India IP Litigation
7,167 annotated decisions
Page 24 of 299 · 7,167 total
Asian Paints Limited v.Galaxy Paints Private Limited
The Bombay High Court granted Asian Paints Limited leave to combine its claims for trademark/copyright infringement with passing off against Galaxy Paints Private Limited. The court found that the plaintiff had made out a prima facie case of passing off, noting the deceptive similarity between the 'TRACTOR SHYNE' and 'MAGIC TOUCH' trade dresses. Furthermore, the Court issued an interim injunction restraining the defendant from manufacturing or selling products using similar branding until the suit is finally disposed of.
Ms. Niti Milan Pancholi v.M/S. Safed Parindey Event Management LLP and Ors.
The Gujarat High Court dismissed the appeal filed by Ms. Niti Milan Pancholi, upholding the Commercial Court's rejection of her request for an interim injunction. The court found that Ms. Pancholi failed to establish a prima facie case regarding her proprietary rights over the trademarks "Safedishq" and "SafedParindey." Crucially, the judgment highlighted that while she was associated with 'the Sheri Affair,' ownership lay with another entity, Loop Events & Entertainment, making her claim of prior usage unsubstantiated at this stage. The ruling emphasizes that mere association is insufficient to secure injunctive relief without concrete proof of proprietary rights.
Grasim Industries Limited And Anr. v.Omni Cement Private Limited And Anr.
The Delhi High Court issued a comprehensive order in the trademark infringement suit filed by Grasim Industries Limited against Omni Cement Private Limited. The court granted several procedural reliefs, including exemption from pre-institution mediation and permission to file additional pleadings. Crucially, the court directed a Local Commissioner to execute an inventory of goods, seize infringing stock under superdari, and ensure compliance with interim injunction procedures, setting the stage for the substantive dispute over the 'ULTRATECH' trademark.
Kowa Company Ltd v.The Controller Of Patents & Anr.
Kowa Company Ltd filed an appeal under Section 117A of the Patents Act, 1970, challenging an order issued by The Controller of Patents & Anr. on May 14, 2025, concerning Patent Application No. 201717010446.
Mather And Co Pvt Ltd v.Union Of India Through The Secretary, Ministry of Corporate Affairs & Ors.
Mather And Co Pvt Ltd filed a petition in the Delhi High Court seeking to enforce its registered trademark 'Mather' against entities registering deceptively similar corporate names. The petitioner argued that the Ministry of Corporate Affairs (MCA) was failing in its duty to prevent serial infringement of their well-known brand name, which has been used since 1944. While the respondents initially raised a challenge regarding territorial jurisdiction, the court ordered notice to all parties and scheduled further hearings to examine the maintainability and merits of the trademark enforcement claim.
Aries Agro Limited & Anr. v.Indiamart Intermesh Limited & Ors.
The Delhi High Court issued several procedural orders in the trademark infringement suit filed by Aries Agro Limited against Indiamart Intermesh Limited. The court granted exemptions from mandatory pre-litigation mediation and advanced service, recognizing the urgent need for interim relief to prevent the suppression of infringing business operations. Furthermore, the court formally registered the plaint as a suit and set out detailed procedural timelines for filing written statements and replication, while also permitting the Plaintiffs to introduce additional documents.
Parth Formulation Pvt Ltd v.Paam Biotech Private Limited
In a passing-off dispute concerning pharmaceutical packaging, the Delhi High Court found prima facie that the defendants' packaging was deceptively similar to the plaintiff's. While the court noted the parties were open to settlement, it directed Paam Biotech to change its packaging color away from red and mandated Parth Formulation to submit sales data for the past three years.
Upl Limited v.Union Of India & Ors.
Upl Limited challenged an order rejecting its patent application, arguing that the rejection was based on lack of novelty/inventive step and violated principles of natural justice because expert evidence was ignored. The petitioner contended that the combination offered unexpected advantages in crop yield by controlling fungal diseases. The High Court found a serious infirmity in the impugned order due to procedural lapses and set it aside, remanding the matter for fresh consideration.
Novartis Ag v.Controller Of Patents And Designs & Anr.
Novartis Ag challenged the Controller's orders that deferred and then reserved decisions regarding post-grant opposition proceedings, specifically concerning a request for cross-examination of the opponent's experts in relation to Patent IN'518. The court dismissed the writ petitions, finding no merit in the Petitioner's plea and noting that the Petitioner had waived their right to cross-examine by conscious election.
Base Se v.Deputy Controller Of Patents And Designs
The appeal challenged the Deputy Controller's order rejecting parts of the 'Pesticidal Mixture' patent application. The appellant argued that the rejection violated natural justice and misinterpreted Section 3(h) of the Act. The High Court set aside the impugned order, holding that a partial grant is untenable as it undermines the principle of unity of invention.
M/s.Darshan International v.Deputy Registrar of Trade Marks & Gi
The Madras High Court ruled in favor of M/s. Darshan International, allowing them to proceed with their trademark registration for 'Darshan Incense.' The court addressed the issue of non-receipt of the notice of opposition by the petitioner, which led to the abandonment of their application. Citing a similar precedent, the High Court directed the Deputy Registrar of Trade Marks to restore the application and permit the petitioner to file a counter statement, ensuring they receive a fair opportunity to defend their mark.
Dominos Ip Holder Llc & Anr v.Mr. Jaideep Singh Gusain & Ors
The Delhi High Court granted an ad-interim injunction in favor of Dominos Ip Holder Llc, restraining certain online entities (Defendants 9 and 10) from using marks deceptively similar to 'Domino's Pizza'. Furthermore, the court directed major aggregators, Zomato and Swiggy, to immediately take down specific listings containing infringing variations. This order establishes a strong preliminary stance against trademark infringement in the digital marketplace, while simultaneously setting out procedural steps for the full trial.
Sanjeev Juneja & Ors. v.Haridwar International Ayurveda & Ors.
In a suit concerning the alleged infringement of its trademark and copyright, Sanjeev Juneja & Ors. successfully secured an ex-parte ad-interim injunction from the Delhi High Court. The court also permitted the appointment of a Local Commissioner to inspect and potentially seize infringing stock bearing the 'PET SAFFA' mark. This order allows the plaintiffs to proceed urgently with their infringement claims while setting out procedural timelines for filing pleadings.
Largan Precision Co., Ltd v.Honor Device Co., Ltd & Anr.
The Plaintiff filed suit alleging that the Defendants were infringing their Indian Patents (Suit Patents) through the sale and distribution of the Honor 200 series smartphones. The court found a prima facie case of infringement, considering test analyses and tear down reports.
3Sk Innovations Private Ltd v.Equitas Small Finance Bank Ltd Esfbl
The parties appeared before the Delhi High Court for case management proceedings. The court framed several issues concerning territorial jurisdiction, patent infringement, ownership rights, and the validity/revocation of two specific patents (IN'627 and IN'730). Furthermore, the Confidentiality Club was constituted to manage the exchange of sealed data between the parties.
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.