India IP Litigation
7,167 annotated decisions
Page 37 of 299 · 7,167 total
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.
Gameskraft Technologies Private Limited and Anr. v.John Doe And Ors
The Delhi High Court issued a significant interim order in favor of Gameskraft Technologies Private Limited regarding its online gaming platforms. The court granted permanent injunctions against defendants for infringing on the plaintiffs' registered trademarks (such as 'PLAYSHIP', 'RUMMY CULTURE') and copyrights related to their website layouts and content. Furthermore, the court directed specific defendants to compel Internet Service Providers and Mobile Network Operators to block numerous identified infringing websites and applications.
Cipla Limited v.Union Of India & Ors.
The Delhi High Court issued an order in the dispute between Cipla Limited and the Union of India regarding a trademark application. Recognizing issues with traceability of previous notices, the court allowed Cipla to proceed by granting permission to file applications for the restoration and renewal of Trademark Application No. 1694972 within two weeks. The petitioner was also directed to complete necessary procedural filings within four weeks, effectively allowing the matter to move forward.
Cy International Private Limited & Anr. v.Tejinder Pal Singh Proprietor Of Labh Singh Auto Agencies & Ors.
The Delhi High Court addressed an urgent suit filed by Cy International Private Limited against Tejinder Pal Singh Proprietor Of Labh regarding alleged counterfeiting of vehicle spare parts. The court granted interim relief, restraining the defendants from using the plaintiffs' registered trademarks and copyrighted packaging/trade dress (the 'YELLOW AND GOLD' design). However, the injunction was carefully tailored to permit the defendant to continue using their own specific registered mark in Class 12, balancing protection with commercial activity.
Mittal Electronrcs v.Shashi Kant Garg & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Mittal Electronrcs against Shashi Kant Garg & Ors. The court found that the defendants were using the identical registered trademark 'SUJATA' for allied and cognate goods, thereby infringing upon the plaintiff's established goodwill and reputation. Given the likelihood of consumer confusion and the irreparable loss to the plaintiff, the court restrained the defendants from using the mark until the final hearing.
Master Capital Services Limited & Anr. v.John Doe & Ors.
The Delhi High Court granted crucial interim relief in favor of Master Capital Services Limited regarding the misuse of its 'Master Trust' trademark. The court recognized that unidentified individuals were using the brand name on messaging platforms like WhatsApp for fraudulent investment schemes. Consequently, the court issued directions to block specific WhatsApp accounts and permanently freeze bank accounts linked to the alleged infringers, safeguarding the plaintiff's goodwill and reputation.
Malti Gupta v.Sunil Kumar Seth & Anr.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Malti Gupta against Sunil Kumar Seth & Anr. The court found a prima facie case existed regarding the infringement of the registered wordmark 'ROJGAR RESULT' and associated device mark. The defendants were immediately restrained from using the plaintiff's trademark on their competing websites, www.sarkariexam.com and www.sarkariresult.com, and were ordered to delete all infringing content.
Kickstarter, Pbc v.Kickstarter Private Limited And Anr.
The Delhi High Court granted an interim permanent injunction in favor of Kickstarter, Pbc, against Kickstarter Private Limited. The court found a prima facie case for infringement, noting that the defendant obtained registration of the identical mark 'KICKSTARTER' potentially in a dishonest manner. Given the irreparable harm to the plaintiff and the likelihood of market confusion, the defendants were immediately restrained from using the disputed trademark across all platforms.
Novo Nordisk As v.Dr. Reddys Laboratories Limited & Anr.
Novo Nordisk filed a commercial suit against Dr. Reddys Laboratories Limited regarding the manufacture and sale of an 'impugned drug'. The court addressed various interlocutory applications related to filing documents and pre-institution mediation. In relation to the main suit, the defendants stated they had a license to manufacture but not sell in India, while the plaintiff argued that export of infringing products also constitutes infringement.
M/S Mishu Enterprises v.M/S Nakshatra 13
The plaintiff, M/S Mishu Enterprises, owns and uses the distinctive mark 'MACHHMANI' for selling sea stones and related jewellery. The plaintiff filed a suit against the defendant, M/S Nakshatra 13, alleging unauthorized use of the same mark to deceive the public. The court found in favor of the plaintiff, granting permanent injunctions.