India IP Litigation
7,302 annotated decisions
Page 3 of 305 · 7,302 total
State v.Rakesh Kohli
The State prosecuted Rakesh Kohli, Bhaga Ram, Vipin Kumar, and Deepak Kumar under Section 104 of the Trade Marks Act, 1999, for allegedly manufacturing, stocking, and selling counterfeit automobile parts bearing the registered trademarks of Bajaj Auto Company. The prosecution's case relied on the testimony of the complainant, Sh. Jitender Kumar, and an expert witness, Ratan Pal Singh. The Court acquitted all four accused, holding that the prosecution failed to prove the charges beyond reasonable doubt.
Jyothy Labs Limited v.The Registrar of Trade Marks & Anr.
Jyothy Labs Limited filed a writ petition under Articles 226 and 227 of the Constitution of India seeking restoration of its opposition (bearing No.1179106) to a trademark application filed by respondent No.2, which had allegedly been allowed while the opposition was still pending. Respondent No.2 accepted notice and raised no objection to the prayer that the opposition be considered before the Registrar decided on registration. The Delhi High Court set aside the registration of respondent No.2's trademark (registration No.5345163) and remanded the matter to the Registrar to reconsider the application after affording the petitioner an opportunity to be heard.
Indiejewel Fashions Private Limited v.Demifine Fashion Private Limited & Anr.
The petitioner, Indiejewel Fashions Private Limited, filed a petition before the Delhi High Court challenging the registration of the trademark 'DEMIFINE' (Registration No. 6264164 in Class 14) held by the respondents. The court allowed the petitioner's application under Section 151 of the CPC seeking summoning of the complete record of the impugned trademark from the Registrar of Trade Marks. Notice was issued to the respondents, with timelines set for filing replies and rejoinders.
Chittepu Lakshmi Reddy v.Sri Sitarama Educational Society
This Civil Revision Petition under Article 227 of the Constitution was filed by the petitioners/plaintiffs seeking a direction to the trial court (VI Additional District Judge, Kadapa) for expeditious disposal of O.S.No.46/2021, a suit for specific performance and permanent injunction pending for over five years. The petitioners relied on Judicial Notification No.3/SO/2016 prescribing a 24-month disposal timeline for certain categories of cases. The High Court, citing the Supreme Court's ruling in High Court Bar Association, Allahabad v. State of Uttar Pradesh, declined to fix a rigid time-bound schedule and instead directed the trial court to endeavour for early disposal based on the seniority of pending cases.
HCL Corporation Pvt Ltd v.John Does & Ors
HCL Corporation Pvt Ltd filed a commercial suit against John Does and others for infringement of its trademarks and passing off, alleging that unknown persons were fraudulently representing themselves as employees or agents of HCL through deceptive emails, calls, and messages to dupe the public. The Delhi High Court allowed the impleading of proposed Defendant No. 24 based on KYC details furnished by Defendant No. 18/SBI, permitted amendment of the plaint, and granted an ex parte ad interim injunction restraining Defendants No. 20 to 24 from using HCL's trademarks.
Flu Jeans Private Limited v.Mr. Manish Jain & Anr.
Flu Jeans Private Limited filed a petition before the Delhi High Court under sections 47 and 57 of the Trade Marks Act, 1999, seeking cancellation of the impugned trademark 'BIGFLU'. The court disposed of two interlocutory applications—one for exemption and another seeking leave to file additional documents—and issued notice to the respondents. The matter was listed before the Joint Registrar on 23rd November 2026 for further proceedings.
Marc Enterprises Pvt. Ltd. v.Vikash Garg Trading As Royal Cable Industries & Anr.
This is an interlocutory order in a commercial suit (CS(COMM) 921/2026) filed by Marc Enterprises Pvt. Ltd. against Vikash Garg Trading As Royal Cable Industries & Anr. before the Delhi High Court. The plaintiff sought exemption from pre-litigation mediation, leave to file additional documents, and an ad-interim injunction restraining the defendants from using the impugned trademark. The court granted the exemption and leave applications, directed registration of the plaint, issued summons, and issued notice on the stay application with directions for filing reply and rejoinder.
The Principal Commissioner of Income Tax 1, Vadodara v.M/s Sun Pharma Sikkim
The Revenue filed tax appeals under Section 260A of the Income Tax Act, 1961, challenging the common order dated 24.08.2022 passed by the Income Tax Appellate Tribunal, D-Bench Ahmedabad, for Assessment Years 2013-2014 and 2012-2013. The Revenue raised multiple substantial questions of law regarding the assessee's claim for deduction under Section 80IE, including issues relating to the authenticity of documents for purchase of plant and machinery, splitting/reconstruction of existing business, rejection of books of accounts, and apportionment of various expenses. The Gujarat High Court dismissed the tax appeals, relying on its earlier decision of even date in Tax Appeal Nos. 183 and 184 of 2020 for the same assessee covering Assessment Years 2010-2011 and 2011-2012, where identical issues had been dismissed.
