Ashok Leyland Limited v.GoDaddy.com LLC and Another (John Doe operating ashokleylandevdealer.com)
Ashok Leyland Limited filed an application seeking an ad-interim injunction against GoDaddy.com LLC and an unknown John Doe respondent operating the website 'ashokleylandevdealer.com', alleging infringement of its registered trademarks including LEYLAND, ASHOK LEYLAND, AVTR, VIKING, and LEYLAND DOST. The applicant sought to restrain the respondents from using marks identical or deceptively similar to its registered trademarks in classes 7 and 12. The Madras High Court issued notice to the respondents, permitted private notice and service by speed post/RPAD, and granted an order of interim stay until the next hearing date of 25 September 2026.
Asif Traders v.Lion Dates Impex Private Limited
This application was filed by the Applicant/Defendant seeking permission to file five additional documents during the trial in a commercial suit. The court partly allowed the application, permitting documents nos. 1 to 3 (copyright application receipt, Form TM-C, and trademark registration certificate) subject to payment of costs of Rs. 5,000/- to the respondent within two weeks, while rejecting document no. 5 for not being filed in proper format and noting that document no. 4 was not pressed.
M/s. Cart Infralog Ltd. & Anr. v.The Additional Commissioner, HQ Anti-Evasion Unit, CGST & CX, Kolkata South Commissionerate & Ors.
M/s. Cart Infralog Ltd. & Anr. filed a writ petition before the Calcutta High Court challenging a Show Cause Notice dated 11.06.2025 issued under Section 74 of the CGST Act, 2017, and the consequential Order in Original dated 09.12.2025, alleging ineligible and irregular Input Tax Credit (ITC) of approximately Rs. 2.37 crores with total interest and penalty aggregating to Rs. 6.3 crores. The petitioners contended that the defaulting supplier (M/s. Aster Trading Company) who failed to file GSTR-3B should be held liable, not the purchasing dealer, relying on the Division Bench decision in Suncraft Energy Pvt. Ltd. (affirmed by the Supreme Court on 14.12.2023). The Court quashed the Order in Original and the recovery notice, directed reconsideration of the matter in light of the cited precedents, and required the petitioners to deposit Rs. 10,00,000/- as a condition for remand.
Mr Vinod Kapur v.The State Of Karnataka
The petitioner, Mr. Vinod Kapur, filed a criminal petition under Section 482 of Cr.P.C. seeking to quash FIR in Crime No. 5/2022 registered by Chandra Layout Police Station for offences under Sections 420, 193, 463, 465, 467 and 468 of IPC, arising from a dispute over a Will dated 09.09.2005 executed by the petitioner's father. During the pendency of the petition, the parties—siblings—reached a comprehensive settlement before the National Company Law Tribunal, Bengaluru Bench, in Company Petition No. 43/BB/2021, which was disposed of as settled on 21.04.2026. The court allowed the petition and quashed the proceedings, holding that continuation would be futile given the settlement.
Ramesh Chand v.T.T.Industries
This is a commercial suit (CS(COMM) 465/2018) before the Delhi High Court where the defendant, T.T.Industries, filed I.A. 5608/2026 seeking permission under Order XI Rule 1(10) of the CPC read with Section 16 of the Commercial Courts Act 2015 to place additional documents on record. The defendant sought to introduce an abstract from the Trade Marks Journal recognizing its 'TT' trademark as a 'well-known' mark, along with a certified copy of a 2004 order of the Registrar of Trade Marks. The plaintiff objected on the ground of delay, noting that proceedings had been pending since 2002 and the matter was at the stage of defendant's witness examination, and sought time to cite legal precedents. The court re-notified the matter for further consideration before the Joint Registrar and the court on future dates.
Kunal Chintamani Kelkar v.Kanika Sood & Anr.
The Petitioner, a professional photographer and equal designated partner in a Limited Liability Partnership (LLP) with Respondent No.1, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking urgent interim measures of protection. The disputes concerned alleged unauthorized use of the brand 'The Autofocus' (conceived by the Petitioner), control over digital assets and social media accounts, denial of access to the LLP's premises, and unilateral transfer of approximately Rs.53.26 lakhs from the LLP's bank account to Respondent No.1's personal account. The Delhi High Court, upon prima facie review of the LLP Agreement, found that while Clause 13 permitted independent business activity subject to prior intimation, Clause 14 expressly prohibited a designated partner from undertaking any business directly competing with the LLP's objectives. The Court issued notice to the Respondents and granted limited interim relief restraining Respondent No.1 from transferring or alienating the LLP's assets, digital data, or retaining exclusive control over the LLP's digital accounts.
M/S RPCI Private Limited And Another v.Petals IVF And Women Care Centre LLP And Another
This arbitration application under Section 11(6) of the Arbitration & Conciliation Act, 1996 was filed by M/S RPCI Private Limited seeking appointment of a sole arbitrator to adjudicate disputes arising from an LLP agreement with Petals IVF and Women Care Centre LLP. The applicant claimed Rs. 1,63,07,000/- along with 18% interest, while the opposite party had filed a suit before the Delhi High Court under the Trademarks Act, 1999. The Allahabad High Court, applying the principle of 'when in doubt, do refer' from Vidya Drolia, held that an arbitration clause existed between the parties and appointed Mr. Justice Sudhir Agarwal as the sole arbitrator.
State v.Parvinder Singh
The State prosecuted Parvinder Singh for offences under Section 63 of the Copyright Act and Section 104 of the Trademark Act, alleging that on 12.05.2016 he was found in possession of counterfeit products bearing the falsified trademark of M/s Harish Industrial Corporation. The prosecution's case collapsed because the case property was destroyed in a fire at the malkhana of PS Kashmere Gate, making it impossible to establish the identity of the seized goods. The Additional Chief Metropolitan Magistrate acquitted the accused, holding that the prosecution had failed to prove its case beyond reasonable doubt.