India IP Litigation
7,068 annotated decisions
Page 34 of 295 · 7,068 total
ARDENIA INVESTMENTS, LTD. v.CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS AND ANR
This case involves an appeal filed by Ardenia Investments Ltd. against a previous order dismissing its patent application for a "Drug Delivery System for administration of poorly Water Soluble pharmaceutical Active Substances." The original dismissal held that the subject matter lacked technical advancement and inventive steps, specifically citing Section 3(d) of the Act. The Calcutta High Court has issued procedural directions to the appellant regarding the continuation of the appeal.
M/S. Nichino Private Limited v.The Registrar of Trademarks
The Madras High Court overturned the Trademark Registry's refusal to register the word mark 'METAMORPH' in Class 5 (pesticides/herbicides). The court found that the Registrar erred by assuming prior long-term use of a cited mark, especially since that application was initially filed on a 'proposed to be used' basis. The judgment mandates the Registry to re-examine the case, considering the appellant's claims regarding non-similarity and potential entitlement under Section 12 of the Trademarks Act.
M/s. Dr.J.R.K's Research and Pharmaceuticals Private Limited v.The Registrar of Trademarks
The Madras High Court ruled in favor of M/s. Dr.J.R.K's Research and Pharmaceuticals Private Limited, directing the Registrar of Trademarks to accept and process a renewal application for the mark 'NATURE'S WEALTH RESTORES HEALTH.' The court held that as long as the trade mark has not been formally removed from the register, the proprietor is entitled to seek renewal, setting aside the rejection order issued by the Registry. This decision provides crucial protection against administrative hurdles preventing legitimate trademark renewals.
Moneywise Finvest Limited v.Ksn Credence Commodities Trading Private Limited
Moneywise Finvest Limited filed a trademark infringement suit against Ksn Credence Commodities Trading Private Limited regarding the use of similar marks ('STOXKART' vs 'STOCKART') in the financial services sector. While the plaintiff initially sought an urgent ex-parte injunction due to delisting from Google Play, the court noted that this issue had been resolved by the plaintiff's appeal. The court subsequently allowed various procedural applications and scheduled the matter for further consideration, allowing the suit to proceed.
Vaibhav Agarwal v.Prabhakar Kumar & Ors.
Vaibhav Agarwal, claiming ownership of the 'Haldiram' trademark, challenged the actions of the Resolution Professional (RP) regarding the Corporate Debtor, Haldiram Fincap Pvt. Ltd., citing potential IP infringement. The RP argued that the name was inherent to the corporate debtor and that Form G could not be withdrawn under the Insolvency and Bankruptcy Code. Recognizing the dispute's complexity, the Delhi High Court opted to refer the matter for mediation, encouraging an amicable resolution between the parties.
S.G.R. (777) Foods Pvt Ltd v.H.R.Marketing
S.G.R. (777) Foods Pvt Ltd successfully secured a judgment against H.R.Marketing in the Madras High Court regarding alleged infringement and passing off related to their product label and trade dress. Although the suit involved claims under both Copyright Act and Trade Marks Act, the parties reached a memorandum of compromise. The court decreed the suit based on this settlement, granting permanent injunctions and ordering the destruction of all infringing materials.
The Sun Products v.The Controller, Office of Controller General of Patents, Designs & Trade Marks
The Sun Products filed a Writ Petition seeking a direction to the Controller and Assistant Registrar of Trade Marks to reject the application for registration of the trade mark 'Alagumayil' by Sri Hari Agency, citing similarity with the petitioner's existing trade mark 'Mayiil Oma Water'. The court disposed of the petition by directing the official respondents to consider the objection and conduct an enquiry within eight weeks.
Mr.A.Ruthramoorthy v.Mr.P.Moorthy
Petitioners sought to rectify/expunge a copyright registration (A-146894/2023) for an artistic work photograph of a pump assembly, arguing that Section 15(1) of the Copyright Act renders it invalid because the article was already registered as a design. The court dismissed the petition, concluding that the Pump Assembly itself, not the photograph, was registered as a design and that the photograph did not meet the requirements of a design.
Mr.A.Ruthramoorthy, Trading as M/s.Bharani Engineering Work; Mr.R.Logenthiran, Trading as M/s.Bharani Engineering Work v.Mr.P.Moorthy; The Registrar of Copyrights
Petitioners sought rectification and expungement of a copyright registration (A-146894/2023) for an artistic photograph of a pump assembly. Petitioners argued that since the article was also registered as a design earlier, Section 15(1) of the Copyright Act should apply. However, the Court found that the work registered was the Pump Assembly itself (as a design), not the photograph/artistic work, and therefore dismissed the petition.
Jay Baba Bakreswar Rice Mill Private Limited v.Deepak Kumar Barnwal
This case involves Jay Baba Bakreswar Rice Mill Private Limited, which sought summary judgment against Deepak Kumar Barnwal for alleged infringement of its 'Swastik Brand' trademark used on rice. The petitioner claimed exclusivity over the mark despite having applied for registration. However, the court noted that the petitioner failed to disclose a material disclaimer in its registration certificate, which limited exclusive use of the device 'Swastik'. Consequently, the application was dismissed as an abuse of process.
