India IP Litigation
7,167 annotated decisions
Page 298 of 299 · 7,167 total
Integrace Private Limited v.Mas Pharmachem And Anr
The Bombay High Court granted a permanent injunction in favor of Integrace Private Limited, restraining Mas Pharmachem from using the trademark 'BON K2 FORTE', which was found to be deceptively similar to the plaintiff's registered trademark 'BON - K2'. The court also awarded costs to the plaintiff. The defendant's failure to defend the suit and their dishonest conduct were key factors in the court's decision. The case highlights the importance of protecting intellectual property rights in the pharmaceutical industry.
John Cockerill Hamon SA v.Hamon Cooling Systems Private Limited
The Bombay High Court granted an injunction in favor of John Cockerill Hamon SA, restraining Hamon Cooling Systems Private Limited from using the HAMON mark. The court found that the defendant's use of the mark was likely to cause confusion and deceive the public. The plaintiff had registered the HAMON mark in India and had been using it since 1963. The defendant's use of the mark was held to be an infringement of the plaintiff's trademark rights.
Black Diamond Motors Pvt Ltd v.Registrar Of Trade Marks, Mumbai and Black Diamond Track Parts Pvt. Ltd.
The Bombay High Court upheld an order allowing an extension of time for filing an evidence affidavit in a trademark rectification proceeding, despite a delay of over three years. The court held that the deadline under Rule 45 of the Trade Marks Rules, 2017 is directory, not mandatory. The case involved a dispute between two factions of the same family over the use of the 'Black Diamond' name in their respective businesses.
Lighthouse Learning Private Limited v.Sandeep Bansal
Lighthouse Learning Private Limited, the owner of the 'Eurokids' trademark, filed a suit against Sandeep Bansal for trademark infringement and passing off. The court granted an ad-interim relief in favor of the Plaintiff, restraining the Defendant from using the 'Eurokids' trademark. The Plaintiff had established a strong prima facie case, showing that the Defendant had been using the 'Eurokids' trademark without authorization. The court also noted that the Plaintiff had been vigilant about its trademark, having filed several proceedings for infringement and passing off in the past.
Ms Origin Nutrition Private Limited v.Ms Origins Coffee
The Madras High Court granted an ad interim injunction in favor of Ms Origin Nutrition Private Limited, restraining Ms Origins Coffee from using the trademark ORIGINS COFFEE, which is deceptively similar to the plaintiff's registered trademark ORIGIN NUTRITION. The court found that the defendant's use of the trademark ORIGINS COFFEE was an infringement of the plaintiff's registered trademark. The injunction was granted pending disposal of the suit.
M/s.K.R.Bakes Pvt.Ltd. v.Pradeep Kumar K.R
M/s.K.R.Bakes Pvt.Ltd. filed a petition to cancel the trademark registration of Pradeep Kumar K.R. The court has initiated proceedings and framed issues for consideration, including prior user, proprietorship, and violation of the Trade Marks Act. The case has been listed after three weeks for further proceedings.
Eternal Limited v.Eternl Resilienttech Private Limited
The Karnataka High Court dismissed an appeal filed by Eternal Limited against an order granting an ad-interim ex-parte temporary injunction in favor of Eternl Resilienttech Private Limited, restraining Eternal Limited from using the mark 'Eternal' or any other mark deceptively similar to Eternl Resilinttech Private Limited's registered trademark. The court held that the appeal was not maintainable and that the remedy available to the appellant/defendant was to file an application under Order XXXIX Rule 4 of CPC. The court also directed the Trial Court to consider any such application within four weeks and pass appropriate orders on its merits.
Columbia Pictures Industries, Inc v.Registrar Of Trade Marks & Anr
Columbia Pictures Industries, Inc appealed against the order of the Registrar of Trade Marks rejecting their opposition to the registration of the mark GHOST BUSTER. The appellant argued that the mark is similar to their well-known trademark GHOSTBUSTERS and that the respondent had applied for registration in bad faith. The court quashed and set aside the impugned order and remanded the case for fresh consideration. The Registrar will now consider the appellant's contentions relating to alleged bad faith and the claim that the mark GHOSTBUSTERS is entitled to protection as a well-known trademark.
Symed Labs Limited v.Mr.Alla Venkata Reddy and Lee Pharma Limited
Symed Labs Limited filed a patent infringement suit against Mr.Alla Venkata Reddy and Lee Pharma Limited for manufacturing and selling Linezolid, allegedly infringing their patents IN 213062 and IN 213063. However, the plaintiff withdrew the suit, and the court dismissed it as withdrawn with no order as to costs. The case highlights the importance of patent protection in the pharmaceutical industry. The plaintiff's decision to withdraw the suit may indicate a settlement or a strategic decision to focus on other legal battles.
Interdigital Patent Holdings Inc & Anr v.Shenzhen Transsion Holdings Co Ltd & Ors
The Delhi High Court directed the defendants to deposit a sum or submit an unconditional bank guarantee as pro-tem security payment in a patent infringement case related to wireless communication technology. The plaintiffs, Interdigital Patent Holdings Inc, claimed that their technological innovations were protected by over 31,500 patents and applications worldwide. The defendants, Shenzhen Transsion Holdings Co Ltd, were engaged in the business of manufacturing and selling smartphones under various brands.
Deepak Nitrite Limited v.The Assistant Controller General of Patents and Designs
The Bombay High Court set aside an order of the Assistant Controller of Patents and Designs refusing a patent application for a free-flowing food-grade sodium nitrite and its production method. The court held that the impugned order lacked adequate reasoning and analysis of the rival submissions. The patent application is to be decided afresh within 12 weeks. The court emphasized the importance of passing well-reasoned and speaking orders in patent cases.
