India IP Litigation
7,068 annotated decisions
Page 204 of 295 · 7,068 total
Meto Polymers Private Limited v.Hindustan Healthcare Products
The civil suit was filed by Meto Polymers Private Limited against Hindustan Healthcare Products seeking a permanent injunction and damages for infringing a registered patent related to 'water beds'. However, the court noted that the plaintiffs had repeatedly indicated their intention to withdraw the suit but failed to prosecute it.
Asianet Star Communications Pvt Ltd. v.The Registrar Of Trademarks & Anr.
This Delhi High Court judgment addresses a dispute over the alleged abandonment of a registered trademark due to non-renewal. The petitioner argued that the mandatory O-3 notice for renewal was improperly backdated and uploaded using an outdated form (RG-3), making it invalid. The court recognized serious inconsistencies in the Trademark Registry's process, directing senior officials and the concerned Examiner to appear in court with explanations and documentation regarding the improper uploading of notices. Crucially, the court granted interim relief, ensuring the trademark would not be treated as abandoned pending a full inquiry.
M/S Clean Tech Corrosion Chemicals v.The State Of Andhra Pradesh
The petitioner, M/S Clean Tech Corrosion Chemicals, sought a writ of mandamus compelling the State of Andhra Pradesh to implement instructions mandating the use of its patented anti-corrosion admixture inhibitor liquid, CONCARE, in RCC structures. The state argued that it only recommended 'CONCARE or equivalent products' and was not bound to procure from the petitioner alone. The court ruled that while policy decisions are generally beyond judicial interference, the respondents must ensure that if they choose to use an anti-corrosion agent, it must be a licensed product.
M/s. Nagarjuna Agro Chemicals Pvt. Ltd. v.M/s. Sai Agrotech, F.M.D. (Farm Machinery Division)
M/s. Nagarjuna Agro Chemicals Pvt. Ltd. filed applications for review against a previous judgment that had allowed a license request for Light Trap Equipment to be rejected by NCIPM. The court reviewed the matter, considering the involvement of the review applicant in an earlier agreement with ICAR regarding the licensed technology.
Trustees, Jesus Redeems Ministries v.The Bible Society of India
The plaintiff Trust printed the Holy Bible in Tamil language. The defendant sent a Cease and Desist notice alleging copyright infringement. The plaintiff argued that no existing copyright subsists in the joint authorship work (Bower Version) after the statutory period, and the threat was groundless. The court ruled in favor of the plaintiff.
Steer Engineering Private Limited v.Glaxosmithkline Consumer Healthcare Holdings (US)LLC; Glaxosmithkline Consumer Healthcare (UK) IP Limited; Glaxosmithkline Consumer Healthcare (UK) Trading Limited; Smithkline Beecham Limited
Steer Engineering Private Limited (appellant) filed a commercial appeal seeking an interim injunction against Glaxosmithkline Consumer Healthcare (respondents). The appellant claimed infringement of its copyright and trade secrets related to proprietary extrusion technology used for nutritional beverages. The High Court dismissed the appeal, finding that the appellant failed to establish a prima facie case for granting temporary relief.
Meher Distilleries Private Limited v.Raisen Marketing Private Limited
Meher Distilleries Private Limited filed an interim application alleging that Raisen Marketing Private Limited was infringing its registered trade mark and copyrighted artistic design used on its country liquor bottles. The court found a strong prima facie case for infringement.
Dharampal Satyapal Sons Private Limited v.Mr. Akshay Singhal & Ors.
The Delhi High Court ruled in favor of Dharampal Satyapal Sons Private Limited, declaring its candy brand 'PULSE' a well-known trademark. The court found that the plaintiff had established extensive goodwill and reputation both domestically and internationally through significant promotion and unique trade dress. Consequently, the defendants were restrained from manufacturing or selling similar products under deceptively similar marks like 'PLUSS', protecting the integrity of the PULSE brand.
M/s.Radiant Cash Management Services v.All in Pictures
M/s. Radiant Cash Management Services filed a suit against All in Pictures alleging infringement of its exclusive trademark, 'Radiant,' related to the screening of the film 'GORRILA.' The plaintiff sought permanent injunction and damages for the alleged misuse of the mark. However, during the hearing, the defendant submitted an affidavit stating that the matter had been settled out of court.
Intellectual Property Attorneys Association v.The Controller General Of Patents, Designs & Trade Marks & Anr
The petitioner challenged the refusal of trade mark registration applications due to non-speaking orders passed by the Registrar of Trade Marks. The court held that Section 18(5) mandates the Registrar to record and communicate the grounds for refusal in writing. Consequently, Rule 36 of the Trade Marks Rules was deemed arbitrary and inconsistent with the statute.
M/s.Cool Planet (Pvt) Ltd. v.M/s.Cool Planet
This case involved M/s. Cool Planet (Pvt) Ltd. filing a civil suit against various entities, including another entity named M/s. Cool Planet and Paramount Apparels and Exports. The plaintiff sought permanent injunctions against the use of the mark 'Cool Planet', alleging infringement of both trade marks and copyright, as well as passing off. Despite the initial claims for damages and delivery up of materials, the parties ultimately reached a settlement.
Satish Kumar v.Khushboo Singh & Ors.
Satish Kumar filed a suit against Khushboo Singh and others, alleging the misappropriation of confidential information, trade secrets, and clientage belonging to his company, Plasma Impex Inc. The plaintiff sought permanent injunctions and damages, claiming that the defendants used proprietary data obtained during their employment. However, the court ultimately dismissed the suit as withdrawn by the plaintiff.
