India IP Litigation
7,456 annotated decisions
Page 27 of 311 · 7,456 total
Castrol Limited v.Vivek Pratap Singh
The Delhi High Court allowed Castrol Limited's appeal, recognizing that the respondent was engaged in blatant counterfeiting of its motor oil brand. The court emphasized the severe public safety risk associated with substandard counterfeit engine oils. Consequently, the court directed the appointment of a Local Commissioner to inventory and take custody of the infringing products, granting immediate relief to protect the appellant's market and consumers.
KT&G Corporation (Xx) v.YY
In a significant ruling concerning trademark infringement in the tobacco sector, the Delhi High Court granted an interim injunction and permitted the appointment of Local Commissioners. The plaintiff, KT&G Corporation, sought protection for its renowned ESSE brand against counterfeiting. The court facilitated the execution of commissions to seize infringing products while ensuring procedural fairness, setting the stage for a full trial.
Akashdeep Enterprises Through Lrs & Anr v.Ella Foundation
The Delhi High Court granted an interim injunction in favor of Akashdeep Enterprises against Ella Foundation. The suit, filed under the Trademark Act, sought protection against groundless infringement threats. The court found that the likelihood of confusion between the parties' distinct goods (household products) and services (medicine/research) was minimal. Consequently, the Defendant was restrained from taking coercive steps, such as de-listing Plaintiffs' products on e-commerce platforms, until the final hearing.
M/S. Anup Kumar Biswas v.M/S. S. H. Biri Factory And Anr.
M/S. Anup Kumar Biswas filed an application seeking the rectification of a Copyright Registration held by M/S. S. H. Biri Factory And Anr., alleging that the registered label was deceptively similar to their own trade name and infringed upon their rights. The petitioner claimed the registration was obtained surreptitiously without notice. Given the respondent's willingness to have the matter heard afresh after proper notice, the Court cancelled the impugned registration and remanded the case back to the Copyright Registrar for a fresh decision.
Incyte Holdings Corporation v.Bigbear Pharmaceutical (Lao) Co., Ltd
The Plaintiffs filed a suit seeking permanent injunction against the Defendants for infringing Indian Patent No. 269841 related to Ruxolitinib compounds. The court passed several orders granting exemptions from pre-institution mediation and advance service, and appointed Local Commissioners to inspect the alleged infringing activities.
Incyte Holdings Corporation v.Incepta Pharmaceuticals Ltd.
The Plaintiffs filed a suit seeking permanent injunction against Defendants for infringing Indian Patent No. 269841, which covers Ruxolitinib compounds (JAKAVI®). The court passed several orders granting exemptions to the Plaintiffs regarding mediation, identity masking, and advance service, while also directing the execution of Local Commissions to investigate the alleged infringement.
Incyte Holdings Corporation v.Lucius Pharmaceuticals Co., Ltd.
The Plaintiffs filed a suit seeking a permanent injunction to restrain the Defendants from infringing Indian Patent No. 269841 concerning Ruxolitinib Compounds. The court granted various exemptions sought by the plaintiffs, including exemption from pre-institution mediation, and proceeded with appointing Local Commissioners for the execution of the patent.
Novo Nordisk As v.Dr. Reddys Laboratories Limited & Anr.
Novo Nordisk filed a suit alleging infringement of its patent (IN'697) covering Semaglutide, a GLP-1 analogue used for diabetes and obesity. The Plaintiff sought an interim injunction to restrain the Defendants from importing or dealing in the compound. The Court ultimately dismissed the application, finding that the Plaintiff failed to establish a prima facie case for the grant of relief.
M/s. Shilpa Medicare Limited v.M/s. Salus Pharmaceutical & anr.
M/s. Shilpa Medicare Limited filed a commercial appeal against an order, seeking condonation of delay due to initial incorrect nomenclature. The court allowed the delay condonation, noting that procedural rules are handmaids of justice. Subsequently, the court set aside a single judge's order and remanded the matter for consideration on merits, emphasizing continuous infringement.
XX v.Y
The Delhi High Court allowed the commercial suit filed by XX against Y, which alleges infringement of trademarks and designs related to 'HERO Genuine engine oil.' The court granted several procedural reliefs, including masking party identities and exempting the plaintiffs from pre-institution mediation due to the urgent nature of the relief sought. Crucially, the court permitted the appointment of a Local Commissioner to inspect the premises, seize infringing stock, and ascertain its value, paving the way for immediate interim protection.
Ganraj Enterprises v.Land Mark Crafts Pvt. Ltd & Anr.
The Delhi High Court issued an order allowing the Respondent No. 1 to file several additional documents in the ongoing trademark litigation. The application sought modification of a prior order, primarily to bring on record evidence concerning the change of ownership of trademarks and detailed arguments regarding the alleged deceptive similarity between the parties' marks. This procedural step allows the court to consider complex issues related to assignment dates and examination objections.
Sterlite Technologies Limited v.Hfcl Limited
The Delhi High Court passed an order listing the issues in a suit for infringement and a counter-claim seeking revocation of the patent. The court framed multiple issues concerning whether the defendant infringed the patent and whether the patent is liable to be revoked under various provisions of the Patents Act, 1970.
Kaha Pte. Ltd. v.Assistant Controller Of Patents And Designs
Kaha Pte. Ltd. filed an appeal challenging the Assistant Controller's decision to refuse the grant of a patent for application no. 02017037882. The court also addressed an interlocutory application seeking exemption from document submission requirements.
Vivek Verma & Ors. v.The Registrar Of Trademarks & Anr.
