India IP Litigation
7,068 annotated decisions
Page 219 of 295 · 7,068 total
Hindustan Unilever Ltd. v.Jai Hind Gruh Udhyog
Hindustan Unilever Ltd. filed an IP Suit against Jai Hind Gruh Udhyog alleging infringement of its distinctive WHEEL label and trade dress in the soap and detergent industry. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an interim injunction.
Nakoda Plast Industries v.Amisha Plastic
Nakoda Plast Industries filed an IP suit against Amisha Plastic. The parties subsequently entered into Consent Terms, which were accepted by the Court.
Hotel Panchavati Gaurav v.Anviti Foods And 2 Others
Hotel Panchavati Gaurav filed an IP suit against Anviti Foods and others alleging infringement of its registered trademarks and copyright related to the name PANCHAVATI GAURAV. The Bombay High Court granted perpetual injunctions restraining the defendants from using the infringing marks and ordered the defendants to pay Rs. 12,00,000/- towards costs/damages.
Metro Shoes Limited v.V. Retail Pvt.Ltd.
The Bombay High Court disposed of the suit (COMIP (L) No. 1073 of 2018) between Metro Shoes Limited and V. Retail Pvt.Ltd. after both parties submitted Consent Terms dated August 30, 2018. The court accepted these terms, leading to the disposal of both the Suit and the Notice of Motion.
Hindustan Unilever Limited v.S.G.K. Industries
Hindustan Unilever Limited filed a suit against S.G.K. Industries alleging infringement and passing off related to its 'SPLAT' trade mark used in detergent preparations. The Bombay High Court granted an interim injunction restraining the defendant from using the infringing marks pending final disposal of the suit.
Hindustan Unilever Limited v.S.G.K. Industries
Hindustan Unilever Limited filed a Notice of Motion against S.G.K. Industries alleging infringement and passing off related to the 'SPLAT' trade mark used for detergent preparations. The Bombay High Court granted interim injunctions restraining the defendant from using any identical or deceptively similar marks, pending final disposal of the suit.
M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Kovai Thalappakattu Biriyani & Fresh juice
The Madras High Court dismissed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Kovai Thalappakattu Biriyani & Fresh juice. The original suit sought permanent injunction and damages for passing off, alleging that the defendant was deceptively using a similar trade mark. However, the plaintiff subsequently withdrew the suit with the court's permission, leading to its dismissal.
Shree Vari Multiplast India Pvt. Ltd v.Deputy Controller Of Patents & Designs
The petitioner challenged the registration of Design No. 242843 (Sunday Chair) on grounds that it lacked novelty or originality as it resembled known designs. The respondent argued that the design was unique, aesthetically pleasing, and distinct from prior art. The High Court upheld the Deputy Controller's order, finding the registered design to be novel and original.
Hindustan Unilever Limited v.Suchit Industries
Hindustan Unilever Limited filed a suit against Suchit Industries alleging infringement related to the soap brand 'Karan'. The defendant, Suchit Murkute, admitted manufacturing soaps under the brand but undertook not to use the splat logo in the future. The Court granted leave and decreed the suit based on these undertakings.
Hotel Panchavati Gaurav v.Saikadam Foods And Beverages Pvt. Ltd.
Hotel Panchavati Gaurav filed an IP suit against Saikadam Foods And Beverages Pvt. Ltd. for infringing its registered trademarks and copyrights associated with the name PANCHAVATI GAURAV. The Bombay High Court granted leave, decreed the suit, and passed a perpetual injunction restraining the defendant from using similar marks or labels.
Hindustan Unilever Ltd. v.Rds Industries
Hindustan Unilever Ltd. filed an IP Suit against Rds Industries alleging infringement of its registered trademarks, specifically the 'Device of SPLAT' mark used in detergent preparations. The court granted leave and passed an order restraining the defendant from using any identical or deceptively similar marks pending the final hearing of the suit.
Kyorin Pharmaceutical Co., Limited v.Assistant Controller of Patents and Designs, Government of India
Kyorin Pharmaceutical appealed the rejection of its tablet patent application (No.5360/CHENP/2010), which cited lack of inventive step and non-patentability. The court found that since a process patent for manufacturing the tablet had already been granted, the respondent was estopped from rejecting the product patent on grounds of lacking inventive steps. However, the matter regarding Section 3(e) non-patentability was remitted for fresh consideration.
M/S Aashiana Rolling Mills Ltd v.M/S Kamdhenu Ltd
This appeal addressed an interim injunction sought by Kamdhenu Ltd against M/S Aashiana Rolling Mills Ltd for alleged infringement of a registered design on TMT steel bars. Kamdhenu claimed its unique surface pattern was protected, while Aashiana argued that the design merely replicated a widely accepted British Standard (BS 4449:2005). The Delhi High Court ultimately set aside the injunction, finding that Kamdhenu's registration was suspect because it relied on a commonly applicable standard available in the public domain.
