India IP Litigation
7,456 annotated decisions
Page 26 of 311 · 7,456 total
Neon Laboratories Limited v.Vishal Subhash Versus Parekar Syndicate Pharma
The Bombay High Court confirmed the existing ad-interim injunction regarding trademark 'NEON' infringement, finding that the rival mark was identical. Furthermore, the court granted interim relief concerning passing off, noting a strong prima facie case that the products were counterfeit and caused misrepresentation. The court also allowed the petitioner's leave petition to combine the causes of action for trademark infringement and passing off.
Ohr Laboratory Corporation v.Gasion Airtech Private Limited & Ors
The Delhi High Court granted an ad interim injunction in favor of Ohr Laboratory Corporation against Gasion Airtech Private Limited & Ors. The court found that the Plaintiff had made out a prima facie case, irreparable harm would result without intervention, and the balance of convenience favored the Plaintiff. Defendants are now restrained from using the 'OHR' mark or similar names/model numbers, as well as from reproducing copyrighted brochure elements.
S Birpal Singh v.Pawandeep Singh Walia Trading As Pawandeep Singh and Company & Ors.
The Delhi High Court addressed a preliminary objection raised by the respondent regarding the procedural form of a petition seeking cancellation of four registered trademarks (AKALI PATRIKA). The respondent argued that Section 57 of the Trade Marks Act requires separate petitions for each mark. The petitioner countered, offering to deposit additional court fees or file multiple petitions. The Court found the petitioner's suggestions reasonable and directed the respondent to take instructions before listing the matter again.
Haryana Pesticide Manufacturers Association v.The Controller Of Patents And Design & Anr.
The petitioner filed a writ petition challenging an impugned order regarding Patent application no. 201621004267. The petitioner asserted that mandatory procedures under Section 25(1) were not followed and the certificate of grant had not been issued despite filing a pre-grant opposition.
Dabur India Limited v.Wellford Pharmaceutical Private Limited & Anr.
The Delhi High Court granted a stay on the registration of 'WELLFORD PUDIN HARA' (Registration No. 5509160) in favor of Dabur India Limited, who challenged the mark's validity. Dabur successfully established a prima facie case based on its long-standing use and reputation of the core mark 'PUDIN HARA' since 1930. The court found that the Impugned Mark completely subsumes the Petitioner's mark, creating an irrefutable likelihood of confusion and deception in the market.
M/S Loreal v.M/S Loren Beautifiers Pvt Ltd And Others
The Calcutta High Court allowed an application filed by M/S Loreal seeking the cancellation of the mark 'LOREN BORORICH.' The sole ground for the petition was non-use, as the respondent failed to demonstrate any bona fide use of the trademark in relation to Class 3 goods for the statutory period. Given the uncontroverted allegation of non-use and the respondent's failure to provide evidence, the court directed that the impugned mark be removed from the register.
M/S. Loreal v.Loren Beautifiers Pvt. Ltd.
The Calcutta High Court allowed an application filed by M/S. Loreal seeking the cancellation of the mark "LOREN HAIR OIL" registered in Class 3. The sole ground for cancellation was non-use, as the respondent failed to demonstrate bona fide use of the trademark for the statutory period. Given the uncontroverted allegation of non-use, the Court directed that the impugned mark be removed/rectified from the register, reinforcing the importance of continuous commercial activity in maintaining trademark rights.
Pidilite Industries Limited v.Rameshwar Prasad & Ors.
The Delhi High Court addressed several procedural applications in the trademark infringement suit filed by Pidilite Industries Limited. The court condoned delays in filing replications for certain defendants. Crucially, while some parties proceeded toward trial, other defendants (18, 19, 20, and 21) were referred to the Delhi High Court Mediation Centre, reflecting a judicial push towards alternative dispute resolution in complex IP litigation.
