India IP Litigation
7,068 annotated decisions
Page 37 of 295 · 7,068 total
Sun Pharmaceutical Industries Ltd. v.Oziel Pharmaceuticals P. Ltd. & Anr.
The Delhi High Court allowed a joint application for a consent decree in the dispute between Sun Pharmaceutical Industries Ltd. and Oziel Pharmaceuticals P. Ltd. The parties reached an amicable settlement regarding trademark infringement concerning 'PEPFIZ' and 'MINOZ'. Key terms include Defendants recognizing Plaintiff's exclusive rights, agreeing to cease use of deceptively similar marks like 'PEPFIX' and 'MINOZIL', and changing the product name from 'MINOZIL' to 'MINODYL'. The court partially decreed the suit based on these binding settlement terms.
Andreas Gutzeit v.The Controller General Of Patents Designs and Trademark And Anr.
Andreas Gutzeit appealed a decision by the Controller General of Patents which rejected his patent application, "Blood Flow Control System and Method for In-vivo Imaging and Other Application," primarily on grounds of non-compliance with Section 59 of the Patents Act. The core dispute centered on whether the amendment—specifically changing the claim from a method to a system—was permissible under the law. The Calcutta High Court found serious infirmities in the Controller's order, noting that it failed to properly assess if the amendments broadened the scope beyond the original specification. Consequently, the court set aside the rejection and remanded the matter for fresh adjudication on the merits.
Taiho Pharmaceutical Co Ltd v.The Controller Of Patents
Taiho Pharmaceutical appealed a refusal order by the Controller of Patents regarding its application for a novel piperidine compound. The rejection was based on lack of inventive step and non-patentability under Section 3(d), citing prior art D1. The High Court found that the Controller failed to identify a specific 'known substance' from the Markush structure in D1, making the rejection unsustainable.
Nocil Ltd v.Finorchem Ltd And Anr
The defendants filed an application seeking revocation of the dispensation granted under Section 12A of the Commercial Courts Act, 2015. The dispute involves allegations of patent infringement and breach of confidentiality concerning the manufacturing process of 4-ADPA. The court ruled that the plaintiff had sufficiently pleaded urgency based on a holistic reading of the plaint.
Ayka Tech And Systems Pvt Ltd v.Yash Tiwari & Anr.
The Delhi High Court framed key issues in the trademark infringement suit filed by Ayka Tech And Systems Pvt Ltd against Yash Tiwari & Anr. The core dispute revolves around whether the defendants breached an MoU and infringed upon the 'Salestown' trademark used for a CRM software. Crucially, the court clarified that while injunctions are sought regarding 'Salestown,' the defendants remain free to use any other CRM software in their business.
Raj Kumar Proprietor Of Ms Royal Pets Cart v.Pooja Ahirwar Proprietor Of Ms Aselfy Enterprises
The Delhi High Court granted an interim injunction in favor of the plaintiff, Raj Kumar Proprietor Of Ms Royal Pets Cart, against Pooja Ahirwar Proprietor Of Ms Aselfy Enterprises. The court found that the defendant's pending trademark application for 'ROYAL PETS CART/' was deceptively similar to the plaintiff's established mark and constituted a prima facie case of infringement. Consequently, the defendant was restrained from using the impugned mark in relation to identical goods until the final hearing.
Signatureglobal (India) Limited v.Ashok Kumar And Ors.
The Delhi High Court granted an interim injunction in favor of Signatureglobal (India) Limited, a leading real estate developer. The court found that the plaintiff had made out a prima facie case regarding trademark infringement and passing off by various online entities imitating its brand 'SIGNATUREGLOBAL'. Consequently, the defendants were directed to immediately take down or block all infringing websites and were restrained from registering similar domains, protecting the company's digital presence and consumer trust.
Microtex Energy Private Limited v.Microtek International Private Limited and Anr.
