India IP Litigation
7,068 annotated decisions
Page 22 of 295 · 7,068 total
Exotic Mile v.Imagine Marketing Pvt Ltd
The Delhi High Court reviewed an interim injunction granted by a Single Judge in a trademark infringement and passing off suit. While the court affirmed the injunction against Exotic Mile's use of certain specified marks, it quashed the restriction on the tag line "UNPLUG YOURSELF" because the original plaintiff had not sought that specific restraint. Furthermore, the court clarified that since the mark GOBOULT was never subject to an injunction, Exotic Mile remains free to use it unless a separate cause of action is filed.
Ms. Drools Pet Food Private Ltd v.Registrar Of Trademarks & Anr.
The Delhi High Court issued procedural directions in the trademark opposition case filed by Ms. Drools Pet Food Private Ltd against the Registrar of Trademarks. Despite ongoing mediation efforts, the court set a timeline for the respondents to file their replies within six weeks, followed by rejoinders. The matter is scheduled for further hearing and completion of pleadings.
Marc Enterprises Pvt. Ltd. v.M/S Marc Salon And Beauty Equipments Pvt. Ltd. & Anr.
The Delhi High Court addressed procedural matters in the trademark dispute between Marc Enterprises Pvt. Ltd. and M/S Marc Salon And Beauty Equipments Pvt. Ltd. The court disposed of an interlocutory application seeking records from the Trademark Registry, noting that the record had been received by the parties. Furthermore, the court set a schedule for both sides to file written submissions on the main case before listing it again in January 2026.
Hardwyn India Limited And Anr v.Rajenndra Engitech Llp
The Delhi High Court addressed the trademark dispute between Hardwyn India Limited and Rajenndra Engitech LLP, focusing on the use of the mark 'HARDVIN' which was deemed deceptively similar to 'HARDWYN'. The court accepted a comprehensive undertaking from the defendant, requiring them to cease using the impugned mark and initiate its withdrawal from the Trademark Registry. Consequently, an ad interim injunction was granted in favor of the plaintiff. Furthermore, recognizing the mutual interest in resolution, both parties were referred to the Delhi High Court Mediation Centre.
Marc Enterprises Pvt. Ltd. v.Marc Sanitation Pvt. Ltd. & Anr.
The Delhi High Court granted the petition filed by Marc Enterprises Pvt. Ltd., directing the rectification of Trademark Registration No. 5849026 held by Marc Sanitation Pvt. Ltd. The court ordered that the goods and service details in Class 11 be amended to specifically reflect 'Bathroom and Sanitary fittings and accessories,' thereby limiting the scope of the trademark registration. This decision allows the petitioner to achieve a more precise definition of the registered goods, aligning with prior agreements.
M/S. Adarsh Pharmaceutical Works v.Rhugved Pharmaceuticals
The Bombay High Court addressed a writ petition filed by M/S. Adarsh Pharmaceutical Works challenging the rejection of its application for a stay of proceedings in a related trademark suit. The petitioner argued that since their own suit regarding the same product was already pending and had an injunction, the subsequent suit filed by Rhugved Pharmaceuticals seeking passing off should be stayed under Section 10 of the CPC. The Court agreed with the petitioner's stance, directing that the District Judge-12, Nagpur, shall not proceed with Trademark Suit No.3 of 2023 in the interim.
Saint Gobain Glass France v.Assistant Controller Of Patents And Designs & Anr.
Saint Gobain Glass France appealed the refusal of its patent application (No. 201717045317), titled 'Material comprising a stack of thin layers', by the Assistant Controller of Patents and Designs. The refusal was based on lack of inventive step and non-patentability under Section 3(d). The High Court upheld the Controller's decision, finding that the claimed invention lacked technical advancement over prior art.
K Arjun Singh And Others v.Gm Modular Pvt. Ltd.
The Delhi High Court allowed the appeal, setting aside an adverse interim injunction that had been granted against the appellants' registered trademarks. The court found the initial finding of infringement to be ex facie impermissible and noted a lack of categorical finding regarding passing off goodwill. Consequently, both parties agreed to have the Commercial Court decide the application under Order XXXIX Rules 1 and 2 of the CPC without being influenced by the previous impugned order.
Niti Milan Pancholi v.M/S Safed Parindey Event Management Llp & Ors.
The Gujarat High Court addressed a petition seeking intervention in an ongoing trademark infringement suit. The petitioner, claiming rights over various trademarks, sought the court's direction to expedite the decision on an injunction application filed before the Commercial Court. While acknowledging the urgency, the High Court directed the lower court to proceed with deciding the interim injunction on the next scheduled date (September 16, 2025). Crucially, the court stipulated that no adjournment would be granted to the defendants, ensuring a swift resolution of the urgent matter.
M/S Esme Consumers Pvt Ltd v.Rikesh Tiwari Trading As All In One Traders & Anr.
The Delhi High Court granted the plaintiff, M/S Esme Consumers Pvt Ltd, interim relief in its suit against Rikesh Tiwari Trading As All In One Traders. The court recognized the strength of the 'BLUE HEAVEN' brand, noting its long history since 1972 and extensive portfolio of registered trademarks and copyrights across various cosmetic product lines. Crucially, the court directed the defendants to immediately take down listings of impugned products on major e-commerce platforms like Meesho and Amazon, affirming the plaintiff's rights against online infringement.
Mr Amit Arora Sole Proprietor M/S Hydro Valves v.The Controller General Of Patents Design and Trade Marks & Ors.
The petitioner filed Rectification Petitions seeking cancellation of three 'MILTON' trademarks registered in Class 21. Respondents raised a preliminary objection regarding the pendency of earlier related rectification petitions before the Trade Marks Registry, Mumbai. The court satisfied this objection after the petitioner undertook to withdraw the relevant pending petitions.
