India IP Litigation
7,456 annotated decisions
Page 258 of 311 · 7,456 total
Whirlpool Of India Ltd v.Videocon Industries Ltd
Whirlpool, a manufacturer of washing machines, sued Videocon Industries for infringing its two valid design registrations (Nos. 223833 and 223835) through the 'Videocon Pebble' brand, alleging that the Defendant's product was visually indistinguishable from theirs. The dispute also involved whether infringement or passing off actions could be maintained against a party who held a registered design.
Levi Strauss & Company v.Shree Ganesh Garments
Levi Strauss & Company filed a suit against Shree Ganesh Garments alleging clandestine manufacturing, storing, distributing, and retailing apparel under deceptively similar trademarks to 'Levi's'. The plaintiff claimed ownership of several registered trademarks related to its clothing line. The court found the defendant guilty of blatant trademark infringement and granted comprehensive relief in favor of the plaintiff.
Holland Company Lp & Anr v.S.P. Industries
The plaintiffs filed a suit seeking permanent injunction against the defendant, alleging infringement of their copyright over the industrial drawings and designs of 'Automatic Twist Locks' used by Indian Railways. The defendant contested the claim, arguing that engineering drawings are not artistic works under the Copyright Act and that applying for design registration invalidates any existing copyright.
Drs Logistics (P) Ltd. v.Sandeep Chohan @ Sandeep Kumar & Ors.
The Delhi High Court addressed an application for an ex-parte ad-interim injunction in a trademark infringement suit involving 'Agarwal Packers and Movers Ltd.' The court noted the delay (40-50 days) between when the plaintiff became aware of the alleged misuse and when the suit was filed. Despite citing precedents that allow injunctions despite delay, the judge held that because the delay was relatively short, granting an immediate ex-parte order would cause greater mischief to the defendants than waiting for them to be served notice. Consequently, the court denied the interim injunction and directed proper service of summons.
Tekla Corporation v.Survo Ghosh
The plaintiffs, Tekla Corporation, sued the defendants for unauthorized installation and use of their copyrighted software, Tekla Structures. The defendants raised a defense of 'copyright misuse,' arguing that the plaintiffs' licensing terms were restrictive and anti-competitive. The court rejected this defense, holding that Indian law does not recognize copyright misuse as a valid statutory or equitable defence.
Sandeep Jaidka v.Mukesh Mittal & Anr.
Sandeep Jaidka filed a suit seeking permanent injunction against Mukesh Mittal & Anr. for infringing his registered patent (No. 231895) related to multi-sensory '4D' effects used in cinema halls. The plaintiff alleged that the defendants were willfully using his patented technology, which combines hardware and software to synchronize heating, cooling, and aromatic effects with movie scenes. While the plaintiff asserted infringement, Defendant No. 2 filed a counterclaim challenging the patent's validity based on prior art. The court denied the interim injunction but expedited the trial, setting conditions for the defendants regarding financial disclosures and security deposits.
Diageo Brands B. v.Sh. Sanjay Jain
The plaintiff, Diageo Brands B., filed a suit seeking permanent injunction against the defendants for passing off and dilution of its famous trademark JOHNNIE WALKER. The defendants were manufacturing and selling clothing under the deceptively similar mark 'JOHNY WALKER'.
M/S. Jagdamba Impex v.M/S. Tristar Products Private Ltd.
M/S. Jagdamba Impex filed appeals challenging a trial court order that restrained them from manufacturing combs using a specific Teeth Cutting Machine, claiming the machine infringed upon their copyrighted industrial drawings. The plaintiff asserted that the drawings were original artistic works protected under the Copyright Act, 1957. However, the Delhi High Court set aside the injunction, holding that the suit was misconceived because it deliberately ignored the binding provision of Section 15(2) of the Copyright Act, which dictates when copyright is lost through industrial application.
Triumphant Institute Of Management Education v.Time Coaching/Education & Ors.
The Delhi High Court ruled in favor of Triumphant Institute Of Management Education (TIME) against the defendants for trademark infringement and passing off. The court found that the use of the mark 'TIME' by the defendants was a blatant attempt to ride on TIME's hard-earned goodwill, especially given its extensive reputation in the coaching industry. Consequently, the suit was decreed, granting permanent injunctions, ordering the cancellation of the infringing domain name, and awarding damages.
M/S Manoj Selas And Locks v.The Bihar State Electricity Board
M/S Manoj Selas And Locks challenged an order that blacklisted them for two years and forfeited their Bank Guarantee after they were rejected from a tender. The dispute centered on whether the petitioner possessed a valid design certificate (Design No. 198589) required by the Board, which the Board disputed.
General Electric Co. v.Controller Of Patents Designs
General Electric Co. filed an appeal regarding TMA No. 4 of 1999 before the Calcutta High Court. The petitioner argued that the appeal should be transferred to the Intellectual Property Appellate Board (IPAB) due to amendments in the Trade Mark Act, 1999.
Dolphin Laboratories P. Ltd. v.Deputy Registrar Of Trademark
The Calcutta High Court addressed an appeal filed by Dolphin Laboratories P. Ltd. against the Deputy Registrar of Trademark. The petitioner argued that the appeal should be transferred to the Intellectual Property Appellate Board (IPAB) due to amendments made to the Trade Mark Act, 1999. Consequently, the court recorded the disposal of TMA No. 2195 of 1995.
Sergi Transformer Explosion Prevention Technologies Pvt Ltd v.Kumar Pratap Anil & Ors.
