India IP Litigation

7,068 annotated decisions

7,068
Decisions
4
IP Types
10
Courts

Page 223 of 295 · 7,068 total

trademark plaintiff favorable · Feb 28, 2018

M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Thalappakattu Briyani Fast Food and Indian Chinese Thandoori

Madras High Court · C.S.No.524 of 2009

The Madras High Court granted a permanent injunction in favor of M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Thalappakattu Briyani Fast Food and Indian Chinese Thandoori. The suit, which was initially filed for passing off, resulted in a summary judgment decreeing the plaintiff's claim for injunctive relief. This decision protects the established goodwill of the plaintiff's 'Thalappakatti Biriyani Hotel' brand against deceptive use by the defendant.

trademark dismissed · Feb 28, 2018

M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.TKB Thalappakattu Briyani & Fast Food

Madras High Court · C.S.No.509 of 2009

The Madras High Court dismissed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against TKB Thalappakattu Briyani & Fast Food. The original suit sought permanent injunction and damages for passing off, alleging that the defendant was deceptively using similar trade marks and trading styles. However, the plaintiff subsequently instructed their counsel to withdraw the case, leading to its dismissal without costs.

trademark dismissed · Feb 28, 2018

M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Thalappakattu Biriyani, Chicken, Mutton and Fast Food

Madras High Court · C.S.No.511 of 2009

The Madras High Court dismissed a trademark infringement suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Thalappakattu Biriyani, Chicken, Mutton and Fast Food. The plaintiff had sought permanent injunctions and damages for passing off their trade mark 'Thalappakatti Biriyani Hotel.' However, the court accepted the plaintiff's request to withdraw the suit, leading to its dismissal without costs.

trademark dismissed · Feb 28, 2018

M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Thiru A.Aboobacker

Madras High Court · C.S.No.531 of 2009

The Madras High Court dismissed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Thiru A.Aboobacker. The original suit sought permanent injunction and damages for passing off the plaintiff's trade mark 'Thalappakatti Biriyani Hotel.' However, the court accepted the plaintiff's request to withdraw the case, leading to its dismissal without costs.

trademark dismissed · Feb 28, 2018

M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Thalappakattu Briyani & Fast Food

Madras High Court · C.S.No.519 of 2009

The Madras High Court dismissed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Thalappakattu Briyani & Fast Food. The original suit sought permanent injunction and damages for passing off the plaintiff's trade mark, 'Thalappakatti Biriyani Hotel.' However, the court accepted the plaintiff's request to withdraw the case, leading to its dismissal without costs.

trademark dismissed · Feb 28, 2018

M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Bismi Thalappakattu Briyani

Madras High Court · C.S.No.510 of 2009

The Madras High Court addressed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Bismi Thalappakattu Briyani, which sought permanent injunction and damages for passing off the 'Thalappakatti Biriyani' trade mark. However, before any substantive arguments were heard, the plaintiff withdrew the suit upon instruction from their client. Consequently, the court dismissed the case as withdrawn.

trademark dismissed · Feb 28, 2018

M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.New Thalappakattu Briyani & Fast Food Corner

Madras High Court · C.S.No.506 of 2009

The Madras High Court dismissed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against New Thalappakattu Briyani & Fast Food Corner. The original suit sought permanent injunction and damages for passing off, alleging deceptive similarity in their respective trade marks and trading styles related to biryani products. However, the plaintiff subsequently instructed their counsel to withdraw the case, leading to its dismissal by the court.

patent defendant favorable · Feb 22, 2018

M/s.Lyca Productions v.J.Manimaran

Madras High Court · O.S.A.No.63 of 2018

M/s. Lyca Productions filed an appeal seeking an injunction against J. Manimaran (and others) for allegedly infringing on their film title 'KARU', which they claimed to have registered with a Film Producers Guild in 2011. The core dispute revolved around whether this guild registration conferred exclusive rights over the title, especially when the opposing party had also invested heavily and was readying its release. The Madras High Court ultimately allowed the appeal, ruling that such guild registration does not grant exclusive use of the title without statutory backing.

patent plaintiff favorable · Feb 21, 2018

Upl Limited v.Pradeep Sharma & Anr

Delhi High Court · CS(COMM) 556/2017

Upl Limited filed a suit claiming infringement of three patents related to a stable synergistic herbicidal composition (Sulfosulfuron + Metsulfuron Methyl WG). The defendants challenged the validity of these patents. The court found that the plaintiff had made out a strong prima facie case and granted an interim injunction.

