India IP Litigation
7,167 annotated decisions
Page 255 of 299 · 7,167 total
M/s.Ajuba Solutions (India) Private Limited v.Mastech Corporation And 2 Others
M/s.Ajuba Solutions (India) Private Limited filed several applications seeking temporary injunctions against Mastech Corporation and others for alleged infringement of copyright, business interference, defamation, and inducement of clients and employees. The court dismissed all the applications, finding that the plaintiff failed to establish a prima facie case or irreparable loss, noting that damages were already claimed.
Federation Of Industries Of India v.Mr. G. Kesavalu Naidu @ Kesavan
The plaintiffs, representing manufacturers of steel pipes, filed a suit against the defendants who had obtained copyright registrations for drawings of these pipes. The plaintiffs alleged that the defendants were using these registrations to threaten and extract money from them. The court ultimately ruled that no valid copyright subsisted in the mere concept or idea of the pipe drawing.
Alaknanda Cement Private Limited & Raghav Cement v.Ultratech Cement Limited
The Bombay High Court dismissed the appeal filed by Alaknanda Cement and Raghav Cement, upholding the single judge's order granting a temporary injunction to Ultratech Cement Limited. The court found that the defendant's mark, 'ULTRATUFF CEMENT,' was deceptively similar to the plaintiff's registered trademark, 'ULTRATECH CEMENT.' Furthermore, the defendants were deemed not to have approached the court with clean hands due to presenting prima facie fabricated invoices.
Rohit Khattar & Anr. v.Cookie Singh
The Delhi High Court ruled in favor of the plaintiffs, Rohit Khattar & Anr., finding that the defendant's use of 'CHOR BIZZARE' constituted trademark infringement and passing off against their established brand, CHOR BIZARRE. The court noted that despite a mere misspelling, the similarity was sufficient to create confusion among consumers regarding the origin of the restaurant services. Consequently, the plaintiffs were granted permanent injunctions and awarded damages.
Super Cassettes Industries Limited v.Mr Chintamani Rao & Ors.
Super Cassettes Industries Limited and Yashraj Films Private Limited filed suits alleging that India TV (represented by Mr Chintamani Rao & Ors.) had unauthorizedly broadcasted and exploited their copyrighted cinematographic films and sound recordings. The plaintiffs sought permanent injunctions to restrain the defendants from further infringement.
M/s.Cholayil Private Limited v.Uni-Sole Pvt. Ltd.
The Madras High Court dismissed the plaintiff's applications seeking an ad-interim injunction against alleged infringement and passing off. The court found that the defendant's mark, 'Herbal,' was not phonetically similar to the plaintiff's registered trademark, 'Medimix.' Furthermore, despite the plaintiff claiming long usage, the court noted that the artistic work relied upon was only assigned in 2008, undermining the claim of continuous use since 1969. Ultimately, the court concluded there were more dissimilarities than similarities, finding no likelihood of deception among ordinary purchasers.
M/s.Nakoda Dairy (P) Ltd. v.M/s.Kewal Chand Vinod Kumar
Nakoda Dairy (P) Ltd., the registered owner of the trade mark 'NAKODA' for milk products, filed appeals challenging the dismissal of its applications for temporary injunction. The Respondents argued that they were prior and long-term users of the mark since 1978, and that the Plaintiff failed to establish a prima facie case.
Ten Xc Wireless Inc v.Mobi Antenna Technologies (Shenzhen)
Ten Xc Wireless Inc filed two suits seeking permanent injunctions and damages against various defendants, alleging infringement of its registered patent (IN 240893) related to 'Asymmetrical Beams for Spectrum Efficiency' used in Bi-Sector Array Antennas. The core dispute revolves around the use of asymmetric beam patterns in wireless communication systems. Although the plaintiffs sought interim injunctions, the court deferred a decision on costs because the defendants had raised credible challenges regarding the patent's validity, which must be examined during the trial.