The Delhi High Court granted a stay on the registration of the trademark 'PALANG TORE MARD CHOURI PATTI' in favor of Vivek Verma & Ors. The court found that the Impugned Mark is identical or deceptively similar to the Appellant's existing marks, particularly considering the nature of the goods (chewing tobacco/gutkha) and the consumer base (illiterate sections). This decision highlights the high risk of market confusion when identical marks are used for related products.
Sun Pharma Laboratories Limited v.Rambos Lifesciences Pvt Ltd
The Bombay High Court allowed Sun Pharma Laboratories Limited's leave petition seeking to consolidate the cause of action for passing-off with the existing claim of trademark infringement against Rambos Lifesciences Pvt Ltd. The court found that since both causes of action arose from the same set of transactions, combining them was appropriate. Furthermore, the interim relief previously granted in the matter was directed to continue until the next hearing date.
Ms Anuradha Sharma & Anr. v.Jiva Ayurvedic Pharmacy Limited & Ors.
The Delhi High Court stayed an interim injunction granted by the Commercial Court, which had prohibited Ms. Anuradha Sharma's use of her registered trademark 'SHATAM JEEVA'. The court found that a prima facie case existed for the appellant to challenge the order, particularly regarding the lack of sufficient evidence demonstrating goodwill and likelihood of confusion in the passing off action. Furthermore, the High Court issued a directive to Commercial Courts, mandating clear findings on whether an injunction is based on infringement or passing off, and requiring positive proof of goodwill in passing off cases.
M/S. Tvs Motor Company Limited v.The Assistant Controller of Patents & Designs, Patent Office
TVS Motor Company appealed an order rejecting its patent application for a 'Vehicle Frame Assembly' due to lack of inventive step and other objections. The appellant argued that their design, which mounts a utility box on gusset plates instead of cross members, provides surprising technical effects like enhanced strength and optimized space utilization. The High Court set aside the rejection order and remanded the application for reconsideration.
Pachranga International Inc. v.Vishisht Malik Trading As M/S Pachranga Food Industries
Pachranga International Inc. filed an application alleging that Vishisht Malik Trading As M/S Pachranga Food Industries willfully disobeyed a prior court order dated 11.03.2025, which restrained the defendant from dealing in products bearing deceptive labels and infringing on the plaintiff's registered design, copyright, and trademarks. The plaintiff alleged continued violation through manufacturing and online sales using similar branding. In response, the defendant undertook to modify the trade dress of its label by changing the color and font, while also confirming the removal of specified URLs.
M/S. Tvs Motor Company Limited v.The Assistant Controller of Patents & Designs, Patent Office
TVS Motor Company Limited appealed an order by the Assistant Controller of Patents rejecting its application for "Vehicle Frame Assembly" on grounds including lack of inventive step, exclusion under Section 3(f), and formal requirements. The appellant argued that the rejection failed to follow a proper five-step analysis when assessing obviousness against cited prior art. The High Court set aside the impugned order and remanded the application for reconsideration.
Abdul Rahim Khalilur Rehman v.Abdul Karim Khalilur Rehman
The Bombay High Court addressed two Commercial Arbitration Petitions concerning a dispute over the dissolved partnership firm's assets, specifically the 'Moulvi' trademark. The core issue was whether third parties (Respondent Nos. 3 and 4) could be bound by the ongoing arbitration proceedings against Respondent No. 1. The court ruled that instead of granting immediate relief, it converted the petitions into Section 17 applications, directing the Petitioner to raise the 'alter ego' doctrine before the Arbitral Tribunal itself. This allows the tribunal, guided by Supreme Court precedent, to determine if the third parties are bound by the existing arbitration agreement.
Mir Mahamood Ali & Ors. v.Mir Mukkaram Ali
The Madras High Court ruled in favor of the petitioners, ordering the expungement of the respondent’s name from the Copyright Register. The dispute centered on a conflict where the respondent was incorrectly listed as the owner of the artistic features of the 'Sagar Homeo Stores' trademark, despite the petitioners being the rightful owners. By establishing their prior and valid registration with the Trademark authority, the court found the opposing copyright entry to be illegal and concocted.
M/S. Dunlop India Limited (In Liqn.) v.Dunlop Aircraft Tyres Limited
The Calcutta High Court granted leave to M/S. Dunlop India Limited to continue its trademark rectification and cancellation proceedings against a company now in liquidation. The dispute centered on preventing the use of the 'DUNLOP' mark, including various prefixes and suffixes, for aircraft tyres by the liquidating entity. This decision allows the established market leader to pursue legal remedies to protect its brand integrity within the specialized aviation sector.
Himalaya Wellness Company & Ors. v.Greenland Trading Company
The Delhi High Court granted an interim injunction in favor of Himalaya Wellness Company, finding a prima facie case of trademark infringement and passing off against Greenland Trading Company. The court recognized 'HIMALAYA' as a well-known mark due to its extensive global use since 1930. Given the potential for consumer confusion in the health and wellness sector, the court restrained the defendant from using deceptively similar marks until further hearing.
Ajay Alias Vishal Veeru Devgan v.The Artists Planet & Ors.
The Delhi High Court issued several procedural orders in the ongoing suit filed by Ajay Alias Vishal Veeru Devgan against The Artists Planet & Ors. The court granted exemptions to the plaintiff from mandatory pre-litigation mediation, citing the need for urgent interim relief. Furthermore, the court directed the production and inspection of documents by the defendants, while also formally registering the plaint as a civil suit seeking protection against trademark infringement, passing off, copyright violation, and misappropriation of personality rights.