patent dismissed · Feb 20, 2018

M/s.Power Soaps Limited v.M/s. C M Detergent

Madras High Court · C.S.No.534 of 2010

M/s. Power Soaps Limited filed a suit against M/s. C M Detergent alleging infringement of its registered trademarks ('DK' and 'POWER') and copyright violation concerning the use of deceptively similar marks on detergent wrappers. The plaintiff sought perpetual injunctions, destruction of infringing materials, and accounts of profits. However, the plaintiff subsequently instructed their counsel to withdraw the suit, leading the court to dismiss the case.

design defendant favorable · Feb 20, 2018

Kalpesh R Jain And 2 Ors v.Mandev Tubes Private Limited

Bombay High Court · Commercial Appeal No. 133 of 2017

Mandev Tubes Pvt. Ltd. filed a commercial suit alleging that Hariom Metals & Tubes (the appellants) infringed its registered design for copper tubes, specifically claiming imitation of the unique bell-shaped ending. The plaintiff asserted substantial goodwill and market presence under trademarks like 'MT ECO SELF CONNECT'. However, the Bombay High Court dismissed the appeal filed by the defendants, upholding the single judge's finding that the plaintiff had demonstrated a prima facie case of infringement and passing off.

trademark plaintiff favorable · Feb 19, 2018

Sun Pharma Laboratories Ltd v.Lupin Ltd & Anr

Delhi High Court · CS(COMM) 918/2016

The Delhi High Court confirmed an interim injunction in favor of Sun Pharma Laboratories Ltd against Lupin Ltd and others. The court found that the defendant's trade mark, TRI-VOBIT, was structurally and phonetically similar to the plaintiff’s registered mark, TRIVOLIB. Despite arguments regarding prior use of 'VOBIT,' the court ruled that the full marks must be compared, establishing a prima facie case for trademark infringement and passing off.

patent defendant favorable · Feb 16, 2018

Sphaera Pharma, Pte. Ltd And Anr. v.Union Of India And Anr.

Delhi High Court · W.P.(C) 1469/2018

The petitioner filed a petition seeking directions to restore its Indian Patent Application (No. 3584/DELNP/2015) for examination, which had been treated as abandoned due to failure to file the request within the prescribed time limit. The court examined the mandatory nature of the statutory deadlines and ruled against the petitioner's plea for restoration.

copyright plaintiff favorable · Feb 14, 2018

Brihan Karan Sugar Syndicate Private Limited v.Karmaveer Shankarrao Kale Shahakari Sakhar Karkhana Limited

Bombay High Court · Appeal from Order No. 5 of 2018

This appeal before the Bombay High Court challenged a trial court order that restrained the appellants from using the artistic label 'Military Santra' for selling country liquor. The appellants argued that the respondent-plaintiff had prior knowledge of the label since 2005 and was therefore acquiescent, invalidating the injunction. Furthermore, they contended that their own usage since 1975 established their copyright in the artwork. The High Court allowed the appeal, setting aside the restrictive order and directing the trial court to expedite the disposal of the main Copyright Suit.

trademark settled · Feb 14, 2018

Aquapump Industries & Aquasub Engineering v.Texmo Industries

Madras High Court · C.S.No.231 of 1999

This Madras High Court judgment records a settlement reached between Aquapump Industries, Aquasub Engineering (Plaintiffs), and Texmo Industries (Defendant) regarding trademark infringement. The original suit sought permanent injunctions against the unauthorized use of the 'TEXMO' mark on various pump products and claimed damages/accounts of profits. Both parties successfully mediated their dispute, leading the court to decree the suit based on the terms of the Mediation Agreement dated February 21, 2017.

trademark dismissed · Feb 14, 2018

M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Thalappakattu Briyani

Madras High Court · C.S.No.517 of 2009

The Madras High Court addressed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Thalappakattu Briyani, which sought permanent injunction and damages for passing off the plaintiff's trade mark. However, before any substantive hearing on the merits of the infringement claim could take place, the plaintiff chose to withdraw the suit. Consequently, the court dismissed the case as withdrawn.

trademark defendant favorable · Feb 12, 2018

Mohammed Mohideen (representing M/s.Kalanjiyam Cut Piece) v.M/S.New Kalanjiyam Readymade

Madras High Court · O.A.Nos.426 & 427 of 2015 in C.S.No.325 of 2015

The Madras High Court dismissed the interim injunction applications filed by M/s.Kalanjiyam Cut Piece against M/S.New Kalanjiyam Readymade, despite allegations of trademark infringement and passing off. The court noted a significant delay in filing the suit after receiving cease and desist notices from the defendant. Consequently, the judge found it inappropriate to grant an interim injunction at that stage, allowing the main suit to proceed for trial.

design defendant favorable · Feb 8, 2018

M/s Crocs Inc.Usa v.M/s Liberty Shoes Ltd.