Puma Aktiengesellschaft Rudolf Dassler Sport v.Bhatia Time
The Delhi High Court granted interim relief in favor of Puma Aktiengesellschaft Rudolf Dassler Sport against Bhatia Time, who was selling products bearing the disputed 'PUMA' trademark. The court found that a prima facie case for passing off and trademark infringement had been made out by the plaintiff. Consequently, the court issued an immediate injunction restraining the defendant from using the mark and appointed a Local Commissioner to seize all infringing goods, packaging materials, and relevant business records.
Levi Strauss & Company v.Nizami Garments
The Delhi High Court granted interim relief in favor of Levi Strauss & Company against Nizami Garments in a trademark infringement suit. The court found that the plaintiff had made out a prima facie case regarding the deceptive similarity of the defendant's use of 'Levi's' marks on apparel. Consequently, the existing order denying an injunction was set aside, and a Local Commissioner was appointed to seize all infringing goods and relevant business records from the defendant's premises.
Madhu Product v.Sundaram Files
Madhu Product, a manufacturer and seller of stationery goods since 1978, holds a registered trademark 'NANDI'. The petitioner filed a suit seeking perpetual injunction against the respondents for infringement of this trade mark. The writ petitions were filed challenging the trial court's refusal to grant an ex parte ad interim order.
Glaverbel S.A. v.Dave Rose & Ors.
This case involves Glaverbel S.A., which filed a suit alleging infringement of its patented 'Mirox New Generation Ecological Mirrors' (MNGE mirrors). The plaintiff sought permission to introduce an amended version of Patent No. 190380, which had been allowed in a previous related suit. However, the court ruled against this request, emphasizing that while the amendment might be clarificatory, it cannot be relied upon in the current litigation unless formally recorded and notified by the Patent Office, as the pleadings in the present case relate only to the unamended patent.
M/S Marvel Tea Estate India Ltd. v.P.M. Batra (Prop) M/S Gurukripa Traders
The Delhi High Court granted an interim injunction favoring M/S Marvel Tea Estate India Ltd. against P.M. Batra (Prop) M/S Gurukripa Traders, finding that the defendant's use of 'MARVEL TOUCH' was likely to cause confusion and constitute trademark infringement and passing off. The court recognized the extensive goodwill and reputation built by the plaintiff under its registered mark 'MARVEL' in Class-30 goods like tea and spices. This ruling underscores the protection afforded to established brands against deceptively similar marks, even during preliminary proceedings.
Bhole Baba Milk Food Industries Ltd. v.Parul Food Specialities Pvt. Ltd.
The Delhi High Court addressed an appeal concerning the use of the trademark 'KRISHNA' in dairy products. The court ruled that a common word, even if associated with a deity like Lord Krishna (who is linked to milk and butter), cannot be monopolized by a single entity. Furthermore, the court held that when a defendant uses a disputed mark prefixed by other words ('PARUL'S LORD KRISHNA'), confusion regarding the source of goods is unlikely, provided those prefix words are given equal prominence as the core trademark. The appeal was dismissed, affirming the interim relief granted to the respondent.
The Indian Express Limited v.Express Publications Madurai Limited & Ors
The Delhi High Court addressed a trademark infringement suit filed by The Indian Express Limited against Express Publications Madurai Limited. While the plaintiff alleged that the defendants' use of 'The New Indian Express Group' constituted illegal infringement and passing off, the court found no valid ground to grant an injunction. However, to prevent consumer confusion, the court imposed a condition requiring the defendants to append 'Madurai' and their place of publication when using the expression outside the territories permitted by prior agreements.
New Hariom Industries & Anr v.Dandi Salt P. Ltd.
New Hariom Industries challenged the registration of an FIR, alleging that the search warrants were improperly obtained against unknown individuals despite knowing the Petitioners' business presence. The Respondent, Dandi Salt P. Ltd., maintained that the goods were unidentified at a railway yard and that they held valid copyright over their unique packaging/label since 2000. The Delhi High Court dismissed the petition, holding that because the goods were lying unidentified, the search warrants were justified, and furthermore, evidence collected during an illegal search remains admissible in trial.