Kamdhenu Steels And Alloys Limited v.Union Of India & Ors.
The Delhi High Court heard a petition challenging an order directing a company to change its name based on alleged resemblance to another entity's brand. The core dispute revolved around whether the application for rectification was filed within the statutory three-year limitation period under Section 16(1)(b) of the Companies Act, 2013. While acknowledging the complexities of IP disputes between related entities, the Court granted a stay on the impugned order pending further arguments, allowing time to resolve the jurisdictional and temporal issues.
Vertex Pharmaceuticals Incorporated v.Deputy Controller Of Patents And Designs and Anr.
The petitioner, Vertex Pharmaceuticals Incorporated, filed an appeal against the Deputy Controller of Patents and Designs. The court addressed a preliminary issue regarding the maintainability of the matter raised by the respondent Controller.
Hitesh Rastogi v.M/S. Adl Orbit Cable (India) Pvt. Ltd.
The Delhi High Court addressed several connected trademark infringement matters involving Hitesh Rastogi and M/S. Adl Orbit Cable (India) Pvt. Ltd. The court noted that the petitioner had filed these petitions without obtaining prior leave from the Civil Court under Section 124 of the Trademarks Act, 1999. Consequently, the matter was listed for a future date, pending the adjudication of the petitioner's application seeking such leave.
Novartis Ag & Anr. v.Novarise Pharmachem Private Limited
The Delhi High Court granted an ad-interim injunction in favor of Novartis against Novarise Pharmachem Private Limited, addressing a trademark infringement dispute. The court found that the Plaintiffs had established a prima facie case regarding their registered trade mark 'NOVARTIS,' noting its extensive use and high goodwill in the pharmaceutical sector. Given the likelihood of consumer confusion between 'NOVARTIS' and 'NOVARISE,' the court restrained the defendant from manufacturing or selling products under the impugned mark until further hearing.
Utolish Ali Amir v.M/S Sumo Digital Incorporation
The Gujarat High Court dismissed an appeal challenging a commercial court's grant of ad-interim injunction. The court upheld the finding that the defendant's trademark was identical and deceptively similar to the plaintiff's registered mark, particularly within the business of electronic weighing scales. The judgment reinforces the rigorous three-test framework (similarity of marks, similarity of goods/services, likelihood of confusion) under the Trade Marks Act, 1999.
Incyte Holdings Corporation v.Metrochem Api Private Limited
The Plaintiffs filed a suit seeking permanent injunction against the Defendant for infringing Indian Patent No. 269841, which covers Ruxolitinib compounds used in JAKAVI tablets. The court passed an order granting various exemptions and appointing Local Commissioners to execute the interim injunction.
Stromag Gmbh v.The Controller General Of Patents Designs And Trade Mark
Stromag Gmbh appealed the rejection of its patent application, 'HYDRAULICALLY ACTUATABLE DISK BRAKE AND AZIMUTH DRIVE', which was denied primarily due to a lack of inventive steps. The appellant argued that the rejection order failed to provide sufficient reasons and violated principles of natural justice. The High Court found the impugned order unsustainable for lacking reasoned analysis, setting it aside and remanding the matter.
Apex Laboratories Pvt.Ltd. v.Sunlife Sciences Private Limited
Apex Laboratories Pvt.Ltd filed a suit against Sunlife Sciences Private Limited alleging multiple infringements, including the use of a deceptively similar trademark (ZIMCOFIT) and copyright violation concerning product labels for their pharmaceutical products. The plaintiff sought permanent injunctions and damages based on both Trademark Act and Copyrights Act provisions. Ultimately, the parties reached an amicable settlement, which was subsequently recorded by the Madras High Court, leading to the decree of the suit.
Novartis AG v.Vachichem International Private Limited
The Plaintiffs, Novartis AG, filed a suit seeking a permanent injunction against Vachichem International Private Limited for infringing their Indian Patent No. 283133 covering Ribociclib. The court passed an order granting various exemptions and directing the appointment of a Local Commissioner to conduct an inventory and obtain accounts related to the alleged infringement.
Ashish Aggarwal v.M/S Racing Promotions Pvt. Ltd.
The plaintiff, engaged in sports activities under his trademarks 'X1' and 'X1 WAR OF X-TREME SPEED', filed a suit against the defendant for infringing these marks. The court found that the defendant was using an identical and deceptively similar mark ('X1') in relation to similar services without permission.
Tractors And Farm Equipment Limited v.Standard Corporation India Limited
Tractors And Farm Equipment Limited filed a suit against Standard Corporation India Limited alleging infringement of its copyright and passing off. The plaintiff asserted ownership over the copyrighted drawings for its popular MF 245 DI tractor model and alleged that the defendant's Standard 348 tractor was an identical copy, either through direct copying or reverse engineering. The defense challenged the originality of the drawings and raised issues regarding the applicability of copyright law versus design registration.
Akums Drugs An Pharmaceuticals Limited v.Medivinc Healthcare Pvt Ltd & Anr.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Akums Drugs against Medivinc Healthcare. The court granted exemptions for various procedural requirements, including pre-institution mediation and advance service to defendants. Crucially, the court allowed the plaintiffs' application for an ex parte ad-interim injunction, directing the appointment of Local Commissioners to secure evidence and prevent further infringement.
Mangalam Organics Ltd v.N Ranga Rao And Sons Pvt Ltd
The Bombay High Court dismissed the Plaintiff's interim application seeking injunction against the Defendant for alleged trademark infringement and passing off. The court found that the Plaintiff failed to establish a prima facie case, noting significant differences in packaging and vending methods between the two products. While rejecting defenses of laches and acquiescence, the judge concluded that the evidence did not sufficiently demonstrate that consumers would be misled into believing the goods were those of the Plaintiff.