India IP Litigation
7,068 annotated decisions
Page 209 of 295 · 7,068 total
Eisai Co. Ltd. v.Satish Reddy
The plaintiffs, holding exclusive rights to Indian Patent No. 215528 for Lorcaserin, filed a suit seeking permanent and interim injunction against the defendants who were planning to commercialize an infringing drug (LHH). The court found that there was a prima facie case of infringement in favor of the plaintiff.
Metro Brands Limited v.Reliance Retail Limited
The Bombay High Court passed an order by consent in a Commercial IP Suit concerning trademark infringement and passing off. The court granted permanent injunctions against Defendant Nos. 1 and 2, restraining them from infringing or passing off the Plaintiff's registered METRO marks. Additionally, Defendants Nos. 1 and 2 were directed to pay costs of Rs. 10 Lakhs.
Hotel Panchavati v.Hotel Panchawati
The Plaintiffs filed a commercial IP suit against the Defendants alleging infringement of their well-known PANCHVATI trademarks in the hospitality sector. The court granted leave under Clause XIV of the Letters Patent Act and passed an interim order restraining the defendants from using the infringing marks and domain names.
Bayer Corporation v.Union Of India & Ors.
This judgment addresses the interpretation of Section 107A of the Patents Act, 1970, commonly known as the Bolar provision. The court examined whether patented products could be exported for clinical trials and regulatory submissions outside India without constituting patent infringement. The bench affirmed that sale or use under Section 107A is legal both domestically and abroad, provided the end purpose is reasonably related to research and development for regulatory compliance. Furthermore, the judgment clarified that disputes regarding the legitimate scope of this exemption should be adjudicated in civil suits rather than public law proceedings like writ petitions.
Hindustan Unilever Limited v.Shree Shyam Udyog and Ors.
Hindustan Unilever Limited filed a suit against Shree Shyam Udyog for infringing its registered trade marks (SUNLIGHT) and copyrighted artistic packaging/trade dress. The court granted leave under Clause XIV of the Letters Patent Act and decreed the suit.
Hindustan Unilever Limited v.Shree Shyam Udyog and Ors.
Hindustan Unilever Limited filed a commercial IP suit against Shree Shyam Udyog for infringement and passing off. The court granted leave under Clause XIV of the Letters Patent Act and decreed the suit, granting permanent injunctions.
Hindustan Unilever Limited v.Shree Shyam Udyog and Ors.
Hindustan Unilever Limited filed a commercial IP suit against Shree Shyam Udyog for infringing its trade marks (SUNLIGHT) and copyrights related to detergent packaging. The court granted leave under the Letters Patent Act and decreed the suit, issuing permanent injunctions.
Ceat Limited v.Ambika Rubber Industries and others
The petitioner, Ceat Limited, filed a suit alleging infringement of its trademark CEAT and copyright in its original artistic work and trade dress. The court had previously granted ex-parte ad-interim relief. On this date, the defendants repeatedly failed to file their affidavits or appear before the court despite multiple adjournments, leading the court to pass an order directing them to appear on a specific future date while continuing the existing interim orders.
Retail Royalty Company and AEO Management Co. v.BV Quality Certification Private Limited and Kesharia Agencies (Madras)
This civil suit was filed by Retail Royalty Company and AEO Management Co. against BV Quality Certification Private Limited and Kesharia Agencies (Madras) seeking perpetual injunctions for infringing their registered mark 'Eagle' and committing copyright violations. The plaintiffs sought relief including damages, surrender of materials, and a preliminary decree for accounts of profits. However, the parties subsequently reached an amicable settlement.
Sun Pharma Laboratories Limited v.Madhusudan Pharmaceutical Agency and another
Sun Pharma Laboratories Limited filed a commercial IP suit against Madhusudan Pharmaceutical Agency and others alleging infringement of its registered trade mark 'PANTOCID-DSR'. The court granted leave under Clause XIV of the Letters Patent Act and passed an interim order restraining the defendants from dealing in products bearing the impugned trademark.
Hindustan Unilever Ltd. v.Jayalakshmi Enterprises
Hindustan Unilever Ltd. filed a commercial IP suit against Jayalakshmi Enterprises alleging infringement of its trademarks, copyrights, and trade dress concerning its detergent products. The court granted the injunctions sought by the plaintiff, restraining the defendant from using infringing marks or artwork.
Piramal Enterprises Limited v.Chemiloids and others
The dispute concerns the alleged unauthorized use of confidential information, specifically a Standard Operating Procedure (SOP), by Chemiloids and others in the process of extracting SI containing X-X% of 7-HF. The court appointed the Department of Chemical Engineering, IIT Madras, as an Expert Commissioner to compare the processes used by both parties.
Triumphant Institute Of Management Education Pvt Ltd v.Time Plus Institute & Anr
The Delhi High Court granted an ad-interim injunction in favor of Triumphant Institute Of Management (T.I.M.E.) against Time Plus Institute, recognizing the strong likelihood of trademark infringement and passing off. The court found that the respondent's use of similar marks was likely to deceive the public and dilute T.I.M.E.'s established goodwill in the coaching industry. Furthermore, a local commissioner was appointed to seize infringing materials, reinforcing the protection of T.I.M.E.'s statutory and common law rights.