Carlos Alberto Perez Lafuente v.Union Of India And Ors
This petition challenged the Patent Office's refusal to accept Form 18, a request for examination under the Patents Act, citing that it was filed beyond the prescribed time limit. The core dispute revolved around an apparent conflict between Rule 24B of the Patents Rules and the guidelines set forth by WIPO/PCT regarding the commencement date for calculating the 48-month period. Given the ambiguity and potential impact on other applicants, the High Court found it expedient to remand the matter back to the Controller General of Patents for a reasoned consideration.
M/s.TVS Motor Company Limited v.M/s.Bajaj Auto Limited
TVS Motor Company Limited filed applications seeking permission to reserve its right to lead evidence concerning the invalidity of Bajaj Auto Limited's Patent No.195904, which was central to a suit challenging infringement by the product TVS Flame. The court found that due to the interconnected nature of the facts and issues in both suits, a joint trial was necessary.
Champagne Moet & Chandon v.Union Of India & Ors.
The Delhi High Court upheld the dismissal of Champagne Moet & Chandon's appeal against a trademark registration granted to M/s Moet’s. The court found that despite the similarity in marks, the goods were distinct (Class 33 wines vs Class 29 meat products), making confusion unlikely. Furthermore, the appellant failed to establish sufficient evidence of prior reputation or dishonest intent by the respondent, leading the court to conclude that the opposition was not within acceptable parameters.
Smt K Nirmala Raghava Rao v.N G Subbaraya Setty
This Karnataka High Court judgment addressed a dispute over trademark infringement and royalty recovery related to perfumes. The petitioner sought to stay a subsequent suit, arguing that the issues were identical to an earlier case where the trademark was assigned to a bank. However, the court ruled that the two suits involved distinct legal claims—one concerning injunction/royalty prior to assignment, and the other regarding damages post-termination of the agreement. Consequently, the writ petition seeking a stay was dismissed.
Rainforest CAFÉ, Inc. v.Rain Forest Cafe
The plaintiff, Rainforest CAFÉ Inc., a US-based restaurant chain owner, filed a suit against local defendants for using the identical mark 'RAINFOREST CAFÉ' and its associated logo/tagline in connection with their restaurant business in Delhi. The court found that the defendants were infringing upon the plaintiff's trade marks and copyrights.
Ranbaxy Laboratories Limited v.M/S Intas Pharmaceuticals Ltd.
The Delhi High Court addressed a passing off suit filed by Ranbaxy Laboratories against Intas Pharmaceuticals regarding the alleged similarity between their drug trademarks, 'NIFTRAN' and 'NIFTAS'. While the plaintiff sought an interim injunction, the court did not grant a blanket injunction. Instead, it directed the defendant to maintain complete accounts of sales and profits from the product sold under 'NIFTAS', and imposed specific restrictions on packaging types used by the defendant pending further proceedings.
Respondents/Plaintiffs v.Applicant/Defendant
The plaintiffs filed a suit seeking permanent injunction against the defendant for infringing Indian Patent No.196774 related to the cancer drug EROLTINIB HYDROCHLORIDE (TARCEVA). The defendant subsequently filed an application to revoke the leave granted by the court, arguing lack of jurisdiction. The Court held that since the defendant approached the IPA Board in Chennai with a revocation petition, a part of the cause of action arose within its jurisdiction.
Polydrug Laboratroies P.Ltd v.Controller Of Patents & Ors.
Polydrug Laboratroies P. Ltd appealed against a judgment where its evidence was not taken on record. The appellant argued that the Controller had the power to extend time for filing evidence under Rule 138 of the Patent Rules, 2003. The Supreme Court agreed with this view and set aside the impugned judgment.