India IP Litigation
7,068 annotated decisions
Page 38 of 295 · 7,068 total
Alkem Laboratories Ltd. v.M/S Martin And Brown Biosciences & Ors.
Alkem Laboratories Ltd. filed a Rectification Petition against M/S Martin And Brown Biosciences & Ors., seeking the removal or cancellation of the trademark registration 'SOMI-MB' (No. 5982177) in Class 5, arguing that it is confusingly similar to their existing mark 'SUMO'. The Delhi High Court issued notice to the respondents and set timelines for filing written synopses and replies, indicating that the matter will proceed through formal litigation.
94 Cedar Properties And Trading Llp & Ors v.Shri Munish Thakur & Anr
The Delhi High Court addressed petitions alleging wilful disobedience of undertakings related to a previous settlement concerning the trademark 'DROTIN' and its variants. The petitioner alleged that the respondent was using the deceptively similar mark 'DROTINXT' in medicinal preparations, constituting contempt of court. Consequently, the Court issued notice to the respondents, setting a date for their returnable appearance.
Glossy Paints India Pvt Ltd & Anr. v.Nippon Paint (India) Private Limited & Ors.
The Delhi High Court has formally registered the trademark infringement suit filed by Glossy Paints India Pvt Ltd against Nippon Paint. While addressing various interlocutory applications, the court allowed the plaintiffs to file additional documents and exempted them from pre-institution mediation. Crucially, the court also initiated proceedings for an interim injunction, setting a date for further arguments on the matter of trademark infringement.
Pc Laminations v.Sk Microworks Co Ltd & Ors.
The petitioner, Pc Laminations, filed a petition seeking the revocation of Indian Patent IN437049. The court also addressed several interlocutory applications related to procedural matters like exemption from certified copies and permission to file additional documents.
Moti Mahal Delux Management Services Pvt Ltd & Ors. v.M/S Universal Corporation & Anr.
The Delhi High Court granted an ad-interim injunction in favor of Moti Mahal Delux Management Services against Universal Corporation. The court found that the plaintiffs had established a prima facie case regarding trademark infringement and passing off, noting the long history and exponential growth of the 'Moti Mahal' brand since 1920. Given the risk of irreparable harm to the plaintiff's goodwill, the defendant was immediately restrained from using identical or deceptively similar marks like 'MOTI MAHAL DELUX TANDOORI TRAIL'.
Christian Louboutin Sas & Anr. v.M/S Italian Shoes Co. & Ors.
In this ongoing intellectual property dispute, Christian Louboutin SAS sought various procedural reliefs in the Delhi High Court against M/S Italian Shoes Co. The court granted several applications, including allowing the plaintiffs to file additional documents and granting exemption from pre-institution mediation due to the suit's urgent nature. Crucially, the order also addressed the core infringement claim, setting up the case for permanent injunctions related to trademark infringement, copyright violation of shoe images, and passing off concerning the signature 'RED SOLE' style.
Hell Energy Magyarorszag Kft v.Sipsnap Soda Llp & Ors
The Delhi High Court issued a comprehensive order in the trademark infringement suit filed by Hell Energy against Sipsnap Soda. The court allowed several procedural applications, including granting exemptions from mandatory pre-litigation mediation and advanced service upon the defendants. Crucially, the court permitted the plaintiff to appoint a Local Commissioner to conduct search and seizure of evidence at the defendant's premises, ensuring the preservation of potential infringing materials. This order moves the case forward by formalizing the suit for permanent injunction regarding the 'HELL ENERGY' trademark and trade dress.
Hero Investcorp Pvt Ltd And Anr v.Ashok Kumar (John Doe)
The Delhi High Court granted interim relief to Hero Investcorp Pvt Ltd in its suit against an unidentified entity manufacturing and selling counterfeit two-wheeler spare parts. The court recognized the Plaintiffs' registered trademarks and trade dress associated with 'HERO GENUINE PRODUCTS.' Crucially, the court appointed a Local Commissioner to execute a search and seizure commission at the Defendant's premises to recover infringing goods, setting the stage for further litigation.