Nuvoco Vistas Corporation Limited v.Jk Lakshmi Cement Limited & Anr
The Delhi High Court confirmed the existing ex parte ad interim injunction in favor of Nuvoco Vistas Corporation Limited, which was seeking relief for trademark infringement and passing off. The court dismissed the defendants' application to vacate the order, primarily based on the principle that the defendants themselves had applied for registration of a similar mark (CONCRETA). This ruling reinforces the legal doctrine against 'approbation and reprobation,' preventing parties from contradicting their own prior actions in litigation.
Speciality Restaurants Limited v.Deepika Hospitalities Pvt.Ltd.
Speciality Restaurants Limited filed a suit against Deepika Hospitalities Pvt. Ltd. regarding alleged trademark infringement. The court disposed of the suit and notice of motion based on minutes of order, accepting undertakings from the defendants.
Flexituff International Ltd v.M/S Tirupati Sprinklers
The plaintiff sued the defendant alleging infringement of its registered dripper design. The plaintiff claimed exclusive rights over the design developed since 2010. The defendant countered that the design was generic, not novel, and had been obtained from a third party (Mr. Uri Alkalay) prior to registration. The court dismissed both injunction applications.
Utv Software Communication Ltd. v.1337X.To and others
The Delhi High Court addressed multiple suits concerning the unauthorized streaming and distribution of copyrighted cinematograph works on various websites. The court found that the defendant-websites were infringing upon the plaintiffs' copyrights.
Pharmacosmos Holding A/S v.La Renon Healthcare Private Limited & Anr
Pharmacosmos Holding A/S filed a suit for infringement against La Renon Healthcare Private Limited and others regarding Patent No. 291100 ('RAPIFER'). The court granted permanent injunction against Defendant No. 1 based purely on the defendant's binding statement, despite disputes over the plaint's merits. Similarly, the suit against Defendant No. 2 (Corona Remedies Pvt. Ltd.) was disposed of by binding them to their reply stating they were not infringing.
Natco Pharma Ltd v.Union Of India & Ors.
Natco Pharma Ltd challenged the actions of the Controller regarding a pending patent application (No. 3865/KOLNP/2007). The petitioner argued that since the Controller had reserved judgment without deciding on their request for cross-examination, they would be seriously prejudiced if the patent was granted without hearing their objections fully. The Court ruled that in adversarial proceedings before the Controller, the right to cross-examine is an indefeasible right under natural justice.
J. C. Bamford Excavators Ltd v.Union Of India And Ors.
The petitioner challenged the Deputy Controller of Patents and Designs' order that revoked Patent No. 251037, citing lack of disclosure regarding ongoing civil suit and a PCT application in Australia. The court found the revocation unjustified, noting that the civil dispute had settled and the respondent had withdrawn the post-grant opposition.
D. Baskaran v.The Deputy Registrar Of Trade Marks & The Registrar of Trade Marks
This Madras High Court judgment addressed a dispute over the lapsed registration of the 'TAJMAHAL' trade mark. The petitioner sought directions to compel the Trade Mark Registry to accept his renewal application, which had been refused due to the lapse of time. The court ruled that mere expiration is insufficient for removal; the statutory procedure, specifically issuing Form O-3 notice under Section 25(3) of the Trade Marks Act, must be followed scrupulously before a mark can be removed from the register.
Elder Projects Ltd. & Anr. v.Elder Pharmacia Llp & Ors.
The Delhi High Court dismissed the suit filed by Elder Projects Ltd. against Elder Pharmacia LLP, finding that the claim of passing off lacked a genuine cause of action. The court relied heavily on evidence provided by the plaintiff's Managing Director, which revealed that the plaintiff had previously claimed rights over the 'ELDER' trademark based on mistaken advice and was not the registered proprietor. Consequently, the interim ex-parte injunction granted to the plaintiff was vacated, marking a significant setback for Elder Projects Ltd.
Dart Industries Inc. v.K.K.Plastics
Dart Industries Inc. filed a civil suit against K.K.Plastics and others, alleging infringement of its registered bottle and cap designs (Registration Nos. 221424 and 221425) and passing off related to its 'Aquasafe' brand. The plaintiffs sought permanent injunctions against the defendants for manufacturing or selling imitative products. Given that the defendants failed to appear and contest the suit, the Madras High Court passed a summary judgment in favor of Dart Industries Inc., confirming the infringement claims.
M/s.Kaleesuwari Refinery Private Limited v.M/s.ALAMELU MANGA OIL COMPANY
M/s.Kaleesuwari Refinery Private Limited filed a civil suit against M/s.ALAMELU MANGA OIL COMPANY alleging infringement of its registered copyright (A-68242/2005) and trademark ('Gold Winner'). The plaintiff claimed the defendant was using deceptively similar trade dress, color scheme, and get up with the mark 'SUN F GOLD' on packing material for refined sunflower oil. Although the suit sought permanent injunctions and accounts of profits, the parties ultimately entered into a compromise.