The Delhi High Court initiated proceedings in C.O. (COMM.IPD-TM) 116/2025, where the petitioner sought the cancellation of the trademark 'MICROTEK TECHNOLOGY WE LIVE' (No. 3482800). The court issued notice to all respondents and set a timeline for filing replies and rejoinders. Several ancillary applications regarding document submission and procedural matters were also disposed of by the court.
Jk Lakshmi Cement Limited v.Ram Kumar & Anr.
The Delhi High Court issued a significant order in the dispute between Jk Lakshmi Cement Limited and Ram Kumar & Anr., addressing both rectification and interim stay applications. The court granted an interim stay on the registration of trademark No. 5849311, recognizing the petitioner's prior rights concerning similar packaging and marks (JK/JKLC). Furthermore, the court directed the initiation of formal proceedings for the rectification of the impugned mark in Class 19, setting clear timelines for notice and response from all parties.
The Football Association Premier League Limited v.Sportshub.Stream & Ors.
The Football Association Premier League Limited filed a suit against various defendants and websites alleging widespread copyright infringement through unauthorized streaming of its content. The court addressed several procedural applications, granting the plaintiff exemption from pre-litigation mediation and advanced service requirements concerning regulatory authorities like DoT and MEITY. Furthermore, the court registered the plaint as a formal suit, allowing the plaintiff to proceed with seeking permanent injunctions against infringing websites and domains.
Vertex Pharmaceuticals Incorporated v.Alivus Life Sciences Limited
The plaintiff filed a suit seeking permanent injunction and damages for infringement of Indian Patent No. IN 282654 related to Ivacaftor. The court initially allowed the exemption from pre-litigation mediation, and subsequently passed an interim order granting ex-parte injunctions against the defendant regarding the use and sale of the patented product.
Dr. Reddys Laboratories Limited v.Novo Nordisk A/S
Dr. Reddys Laboratories Limited filed a petition seeking the revocation of Indian Patent No. IN 262697 before the Delhi High Court. The court issued notice to the respondents (Novo Nordisk A/S) and set timelines for filing replies, while also disposing of several interlocutory applications related to procedural matters.
Viiv Healthcare Company And Anr v.Dy Controller Of Patents And Designs And Ors.
Viiv Healthcare Company appealed a decision by the Deputy Controller rejecting its patent application (IN 3865/KOLNP/2007) for HIV integrase inhibitors, Dolutegravir and Cabotegravir. The court found the rejection order unsustainable due to misinterpretation of previous orders and noted an exceptional delay in the process. Consequently, the appeal was allowed, directing fresh adjudication by another Controller.
M/S Shri Sai Entertainment Private Limited v.Sukanya Gupta
The petitioner, M/S Shri Sai Entertainment Private Limited, filed a petition to set aside an arbitral award against Mrs. Sukanya Gupta, alleging breach of contract and misuse of intellectual property related to beauty pageants. The petitioner claimed damages for her running a competing pageant shortly after the agreement expired. However, the court dismissed the petition, finding no patent illegality in the arbitrator's findings.
Viiv Healthcare Company And Anr v.Dy Controller Of Patents And Designs And Ors.
Viiv Healthcare Company appealed a decision by the Deputy Controller rejecting its patent application (IN 3865/KOLNP/2007) for HIV integrase inhibitors Dolutegravir and Cabotegravir. The appeal challenged the rejection order, citing exceptional delays in the patent process. The court allowed the appeal, setting aside the impugned order.
Torrent Pharmaceuticals Ltd v.Indorbit Pharmaceuticals P. Ltd. & Anr.
The Delhi High Court rejected Torrent Pharmaceuticals' oral request to pass a permanent injunction and decree against Indorbit Pharmaceuticals based on passing off and copyright infringement. Although the defendants failed to file written statements, the court found that the plaintiff had not sufficiently established its prior adoption and usage of the new trade dress (SHELCAL-500) since September 2022. The judgment emphasizes that while a party's failure to respond can lead to a default decree, the threshold for such an order is high, especially in complex IP matters like pharmaceutical products, necessitating full evidence and trial.