M/S L Oreal v.M/S Loren Beautifiers Pvt Ltd And Ors
The Calcutta High Court allowed an application filed by M/S L Oreal seeking the cancellation of a similar mark, 'LOREN BOROHERB,' registered in Class 3. The sole ground for cancellation was non-use, as the respondent failed to demonstrate bona fide use of the trademark for the statutory period. Given the uncontroverted evidence of non-use, the Court directed that the impugned registration be removed from the register, reinforcing the importance of active commercial use for maintaining a trademark.
Marico Limited v.Minolta Natural Care
The Bombay High Court addressed an interim application in a commercial IP suit filed by Marico Limited against Minolta Natural Care. The court noted that the plaintiff had presented a strong prima facie case for infringement covering trademark, copyright, design, and artistic work based on rival products. While the defendant sought time to explore an amicable settlement, the court granted a short adjournment but made it clear that if no resolution is reached by the next date, the interim application will proceed to final hearing.
Asustek Computer Inc & Anr. v.Nokia Technologies Oy & Anr.
Asustek Computer Inc filed petitions seeking the revocation or removal of Indian Patents Nos. 356246 and 397206 from the Register of Patents. The court noted that these patents are part of Respondent No. 1's H.265/HEVC patent portfolio, and accordingly listed the petitions for further hearing.
S Chand And Company Ltd v.Kaushal Kumar And Ors
The Delhi High Court addressed several applications in the copyright and trademark infringement suit filed by S Chand And Company Ltd against various booksellers and e-commerce platforms. The court granted the plaintiff exemption from pre-litigation mediation, recognizing the urgency of interim relief. Crucially, the court issued an ad interim injunction directing Defendant No. 5 (Flipkart) to immediately take down listings of counterfeit books infringing on S Chand's registered trademarks and copyrighted works. Furthermore, the court provided procedural directions for serving summons and verifying the addresses of the various defendants.
Sporta Technologies Pvt. Ltd. v.Ankit Chaudhary Alias Ankit Sheoran
The Delhi High Court addressed several applications in a trademark infringement suit concerning 'Dream 11'. The court allowed the plaintiffs to implead NameCheap, Inc. and the unknown domain registrant as new defendants, recognizing the need to pursue those controlling the infringing domain 'dreamtips11.com'. Furthermore, the existing interim injunctions were extended and reinforced against these newly added parties, mandating them to cease trademark misuse and disclose relevant KYC details.
Frankfinn Aviation Services (Pvt.) Ltd. v.M/S Fly High Institute & Ors.
The Delhi High Court granted an ex parte ad interim injunction in favor of Frankfinn Aviation Services against M/S Fly High Institute & Ors. The court found that the Defendant's use of marks like 'FLY HIGH INSTITUTE' was deceptively similar to the Plaintiff's registered trademark 'FLY HIGH'. Given the high reputation and goodwill associated with the Plaintiff's mark, the court held that immediate restraint was necessary to prevent irreparable harm from infringement and passing off.
Ja Sterile Pvt Ltd v.The Registrar Of Trademarks, Trademarks Registry & Anr.
The Delhi High Court addressed procedural matters in the appeal filed by Ja Sterile Pvt Ltd against the Registrar of Trademarks. The court disposed of an application seeking exemption from filing certain documents, directing that certified copies of illegible materials be submitted within four weeks. The main appeal petition, challenging a prior order by the Trademark Registrar, was subsequently listed for further hearing on January 15, 2026.
Capital Foods Private Limited v.Sankalp Recreation Private Limited & Anr.
The Delhi High Court granted an ad-interim injunction in favor of Capital Foods Private Limited against Sankalp Recreation Private Limited and others. The court found that the defendants' use of deceptively similar marks, such as 'SCHEZUAN CHUTNEY', infringed upon the plaintiff's registered trademark 'SCHEZWAN CHUTNEY'. Given that the products are edible goods, the Court adopted a stringent approach to prevent consumer confusion and potential health risks. The injunction restrains the defendants from using any identical or similar marks until further proceedings.
