India IP Litigation

7,068 annotated decisions

7,068
Decisions
4
IP Types
10
Courts

Page 216 of 295 · 7,068 total

patent mixed · Dec 14, 2018

Hanuman Candle Works v.M/S Ashwini Candle Industry

Gauhati High Court · FAO 61/2017 (GAHC010009142018)

The Gauhati High Court disposed of an appeal concerning alleged infringement of a trademark and copyright related to candle artwork. The respondent agreed to refrain from using the disputed artwork ('MAYUR'), leading the court to make its previous interim injunction order absolute. However, the core issue regarding concurrent usage of the 'MAYUR' trademark remains pending before the Registrar of Trademarks, necessitating further action by both parties.

trademark mixed · Dec 13, 2018

Maharshi Packaging Machines Pvt. Ltd. v.M/S Maharshi Udyog Thru Partner, Bhagvat Vitthaldas Shah

Gujarat High Court · C/SCA/19408/2018

The Gujarat High Court stayed a commercial trademark civil suit after hearing an appeal challenging the trial court's refusal to frame an issue regarding the validity of the plaintiff's trademark registration. The petitioner argued that since they had filed a rectification application under Section 57 of the Trade Marks Act, 1999, before the IPAB, the Civil Court should not have ruled on the matter unilaterally. The court agreed that the trial court needed to properly consider the pending statutory proceedings, leading to the stay.

trademark plaintiff favorable · Dec 12, 2018

Mr.A.D.Padmasingh Issac Trading as Aachi Spices and Foods / M/s.Aachi Masala Foods (P)Ltd. v.Nutriyes Healthcare Pvt Ltd

Madras High Court · C.S.No.138 of 2017

Aachi Spices and Foods filed a civil suit alleging that Nutriyes Healthcare Pvt Ltd was infringing upon its copyright and passing off its brand, 'AACHI RAGI FLOUR.' The plaintiff sought permanent injunctions against the unauthorized use of similar marks on ragi flour products. After establishing jurisdiction and presenting ex-parte evidence, the court found in favor of the plaintiffs, granting injunctive reliefs and directing the surrender of infringing materials. Furthermore, given the defendant's failure to appear despite being duly served, the court awarded significant compensatory costs.

patent interim order · Dec 11, 2018

Colgate Palmolive Company v.Personal Brushes Pvt. Ltd.

Bombay High Court · COMM.IP SUIT (L) No. 1506 of 2018

Colgate Palmolive filed a suit against Personal Brushes Pvt. Ltd. alleging passing off and infringement related to their toothbrush products. The court passed an interim order granting reliefs restraining the defendants from imitating the trade dress, get up, and infringing specific registered designs.

patent dismissed · Dec 11, 2018

Metco Polymers Private Limited v.M/s.AnB Healthcare Products

Madras High Court · C.S.No.835 of 2007

The plaintiffs filed a civil suit seeking a permanent injunction against the defendants for infringing their registered patent related to 'water beds'. However, the counsel for the plaintiffs subsequently moved an application to withdraw the suit.

trademark interim order · Dec 10, 2018

Hindustan Unilever Limited v.Reva Sree Industries

Bombay High Court · 946-NMCDL-2648-2018

Hindustan Unilever Limited filed a Notice of Motion against Reva Sree Industries alleging infringement of its trademarks (OK and WHEEL) and passing off through the use of similar trade dress on detergent products. The court granted an ad-interim injunction restraining the defendant from using the infringing marks/trade dress pending final disposal.

trademark interim order · Dec 10, 2018

Unilever Plc. v.HAD Enterprises

Bombay High Court · 925-NMCDL-1666-2018

Unilever Plc. filed a suit alleging that Had Enterprises was violating its trademarks (LAKME, LAKME EYECONIC, etc.) by selling products using deceptive marks and logos. The court addressed motions related to the investigation of these IP violations.