Intra-Cellular Therapies, Inc v.The Controller Of Patents
The Delhi High Court has upheld the decision of the Controller of Patents to reject the patent application of Intra-Cellular Therapies, Inc. The application was rejected on the grounds of lack of novelty and non-patentability. The court held that the applicant failed to establish the novelty of the invention and that the invention did not meet the requirements of Section 3(d) of the Patents Act. The court also observed that the applicant had not provided sufficient data to support its claims of enhanced therapeutic efficacy.
Sun Pharmaceutical Industries Limited v.Glenmark Pharmaceuticals Ltd. And Anr.
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 the pharmaceutical industry and involves a dispute over the validity of a trademark. The court's decision is an interim order and does not provide a final judgment on the matter.
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.
Procter and Gamble Health Limited v.Horizon Bioceuticals Pvt Ltd
The Bombay High Court disposed of a commercial appeal and interim application related to trademark infringement and passing off. The court accepted the defendant's statement that they are not using the offending mark and have no intention to do so. The court clarified that the observations made in the earlier order shall not act as a precedent. The case involved the trademarks LIVOGEN and LIVOGEN-Z, and the defendant's mark LIVOGEM. The court's decision highlights the importance of establishing misrepresentation and damage to goodwill in passing off cases.
Bagzone Lifestyles Private Limited v.Shweta Agrawal
The Bombay High Court granted ad-interim relief to Bagzone Lifestyles Private Limited, allowing the appointment of an Additional Special Receiver to seize and seal infringing goods bearing the impugned trade mark/label. The court also directed the concerned police authorities to assist the Additional Special Receiver in the execution of the order. The plaintiff had filed a suit against Shweta Agrawal for trademark infringement, alleging that the defendant was using the plaintiff's registered trademark 'LAVIE' without permission.
Kleo Consumer Brands Private Limited v.Jeevan Kumar, Senior Examiner of Trade Marks and Anr.
The Bombay High Court set aside an order refusing the registration of the trademark 'ANAAR' for footwear, directing the publication of an advertisement to consider any objections. The court held that it was expedient to use discretion to advertise the application, given the peculiar facts of the case. The petitioner had initiated rectification proceedings against the existing mark, and the registrant had not filed a counterstatement.
Astral Ltd v.M/S. Sri Sai Electricals & Ors
Astral Ltd filed a suit against M/S. Sri Sai Electricals & Ors for trademark infringement, seeking a decree of permanent injunction. The defendants agreed to give up the use of the impugned marks and not to use any marks deceptively similar to the plaintiff's registered trademark ASTRAL. The suit was decreed in favor of the plaintiff, with the defendants permitted to sell existing stock within five months.
Integrace Private Limited v.Mas Pharmachem And Anr.
The Bombay High Court granted a permanent injunction in favor of Integrace Private Limited, restraining Mas Pharmachem from using the trademark 'BON K2 FORTE', which was found to be deceptively similar to Integrace's registered trademark 'BON - K2'. The court also awarded costs to Integrace. The case highlights the importance of protecting intellectual property rights in the pharmaceutical industry.
Crocs Inc Usa v.M/S Bata India Ltd And Ors
The Delhi High Court awarded costs in favor of the defendant, M/S Bata India Ltd, in a design infringement suit filed by Crocs Inc Usa. The court directed the plaintiff to pay a sum of Rs. 24,63,400/- to the defendant within three months. The suit was initially filed seeking permanent injunction restraining infringement of Design Registration no. 197685, but the court had earlier dismissed the interim injunction applications and allowed the defendant's application under Order XXXIX Rule 4 CPC.
John Cockerill Hamon SA v.Hamon Cooling Systems Private Limited
The Bombay High Court granted an interim injunction in favor of John Cockerill Hamon SA, restraining Hamon Cooling Systems Private Limited from using the HAMON mark. The court found that the defendant's use of the mark was likely to cause confusion and deceive the public. The plaintiff had registered the HAMON mark in India and had been using it since 1963. The defendant's use of the mark was held to be an infringement of the plaintiff's trademark rights.
Geetanjali Salon Private Limited v.Ms. Amita Dubey & Ors.
The Delhi High Court granted an interim injunction in favor of Geetanjali Salon Private Limited, restraining the defendants from using the plaintiff's trademarks 'GEETANJALI' and 'GEETANJALI STUDIO'. The court found that the plaintiff had made out a prima-facie case and that the balance of convenience lay in favor of the plaintiff. The defendants were also restrained from passing off their services as those of the plaintiff.
Black Diamond Motors Pvt Ltd v.Registrar Of Trade Marks, Mumbai and Black Diamond Track Parts Pvt. Ltd.
The Bombay High Court upheld an order allowing an extension of time for filing an evidence affidavit in a trademark rectification proceeding, despite a delay of over three years. The court held that the deadline under Rule 45 of the Trade Marks Rules, 2017 is directory, not mandatory. The case involved a dispute between two factions of the same family over the use of the 'Black Diamond' name in their respective businesses.
M/S. Psychotropic India Limited v.The Registrar Of Trade Marks
The Delhi High Court allowed a writ petition filed by M/S. Psychotropic India Limited, directing the Registrar of Trade Marks to correct the class of goods in respect of Trademark Application No. 2038075 from Class 11 to Class 05. The petitioner had filed the application for the mark 'THIOPIL' in 2010, but due to an error, the application was processed under the wrong class. The court ordered the correction to be made within three weeks and the application to be processed expeditiously thereafter.