Delhi High Court · CS (COMM) No. 772/2016 and connected cases

The plaintiff, M/s Crocs Inc.Usa, filed suits seeking permanent injunction against various defendants for infringing its registered designs (Nos. 197685 and 197686) related to footwear. The court heard and disposed of the interim injunction applications in favor of the defendants.

trademark settled · Feb 8, 2018

K.Ganesh Nadar / M/s. Bharathi Consumer Care Products Pvt.Ltd. v.M/s. Bharathi Consumer Care Products Pvt.Ltd. / K.Ganesh Nadar

Madras High Court · C.S.No.534 of 2015 & C.S.No.915 of 2016

This Madras High Court judgment addresses two cross-suits concerning trademark infringement, passing off, and groundless threats related to the brand 'XTRA' in the FMCG sector. The court noted that the dispute was referred to mediation, which proved fruitful. Consequently, a common decree was passed based on a memo of compromise dated 17.02.2017. Under this agreement, the defendant committed to stopping the use of the infringing label and adopting an amended version moving forward.

trademark plaintiff favorable · Feb 5, 2018

M/S. Aero Club v.Mr. Sahibjeet & Anr.

Delhi High Court · CS(COMM) 662/2017

M/S. Aero Club filed a suit alleging that Mr. Sahibjeet and others were selling counterfeit products bearing its trademarks, including WOODLAND, TREE DEVICE, and Woodland Label. The plaintiff claimed extensive use of these marks for over 25 years in manufacturing footwear and apparel. After the defendants failed to enter an appearance or file a written statement, the court found they had no real prospect of defending the claim.

trademark settled · Feb 5, 2018

M/S.Unisept Nourishments Private Limited v.M/S.KTC Ventures

Madras High Court · C.S.No.650 of 2017 and O.A.No.799 of 2017 and A.No.8402 of 2017

This Madras High Court judgment records a compromise settlement between M/S.Unisept Nourishments Private Limited and M/S.KTC Ventures regarding trademark infringement of 'LASSI HOUSE'. The parties agreed to drop the suit in exchange for specific terms, including a permanent injunction against passing off, payment of Rs. 1 lakh by the defendant, and mandatory changes to the defendant's branding (displaying 'KTC VENTURES' below 'Lassi House').

patent remanded · Jan 29, 2018

Unilin Beheer B.V. v.Balaji Action Buildwell

Delhi High Court · CS(COMM) 1683/2016

The dispute involved a suit for patent infringement filed by Unilin Beheer B.V. against Balaji Action Buildwell. The defendant sought a stay of proceedings, arguing that they had initiated revocation proceedings before the IPAB under Section 64 of the Patents Act, 1970. The court addressed the issue of concurrent jurisdiction and granted liberty to the defendant to withdraw the IPAB proceedings and file a Counter-Claim in the suit.

trademark plaintiff favorable · Jan 25, 2018

M/s.N.Ranga Rao & Sons Private Limited v.M/s.Balarama'S Incense Pvt. Ltd.

Madras High Court · C.S.No.361 of 2000

The Madras High Court ruled in favor of M/s.N.Ranga Rao & Sons Private Limited, finding that the defendant's use of the mark 'WOOD' constituted both trademark infringement and passing off against the plaintiff's registered word mark 'WOODS'. The court affirmed that since both marks were used for identical goods (incense sticks) within the same trade channel, deception was inevitable. Consequently, the suit was decreed, granting permanent injunctions, ordering the surrender of infringing stock, and directing the defendant to render accounts.

patent mixed · Jan 24, 2018

Lens. Com, Inc. v.Ju J Friend International

Delhi High Court · OMP(COMM) 223/2016

The Delhi High Court reviewed an arbitration award concerning a domain name dispute under NIXI's INDRP. The court struck down the arbitrary direction to confiscate the disputed domain name, ruling that such power was outside the scope of the policy. However, the court clarified that merely cancelling the registration does not automatically grant ownership to the petitioner; the complainant must independently prove their rights in the generic term 'lens'.