India IP Litigation
7,167 annotated decisions
Page 2 of 299 · 7,167 total
Qualcomm Incorporated v.Controller Of Patents And Designs
Qualcomm Incorporated appealed against the order of the Controller of Patents and Designs rejecting their patent application. The Madras High Court set aside the impugned order and remanded the matter for reconsideration, directing a different officer to undertake the re-examination. The court found the original order to be arbitrary and a colourable exercise of power. The patent application will now be re-examined, providing Qualcomm Incorporated with another opportunity to secure a patent.
Havells India Limited & Anr. v.Havai Home Products Pvt. Ltd. & Ors.
Havells India Limited, a well-known FMEG company, sued Havai Home Products Pvt. Ltd. for trademark infringement and passing off, alleging that the defendants' mark 'HAVAI' was deceptively similar to their well-known trademark 'HAVELLS'. The court found that the defendants had cleverly modified the letter 'L' to 'I' to create phonetic and visual similarity, with the intent to encash on Havells' reputation. The court recognized HAVELLS as a well-known mark based on its extensive use since 1955, global presence across 60+ countries, and substantial sales and advertising expenditure. An ad interim injunction was granted restraining the defendants from using the impugned marks during the pendency of the suit.
Ultratech Cement Ltd And Anr v.Shaktishali Cement Pvt Ltd
The Bombay High Court ordered the destruction of cement bags bearing the impugned marks 'VIJAY ULTRA Power CEMENT with Sun Logo' and 'Ultra hi-plus CEMENT Bemisal Majbooti' as they were found to be infringing the trademarks of Ultratech Cement Ltd. The court also allowed the plaintiff to file brief written submissions along with compilation of case law. The case has been stood over to August 3, 2026 for final hearing.
Torrent Pharmaceuticals Ltd v.Astrazeneca Ab And Ors
The Delhi High Court allowed Torrent Pharmaceuticals Ltd to withdraw its petition for revocation of AstraZeneca AB's patent IN235625. The petition was withdrawn due to a settlement between the parties. The court disposed of the petition and pending applications. The case highlights the importance of settlement in resolving intellectual property disputes. The patent in question was related to a pharmaceutical invention.
Largan Precision Co. Ltd v.Motorola Mobility India Limited And Ors
The Delhi High Court has framed issues in a patent infringement case between Largan Precision Co. Ltd and Motorola Mobility India Limited And Ors. The court has appointed a Local Commissioner to record evidence and has directed the parties to adhere to a schedule for filing affidavits and completing cross-examination. The case relates to the alleged infringement of Indian Patent No. IN 395095.
Honasa Consumer Ltd v.Visage Beauty And Health Care Pvt Ltd
The Delhi High Court allowed a petition filed by Honasa Consumer Ltd seeking rectification of the trademark 'D-TAN' registered in favor of Visage Beauty And Health Care Pvt Ltd. The court held that the mark 'D-TAN' is descriptive and not registrable under the Trade Marks Act, 1999. The registration of the mark 'D-TAN' was cancelled, and the Registrar of Trade Marks was directed to remove the registration from the Register of Trade Marks.
Linux Laboratories Private Limited v.Ms Univentis Medicare Limited And 3 others
Linux Laboratories Private Limited filed a suit against Ms Univentis Medicare Limited and others for trademark infringement of their registered trademark EPITRAZ. The parties settled the dispute among themselves and filed a Settlement Agreement, which was recorded by the court. The suit was disposed of on the terms of the Settlement Agreement, with no order as to costs.
Dwd Pharmaceuticals Ltd v.Celsius Healthcare Pvt Ltd
Dwd Pharmaceuticals Ltd sought an ex parte ad interim injunction against Celsius Healthcare Pvt Ltd for infringement of its ZEST family of trademarks. The court granted the injunction, restraining the defendant from using the impugned marks. The plaintiff had made significant investments in advertising its products under the ZEST trademarks and had generated considerable income. The defendant's use of the CELSIUSDIZEST mark was likely to cause irreparable harm to the plaintiff.