Geekay Enterprises v.Ganesh Builders & Ors.
Geekay Enterprises (Plaintiff) filed an Interim Application seeking a temporary injunction to restrain the Defendants from creating third-party rights or undertaking construction on a suit property in Village Nahur, Mumbai, in connection with a redevelopment scheme. The Plaintiff claimed rights to balance FSI under an Agreement dated 28 October 1997, after M/s. Ganesh Builders had constructed 'Samata Apartments' on part of the property. The Bombay High Court rejected the Interim Application, holding that the Plaintiff failed to establish a prima facie case, that the suit was not filed with necessary alacrity given an 11-year delay, and that the Plaintiff could be adequately compensated in monetary terms.
Marc Enterprises Pvt. Ltd. v.Vikash Garg Trading As Royal Cable Industries & Ors.
The petitioner, Marc Enterprises Pvt. Ltd., filed a petition under sections 47, 57 and 125 of the Trade Marks Act, 1999 seeking removal, cancellation, or expungement of the impugned trademark registration bearing No. 1320709 in Class 09. The matter was received on transfer from the Co-ordinate IPD Bench as connected matters were pending before the court. The court allowed the application for summoning electronic records from the Registrar of Trademarks, granted exemption subject to just exceptions, and issued notice to the respondents with directions to file reply within 30 days.
M/s. Tata Consultancy Services Ltd v.The Asst. Commissioner (CT), VMU-1
M/s. Tata Consultancy Services Ltd (TCS) challenged assessment orders passed by the Assistant Commissioner (CT) demanding VAT of Rs.52,39,44,119/- on a service turnover of Rs.11,50,52,48,700/- for the assessment years 2010-11 to 2012-13, on transactions involving custom-made/customized software development and issuance of Digital Signature Certificates. TCS contended that these were pure service transactions on which Service Tax had already been paid under the Finance Act, 1994, and that no VAT was leviable. The Telangana High Court allowed the writ petitions, holding that the transactions did not constitute a 'sale' of goods and therefore could not attract VAT under the TGVAT Act, 2005, and set aside the impugned assessment orders.
The Principal Commissioner of Income Tax, Vadodara-2 v.M/s Sun Pharma Sikkim
The Revenue filed tax appeals under Section 260A of the Income Tax Act, 1961, challenging the Income Tax Appellate Tribunal's common order dated 16.05.2019 that allowed M/s Sun Pharma Sikkim's claim for deduction under Section 80IE for Assessment Years 2010-2011 and 2011-2012. The Gujarat High Court examined multiple substantial questions of law concerning the genuineness of plant and machinery purchases, whether the assessee firm was constituted by reconstruction of an existing business, and the apportionment of selling, distribution, and R&D expenses. The Court found no reason to interfere with the concurrent findings of fact recorded by the Tribunal and dismissed both appeals.
Hahnemann Scientific Laboratory India v.Registrar Of Trademarks
This is a brief procedural order from the Delhi High Court in a writ petition filed by Hahnemann Scientific Laboratory India against the Registrar of Trademarks. The matter could not be taken up on the scheduled date because the Supreme Court had directed the presiding judge to hear a certain batch of matters on a day-to-day basis. The court re-notified the matter for hearing on 18th December 2026.
VKC Nuts Private Limited v.Connedit Business Solutions Private Limited & Anr.
VKC Nuts Private Limited filed a petition under Section 57 of the Trade Marks Act, 1999 before the Delhi High Court seeking cancellation of trademark registration No. 6656555 in Class 29 held by Connedit Business Solutions Private Limited. During proceedings, Respondent No. 1 voluntarily agreed to withdraw the impugned registration, while reserving its right to enforce common law rights through separate legal proceedings. The Court accepted the respondent's statement as binding and disposed of the petition accordingly.
Gufic Bioscience Ltd & Anr v.The Varma Pharmacy Private Limited & Anr
The Delhi High Court disposed of interlocutory applications in a rectification petition filed by Gufic Bioscience Ltd & Anr against The Varma Pharmacy Private Limited & Anr. The Court allowed the exemption application and condoned a one-day delay in re-filing the rectification petition. Notice was issued to the Respondents in the main petition seeking cancellation of trademark registration no. 2533114 under Class 05, returnable on 08.12.2026.
M/s. Goldmedal Electricals Pvt. Ltd. v.Saurabh Kumar Agarwal & Anr. (Shyam Singh)
M/s. Goldmedal Electricals Pvt. Ltd. filed a commercial suit against Saurabh Kumar Agarwal and Shyam Singh seeking a permanent injunction restraining the defendants from infringing or passing off its registered 'GOLDMEDAL' trademarks and copyrights. The plaintiff applied for summary judgment under Order XIII-A of the Code of Civil Procedure, 1908. The court allowed the application, granted a decree of permanent injunction against Defendant No. 1, awarded damages of Rs. 3,00,000/- and legal fees of Rs. 1,00,000/-, and dismissed the suit against Defendant No. 2 as not pressed.