The Institute Of Chartered Financial Analysis of India v.New Horizons Educational Institute Pvt. Ltd
The Institute Of Chartered Financial Analysis of India filed a civil suit against New Horizons Educational Institute Pvt. Ltd, alleging infringement and passing off related to the registered trademark 'CFA'. The plaintiff sought permanent injunctions and damages. Although the court confirmed its jurisdiction under the Commercial Courts Act, 2015, the suit was ultimately dismissed for default due to the plaintiff's counsel failing to provide instructions.
The Society Of Certified Public Acountants v.New Horizons Educational Institute Pvt. Ltd
The Society of Certified Public Accountants filed a civil suit against New Horizons Educational Institute Pvt. Ltd, alleging infringement and passing off related to the plaintiff's registered trademark 'CpA'. The court initially determined that the dispute fell under the jurisdiction of the Commercial Courts Act, 2015, as it involved intellectual property rights relating to trademarks. However, the suit was ultimately dismissed for default because the counsel on record for the plaintiff submitted that they had no instructions from the plaintiff.
B.Vivekananthan v.B.Anandan Trading as Anand's MOONRAKERS RESTAURANT & B.Anandan Trading as Anand's Moonrakers
This Madras High Court case involved a trademark infringement suit filed by B.Vivekananthan against B.Anandan regarding the use of the 'MOONRAKERS' mark in restaurant and hospitality services. The plaintiff sought permanent injunctions for both trademark infringement and passing off, along with delivery up of infringing materials. Ultimately, the parties reached a joint compromise memo on April 30, 2021, which was recorded by the court, leading to a decree based on mutual settlement.
M/s.Geege Paints v.M/s.Agsar Match Industries
The Madras High Court dismissed a writ petition filed by M/s.Geege Paints challenging an order from the Intellectual Property Appellate Board (IPAB). Geege Paints had sought to uphold the validity of its trademark 'STAG' against rectification initiated by M/s.Agsar Match Industries. However, due to the petitioner's failure to appear before the court despite being duly served with notice, the High Court dismissed the petition for non-prosecution.
Global Car Group Pte. Limited & Anr v.Droom Technology Private Limited
The Delhi High Court addressed a dispute over alleged disparagement between Cars24 (Plaintiffs) and Droom Technology (Defendants). Plaintiffs claimed that the defendant's advertising campaign, which used similar catchphrases and visual elements, was designed to denigrate their brand. However, the court found that the defendant had sufficiently modified its advertisement and that the phrase 'DON’T BE A BAKRA' was an integral part of the defendant's registered trademark, not a disparaging reference to the plaintiffs. Consequently, the court allowed the defendant to continue using the revised advertisement during the pendency of the suit.
Tapas Kanti Mandal v.Cosmo Films Ltd.
The petitioner, a former employee of Cosmo Films Ltd., challenged an injunction granted by the trial court restraining him from working in competing businesses after his resignation. The plaintiff company relied on a non-compete clause and confidentiality agreements regarding trade secrets and proprietary knowledge. The High Court ruled that post-service negative restrictive covenants are generally not enforceable, favoring the petitioner's right to profession.
S.Paul Raj v.Tata Consultancy Services Ltd.
The plaintiff filed a civil suit seeking permanent injunction against TCS for infringing his copyright and patent related to the e-Passport (Smartcard) invention, known as 'FLYGUARD' or 'TCS e-Passport Solution'. Despite multiple hearings and court directions, the plaintiff failed to appear or file necessary affidavits, leading to the dismissal of the suit.
S.Paul Raj v.Tata Consultancy Services Ltd.
The plaintiff filed a civil suit seeking permanent injunction against TCS for infringing his copyright and patent related to 'FLYGUARD' (e-Passport/Smartcard). Despite arguments regarding jurisdiction, the court dismissed the suit due to the continuous non-appearance of the plaintiff and his counsel reporting 'No Instructions'.
Apollo Hospitals Enterprise Ltd. v.Naseer Apollo Pharmacy
The Madras High Court ruled in favor of Apollo Hospitals Enterprise Ltd. in a suit alleging trademark infringement and passing off by Naseer Apollo Pharmacy. The court found that the defendant's use of 'Apollo Pharmacy' was deceptive and infringed upon Apollo's registered trademarks across multiple classes, particularly in the pharmaceutical sector. Consequently, the plaintiff was granted permanent injunctions, ordered the surrender of all infringing materials, and directed the defendant to render accounts of profits.
M.Kumaaravel / M/s.Vel Chakra Coffee Private Limited v.Ashok Nagar Madras Coffee House
In a trademark infringement suit filed in the Madras High Court, M.Kumaaravel sought permanent injunction and damages against Ashok Nagar Madras Coffee House for passing off their establishment as similar to 'Madras Coffee House.' However, before the court could rule on the merits of the case, the plaintiffs formally moved to withdraw the suit. The court accepted this request, leading to the dismissal of the civil suit.
Tata Sons Ltd & Anr v.Krishna Kumar & Ors.
The Delhi High Court ruled in favor of Tata Sons Ltd, granting permanent injunctions and awarding substantial damages against the defendants for trademark infringement and passing off. The suit centered on the unauthorized use of the well-known 'TATA' mark and associated domain names (www.tatafinserve.com). Given that the defendants evaded court proceedings, the Court emphasized the principle of corrective justice, holding them liable for punitive damages.