India IP Litigation
7,068 annotated decisions
Page 24 of 295 · 7,068 total
Xx And Anr v.Yy
The Delhi High Court registered the suit filed by Xx And Anr against Yy concerning trademark infringement and passing off related to the mark 'HARDWYN'. While a prima facie case was established, the court opted not to grant an immediate ad-interim injunction due to the defendant's existing registration. The court issued notice to the defendant for reply and granted several procedural reliefs to the plaintiffs, including exemption from pre-litigation mediation.
Pstgems Private Limited v.M/S Sonu Motor & Ors.
The Delhi High Court granted interim relief to Pstgems Private Limited in its suit against M/S Sonu Motor & Ors. The court allowed the plaintiff, a health tech company selling nutraceutical products, to proceed with urgent measures despite seeking exemptions from pre-institution mediation and advance service. Crucially, the court appointed Local Commissioners to conduct an inventory of the alleged infringing goods and packaging materials, paving the way for immediate enforcement against suspected trademark and copyright infringement.
M/S Jagran Prakashan Ltd v.Jagran Infra Projects Pvt Ltd & Ors
In this trademark infringement suit, the Delhi High Court addressed multiple applications seeking impleadment of third parties claiming proprietary rights in 'Dainik Jagran'. The court dismissed these applications, finding them not to be necessary or proper parties to the current dispute concerning Defendant No. 1's use of the mark. However, the court clarified that the applicants' claims regarding their ownership rights will remain sub judice and subject to separate proceedings.
M/S Jagran Prakashan Ltd v.Jagran Entertainment Media Pvt Ltd & Anr
The Delhi High Court addressed multiple applications seeking to bring new parties into the ongoing trademark dispute concerning 'Dainik Jagran'. The court dismissed two separate applications for impleadment, finding that the applicants were neither necessary nor proper parties to the suit. Crucially, the court clarified that this dismissal does not prejudice the rights of these applicants in the trademark, which will be determined in related proceedings. Furthermore, Defendant No. 1 was proceeded against ex-parte.
Amgen Inc. v.The Assistant Controller of Patents and Designs
Amgen Inc. appealed an order by the Assistant Controller of Patents which held that claims 1-13 of Patent Application No. 5857/CHENP/2008 were not patentable due to various sections of the Patents Act, 1970. The Madras High Court allowed the appeal, finding that the claimed invention satisfied all requirements for protection and directing that the application proceed to grant.
Pharmacyclics Llc v.Shilpa Medicare Limited
The suit was filed by Pharmacyclics Llc seeking permanent injunction against the infringement of Registered Patent No. 262968 by Shilpa Medicare Limited. The parties subsequently entered into a successful settlement agreement through mediation.
Mankind Pharma Limited v.The Registrar Of Trade Marks
Mankind Pharma Limited appealed the Registrar of Trade Marks' refusal to register its mark PETKIND in Class 5, citing similarity to a prior application 'PETKIND PHARMA'. The Appellant argued that its extensive goodwill and established 'KIND Family of Marks' should prevail. The Court allowed the appeal, setting aside the rejection order.
Chugai Seiyaku Kabushiki Kaisha & Anr v.Anthem Biosciences Limited
The Plaintiffs filed a commercial suit seeking to restrain the Defendant from dealing in products that infringe their patent (IN 294424) related to Alectinib. The court addressed several interlocutory applications, including those for document production and exemption from mediation. In the main application for interim injunction, the Defendant provided an undertaking not to launch infringing products.
Sushil Kumar T/A Da Polo & Anr. v.The Polo/ Lauren Company L.P.
This appeal challenged a lower court's decision that rejected an application to dismiss a suit based on lack of jurisdiction. The respondent, holding registered trademarks like POLO, sued the petitioners (Da Polo) for infringement and passing off related to their use of similar marks online. The Delhi High Court upheld the Commercial Court's order, finding that since both parties were conducting business through interactive websites and e-commerce platforms within the court's jurisdiction, a valid cause of action existed.
Mensa Brand Technologies Private Limited v.Registrar Of Trade Marks
Mensa Brand Technologies Private Limited filed an appeal challenging the Registrar of Trade Marks' refusal to register a trademark application. The core issue revolves around whether a cited mark had been properly assigned to the appellant before the refusal order was issued. The court accepted notice and set procedural timelines for both parties, indicating that the matter is proceeding through the appellate process.
K.Gobinath v.Anugraha Valve Castings Limited
The Madras High Court addressed a Civil Revision Petition challenging the framing of issues in an ongoing trademark infringement suit. The petitioners argued that the court failed to frame an issue regarding the invalidity of the plaintiff's 'Anugraha' trademark registration, which they claimed was based on fraud and common usage. However, the High Court ultimately allowed the petition partly by directing the Commercial Court to frame specific additional issues concerning the validity of the mark.
Cipla Limited v.Union Of India Through Department Of Promotion Of Industry And Internal Trade & Anr
The Delhi High Court ruled in favor of Cipla Limited, directing the Trademark Registry to allow the renewal of its 'TRIEXER' trademark. The core finding was that the Registry failed to serve the mandatory statutory 'O3 notice' required under the Trade Marks Act, 1999. Despite the trademark having lapsed and the petitioner failing to file timely renewals, the court emphasized this procedural lapse by the Respondent, granting Cipla a chance to regularize its mark.