Amar Tulsiyan, Proprietor of M/s Wizard Fragrances v.Corona Plus Industries Limited
This is an ex-parte judgment in a trademark and copyright infringement suit filed by Amar Tulsiyan, proprietor of M/s Wizard Fragrances, against Corona Plus Industries Limited. The plaintiff alleged that the defendant issued groundless threats through legal notices and letters regarding the plaintiff's trademarks SHUDH, SHUDH PLUS, and SHUDH PLUS ULTRA LABEL used in relation to supari, pan masala, gutkha, and related goods. The court ruled in favor of the plaintiff, declaring the threats illegal and granting a permanent injunction restraining the defendant from using identical or deceptively similar marks, though no damages were awarded due to lack of evidence.
Rajat Gupta v.The State NCT Of Delhi
Rajat Gupta filed an anticipatory bail application before the Delhi High Court in connection with FIR No. 109/2026 registered at Police Station Crime Branch for offences under Sections 318(4)/336(4)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 63/65 of the Copyright Act, 1957, relating to manufacturing and sale of counterfeit automobile spare parts bearing trademarks of reputed companies. The State opposed bail, contending that custodial interrogation was necessary as the applicant was part of an organized counterfeit syndicate. The Court observed that the only incriminating material against the applicant was the disclosure statement of his brother Harshit (who had already been granted bail) and directed the applicant to join investigation, with no further precipitative steps to be taken till the next date of hearing.
Exquisite Co-operative Housing Society Ltd. and Ors. v.Oberoi Realty Limited and Ors.
This interim application was filed by Defendant No.1, Oberoi Realty Limited, seeking rejection of the plaint under Order 7 Rule 11 of the Code of Civil Procedure for the Plaintiffs' failure to exhaust mandatory pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015. The underlying suit was filed by Exquisite Co-operative Housing Society Ltd. and flat purchasers against the developer and municipal authorities, seeking declarations regarding their undivided share in land and FSI, injunctions against ongoing construction, and conveyance of their share. The Bombay High Court rejected the application, holding that the suit genuinely contemplated urgent interim relief due to the continuing nature of the alleged wrong, and the prayer for interim relief was not a mere camouflage to bypass the statutory mediation requirement.
Activision Publishing Inc v.Oao Info India Pvt Ltd
This entry does not constitute a judgment but rather a cause list entry from the Bombay High Court dated 21 August 2026. Two matters filed by Activision Publishing Inc against OAO Info India Pvt Ltd were listed as fresh matters (COMMP(L)/27173/2026 and COMMP(L)/27270/2026) before Justice Somasekhar Sundaresan. As per the board's header note, the petitioner was directed to issue private notice, and the matters were to be listed as post-notice matters three weeks later on 18 September 2026.
Mold-Tek Packaging Limited v.Pronton Plast Pack Pvt. Ltd.
This is a patent infringement suit filed by Mold-Tek Packaging Limited against Pronton Plast Pack Pvt. Ltd. before the Delhi High Court, concerning alleged infringement of suit patents bearing Nos. 401417 and 298724. The Defendant has raised a counter-claim seeking revocation of the patents and alleged suppression of material facts by the Plaintiff. The court, with the consent of the parties, settled the issues for trial and directed the filing of witness lists and evidence affidavits, listing the matter before the Joint Registrar on 30.09.2026.
Fifth Generation Inc. v.Tito's Resorts and Hospitalities Private Limited & Anr.
The Supreme Court of India disposed of two transfer petitions filed by Fifth Generation Inc. (makers of Tito's Handmade Vodka) against Tito's Resorts and Hospitalities Private Limited after the parties reached a mediated settlement. The dispute concerned the use of the 'TITO'S' trademark in India across liquor and hospitality businesses. The Court recorded the settlement agreement dated 04.08.2026, which established terms for coexistence, restricted use of the mark in specific business segments, and mandated withdrawal of all pending opposition, cancellation, criminal, excise, and civil proceedings between the parties.
State v.Amar & Anr.
The State prosecuted Amar and Umesh Chand Sharma for offences under Section 63 of the Copyright Act and Section 104 of the Trademark Act, alleging they were found in possession of counterfeit Gillette foam bottles bearing falsified trademarks at shops in Sadar Bazar, Delhi. The prosecution's case was primarily rooted in the testimony of the complainant, Titu Sharma, who during examination as PW-1 failed to depose as per the prosecution version and failed to identify the accused persons and the case property. The Additional Chief Metropolitan Magistrate held that the prosecution failed to prove its case beyond reasonable doubt and acquitted both accused persons.
Himalayan Hotels Pvt Ltd v.The Registrar of Trademarks Government of India Trademarks Registry
This is a procedural order from the Delhi High Court in a trademark appeal filed by Himalayan Hotels Pvt Ltd against the Registrar of Trademarks. The court listed the matter for the next date of hearing on 22 September 2026, with no substantive ruling or detailed reasoning provided in the order.