M/S Green Star Pharma Llp v.Ved Prakash Trading As Green Star Pharma
This Delhi High Court order addresses an appeal filed by M/S Green Star Pharma Llp against the Commercial Court's dismissal of its interim injunction application. The core dispute revolves around the use of the 'GREEN STAR' trademark in the pharmaceutical sector. While the appellant relies on passing off, the court raises significant questions regarding the timing and scope of goodwill acquisition, especially given the respondent's earlier registered device mark.
Jindal Steel And Power Limited v.Jp Structures Private Limited
In this ongoing trademark infringement dispute, Jindal Steel And Power Limited challenged the trial court's decision to delete Defendant No. 1 (Jp Structures Private Limited) from the case. The petitioner argued that Defendant No. 1 was a necessary party because they were the original user of the infringing goods and disclosed the names of subsequent suppliers. The High Court directed notice be issued, ensuring the matter would be heard on July 3rd, allowing the dispute over party status to continue.
Ms C R Auluck And Sons Private Limited v.Ms Dharamlaxmi Machines Private Limited & Anr.
The Delhi High Court granted a stay on the registered trademark 'DHARMLAXMI' belonging to the respondent, in favor of the petitioner who owns 'LUXMI'. The court found prima facie evidence suggesting deceptive similarity between the two marks and products (sewing machines), noting that the respondent was using the mark in a manner different from its registration. This interim order is crucial for the petitioner as it prevents the respondent from continuing to operate under the disputed trademark while the rectification petition proceeds.
Mankind Pharma Limited v.Zhejiang Yige Enterprise Management Group Co Ltd
Mankind Pharma Limited appealed a decision by the Deputy Registrar of Trade Marks regarding an opposition filed against the trademark 'FLORASIS'. The Delhi High Court granted condonation of a 7-day delay in filing the appeal, allowing the matter to proceed. Notice has been issued to all parties, setting the stage for a substantive hearing on the merits of the trademark dispute.
M/S. F.K. Bearing Group Co. Ltd. v.Vinod Kumar & Anr.
In a trademark dispute concerning bearing group products, the Delhi High Court issued an order on May 14, 2025. The court noted that negotiation talks between M/S. F.K. Bearing Group Co. Ltd. and the respondents were still ongoing. Consequently, the court decided to renotify the parties for further proceedings on August 7, 2025, indicating a continued focus on out-of-court resolution.
Himalaya Global Holdings Ltd v.Jeena Sikho Lifecare Limited
The Delhi High Court issued a significant order in the trademark infringement suit filed by Himalaya Global Holdings Ltd against Jeena Sikho Lifecare Limited. The court permitted the plaintiffs to file additional documentation and, crucially, addressed the request for an ad interim injunction. While noting concerns over mark similarity and color combination usage, the court granted conditional relief, requiring the defendant (D-1) to change its packaging colors within two weeks while allowing it to exhaust existing stock.
M/S Aggarwal Trading Company v.The Registrar Of Trade Marks
M/S Aggarwal Trading Company approached the Delhi High Court seeking rectification of their trademark register entries (Registration Nos. 671443 and 671598). The petitioner argued that despite the marks being valid up to specific future dates, the online system incorrectly displayed messages indicating renewal failure due to delays. The court took cognizance of this discrepancy and issued notice to the Registrar of Trade Marks, directing them to provide clarifications regarding the validity and renewal status of both trademarks.
Rieter Ag And Anr. v.Kavassery Narayanaswamy Venkatesubramanian
The Delhi High Court dismissed a challenge by the defendant regarding territorial jurisdiction over an infringement suit involving designs, trademarks, and patents. The plaintiffs successfully argued that despite the defendant being based elsewhere, the cause of action arose in Delhi because goods were delivered to an address there following an order placed from Delhi. The court rejected the defense's claim that the transaction was merely a 'trap purchase,' affirming that the physical delivery of goods and invoicing in Delhi established the court's jurisdiction.