India IP Litigation
7,456 annotated decisions
Page 201 of 311 · 7,456 total
Centaur Pharmaceuticals Pvt Ltd v.Mhs Pharmaceuticals Pvt Ltd
Centaur Pharmaceuticals filed an Interim Application against MHS Pharmaceuticals. The court noted that the dispute was complex and did not meet the criteria for an immediate ad-interim order, requiring a final hearing after both parties submitted additional evidence.
Fmc Corporation v.Best Crop Science Llp
The case involves a patent infringement dispute regarding one of the suit patents. Another related suit is pending before a different bench.
Uyir Agriculture Private Limited v.Ueir Organic Food Private Limited
The Madras High Court allowed the Civil Revision Petitions, restoring an interim trademark injunction previously vacated by the lower court. The dispute centered on whether the petitioner had complied with procedural requirements under Order XXXIX Rule 1 of CPC after receiving the initial injunction. The High Court found that the delay in filing the compliance affidavit was excusable due to logistical constraints during the COVID-19 pandemic, thereby interfering with and setting aside the order that vacated the injunction.
Raaj Unocal Lubricants Limited v.Apple Energy Pvt Ltd & Anr.
The Delhi High Court granted an interim injunction favoring Raaj Unocal Lubricants Limited. The court restrained the defendants from pursuing a related civil action before the U.S. District Court at Southern District of Texas, as well as preventing them from manufacturing or selling goods using trademarks identical or deceptively similar to UNOCAL and UNOCAL 76 in India. This decision protected the plaintiff's established rights derived from its licensing agreement with UNOCAL.
Sagar Ratna Restaurants Pvt Ltd v.D S Foods & Ors.
Sagar Ratna Restaurants Pvt Ltd challenged an order that referred its trademark dispute against D S Foods & Ors. to arbitration. The petitioner asserted ownership of the trademarks "SAGAR," "RATNA," and "SAGAR RATNA" and alleged infringement by the respondents, who were franchisees. Despite arguments for arbitrability based on the franchise agreement, the Delhi High Court ultimately intervened, finding that the core dispute concerning trademark rights was not amenable to arbitration due to inherent jurisdictional limitations.
Hindustan Unilever Ltd v.Greypixy Udyog
The Commercial IP Suit filed by Hindustan Unilever Ltd against Greypixy Udyog was settled on April 21, 2021. The parties agreed to a decree based on the plaint's prayer clauses, leading to the disposal of the suit.
Hindustan Unilever Limited v.Greypixy Udyog
The Bombay High Court disposed of a Commercial IP Suit between Hindustan Unilever Limited and Greypixy Udyog. The parties reached a settlement, with the Defendants agreeing to submit to the decree in terms of the plaint's prayer clauses.
Unilever Plc v.Hemakesh Frozen Foods Pvt. Ltd
The parties, Unilever Plc and Hemakesh Frozen Foods Pvt. Ltd, settled their dispute in this Commercial IP Suit. The defendant submitted to a decree based on the plaint's prayer clauses, leading the plaintiff to drop its claim for damages.
Hindustan Unilever Limited v.Greypixy Udyog
The Bombay High Court disposed of the Commercial IP Suit (L) No. 3761 of 2021 after both parties reached a settlement. The Defendants agreed to submit to a decree based on the plaint's prayer clauses, and the Plaintiffs waived their claim for damages.
Goldmines Telefilms Pvt Ltd v.Achla Sabharwal
The dispute concerns the ownership of the copyright in the 1987 Hindi film 'Sheela' between Goldmines Telefilms Pvt Ltd and Achla Sabharwal. Both parties claim to be the true assignee of the rights from the original producer, Dwarakish. Goldmines sought an interim injunction preventing Sabharwal from exploiting or claiming ownership of the copyright.
Cutis Biotech Thr.Its Sole Prop. v.Serum Institute of India Private
This Bombay High Court appeal addressed a dispute over the trademark 'Covishield' between Cutis Biotech and Serum Institute of India. Although both parties had pending applications for the mark, Cutis Biotech sought an interim injunction based on passing off. The court ultimately dismissed the appeal, finding that the balance of convenience did not favor the appellant, especially given the critical public health role of the 'Covishield' vaccine in ongoing vaccination drives.
Perenniala Health Care India Private Limited v.S.Samsen Papli
Perenniala Health Care India Private Limited filed a suit seeking declarations of exclusive rights over the FRANCH trademarks and associated artistic works, along with permanent injunctions against alleged infringement. The plaintiff sought to nullify certain assignment deeds executed by the defendants. However, due to the plaintiff failing to appear or prosecute the case despite court notices, the Madras High Court dismissed the entire suit.
Sony Music Entertainment India Pvt. Ltd v.S.Khaja Mohideen
The appeals arose out of common final interlocutory orders concerning two actions for copyright infringement. The first suit involved musical works in 17 films, while the second concerned music from the film 'Citizen'. The court addressed issues related to prima facie case and balance of convenience before granting interim relief.