The plaintiff filed a suit seeking permanent injunction and damages for infringing Indian Patent No. 189089 related to transformer explosion prevention technologies. The defendants challenged the maintainability of the suit, arguing that the plaintiff's alleged exclusive license was invalid, back-dated, and unregistered.
Pathiath Babu Rajendran Since Deceased v.Asst. Registrar Of Trade Marks & 2
The appeals challenged the orders of the Intellectual Property Appellate Board (IPAB) which directed the removal of four registered trade marks belonging to the appellant. The appellant argued that it was denied a proper hearing and that the proceedings were improperly handled after transfer under Section 100 of the Trade Marks Act, 1999. The High Court dismissed the appeals, upholding the IPAB's finding that the appellant had waived its right due to deliberate inaction.
Standard Corporation India Ltd. v.Tractors and Farm Equipment Ltd.
The appeal challenged an order that rejected a claim filed by Tractors and Farm Equipment Ltd. against Standard Corporation India Ltd. The suit involved allegations of copyright infringement and passing off related to tractor drawings. The appellant argued the suit was barred because the design had been used more than 50 times without registration under the Designs Act, 1911.
Nike Innovate C.V. v.Lunar Rubbers Private Limited
Nike Innovate C.V. successfully petitioned the Madras High Court to cancel several trademark registrations held by Lunar Rubbers Private Limited, citing non-use. Nike demonstrated extensive use and recognition of its 'LUNAR' technology across various footwear lines in India since 2009. The court found that the petitioner had discharged its initial burden of proving non-use, and despite the onus shifting to the respondent, Lunar failed to provide satisfactory evidence of continuous commercial use during the relevant five-year period. Consequently, the trademarks were ordered removed from the register.
NTT DoCoMo Inc. v.The Assistant Controller of Patents and Designs, The Patent Office; The Controller of Patents, The Patent Office; The Union of India
NTT DoCoMo Inc. challenged the refusal by the Assistant Controller of Patents and Designs to revive its Patent Application No.4851/CHENP/2007. The application was mistakenly withdrawn due to a clerical error committed by the petitioner's erstwhile patent attorneys, who interchanged the numbers of two related applications. The court allowed the petition, holding that the petitioner was an innocent party and should not suffer injustice.
Neo Milk Products Private Limited v.Neo Foods Private Limited
The Delhi High Court upheld an interim injunction favoring Neo Foods Private Limited (the registered trademark owner) against Neo Milk Products Private Limited. The court found that the plaintiff had established a reputation for its registered mark 'NEO' under Class 29, and the defendant's use of the identical mark in relation to milk products was likely to dilute the distinctive character of the original mark. Crucially, the court dismissed the defense of prior use (Section 34) because the appellant failed to provide prima facie evidence of continuous usage predating the plaintiff's registration.
M/s.Shiva Tobacco Company v.Md.Zaheeruddin
The Madras High Court dismissed a review petition filed by M/s. Shiva Tobacco Company challenging the cancellation of their trademark registration (No. 1330146). The petitioner argued that the Intellectual Property Appellate Board (IPAB) overlooked evidence of prior adoption and use dating back to 1962, citing Supreme Court precedents. However, the court found no error apparent on the face of the record, noting that the IPAB had already concluded there was insufficient material to prove continuous user since 1962, thereby upholding the cancellation decision.
Consolidated Contractors International Company S.A.L. v.Consolidated Construction Consortium Ltd & Ors
This case addressed an application filed by Consolidated Contractors alleging wilful disobedience of a court order, specifically regarding the continued use of their logo by the defendants. The plaintiff had sought permanent injunctions for passing off and copyright infringement. The court examined whether the usage was intentional or merely inadvertent, referencing established legal precedents on contempt.
hitkari potteries ltd v.hitkari ceramics private limited
Hitkari Potteries Ltd. sued Hitkari Ceramics Private Limited for infringement and passing off, alleging unauthorized use of the trademark 'HITKARI' in the defendant’s trading style, domain name (www.hitkariceramics.com), and business related to bone china crockery products, despite the plaintiff having established a long-standing reputation and significant investment in the mark.
Cargill India Pvt. Ltd. v.Quality Agro Mills Pvt. Ltd.
The Delhi High Court ruled in favor of Cargill India Pvt. Ltd., confirming the permanent injunction against Quality Agro Mills Pvt. Ltd. for trademark infringement and passing off. The court found that the defendant was illegally using a deceptively similar mark, thereby capitalizing on the goodwill established by 'Nature Fresh.' Furthermore, due to the defendant's deliberate evasion of court proceedings, the plaintiff was awarded damages amounting to Rs. 5.0 lacs.
Venkatraman Das v.M/s.Vns Innovations Pvt. Limited
This civil suit was filed by Venkatraman Das seeking permanent injunction against M/s.Vns Innovations Pvt. Limited for allegedly infringing his registered patent on a 'Disposable Armpit Perspiration Pad' (Patent No. 181248). The defendants challenged the validity of the patent, arguing that the product was old and lacked novelty or inventive step. After examining the prior art, the court found that the plaintiff failed to demonstrate any genuine innovation over existing knowledge. Consequently, the suit for infringement and rendition of accounts was dismissed.
Groupon, Inc. v.Mohan Rao And Another
The Delhi High Court ruled in favor of Groupon, Inc., granting an injunction against Mohan Rao and others for passing off the trademark 'GROUPON'. The court emphasized that priority is determined by earlier use rather than mere registration date when a suit for passing off is filed. Given Groupon's extensive international goodwill and prior usage since 2002, the defendants were restrained from using the mark or any deceptively similar variations.