The Regents of the University of California & Others v.Union of India & Others
The petitioner challenged the actions of the Opposition Board regarding an interlocutory application related to their granted patent. The dispute centered on procedural infirmities in the post-grant opposition proceedings, specifically concerning the admissibility of evidence filed by the respondent. The court held that since the matter was still pending before the Hearing Officer and no final decision had been reached, the writ petition was premature.
Johnson And Johnson Consumer Companies Inc v.The Controller Of Patents
Johnson And Johnson Consumer Companies filed an application seeking to amend and file an auxiliary claim set in their patent appeal. The core legal question was whether such amendments were permissible at the appellate stage and if they complied with Section 59 of the Patents Act, 1970. The Court analyzed precedents regarding amendment powers and found that the proposed changes narrowed the scope of the original claims by adding specific agents. Consequently, the court allowed the amendments and took the auxiliary claims on record.
Sun Patent Trust v.Vivo Mobile Communication Co. Ltd.
The defendants filed an application seeking correction and interpretation of a prior court order, arguing that it implied the plaintiff had complied with FRAND obligations. The Court found that the defendants were not seeking a clerical correction but rather modification/interpretation of pending issues related to SEP compliance. Consequently, the application was dismissed as premature.
Montblanc-Simplo Gmbh v.Ms. Jasmin Chandrakant Vora & Ors.
In this trademark infringement suit, Montblanc-Simplo Gmbh sought permanent injunctions and damages against the defendants for using its registered trademarks and devices. The court noted the parties' initial request for exemption from mediation but ultimately referred them to pre-litigation mediation. Subsequently, the defendants assured the court that they would withdraw infringing products from e-commerce sites within a week and were granted time to file an undertaking confirming their non-infringement intentions.
Ms Khatema Fibres Limited v.Dr Rakesh Chandra Rastogi & Ors.
The Delhi High Court issued an order allowing Ms Khatema Fibres Limited to proceed with a rectification petition against the registered trademark 'KHATEMA' held by Defendant No. 1. The court formally initiated the proceedings, granting both parties specific timeframes—four weeks for the defendant's reply and six weeks for filing composite written synopses in related applications. This order sets the stage for a detailed legal battle over the validity of the trademark registration.
Castrol Limited And Anr v.Darshan Rajkumar Gurnani And Ors
The Delhi High Court issued a comprehensive order in the trademark infringement suit filed by Castrol Limited against Darshan Rajkumar Gurnani. The court granted several procedural exemptions to the plaintiffs, including exemption from pre-litigation mediation and advance service notice, citing the need for immediate action regarding search and seizure of counterfeit goods. Crucially, the Court allowed the appointment of a Local Commissioner with extensive powers to seize infringing products, examine accounts, and gather evidence at the defendants' premises, setting the stage for robust litigation.
Abbott Product Operations Ag & Anr. v.Medinox Pharmaceuticals & Ors.
In a significant development concerning trademark infringement, the Delhi High Court issued an order compelling Defendants No. 1 and 2 (pharmaceutical distributors) to immediately cease manufacturing medicines bearing the impugned trademark 'DUPHAMED' or any variation using 'DUPHA'. This interim relief was granted in the context of urgent proceedings, while also allowing time for existing stock disposal. The court further streamlined procedural requirements by granting exemptions related to document filing and pre-institution mediation.
Ms Cafe Brown Sugar Pvt Ltd v.Vyom Foodcraft Pvt Ltd & Anr.
The Delhi High Court addressed an application seeking to introduce additional documents related to trademark applications and assignments in a commercial suit. The court, emphasizing that procedure is the handmaid of justice, permitted the plaintiff to place statutory Trademark Registry documents on record, despite their belated submission. However, the court rejected a third-party legal notice as irrelevant to the pleadings. This order allows the litigation to proceed with expanded evidence while ensuring procedural fairness for both parties.
The Football Association Premier League Limited v.Yoghurt Tv & Ors.
