India IP Litigation
7,167 annotated decisions
Page 297 of 299 · 7,167 total
The Calico Printers Association v.Ahmed Abdul Karim Bros., Limited
The Calico Printers Association sued Ahmed Abdul Karim Bros., Limited for infringing their two registered textile designs through the import and sale of imitation printed goods. Although the defendants admitted to innocent infringement, they offered a settlement including payment of profits (Rs. 199). The court ultimately granted an injunction in favor of the plaintiffs and awarded damages equal to the admitted profits.
The Calico Printers Association v.Mitsubishi Shoji Kaisha Limited
The Calico Printers Association sued Mitsubishi Shoji Kaisha Limited for infringing a registered textile design. The core legal issue was whether the defendants were joint tortfeasors with an intermediary, Mustak & Co., and whether the acts constituting infringement occurred within British India. The court ultimately allowed the appeal and granted an injunction.
Gillette Industries Limited v.Yeshwant Brothers
Gillette Industries Limited sued Yeshwant Brothers for infringing a patent related to safety razor blades. The plaintiffs alleged that the defendants were importing and selling razor blades bearing names like 'Navy Blade' which infringed their patented design. The court found the patent valid, established infringement, and granted an injunction along with nominal damages.
The Calico Printers Association v.Savani And Co.
The Calico Printers Association sued Savani And Co. for infringing their registered textile design used on saries. The plaintiffs alleged that the defendants imported Japanese prints whose borders were identical to or an obvious imitation of the plaintiff's protected design. The court found in favor of the plaintiffs, granting a decree for infringement.
Calico Printers Association Ltd. v.Savani And Co.
The plaintiffs, registered proprietors of a textile design for printing saries, sued the defendants for importing and selling Japanese prints whose borders were identical to their registered design. The court found that the plaintiffs' design was new and original, establishing their exclusive rights in British India.
Calico Printers Association, Ltd. v.D.N. Mukerjea
The plaintiffs, proprietors of three registered cotton designs, sued the defendant for copyright infringement after discovering he was importing and selling similar designs on cotton materials. The dispute centered on whether the defendant knowingly infringed the copyrights or merely sold goods in ignorance of the rights.
The Calico Printers Association v.Gosho Kabushiki Kaisha Limited
The Calico Printers Association sued Gosho Kabushiki Kaisha Limited for importing and selling goods bearing a registered design that was identical to or imitated their protected design without license. The core legal issue revolved around whether the plaintiffs were bound by the statute (Indian Patents and Designs Act, II of 1911) to elect between specific remedies: account of profits, damages, or a fixed sum of Rs. 1,000.
Lallubhai Chakubhai Jariwala v.Chimanlal Chunilal And Co.
The plaintiff, holding a patent for an improved process of treating dried fruits, sued the defendants alleging infringement. The core dispute revolved around whether the defendants' process substantially matched the patented combination, particularly concerning the use of pressure.
Dorman Long And Co. Ltd. v.Jagadish Chandra Mahindra And Anr.
The appeal challenged an order by the Controller of Patents refusing subpoenas for expert witnesses. The petitioners sought a writ of certiorari or mandatory injunction, arguing they still had the right to present evidence. The court ultimately dismissed the appeal, finding that the Controller's decision was within his discretion and that the petitioners lacked adequate legal remedies.
Lallubhai Chakubhai Jarivala v.Shamaldas Sankalchand Shah
The appeal concerned a patent action regarding a novel chemical process for whitening almonds. The High Court examined whether the process constituted an invention, if the plaintiff was the original inventor, and addressed prior use defenses raised by the defendant's associates. The court ultimately allowed the appeal in favor of the plaintiff.
Lallubhai Chakubhai Jarivala v.Shamaldas Sankalchand Shah
The case involved an appeal regarding a patent application for a process to whiten almond shells. The court examined whether the combination of bleaching powder and sulphur dioxide under pressure constituted an invention, and if the plaintiff was the true inventor. The court ultimately found in favor of the plaintiff.
Mohammad Abdul Karim v.Mahammad Yasin
The plaintiff sued for injunction and damages, claiming exclusive rights over a registered brass tray design (Design No. 43516). The defendants claimed that the design lacked novelty and that the plaintiff was not the true proprietor or author of the design, having learned it from others.
Mohammad Abdul Karim v.Mohammad Yasin And Anr.
The plaintiff sued for injunction and damages against the defendants, claiming exclusive rights over a registered brass tray design (No. 43516). The defense argued that the design was common knowledge and the plaintiff was not the true author or proprietor. The court ultimately dismissed the appeal, finding that the plaintiff failed to prove proprietary rights.