Renee Cosmetics Private Limited v.Ms. Rupali Sharma & Anr
The Delhi High Court allowed the petition filed by Renee Cosmetics Private Limited and directed the Registrar of Trade Marks to cancel the registration of the mark 'GLASS SKIN' granted in favour of Ms. Rupali Sharma. The court held that the term 'GLASS SKIN' is generic and descriptive of the goods, and therefore, cannot be monopolized by any party. The respondent had filed a trademark application for the mark 'GLASS SKIN' in Class-03 on a 'proposed to be used basis' and was granted a registration certificate, which was challenged by the petitioner.
Panasonic Holdings Corporation & Anr v.Siddharth Vij & Anr
The Delhi High Court has cancelled the registration of the trademark 'PONTA' in favor of Siddharth Vij, as it was found to be deceptively similar to the prior registered trademark 'PENTA' of Panasonic Holdings Corporation. The court held that the registration of 'PONTA' was without sufficient cause and would create confusion and deception in the mind of the general public. The Registrar of Trade Marks has been directed to remove the registered mark 'PONTA' from the Register of Trade Marks.
Shubham Goldiee Masale Pvt. Ltd v.Ashok Kumar & Ors
The Delhi High Court granted an injunction against the defendants for infringing the plaintiff's trademarks, copyrights, and artistic works. The court also exempted the plaintiff from pre-litigation mediation and effecting advance service. The defendants were directed to block and suspend the impugned website and preserve domain registration records.
M/S. Motherson Through Its Partners V.C. Sehgal, Vidhi Sehgal and Laksh Vaaman Sehgal v.Motherson Industries Private Limited & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of M/S. Motherson, restraining Motherson Industries Private Limited from using the trademark 'MOTHERSON'. The plaintiff claimed that the defendant's use of the mark would amount to infringement of their registered trademark. The court allowed the plaintiff to file additional documents and granted exemption from pre-institution mediation. The matter is listed for further hearing on October 29, 2026.
Amber Nutrition Private Limited v.Ms. Neetu Choudhary & Anr
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Amber Nutrition Private Limited, restraining the defendants from using the trademark 'AMBER KREAM TOFFEE' or any other similar mark. The court found that the plaintiff had established a prima facie case of trademark infringement and that irreparable harm would be caused if the injunction was not granted. The defendants were directed to file an affidavit disclosing their sales and to provide an account of profits.
Himalaya Global Holdings Ltd & Anr v.Awadh Bihari Badal Proprietor Of Aloe Care Arogya Life & Anr
The Delhi High Court granted an ex parte ad interim injunction in favor of Himalaya Global Holdings Ltd, restraining the defendant from using the mark 'Liv-22' which is deceptively similar to the plaintiff's registered trademark 'Liv.52'. The court found that the plaintiff had made out a prima facie case for grant of interim injunction and that the balance of convenience lay in favor of the plaintiff. The defendant's use of the mark 'Liv-22' was likely to cause irreparable harm to the plaintiff's goodwill and reputation.
Emcure Pharmaceuticals Limited v.Orziva Healthcare Private Limited & Ors
Emcure Pharmaceuticals Limited filed a lawsuit against Orziva Healthcare Private Limited & Ors for trademark infringement and passing off. The court granted an injunction restraining the Defendants from manufacturing and selling products under the impugned marks ORZIFER-XT, which are deceptively similar to Emcure's trademarks OROFER and OROFER-XT. The court found that Emcure has established a strong reputation and goodwill in its trademarks and that the Defendants' actions are likely to cause irreparable damage to Emcure's goodwill and reputation.
Fortune Marketing Private Limited v.Gujarat Pesticides & Ors.
The Delhi High Court revoked the impugned copyright registration of the artistic work/label/packaging titled ZOOOK in favor of Gujarat Pesticides & Ors. due to procedural flaws. The court found that the grant of copyright registration was procedurally flawed and deserved to be revoked. The original application filed by Respondent No.1 is revived for fresh consideration by Respondent No.2. The court has not expressed any opinion on the merits of the case.