The Football Association Premier League Limited filed a suit seeking permanent injunction for the infringement of its copyrighted content by various 'Rogue Apps' like Yoghurt TV. The court initially granted procedural exemptions sought by the plaintiff regarding pre-litigation mediation and advance service upon regulatory bodies (DoT/MEITY). Crucially, the court also passed a significant temporary injunction order, granting a 'Dynamic+' relief to protect its works against ongoing infringement across various platforms.
Crystal Crop Protection Limited v.Safex Chemicals India Limited
Crystal Crop Protection Limited filed a suit seeking permanent injunction against Safex Chemicals India Limited for infringing its registered patent no. 417213, which covers a novel weedicidal formulation. The plaintiff alleged that the defendant's product 'RACER' had an identical composition to the patented invention. However, while considering the interim injunction application, the Delhi High Court found that the plaintiff failed to establish a prima facie case because the element of 'dyeing agent or pigment' was not proven to be non-essential in the patent claim. Consequently, the court dismissed the injunction request.
Luxottica Group S.P.A. v.Azad Optical Co. India & Ors.
The Delhi High Court issued a series of orders in favor of Luxottica Group S.P.A., which is seeking relief against counterfeiters selling 'RAY-BAN' products. The court granted the plaintiff exemptions from pre-litigation mediation and advance service, while also allowing the filing of additional documents and deficit court fees. Crucially, the court allowed an ad interim injunction, permitting a Local Commissioner to conduct search and seizure operations at the defendants' premises, including assistance from local police, to curb large-scale trademark infringement.
Ashok Kumar Bhatia Trading As Kanika Impetus v.Kamal Raheja Trading As Amaira Herbals
The Delhi High Court issued an interim stay on a Commercial Court's order that had made an ad-interim injunction absolute. The dispute centered on the alleged infringement and passing off concerning the identical trademark 'MARKS GO' used for skin products by both parties. While noting procedural deficiencies in the lower court's decision regarding passing off principles, the High Court ultimately decided to stay the operation of the restrictive order pending a full appeal hearing.
Pankaj Plastic Industries Private Limited v.Anita Anu
This case before the Calcutta High Court involved an application by Pankaj Plastic Industries Private Limited seeking to revoke a dispensation granted under Section 12A of the Commercial Courts Act, 2015. The plaintiff alleged trademark and copyright infringement against Anita Anu for using the deceptively similar mark 'Poly Punkaj'. However, the court found that the plaintiff failed to provide adequate justification for the nine-month delay between discovering the issue (January 2024) and filing the suit (September 2024). Consequently, the application seeking revocation was dismissed.
Pankaj Plastic Industries Private Limited v.Anita Anu
This case before the Calcutta High Court concerned an application seeking revocation of a dispensation granted to the plaintiff (Pankaj Plastic Industries Private Limited) allowing them to bypass pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. The plaintiff alleged trademark and copyright infringement by the defendant using 'Poly Punkaj'. However, the court found that the plaintiff failed to provide a satisfactory explanation for the nine-month delay between becoming aware of the infringement (January 2024) and filing the suit (September 2024). Consequently, the court allowed the application seeking revocation of dispensation.
Pankaj Plastic Industries Private Limited v.Anita Anu
This case before the Calcutta High Court involved an application by Pankaj Plastic Industries Private Limited seeking to revive its trademark infringement and passing off suit against Anita Anu. The core dispute centered on whether the plaintiff could override a previous court order that required adherence to pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. The defendant argued that the nine-month delay between the alleged knowledge (January 2024) and filing the suit (September 2024) was unexplained, suggesting an artificial creation of urgency.
Trodat Gmbh & Anr. v.Addprint India Enterprises Pvt Ltd
This case involves a dispute over the infringement of registered stamp designs. The defendant, Addprint India Enterprises Pvt Ltd, sought clarification regarding an interim injunction that had previously restrained it from manufacturing products deemed imitations of the plaintiffs' (Trodat Gmbh & Anr.) designs. The defendant proposed a new, alternative design and argued that it was sufficiently distinct to avoid infringement. The court examined the visual differences between the two designs and granted prima facie permission for the defendant to proceed with the manufacture and marketing of this modified product.