National Carbon Co., Incorporated v.Bright Star Battery Company
The National Carbon Company held Patent No. 17148 of 1930 for dry cell batteries. After initial litigation, they sought to amend their patent specification under Section 17 of the Act. The Bright Star Battery Company opposed this application, arguing that a suit for infringement was pending and an appeal had been lodged against the dismissal of the original suit. The Court ultimately dismissed the amendment application.
Swadeshi Mills Co., Ltd. v.Juggi Lal, Kamlapat Cotton Spinning And ...
The Allahabad High Court ruled in favor of Swadeshi Mills Co., Ltd., finding that the plaintiffs had successfully established a reputation for their cotton goods under the trade name 'kamalchap' through continuous use of specific lotus flower designs and impressions. The court granted a perpetual injunction against the defendants, restraining them from using colorable imitations of the marks. Furthermore, the defendants were ordered to remove all infringing marks from their stock and pay substantial damages to the plaintiffs.
Indian Vacuum Brake Co., Ltd. v.E.S. Luard
The petitioner challenged the validity of Patent No. 8018, granted to E.S. Luard, arguing that it lacked novelty and invention, and was anticipated by prior art (Hardy's Patent and existing designs). The court found that the respondent's patent was not an improvement on the petitioner's design and disclosed no invention.
A.J. Von Wulfing v.D.H. Jivandas And Co.
The plaintiffs alleged that they had established a high reputation for chemical compounds sold under the names 'Sanatogen' and 'Formamint' in India. They sued the defendants, who were importing and selling similar goods at lower rates, alleging deception through the use of the marks and resemblance in packaging. The court found that the plaintiffs were entitled to their trade mark rights and ruled that the defendants' sale constituted infringement/passing off.
Jwala Prasad v.Raghubir Prasad
The appeal concerned questions arising from a partnership dispute involving patent rights to locks named "Kartoos" and "Impervis." The court addressed the scope of judicial power concerning patent ownership when it arises within a winding-up of a partnership, ultimately dismissing the appeal.
Ernest Otto Gammeter v.The Controller Of Patents And Designs
Gammeter appealed against the cancellation of his watch band design registration by the Controller. The core legal issues were whether the Controller had the authority to cancel the registration based on a third party's application, and whether Gammeter's design constituted a novel invention.
Kheshtra Pal Sharama v.Pancham Singh Varma
This 1915 Allahabad High Court judgment addressed a dispute over trademark infringement concerning medicinal products. The applicant, selling 'Sudha Sindhu,' sued the respondent for allegedly infringing his registered trademark through advertisements in Muttra. The court ruled that if the facts alleged by the plaintiff are true—specifically, that the advertisement was calculated to induce confusion—then the trademark has been infringed within the jurisdiction of the local court. Consequently, the lower courts' decision to dismiss the suit on jurisdictional grounds was set aside, allowing the case to proceed.
Bhathey Sundara Rajan And Ors. v.A.A. Kuppusami Iyer And Anr.
The appeal concerned an infringement suit regarding the 'Amp hill Patent Loom.' The court addressed whether defendants could raise defenses beyond those specified in the Patents Act, particularly concerning lack of subject matter. Ultimately, the appeals failed because the defendants were unable to discharge the burden of proving prior use before the patent application date.
Bagzone Lifestyles Private Limited v.Shweta Agrawal
The Bombay High Court granted ad-interim relief in favor of Bagzone Lifestyles Private Limited, allowing the appointment of an Additional Special Receiver to seize and seal infringing goods bearing the 'LAVIE' trademark. The court found that the defendant, Shweta Agrawal, had failed to appear despite being served, and the plaintiff's claims remained uncontroverted. The court ordered the Additional Special Receiver to submit reports and retain the seized goods in the defendant's premises.
Sun Pharmaceutical Industries Limited v.Glenmark Pharmaceuticals Ltd.
The Bombay High Court framed an issue regarding the validity of the trademark 'LULICAN' bearing registration No.2473300 in class 5, in the name of Glenmark Pharmaceuticals Ltd. The court ordered the tagging of Commercial Miscellaneous Petition No. 797 of 2022 with the Suit and listed it for directions. The case is related to a pharmaceutical product and involves a dispute over trademark validity.
Bagzone Lifestyles Private Limited v.Shweta Agrawal
The Bombay High Court granted ad-interim relief in favor of Bagzone Lifestyles Private Limited, allowing the appointment of an Additional Special Receiver to seize and seal infringing goods bearing the 'LAVIE' trademark. The court found that the defendant, Shweta Agrawal, had failed to appear despite being served, and the plaintiff's counsel argued that the defendant's actions constituted trademark infringement. The court's order aims to prevent further infringement and protect the plaintiff's trademark rights.