trademark plaintiff favorable · Dec 7, 2018

Texmo Industries v.Mr.Kantilal Solanki

Madras High Court · C.S.No.719 of 2016 and A.No.4537 of 2018

The Madras High Court granted summary judgment in favor of Texmo Industries against Mr. Kantilal Solanki, finding clear cases of trademark infringement and passing off. The court determined that since both parties used the identical mark 'TEXMO' on the same product—agricultural pumps—the use by the defendant constituted a direct violation of the plaintiff's registered trademarks (Nos. 315049 and 315050). Consequently, the suit was decreed granting permanent injunctive reliefs to protect Texmo Industries' brand integrity.

trademark mixed · Dec 7, 2018

Riyaz Chowdhary v.Parfums Parour And 2 Ors

Bombay High Court · WP No.1196 of 2016

The Bombay High Court intervened in a trademark rectification dispute concerning the mark 'LOMANI'. The petitioner challenged the Intellectual Property Appellate Board's (IPAB) decision to remove the trademark, arguing that he was denied natural justice because the application for rectification was not served upon him until seven years after it was filed. Recognizing this procedural lapse, the Court set aside the IPAB's order and mandated a fresh hearing, ensuring the petitioner is given a fair opportunity to contest the removal of his registered mark.

trademark mixed · Dec 7, 2018

Rajeshbhai Gokulbhai Sojitra v.Registrar Of Trade Marks Boudhik Sampada Bhavan

Gujarat High Court · C/SCA/18922/2018

The Gujarat High Court addressed a petition filed by Rajeshbhai Gokulbhai Sojitra concerning the prolonged delay in deciding his trade mark registration application for 'Krinal Double Filter Chuno'. The petitioner alleged inaction by the Registrar of Trade Marks, noting that the application had been pending since 2008. Recognizing the administrative lapse, the Court issued a directive to the Respondent Authority to finalize the decision on Application No.1688346 within eight weeks from the date of the order, without examining the merits of the underlying trade mark dispute.

trademark plaintiff favorable · Dec 6, 2018

Red Bull Ag v.C. Eswari & Ors.

Delhi High Court · CS(COMM) 1062/2018

The Delhi High Court ruled in favor of Red Bull Ag, declaring its 'Double Bull Device' and 'Single Bull Device' trademarks as well-known marks in India. The court found that Red Bull's extensive global presence, massive sales figures (controlling 97.3% of the Indian energy drink market), and widespread promotion satisfied the criteria for a well-known trademark under the Trade Marks Act, 1999. This declaration provides strong legal backing to prevent unauthorized use by defendants in related goods.

trademark interim order · Dec 4, 2018

Unilever Plc v.Glint Cosmetics Pvt. Ltd.

Bombay High Court · 927-NMCDL-2711-2018

The Plaintiffs, Unilever Plc, sought interim relief against the Defendant, Glint Cosmetics Pvt. Ltd., alleging infringement and passing off concerning their registered trademarks SUNSILK and CLEAR in the personal care industry. The court granted temporary injunctions restraining the defendant from using similar marks and ordered disclosure of relevant documents.

design mixed · Dec 3, 2018

M/S VAJRA PLASTICS INDUSTRY v.M/S VARSHA POLYMERS

Kerala High Court · FAO No.155 of 2018

This appeal addressed allegations of design infringement concerning PVC rainwater gutters. The plaintiffs claimed their unique 'Euro Guard' gutter design was copied by the defendants' 'Varsha Square Gutter'. Although the plaintiffs held a valid design certificate, the High Court found it difficult to sustain the lower court's injunction order. The court ultimately set aside the temporary injunction while directing both parties toward expedited trial proceedings.

trademark plaintiff favorable · Nov 30, 2018

Asian Paints Ltd. v.A1 Colours Paints

Bombay High Court · IP SUIT (L) NO.1527 OF 2018

Asian Paints Ltd. filed a suit against A1 Colours Paints alleging infringement and passing off related to its registered trade marks APEX and ROYALE. The court granted leave under the Letters Patent Act and decreed the suit in favor of Asian Paints.

trademark interim order · Nov 30, 2018

Asian Paints Limited v.Agrasen Paints and Chemicals

Bombay High Court · 911-NMCDL-2710-2018

Asian Paints Limited filed a Notice of Motion seeking an injunction against Agrasen Paints and Chemicals for alleged infringement of the distinctive trade mark UTSAV and associated trade dress. The Bombay High Court granted the requested relief, restraining the Defendant from using similar marks or trade dresses in relation to paints and distemper pending the final hearing.