Raaj Unocal Lubricants Limited v.Phillips 66 Company And Anr.
The Calcutta High Court addressed an application seeking the rectification and cancellation of a trademark dispute between Raaj Unocal Lubricants Limited and Phillips 66 Company. The court issued interim directions, requiring both parties to file their respective Affidavits-in-Opposition within three weeks from the judgment date. This procedural step moves the matter forward in the ongoing intellectual property litigation.
Pidilite Industries Ltd. v.Vilas Nemichand Jain
The Bombay High Court allowed Pidilite Industries Ltd. to amend its original suit, which was initially filed for passing off. The plaintiffs sought to introduce claims for trademark infringement after successfully registering their mark during the pendency of the trial. The court ruled that the proviso to Order VI Rule 17 of the CPC would not apply in this case, noting that allowing the amendment would prevent multiplicity of proceedings. This decision allows the suit to evolve and incorporate stronger IP protections.
Officine Maccaferri S. P. A. v.Techfab India Industries Limited
The plaintiffs filed an application seeking an injunction and account of profits against the defendant alleging patent infringement. The court also addressed applications regarding exemption from pre-institution mediation and condonation of delay in filing replies.
Bisleri International Private Limited v.Bisheshwar Mahto
The petitioner, Bisleri International Private Limited, sought interim relief against the respondent for infringing its trademarks and copyrights concerning packaged drinking water. The court granted ad-interim injunctions restraining the defendant from using deceptively similar marks and artwork, and also allowed leave to combine the passing off claim with the infringement suit.
Bisleri International Private Limited v.Priti Rajawat, Sole Proprietor Of M/S ...
Bisleri International Private Limited filed an Interim Application seeking further ad-interim relief against Priti Rajawat for alleged infringement of its trademarks (BRISLERI), copyright in its label/packaging, and design/shape. The court noted that previous interim orders were granted but had not been served on the Defendants. Consequently, the court ordered service of the relevant order before hearing and disposing of the current application.
Bisleri International Private Limited v.Bisheshwar Mahto
The plaintiff, Bisleri International Private Limited, filed an interim application seeking injunctions against the defendant for infringing its trade marks (BISLERI) and copyrights. The court granted ad-interim relief restraining the defendant from using similar marks, artwork, and designs on packaged drinking water products.
Dabur India Limited v.Marico Limited & Anr.
The Delhi High Court permitted Dabur India Limited to amend its trademark cancellation petition against Marico Limited. The amendment corrected an inadvertent error where the petitioner had mistakenly stated that their mark was 'deceptively similar' to the respondent's mark, contrary to their actual legal stand. The court allowed the correction, emphasizing that the change did not alter the cause of action or prejudice the respondent, thereby upholding the principle of rectifying clerical errors in pleadings.
Finesse International Design Pvt. Ltd v.Jaspinder Singh Trading As M/S Studio
The Delhi High Court issued an order in Finesse International Design Pvt. Ltd vs Jaspinder Singh Trading As M/S Studio, registering the civil suit and setting out procedural timelines for pleadings. Crucially, the court disposed of the Plaintiff's interim injunction application based on a specific undertaking by the Defendant, who assured the court that they had removed all infringing listings from their social media platforms and would not infringe the trademarks. The matter is now set to proceed towards trial.
Caterpillar Inc. v.Zhejiang Santian Oil Filter Co. Ltd. & Ors.
Caterpillar Inc. filed a suit against Zhejiang Santian Oil Filter Co. Ltd. alleging infringement of its patented and designed fluid filter systems used in construction and mining machinery. The Delhi High Court granted an ex-parte ad-interim injunction to restrain the Defendants from infringing these rights. Furthermore, the court permitted the appointment of Local Commissioners to inspect premises, seize infringing goods, and take samples for analysis.
Communication Components Antenna Inc v.Ace Technologies Corp. And Ors.
The defendants filed an application seeking the appointment of a scientific expert to determine their alleged infringement of the suit patent. The plaintiff objected, stating that the application was filed after evidence had concluded and the matter was nearing final arguments.
Rajkumar Sabu v.Sabu Trade Private Ltd.
The Madras High Court dismissed a writ petition filed by Rajkumar Sabu challenging the acceptance and subsequent advertisement of the trademark 'SACHAMOTI' in favor of Sabu Trade Private Ltd. The petitioner sought to quash the acceptance report, arguing that the application was based on fabricated documents and should not proceed without hearing him. However, the Court found that the petitioner's interlocutory petition lacked statutory basis and noted that he already had a remedy available through lodging an opposition under the Trademark Act.
YC Electric Vehicle v.Nipun Sanyantra Private Limited
The Delhi High Court granted an ad-interim injunction in favor of YC Electric Vehicle against Nipun Sanyantra Private Limited. The court recognized that the Plaintiff holds rights over its trademarks ('YATRI', 'YC'), copyrights, and design registrations related to electric vehicles. Consequently, the Defendant was restrained from using any deceptively similar marks for manufacturing or selling e-rickshaws and was directed to immediately take down all infringing product listings from social media platforms.