India IP Litigation
7,068 annotated decisions
Page 31 of 295 · 7,068 total
Ram Roop Singh Trading As M/S Durga Trading Co. v.Girjesh Singh Trading As M/S Murli Trading Co.
Ram Roop Singh Trading As M/S Durga Trading Co. filed a commercial suit against Girjesh Singh Trading As M/S Murli Trading Co., alleging infringement of trademarks and copyrights related to edible products. The Delhi High Court addressed several interlocutory applications, granting the plaintiff exemption from pre-litigation mediation due to the potential health risks associated with substandard goods. Furthermore, the court condoned a delay in re-filing the suit, allowing the main plaint seeking permanent injunction for infringement to be registered and listed before the court.
M/S Sita Ram Iron Foundry And Engineering Works v.Hindustan Technocast (P) Ltd.
The Delhi High Court dismissed a rectification petition filed by M/S Sita Ram Iron Foundry against Hindustan Technocast regarding the trademark 'BADAL'. The petitioner alleged that the respondent's registration was obtained through fraud and fabricated documents. However, the court held that while anomalies in the respondent's documentation were noted, the petitioner failed to establish the veracity of their claims on the face of it. Consequently, the cancellation of the long-standing mark could not be granted without a thorough evidentiary test before the Trial Court.
UltraTech Cement Limited v.Jai Shree Krishna Cement & Anr.
The Bombay High Court allowed an interim application filed by UltraTech Cement, finding that the defendants were willfully disobeying a prior court order restraining them from using deceptively similar trademarks. To enforce compliance and stop the continuing wrong, the Court ordered the attachment of the bank accounts belonging to two defendant partners for a period of six months. This action underscores the judiciary's willingness to use stringent measures under Order XXXIX, Rule 2A CPC to protect registered well-known trademarks against persistent infringement.
Sunil Niranjan Shah v.Vijay Bahadur
The Delhi High Court addressed several interlocutory applications in a trademark infringement suit filed by Sunil Niranjan Shah against Vijay Bahadur. Crucially, the court granted the plaintiff exemption from mandatory pre-institution mediation, citing the defendant's suspicious conduct and history of similar infringing activities through related parties. The court also directed the defendant to appear physically on the next date of hearing, signaling continued judicial scrutiny over the matter.
Mankind Pharma Limited v.Caremankind Hospital Private Limited
Mankind Pharma Limited successfully secured an interim injunction against Caremankind Hospital Private Limited in the Delhi High Court. The court found a prima facie case for infringement and passing off, noting that the defendant was using identical or deceptively similar marks ('MANKIND'/'CAREMANKIND') in relation to similar services. This crucial early ruling protects Mankind Pharma's established brand equity while the main suit proceeds.
Lt Foods Limited v.Murli Flour Mills P Ltd
Lt Foods Limited successfully secured an interim injunction against Murli Flour Mills P Ltd in the Delhi High Court. The plaintiff, a major player in the rice and food category, alleged that the defendant was infringing its registered trademarks 'DAAWAT' and 'DAWAT' by using an identical mark for premium 'Jeera'. The court found a prima facie case of infringement and passing off, granting immediate relief to prevent consumer confusion while the suit proceeds.
Tvs Motor Company Limited v.The Deputy Controller of Patents and Designs, The Patent Office
TVS Motor Company appealed the rejection of its Indian Patent Application No. 784/CHE/2012 for an 'Accelerator Safety Control Device'. The Controller rejected the application citing lack of inventive step based on prior art documents D1-D3, which were primarily related to four-wheeler vehicles. The High Court set aside the impugned order and remanded the matter for reconsideration.
L And T Valves Limited v.M/S Ksa Valve Control Inc. & Ors.
In a case concerning the alleged passing off of its goods, L And T Valves Limited successfully secured several critical interim reliefs from the Delhi High Court. The court exempted the plaintiff from pre-litigation mediation due to the sensitive nature of the industry (defence, aerospace, oil & gas). Crucially, the court allowed the appointment of a Local Commissioner with powers to search and seize infringing products at the defendants' premises, providing a strong procedural step in the ongoing trademark infringement suit.
Pankaj Yadav v.Union Of India And 2 Others
The Allahabad High Court dismissed a writ petition filed by Pankaj Yadav against the Union of India and others. The petitioner sought intervention regarding alleged violations of the Trade Marks Act, 1999, by a third respondent manufacturing a similar product. However, the court found that the petitioner lacked an individual grievance or public interest standing to invoke its extraordinary jurisdiction, leading to the petition's dismissal.
Adventia Pharma, S.L & Anr. v.The Assistant Controller of Patents and Designs
Adventia Pharma appealed against the Assistant Controller's order dated January 29, 2025, which refused to grant a patent for Indian Patent Application No. 202117035025. The court allowed applications for exemption and condonation of delay before directing parties to file synopsis and list the case.
Gruner Ag v.Guangxi Ramway Technology Co. Ltd.
The plaintiff filed a suit seeking permanent injunctions and damages against the defendants for alleged patent infringement. The court registered the plaint as a suit, issued summons, and set timelines for filing written statements and replication. Various interim applications regarding stay, additional documents, and directions to Customs were also addressed.
Albemarle Corporation v.The Controller Of Patents
Albemarle Corporation appealed the refusal of its patent application (No. 2897/DELNP/2012) by the Controller of Patents, which cited lack of novelty and inventive step. During the appeal, the appellant sought to file an auxiliary claim set restricting the scope to a process aspect for cleaning polyurethane foam. The Court allowed this amendment and remanded the matter for fresh examination.