Jay Baba Bakreswar Rice Mill Private Limited v.Deepak Kumar Barnwal
This case involves Jay Baba Bakreswar Rice Mill Private Limited, which sought summary judgment against Deepak Kumar Barnwal for alleged infringement of its 'Swastik Brand' trademark used on rice. The petitioner claimed exclusivity over the mark despite having applied for registration and obtaining copyright protection. However, the court found that the petitioner had suppressed a material fact—a disclaimer in its own registration certificate limiting exclusive use. Consequently, the application was dismissed as an abuse of process.
SML Limited v.Mohan & Company &Anr.
The plaintiff, SML Limited, filed a suit seeking permanent prohibitory injunction against Mohan & Company &Anr. for infringing its agricultural composition patent (IN'092). The infringement was alleged through the sale and marketing of products under the brand name 'Aladdin'.
Upgrid Solutions Pvt. Ltd. v.Vikas Pal And Anr.
In a trademark infringement suit filed in the Delhi High Court, Upgrid Solutions Pvt. Ltd. sought various reliefs, including permanent injunctions and damages against Vikas Pal and others. The court addressed several interlocutory applications related to the case's progression. Crucially, the court granted the Plaintiff liberty to file necessary additional documents within three weeks, allowing the litigation process to move forward while addressing procedural requirements.
Tvs Motor Company Limited v.The Assistant Controller of Patents and Designs
TVS Motor Company appealed the rejection of its patent application (No.798/CHE/2011) for an invention related to a bearing structure in an internal combustion engine. The rejection was based on lack of novelty and inventive step citing prior art D1 and D2. The High Court set aside the rejection order, emphasizing that a proper obviousness analysis must be conducted before rejecting the application.
Ramesh Chandra Sahoo v.West Bengal State Food Processing and Horticulture Development Corporation Limited
The appeal challenged an order that treated a Geographical Indication (GI) rectification application as abandoned due to procedural delays. The appellant argued that he had taken steps within the permissible time limits, including obtaining extensions under the GI Act. The High Court set aside the impugned order and remanded the matter for reconsideration.
Hamdard National Foundation (India) v.Klm Pharma Seema Aggarwal Proprietor
The plaintiffs, part of the Hamdard Group, sued KLM Pharma for infringing their well-known Unani medicine trademark 'SAFI' and its associated trade dress. The defendant was found to be using a deceptively similar mark, 'SAIFI,' for identical goods (blood purifier).
Anil Jain v.Rajan Bhutani
The plaintiff, trading as Mahavira Tractors, filed a suit seeking permanent injunctions against the defendant for trademark infringement and passing off related to 'REAL DIAMOND' (registered mark) versus 'STAR DIAMONDS' (defendant's mark) used for Mechanical Seals. The court found that the marks were not deceptively similar and the plaintiff failed to prove any damages, leading to the dismissal of the suit.
M/S Applesoft v.The Director General, Centre for Development of Advanced Computing & The Director, Centre for Development of Advanced Computing & The Secretary to Government, Department of Information Technology
M/S Applesoft filed a Regular First Appeal challenging a trial court judgment that dismissed its suit seeking permanent injunction and damages. The plaintiff claimed breach of an implied contract by Defendant No. 1 (C-DAC) related to free distribution of Tamil language software. The High Court upheld the dismissal, primarily finding that the Bengaluru Civil Court lacked territorial jurisdiction over the dispute.
Astral Limited v.Mahavir Electric And Hardware Stores
Astral Limited filed a suit against Mahavir Electric & Hardware Stores and Vikram Traders for infringement and passing off related to its well-known trademark 'ASTRAL'. The court found that the defendants were adopting and using an identical trademark on counterfeit pipes and fittings, violating Astral's exclusive rights.
Montblanc Simplo Gmbh v.Montblancindia.Com & Ors.
The Delhi High Court addressed ongoing trademark infringement issues concerning Montblanc's brand. While the court previously extended an interim injunction to prevent the use of a newly identified fraudulent domain, it ultimately de-reserved the final judgments in the core suit. This indicates that while immediate injunctive relief is maintained against new infringers, the matter will proceed towards a full trial to determine damages and resolve the main claims.
Novartis Ag v.Alembic Pharmaceuticals Limited
Novartis Ag filed a suit seeking permanent injunction and damages for infringement of its registered Indian patent (IN 283133) related to Ribociclib. The court proceeded with various interlocutory applications, including those regarding discovery and stay, while the defendant submitted that it is only engaged in permissible research and development.
Astellas Pharma Inc & Anr. v.Lucius Pharmaceutical Lucius Pharmaceuticals Lao Co Ltd & Ors.
Astellas Pharma Inc and its associates filed a suit seeking permanent injunction against Lucius Pharmaceutical for infringing their Indian Patent No. 292990, which covers the new chemical entity GILTERITINIB. The court examined the prima facie case and balance of convenience before granting an ad interim ex-parte injunction. This order restrained the defendants from manufacturing, selling, or distributing any product infringing the patent, including under the brand name LUCIGIL.
Novartis Ag & Anr v.Intas Pharmaceuticals Limited
The plaintiffs filed a suit seeking a permanent injunction and damages for the infringement of their registered Indian patent (No. 283133) related to Ribociclib. The court subsequently heard various interlocutory applications, including those regarding discovery, exemption from mediation, and an application for interim stay.
Celagenex Research India Pvt Ltd v.Pharmak & Anr.
The plaintiff filed a suit seeking permanent injunction against the defendants for infringing its suit patents. The court examined the composition of the impugned products and found that they used exactly the same salt compositions as the plaintiffs' patented formulations. Consequently, the court granted an ex parte ad-interim injunction.