India IP Litigation
7,068 annotated decisions
Page 28 of 295 · 7,068 total
Diya Aggarwal v.The Registrar Of Trademarks
Diya Aggarwal has filed an appeal challenging the Registrar of Trademarks' refusal to register her trademark application. The Delhi High Court accepted notice and set out a procedural schedule for the matter. This order directs both parties to file their respective replies and rejoinders, indicating that the case is moving forward through the appellate process.
Ferrero Spa & Ors. v.M. B. Enterprises
Ferrero Spa filed a suit against M. B. Enterprises alleging infringement, passing off, and unfair competition related to its globally recognized brand, NUTELLA. Following reports of counterfeit products being manufactured under the same name in Thane, Maharashtra, Ferrero sought immediate protection. The Delhi High Court granted an interim injunction, restraining the defendant from continuing the alleged infringing activities until further proceedings.
Manash Lifestyle Private Limited & Anr. v.Eco Tech Recycling & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Manash Lifestyle Private Limited against Eco Tech Recycling & Ors. The court found that the plaintiffs had established a prima facie case, ruling that the defendants' actions—specifically reintroducing scrapped or disposed products into the market—posed grave harm to the reputation and goodwill associated with the plaintiff's registered trademarks (including PURPLLE) and copyrights. This protective order aims to safeguard consumer trust and prevent further unauthorized commercial activity related to the plaintiffs' intellectual property.
Indmoney Tech Private Limited & Anr. v.Ashok Kumar And Ors
The Delhi High Court issued further directions in the trademark infringement suit filed by Indmoney Tech Private Limited. The court recognized that unknown entities were using the 'INDmoney/' trademarks across various digital platforms—including websites, WhatsApp, Telegram, and mobile apps—to defraud customers with fraudulent stock advice. The judgment specifically directed platform providers (like WhatsApp/Telegram operators) and financial institutions to take immediate action against the identified infringing accounts and bank details, reinforcing the court's stance on protecting brand integrity in the digital age.
Zenith Spray And Aerosols Pvt Ltd v.Urmila Goel Tin Works And Packaging
The Delhi High Court reinforced the existing injunction against Urmila Goel Tin Works and Packaging after finding that the defendant's packaging remained deceptively similar to the plaintiff's registered trade dress, despite changing its trademark. The court found that merely altering the brand name did not negate the infringement of the distinctive visual appearance (trade dress). Consequently, the Court appointed a Local Commissioner to conduct a search and seizure operation at the defendant's premises to prevent further violation of the original order.
Atomberg Technologies Private Limited v.Luker Electric Technologies Private Limited
Atomberg Technologies Private Limited challenged the Single Judge's order dismissing its interim injunction application against Luker Electric Technologies Private Limited. Atomberg alleged that Luker had fraudulently copied and infringed upon its registered design of the 'Atomberg Renesa Ceiling Fan.' The dispute involved claims of both design infringement and passing off, given the similarity between the products. The Bombay High Court examined the comparison table provided by both parties. Ultimately, the court found that Atomberg failed to demonstrate 'something more' than mere similarity required for a successful claim of passing off at the interim stage. Consequently, the appeal was dismissed, upholding the lower court's decision.
Atomberg Technologies Private Limited v.Luker Electric Technologies Private Limited
Atomberg Technologies Private Limited appealed the Single Judge's order dismissing its interim injunction application against Luker Electric Technologies Private Limited. Atomberg alleged that Luker had fraudulently obtained registrations for ceiling fans that infringed upon Atomberg's registered design (No. 309694). The dispute also involved claims of passing off due to similarity in aesthetic features and market presence. However, the Bombay High Court dismissed the appeal, finding no grounds to interfere with the lower court's discretion.
Atomberg Technologies Private Limited v.Luker Electric Technologies Private Limited
Atomberg Technologies Private Limited challenged the Single Judge's order dismissing its interim injunction application against Luker Electric Technologies Private Limited. Atomberg alleged that Luker had fraudulently copied and infringed upon its registered design of the 'Atomberg Renesa Ceiling Fan'. The dispute also involved claims of passing off, given Atomberg's established market presence. However, the Bombay High Court dismissed the appeal, finding no grounds to interfere with the lower court's discretion.
Atomberg Technologies Private Limited v.Luker Electric Technologies Private Limited
Atomberg Technologies Private Limited challenged the Single Judge's order that refused to grant an interim injunction against Luker Electric Technologies Private Limited. Atomberg alleged that Luker had fraudulently copied its registered ceiling fan design, 'Atomberg Renesa Ceiling Fan,' and committed passing off. The court examined the comparison between the two designs and found that prima facie differences existed in various aspects of the products and packaging. Consequently, the appellate court dismissed Atomberg's appeal, upholding the lower court's decision.
Mohun Nicholas D'Souza v.The Controller of Patents of Designs
The petitioner challenged the refusal of his patent application, titled "TAMPER EVIDENT TWIST SEAL WITH BREAKAWAY ANCHOR MECHANISM," which was rejected on grounds of lack of inventive steps/obviousness under Section 25(1)(e) of the Patents Act. The High Court found that the Controller failed to conduct a proper analysis regarding obviousness, specifically failing to consider the differences between the claimed invention and prior art as pointed out by the applicant.
Gsp Crop Science Pvt Ltd v.Br Agrotech Limited And Anr
The plaintiff filed a suit seeking permanent injunction against infringement of its Indian Patent No. 3945681, which covers a synergistic suspo-emulsion formulation of Pyriproxyfen and Diafenthiuron. The court allowed an application for judgment on admission against Defendant No. 2 after finding inescapable liability due to admissions made by the defendant.