Moti Mahal Delux Management Services Pvt Ltd v.M/S. Soni Hospitality Services & Anr.
The Delhi High Court decreed a trademark infringement suit between Moti Mahal Delux Management Services and Soni Hospitality Services based on an amicable settlement. The defendant acknowledged the plaintiff's registered trademarks ('Moti Mahal', 'Tandoori Trail') and agreed to cease all use of confusingly similar marks, hand over promotional materials, and adhere strictly to the terms of a new franchise agreement. This judgment highlights how parties can resolve complex IP disputes through negotiated settlements.
Pawan Kumar Mittal Proprietor, Salasar Dev Basmati House v.Vijay Gupta & Ors.
The Delhi High Court overturned a District Judge's refusal to grant an ex parte ad interim injunction in a trademark infringement case. The court held that the lower court failed to provide any reasoning for its disinclination, which is legally unsustainable when addressing such urgent relief. Citing precedent regarding passing off and infringement, the High Court emphasized the necessity of immediate action, including appointing a Local Commissioner, if a prima facie case exists.
Reliance Retail Limited v.Ashok Kumar & Ors.
The Delhi High Court allowed Reliance Retail Limited to proceed with its trademark infringement suit against Ashok Kumar & Ors. The court granted several procedural exemptions, including waiving mandatory pre-litigation mediation due to the matter involving mass consumer deception and financial fraud. Furthermore, the plaintiff was exempted from advanced service upon certain defendants, allowing the main suit concerning trademark rights (Tira) to be formally registered and proceed.
Chet Chamnitiravanich v.Organovedics Through Its Partners Ms. Sonia and Mr. Nitin Gangadhar and Ors
In a significant ruling concerning trademark infringement, the Delhi High Court granted crucial interim relief to the plaintiff, Chet Chamnitiravanich. The court allowed the appointment of Local Commissioners to conduct an inventory and seize counterfeit 'MENA' soap products being manufactured and exported by the defendants. Furthermore, recognizing the urgency of stopping counterfeiting, the court exempted the plaintiff from mandatory advance service requirements against key defendants.
Oramed Ltd. v.The Controller General Of Patents And Designs & Anr.
Oramed Ltd. appealed against an order refusing patent grant for its oral insulin composition. The appeal contended that the Deputy Controller made arbitrary omissions of prior art documents and ignored crucial technical data and expert testimony when assessing inventive steps under Section 3(e) of the Patents Act, 1970.
Conqueror Innovations Private Limited v.Xiaomi Technology India Private Limited
The plaintiffs filed a suit seeking permanent and interim injunction against Xiaomi for allegedly infringing their patented technology, 'A Communication Device Finder System', which is listed as a Standard Essential Patent (SEP). The court dismissed both applications for interim injunction, citing the plaintiff's failure to establish a prima facie case of infringement and noting an inordinate delay in filing the suit.
Saurer Technologies GmbH & Co. KG. v.Jingwei Textile Machinery Co., Ltd.
Saurer Technologies GmbH & Co. KG. filed a Commercial IP Suit alleging that Jingwei Textile Machinery Co., Ltd. was infringing its patent related to textile machinery. The suit sought an injunction, based on products being imported and used in Pune, Maharashtra. However, the defendant challenged the court's territorial jurisdiction, arguing that the cause of action arose outside the Bombay High Court's purview. Consequently, the court allowed the application for return of the plaint, dismissing the amendment request as well.
Reliance Industries Ltd. v.Rivpe Technology Pvt. Ltd.
The Bombay High Court ordered the continuation of litigation between Reliance Industries Ltd. and Rivpe Technology Pvt. Ltd., but only on a conditional basis. The parties had reached a settlement understanding requiring the defendant to cease using the trademark RIO or similar marks in relation to specific businesses by December 29, 2025. The court agreed to keep the suit in abeyance until January 5, 2026, allowing time for compliance with these terms. If the defendant complies, the plaintiff will withdraw the suit; otherwise, they remain free to pursue legal action.
M/S Swagath v.Dhanturi Hari Shankar & Anr.
The Delhi High Court addressed two matters in this order. First, the petitioner was permitted to file additional documents under the Commercial Courts Act, 2015. Second, the court initiated proceedings regarding a petition seeking the cancellation of the trademark 'SWAGATH' (Registration No. 2037599). Notice has been issued to the respondents, who are required to file their replies within six weeks, setting the stage for further litigation on the core issue of trademark validity.
Staar Surgical Company v.Jagrat Natvar Dave Trading As Polymer Technologies International & Anr.
The Gujarat High Court dismissed a rectification application filed by Staar Surgical Company against the trademark 'IPC L' under No. 2511431. The court noted that despite multiple attempts by the Registry to serve notice, the applicant failed to appear or ensure proper service of process. Consequently, the application was disposed of for want of prosecution, though the petitioner retains the liberty to revive the case if difficulties are overcome.
Dabur India Limited v.Patanjali Ayurved Limited And Anr.
Dabur India Limited filed a suit seeking permanent and mandatory injunction, alleging that Patanjali Ayurved Limited disparaged Dabur Chyawanprash and the entire market class through its advertisements (TVC and Print Advertisements) for 'Patanjali Special Chyawanprash'. The court heard interim applications regarding these ads.
Msn Laboratories Private Limited v.Array Biopharma, Inc & Anr.
The petitioner filed a petition seeking revocation of Indian Patent No. IN304285 ('ERBB Inhibitors') granted to Respondent No. 1 under Section 64 of the Patents Act, 1970. The court also addressed several interlocutory applications regarding filing documents and extensions of time.