Mr Pathan Imrankhan Zafarullakhan & Anr v.Microsoft Corporation
The Delhi High Court set aside an arbitral award that directed the transfer of the domain name 'www.exceltotally.in' from the petitioners to Microsoft Corporation. The court found that the arbitral award lacked independent evaluative analysis establishing intentional deception or bad faith. The petitioners had been using the domain name since 2010 for their software solutions and applications facilitating data transfer between Microsoft Excel and Tally accounting software.
Grm Foodkraft Pvt Ltd And Anr v.Ks Agro Impex And Anr
The Delhi High Court granted an injunction in favor of Grm Foodkraft Pvt Ltd, restraining Ks Agro Impex from selling Golden Sella Basmati Rice in packaging that is deceptively similar to the plaintiff's trade dress. The court found that the defendant's packaging was likely to cause confusion among consumers and harm the plaintiff's goodwill. The defendant is allowed to continue selling Golden Sella Basmati Rice using distinct and non-deceptive packaging. The case highlights the importance of protecting intellectual property rights, particularly in the FMCG sector.
Safex Chemicals India Limited v.Safex Seed India Llp & Anr
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Safex Chemicals India Limited, restraining Safex Seed India Llp & Anr from using the trademark 'SAFEX' in relation to agrochemical products. The plaintiff claimed to have adopted and used the trademark 'SAFEX' since 1991 and had established a substantial sales turnover and widespread advertising and promotion of its products under the trademark. The court allowed the plaintiff's application for an ex-parte ad-interim injunction, citing the plaintiff's prima facie case and the balance of convenience in its favor.
Dabur India Limited v.Emami Limited
The Delhi High Court has upheld an injunction against Dabur India Limited's product 'COOL KING THANDA TAEL' due to its deceptively similar trade dress to Emami Limited's Navratna Oil. The court found that the trade dress of Dabur's product was likely to mislead consumers and constitute passing off. The appeal by Dabur India Limited was dismissed, and the pending application was also dismissed. The court's findings are prima facie and subject to the final decision in the suit post-trial.
Danone Asia Pacific Holdings Pte. Ltd v.Manju Kumari Wife Of Sudhir Suman & Anr
The Delhi High Court allowed a petition filed by Danone Asia Pacific Holdings Pte. Ltd to cancel the registration of the trademark PROTRILEX, which was found to be deceptively similar to Danone's registered trademark PROTINEX. The court held that the registration of PROTRILEX was in violation of Section 11(1)(b) of the Trade Marks Act, 1999. The court directed the Registrar of Trade Marks to rectify the register within four weeks.
Glaxosmithkline Pharmaceuticals Limited v.Walter Healthcare Private Limited And Anr
The Delhi High Court declared the trademark CALPOL as a well-known trademark in terms of the Trade Marks Act, 1999, due to its long-standing reputation and extensive use in India. The court recognized the significant commercial presence and recognition of the mark CALPOL in the field of medicine and pharmaceutical products. The defendant was restrained from using the WALPOL mark, which was deemed deceptively similar to the CALPOL mark.
Select Citywalk Retail Private Limited v.Garg Realtech Private Limited
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Select Citywalk Retail Private Limited against Garg Realtech Private Limited, restraining the defendants from using the trademark 'CITYWALK' or 'GLOBAL CITYWALK'. The court also granted exemption from pre-institution mediation and advance service to the defendants. The plaintiffs claimed that the defendants were using a deceptively similar trademark, which could cause confusion among consumers.
Select Citywalk Retail Private Limited v.Gold Coast Developers Pvt. Ltd.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Select Citywalk Retail Private Limited against Gold Coast Developers Pvt. Ltd. for using a deceptively similar trademark. The plaintiff claimed that the trademark 'CITYWALK' is a unique mark adopted by them in 2004 and has become an industry standard for shopping malls and commercial spaces in India. The court allowed the plaintiff's application for exemption from filing original documents and advance service to the defendants.