Murarilal Harish Chandra Jaiswal Pvt ltd. v.Jaishankar
The plaintiff, Murarilal Harish Chandra Jaiswal Pvt Ltd., claimed that its registered trademark 'HANS CHAAP' was being infringed and passed off by the defendants in relation to tobacco products. Despite initial interim injunctions, the suit proceeded despite non-appearance of several defendants. The court ultimately decreed the suit, granting a permanent injunction against Defendants 2 to 5 and awarding costs.
Pt Tech, Llc v.The Controller of Patents, Designs and Trademarks and Anr.
The petition challenges the action of Respondent No.1 (Controller of Patents, Designs and Trademarks) for accepting a Counter Statement filed by Respondent No.2 beyond the statutory two-month period stipulated under the Trade Marks Act, 1999. The court noted that the matter would be heard ex-parte against Respondent No.2 due to non-appearance despite service.
Louis Vuitton Malletier v.Ajay Aggarwal
The plaintiff, Louis Vuitton Malletier, filed a suit alleging that the defendant, Ajay Aggarwal, was manufacturing and selling goods using the deceptively similar trademark/label 'LV'. The court found that the defendant was violating the plaintiff's statutory and common law rights, leading to the decree in favor of the plaintiff.
Quality Tools Srl v.The Controller General of Patents And Designs and Anr
The appellant, Quality Tools Srl, appealed against an order rejecting its Patent Application (3902/NP/2010) due to a perceived lack of inventive steps. The court found that the rejection order was devoid of proper reasoning and failed to apply sufficient judicial mind. Consequently, the impugned order was set aside, and the matter was remanded for fresh consideration.
Upgrad Education Private Limited v.Lavangiri Ansar Basha And Ors
The Delhi High Court granted an interim injunction in favor of Upgrad Education Private Limited against Lavangiri Ansar Basha and others. The court found that the defendant was actively making false, malicious, and disparaging statements about the plaintiff's brand 'upGrad' on social media platforms, including using the trademark with derogatory hashtags like 'scam' and 'fraud'. Consequently, the defendant is restrained from further defamatory posts until the next hearing, while the plaintiff was directed to deposit a sum of Rs. 4 lakhs.
Mr. Piruz Khambatta & Anr. v.Franchise India Brands Limited & Anr.
The Delhi High Court addressed an application concerning the alleged contempt of a prior injunction order. The Plaintiffs asserted that the Defendants continued using the trademarks 'Rasna' and 'Rasna Buzz' despite the expiration of their Master License Agreement (MLA). While the court noted the dispute over a purported new agreement, it primarily directed the Defendants to file their reply within two weeks. Crucially, the Court reiterated that the existing injunction order must be strictly complied with.
Provivi, Inc. v.The Controller Of Patents And Designs
Provivi, Inc. challenged an order of refusal dated 30.05.2023 passed by The Controller of Patents and Designs regarding its patent application. The Petitioner argued that the Impugned Order summarily rejected the application without examining the submissions made in response to the First Examination Report (FER).
Malikie Innovations Ltd & Anr v.Xiaomi Corporation & Ors
Malikie Innovations Ltd filed a suit against Xiaomi Corporation seeking restraining orders against infringing their Standard Essential Patents (SEPs), which are incorporated into 4G and 5G cellular standards. The Plaintiffs also seek damages and declarations regarding FRAND compliance. The court allowed various interlocutory applications, including leave to amend claims and grant temporary injunctions.
ITC Ltd v.Assistant Controller Of Patents And Designs
ITC Ltd challenged an order passed by the Assistant Controller of Patents rejecting its application for 'METHOD OF PRODUCING AEROSOL GENERATING SUBSTRATE'. The core contention was that the rejection, based on non-patentability and lack of inventive step, violated the principles of natural justice. The appellant argued that the Controller relied on technical materials not furnished to them at any prior stage or during the hearing. Recognizing this serious procedural infirmity, the High Court set aside the impugned order and remanded the matter for fresh adjudication.
Moti Mahal Delux Management Services Pvt Ltd v.M/S Doyir Eshi & Anr.
The Delhi High Court granted an interim injunction in favor of Moti Mahal Delux Management Services against its ex-franchisee, M/S Doyir Eshi & Anr. The court found that the defendant was willfully infringing upon the Plaintiffs' well-known and registered trade marks, specifically 'Moti Mahal' and 'Tandoori Trail'. The order immediately restrained the defendant from using confusingly similar marks in their restaurant business and mandated the removal of all impugned references from public platforms.
Upgrid Solutions Private Limited v.Vikas Pal And Anr
The Delhi High Court issued a comprehensive order in the trademark infringement suit filed by Upgrid Solutions against Vikas Pal and others. The court allowed the plaintiff to introduce crucial evidence, including GPS-tagged photographs of unauthorized swap stations and true-caller screenshots, citing the need for substantial justice. Furthermore, recognizing the urgency of protecting its 'Battery Smart' brand, the Court granted an interim injunction through the appointment of Receivers to secure the plaintiff's assets and prevent further infringement.
Innoviti Payment Solutions Private Limited v.Pine Labs Private Limited
The Original Suit filed under Section 104 of the Patents Act, 1970, was listed for an interlocutory application. The plaintiff subsequently submitted that they were withdrawing the suit, which the court accepted and dismissed it as withdrawn. Additionally, the counter claim filed by the defendant was dismissed due to the prior revocation order.
Novo Nordisk As v.Dr Reddys Laboratories Limited & Anr.
Novo Nordisk appealed an order passed by the learned Single Judge regarding an interim application in a patent dispute. The respondents argued they had a license to manufacture but not sell the impugned drug in India, reserving the right to export. The High Court disposed of the appeal, advancing the date for further consideration on the issue of export.