Telefonaktiebolaget Lm Ericsson (Pub) v.Gionee Communication Equipment Co. Ltd & Anr.
This order addressed a review petition filed by Defendant No. 2 (Syntech Technology Pvt. Ltd.) challenging the denial of framing issues regarding its application for patent revocation. The court noted that the pending revocation proceedings before IPAB were effectively being handled by the High Court's jurisdiction post-IPAB abolition. To resolve this, the court permitted the defendant to withdraw the IPAB revocation petition and file a counterclaim in the suit.
Snapdeal Private Limited v.Godaddycom Llc And Ors
Snapdeal Private Limited filed an application seeking a temporary injunction against Godaddycom and others, alleging widespread infringement of its registered 'SNAPDEAL' trademark through the registration and offering of infringing domain names. The court examined the feasibility of granting such a broad injunction, particularly concerning the ability to prevent the registration of any domain name containing the mark. While acknowledging the plaintiff's claims of infringement, the judge required further clarification from the defendant regarding the practical implementability of the requested relief before making a final decision on the interim order.
The Himalaya Drug Company & Ors v.Ashok Kumar & Ors
The Delhi High Court issued interim protective orders in favor of The Himalaya Drug Company against Ashok Kumar & Ors regarding trademark infringement. The court restrained the defendants from using Himalaya's registered logos, trademarks (including 'Himalaya Pure Herbs'), specific domain names like <himalayawelness.com>, and associated email IDs. Furthermore, the court directed the freezing of certain websites and domain names to prevent further unauthorized capitalization on the plaintiff's goodwill.
Franco-Indian Pharmaceuticals Pvt Ltd v.Nutramarck Lifesciences Pvt Ltd
This interim application sought relief concerning the alleged infringement of a trademark (STIMULIV) by the defendant (Nutramarck Lifesciences Pvt Ltd), which was using the mark IMMULIV. The defendant, through its director, provided assurances that they would cease manufacturing and using the impugned marks.
Monsanto Technology Llc v.Nuziveedu Seeds Ltd
The parties, Monsanto Technology Llc and Nuziveedu Seeds Ltd, filed joint applications to withdraw the suit and counter claim. They stated that they had amicably resolved their disputes through a Settlement Agreement dated March 26, 2021.
Franco-Indian Pharmaceuticals Pvt Ltd v.Nutramarck Lifesciences Pvt Ltd
This interim application was filed regarding a trademark dispute between Franco-Indian Pharmaceuticals Pvt Ltd and Nutramarck Lifesciences Pvt Ltd. The defendant, through its director Mr Abhinav, stated that they had stopped manufacturing products with the impugned mark IMMULIV and would remove them from e-commerce websites within two weeks.
M/S MATHSTRAMAN MANUFACTURES AND TRADERS PRIVATE LIMITED v.Controller General of Patents Designs and Trademarks
The Kerala High Court granted an interim order in favor of M/S Mathstraman Manufactures and Traders Private Limited. The court directed that the petitioner's registered trademark numbers (1326035 and 1326036) shall not be removed from the register while the Writ Petition is pending final disposal. This stay provides immediate protection to the petitioner against administrative action by the Controller General of Patents.
M/S Nutrica Pusti Healthcare Pvt. Ltd. v.M/S Morepen Laboratories Ltd.
The Delhi High Court dismissed the appeal filed by Nutrica Pusti Healthcare Pvt. Ltd., upholding the Commercial Court's interim injunction against Morepen Laboratories Ltd. The court found that the marks used by the appellants were deceptively similar to those of the respondents, particularly considering the pharmaceutical context and potential for consumer confusion. This judgment reinforces the strict application of trademark principles in the highly regulated pharma sector.
Gujarat Cooperative Milk Marketing Federation Ltd v.Amul-Franchise.in & Ors.
The Delhi High Court granted relief to Gujarat Cooperative Milk Marketing Federation Ltd (AMUL) in its ongoing trademark infringement suit. The court allowed AMUL to implead new parties, including the domain registrar and Google LLC, to pursue fraudulent activities related to their brand. Crucially, the court ordered the suspension and blocking of the infringing domain name www.educationdindia.com and directed the freezing of a specific bank account linked to the alleged infringement.
Franco-Indian Remedies Pvt Ltd v.Unihelix Biotech Pvt Ltd
The Plaintiff filed a suit for trademark infringement and passing off regarding its mark FINATE used in cholesterol control formulations. The Defendant was using the mark FERINATE XT. The Court found a prima facie case due to the confusing similarity between the marks, leading to an interim injunction favoring the Plaintiff.
Fdc Limited v.Shripal Mangalchand Jain
Fdc Limited filed a Commercial IP Suit against Shripal Mangalchand Jain regarding trademark infringement. The dispute centers on FDC's mark PYRIMON (used for anti-bacterial isolation) versus the Defendant's mark PRIMON-N (used for birth control pills and menopausal hormone therapy).