trademark plaintiff favorable · Nov 30, 2018

Asian Paints Ltd. v.A1 Colours Paints

Bombay High Court · IP SUIT (L) NO.1527 OF 2018

Asian Paints Ltd. filed a suit against A1 Colours Paints alleging infringement and passing off related to its trade marks APEX and ROYALE. The court granted leave under the Letters Patent Act and decreed the suit in favor of Asian Paints.

trademark plaintiff favorable · Nov 30, 2018

Asian Paints Ltd. v.A1 Colours Paints

Bombay High Court · IP SUIT (L) NO.1527 OF 2018

Asian Paints Ltd. filed a suit against A1 Colours Paints alleging infringement and passing off related to its registered trademarks, APEX and ROYALE. The court granted leave under the Letters Patent Act and decreed the suit in favor of Asian Paints, issuing perpetual injunctions against the defendant's use of similar marks (APEXS and ROYAL) on paint products.

trademark interim order · Nov 29, 2018

Atlas Radio Traders v.Vijay Marketing

Bombay High Court · 912-NMCDL-2690-2018

Atlas Radio Traders filed a Notice of Motion alleging that Vijay Marketing was engaging in passing off by using the mark 'JZ CROWN' on electronic goods, which is deceptively similar to Atlas Radio Traders' prior trade mark 'CROWN'. The Bombay High Court granted an interim injunction restraining the Defendant from manufacturing or selling such goods until the final disposal of the suit.

patent plaintiff favorable · Nov 29, 2018

Hindustan Unilever Limited v.National Chemical Works

Bombay High Court · 911-NMCDL-2668-2018

Hindustan Unilever Limited filed a suit against National Chemical Works alleging infringement of its well-known trade mark 'SUNLIGHT' and its copyright in the associated artistic packagings. The court granted leave under the Letters Patent Act, decreed the suit, and passed permanent injunctions against the defendant.

patent plaintiff favorable · Nov 29, 2018

Hindustan Unilever Limited v.National Chemical Works

Bombay High Court · 911-NMCDL-2668-2018

Hindustan Unilever Limited filed a suit against National Chemical Works alleging infringement of its registered trademarks (SUNLIGHT) and copyright in artistic packagings. The court granted permanent injunctions restraining the defendant from using similar marks ('SOOLIGHT') and reproducing the copyrighted trade dress on detergents.

patent In favor of Plaintiff · Nov 28, 2018

Hemant Bandodkar v.Vertellus Speciality Materials

Bombay High Court

The Plaintiffs allege patent infringement regarding two patents related to a high yielding process for manufacturing DCDPS with near zero effluents. They seek ad-interim reliefs and preservation of documents.

trademark plaintiff favorable · Nov 27, 2018

Unilever Plc v.Golden Assam Tea Depot

Bombay High Court · IP SUIT (L) NO.1513 OF 2018

Unilever Plc filed an IP suit against Golden Assam Tea Depot for trademark infringement. The dispute centered on the defendant's use of the impugned trade mark "Sipton" and other deceptively similar marks in relation to tea products, which infringed upon Unilever's registered trademarks, particularly "Lipton".

trademark plaintiff favorable · Nov 26, 2018

Luxembourg Brands S.A R.L & Anr v.G.M Pens International Pvt Ltd

Delhi High Court · CS(COMM) 1120/2016

The Delhi High Court partially decreed the suit for trademark infringement and passing off. Despite previous settlements where the defendant agreed to cease using certain marks, the court found that the defendant continued manufacturing and selling products under the mark 'TERAMAX'. Consequently, the court imposed a penalty of ₹5 lakh on the company's directors and mandated a detailed accounting and independent audit of all net revenue earned from the infringing sales.

trademark interim order · Nov 24, 2018

Hindustan Unilever Limited v.Reva Sree Industries

Bombay High Court · IP Suit (L) No.1440 of 2018

Hindustan Unilever Limited filed an IP suit against Reva Sree Industries alleging that the latter was using a mark (OK WELL) and trade dress deceptively similar to HUL's established marks (OK and WHEEL) and packaging. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an ad-interim injunction.