T T Krishnamachari And Co. v.Commissioner of GST and Central Excise
The appellant, T.T. Krishnamachari & Co., challenged demands raised by the Department regarding service tax on royalty income received for allowing group companies to use their registered logo 'TTK'. The dispute centered on whether this usage constituted a taxable Intellectual Property Right (IPR) service or was exempt under copyright law.
T T Krishnamachari And Co. v.Commissioner of GST and Central Excise
The appellant firm, dealing in consumer durables and healthcare products, was assessed service tax on royalty income received for allowing its group companies to use its 'TTK' logo. The appellant argued that since the logo is registered as an artistic work under the Copyright Act, 1957, it qualifies for exemption. The Tribunal allowed the appeal, finding that the demand was unsustainable and citing relevant exemptions and prior judicial decisions.
Harley-Davidson Motor Company, Inc. v.Mr. Hari Kishan Pippal And Anr.
The Delhi High Court granted several procedural reliefs in favor of Harley-Davidson Motor Company, Inc. in its trademark infringement suit against Mr. Hari Kishan Pippal and others. The court exempted the plaintiff from mandatory pre-institution mediation due to the urgent nature of the matter. Furthermore, recognizing the risk of defendants concealing infringing operations, the court allowed an exemption from advance service, permitting the immediate filing of an ex-parte ad-interim injunction application and the appointment of a Local Commissioner for inspection of goods.
Parul Ruparelia And Anr v.Camme Wang And Anr
The Calcutta High Court dismissed the petitioners' interim relief application in a trademark infringement suit concerning the mark 'PL SUPREME'. The court found that the respondents, who are Chinese manufacturers, had prior use of the mark since 2014. Furthermore, the court heavily scrutinized the petitioners' conduct, finding prima facie evidence of underinvoicing and financial irregularities, which led to the dismissal of their claims based on principles of 'clean hands.'
Ykk Corporation v.Kc Sapra & Ors.
In a significant settlement order, the Delhi High Court decreed the suit in favor of Ykk Corporation against Defendant No. 3 based on an amicable agreement reached during litigation. The defendant admitted to the plaintiff's trademark and trade dress rights (including 'YKK'), agreed not to use deceptively similar marks or counterfeit goods, and committed to handing over seized infringing products. Furthermore, the settlement included a payment of damages/costs by the defendant and established strict compliance mechanisms, including future audits.
Guru Soya Foods Pvt. Limited v.The Registrar Of Trade Marks
The Delhi High Court ruled in favor of Guru Soya Foods Pvt. Limited, directing The Registrar of Trade Marks to renew the trademark 'CRISPRO'. The court found that the failure to send the mandatory renewal notice (FORM RG-3) to the Petitioner's updated address constituted a violation of statutory rules. Consequently, the court condoned the delay and mandated the timely completion of the renewal process.
Danone And Pacific Holdings Pte Ltd v.Alvo Life Sciences And Ors & Ors
The Delhi High Court addressed a complex trademark infringement suit involving Danone And Pacific Holdings and Alvo Life Sciences. The court formally decreed the suit against defendants 1 through 7 based on a previously executed Memorandum of Compromise, which included payments and undertakings to cease infringing use. Furthermore, the court accepted an offer from defendant 11 to settle the dispute, directing them to deposit damages, thereby facilitating a resolution for all parties involved.
Filmtec Corporation & Anr. v.Anil Kumar Ashok Bhaivaswani Owner At Messrs Jal Blue Impex & Ors.
The Delhi High Court disposed of the suit between Filmtec Corporation and Anil Kumar Ashok Bhaivaswani and others following a comprehensive settlement agreement. Defendant No. 1 acknowledged ownership of Filmtec's trademarks (FILMTEC®, DUPONT, etc.) and copyrights, agreeing to cease all infringing activities. The court decreed the suit based on these terms, which included injunctions against Defendants 2 and 3 and payment of litigation costs by Defendant No. 1.