Gaur Hari Guchhait & Ors v.Shogun Organics Ltd
The appeal was filed by the original defendants against a decree that found them infringing the plaintiff's patent for the process of manufacturing d-trans Allethrin. The appellants argued that the process was already known due to its registration under the Insecticides Act, 1968. The court dismissed the appeal, holding that product registration does not equate to disclosure of the manufacturing process required for patentability.
Less Than Equals Three Services Pvt. Ltd. v.Paras Mehra & Ors
The dispute involves Less Than Equals Three Services Pvt. Ltd., which alleges that its founders and employees established a competing business using the source code and MySQL database of the petitioner's website, quickcompany.in. The core legal challenge raised by the defendants was whether the company could maintain a copyright infringement suit without clearly pleading the identity of the author and an agreement vesting the rights in the company. The court analyzed this issue against previous judgments, ultimately finding that the plaintiff's disclosures were sufficient to overcome the preliminary objection.
Rui Boutique v.Nidhi Arora
The plaintiff, Rui Boutique, a manufacturer and trader of ready-made women's garments under the trade mark 'RUI', filed an application alleging that the defendant was using the impugned mark 'RUI INDIA' for similar goods. The court found a strong prima facie case regarding the identity/deceptive similarity between the marks and granted an ad-interim injunction.
Mylan Laboratories Limited v.Union Of India & Ors.
Mylan Laboratories Limited challenged the Deputy Controller's order regarding a patent application, arguing that prior arts were not adequately considered. The court examined the matter and held that since there are efficacious alternative statutory remedies (post-grant opposition or revocation), the writ petition would not be entertained.
M/S Psychotropics India Ltd. v.M/S Syncom Healthcare Ltd.
The Delhi High Court allowed M/S Psychotropics India Ltd. to appoint Local Commissioners in the execution phase of a trademark infringement suit against M/S Syncom Healthcare Ltd. Despite initial rejection by the Trial Court, the High Court emphasized that permanent injunctions related to pharmaceutical products require strict enforcement due to public interest and consumer safety. The appointed commissioners were directed to seize infringing goods bearing the mark CTZ-10 and inspect sales accounts.
Pfizer Inc v.Actiza Pharmaceutical Private Limited
Pfizer Inc filed a suit against Actiza Pharmaceutical Private Limited alleging infringement of its patents covering Sunitinib and Axitinib. The parties subsequently reached a settlement through mediation before the Delhi High Court.
Onyx Therapeutics Inc. v.Union Of India & Ors
Onyx Therapeutics Inc. challenged the Deputy Controller of Patents' orders that restricted its right to cross-examine expert witnesses during a post-grant opposition filed by Fresenius Kabi Oncology Ltd. The core dispute centered on whether the patentee, having filed objections under Rule 58, was entitled to challenge the veracity of the opponent's experts through cross-examination. The Delhi High Court ultimately ruled in favor of Onyx, quashing the restrictive orders and allowing the cross-examination without imposing any condition regarding the filing of evidence by the patentee.
Mr.Mohammed Niyamathullah v.Mr.Mohammed Hidayathulla
This civil suit was filed by Mr. Mohammed Niyamathullah seeking a permanent injunction against defendants for infringing his copyright in the Tamil feature film, “Pongadee Neengalaum Unga Kadhalum.” The core of the dispute revolved around an Assignment Deed executed on 09.10.2013, where the plaintiff provided financial assistance to the defendant (who was venturing into film production) and subsequently acquired the entire copyright under default clauses. Despite the defendants' claims of forgery and lack of funds, the court found that the assignment deed was validly established through evidence, leading to a decree in favor of the plaintiff.
Prashant Properties Limited v.Sps Steels Rolling Mills Ltd
The petitioner, an operational creditor, entered into a Permissive User Agreement (PUA) with the respondent to use a family of marks in lieu of securing an outstanding debt. The trial court granted an ad interim injunction restraining the respondent from suspending this PUA. The appellate court stayed this injunction, arguing that civil courts lacked jurisdiction under the IBC and Companies Act. The High Court set aside the stay order, finding that the suit was maintainable as a collateral security agreement.
Rmans Tours & Travels P Ltd. v.Varuna Associates
Rmans Tours & Travels P Ltd. filed a civil suit against Varuna Associates alleging copyright and trademark infringement. The suit claimed that the defendant was using INDAQUA labels, which substantially reproduced the plaintiff's Rmans label in identical color scheme and layout. The plaintiff sought permanent injunctions, destruction of infringing materials, and damages. However, before the court could rule on the merits, the plaintiff chose to withdraw the civil suit.
M/s.Kaleesuwari Refinery Private Limited v.M/s.Popular Trading Company
M/s.Kaleesuwari Refinery Private Limited filed a civil suit against M/s.Popular Trading Company alleging trademark infringement, passing-off, and copyright violation concerning their edible oil products. The plaintiff claimed that the defendant was using the deceptively similar mark 'Gold Drops' in relation to the plaintiff's registered trade mark 'Gold Winner'. Although the initial suit sought various injunctions and damages, the parties ultimately reached a Joint Compromise Memo.
Durga Dairy Ltd. v.M/s.Laxmi Food Products
Durga Dairy Ltd. filed a civil suit against M/s.Laxmi Food Products seeking permanent injunctions, damages, and accounts of profits for alleged trademark infringement, passing off, and copyright violation concerning their 'DURGA' brand. The plaintiffs sought to restrain the defendant from using deceptively similar marks like 'LAXMI DURGA'. However, despite being granted sufficient time, the plaintiffs failed to file an application to amend the cause title due to a change in company name. Consequently, the Madras High Court dismissed the civil suit for default.