India IP Litigation
7,068 annotated decisions
Page 41 of 295 · 7,068 total
Grey Swift Private Limited Through Mr. Shivam Singla v.The Registrar Of Trade Marks
Grey Swift Private Limited has appealed a rejection order from the Senior Examiner of Trade Marks regarding its wordmark 'BharatStamp' in Class 9. The examiner rejected the mark, citing lack of distinctive character under Section 9(1)(a) of the Trade Marks Act. The Delhi High Court accepted the appeal and issued notice to the Registrar of Trade Marks, setting a date for arguments on August 28, 2024.
Diageo Scotland Limited v.Prachi Varma & Anr.
Diageo Scotland Limited successfully appealed against the rejection of its opposition to a new trademark registration, 'CAPTAIN BLUE'. The Delhi High Court ruled in favor of Diageo, finding that 'CAPTAIN BLUE' was deceptively similar and constituted an imitation of Diageo's established family of marks, particularly 'CAPTAIN MORGAN'. The court set aside the previous order and directed the removal of the infringing mark from the Register, reinforcing the protection afforded to well-known brands.
Suncare Formulations Pvt. Ltd. v.Oreo Healthcare
The plaintiffs, manufacturers of pharmaceutical products under the registered trademark 'HAEMOCAL', sued defendants for using the deceptively similar mark 'HEMOCAL' and copying their unique packaging and labeling. The court found that the marks were deceptively similar and likely to cause confusion among the public.
Cryogas Equipment Private Limited v.Inox India Limited
This Supreme Court judgment addresses a complex dispute concerning alleged copyright infringement related to proprietary engineering drawings used in manufacturing LNG semi-trailers. The core issue was whether these technical drawings fell under the definition of 'design' under the Designs Act, thereby invalidating the claim for copyright protection. The Supreme Court held that determining this mixed question of law and fact could not be done at a preliminary stage (Order VII Rule 11 CPC). Consequently, the appeals were dismissed, and the Commercial Court was directed to conduct a full trial to comprehensively assess all IP claims.
Epifi Technologies Private Limited v.Formula One Licensing Bv & Anr.
The Delhi High Court allowed a rectification petition filed by Epifi Technologies Private Limited against Formula One Licensing Bv & Anr., successfully arguing that the respondent's registered mark 'F1' should be removed from the register. The court found that the impugned mark had not been used in commerce for the required continuous period, and furthermore, the respondent failed to obtain necessary regulatory approvals despite its registration date. This decision reinforces the principle that trademark registrations must reflect genuine commercial use.
Takeda Pharmaceutical Co Ltd v.Controller Of Patents And Designs And Ors.
Takeda Pharmaceutical appealed a rejection order by the Deputy Controller of Patents & Designs regarding its patent application for Novel Protein Kinase Inhibitors (Brigatinib). The rejection was based on lack of inventive steps and Section 3(d) objections. The High Court allowed the appeal, finding that the respondent failed to consider crucial supplementary data demonstrating Brigatinib's superior selectivity and therapeutic efficacy.
Advanced Electric Machines Group Limited v.The Controller of Patents Designs and Trademark
This appeal challenged the rejection of a patent application concerning an improved electrical sub-assembly for electric/hybrid vehicles, which aimed to enhance Switched Reluctance Machines (SRMs). The petitioner argued that the rejection order lacked reasoning and failed to consider key aspects of the invention. The court found significant procedural flaws in the respondent's decision, including failure to issue a proper Second Examination Report and citing foreign documents without translation. Consequently, the High Court set aside the impugned order and remanded the matter for fresh adjudication.
Syrma Sgs Electronic Pvt Ltd v.The Controller Of Patents & Anr.
The petitioner filed a petition seeking the revocation of Patent No. 483156, which relates to a backpack with an avalanche safety system. The court also addressed several interlocutory applications concerning the submission and exemption of documents. Notice was issued to all respondents for further proceedings.
Fashnear Technologies Private Limited v.John Doe/S And Ors
In a significant interim order, the Delhi High Court granted permanent injunction reliefs sought by Fashnear Technologies Private Limited against John Doe and others. The court issued sweeping directives requiring entities like NPCI, telecom service providers, and Meta Platforms to take immediate action—including blocking UPI IDs, suspending phone numbers, and removing infringing social media content—to protect the plaintiff's trademarks ('MEESHO') and copyrights. This order sets a strong precedent for how IP holders can leverage court intervention against digital infringement across multiple platforms.
UCB Pharma GMBH v.The Controller of Patents and Designs
UCB Pharma appealed an order refusing to proceed with its patent application for a solid dispersion formulation of Rotigotine. The court found that the Controller had caused inordinate delays and violated statutory timelines, compounded by citing new prior art documents at the hearing without proper notification. Consequently, the impugned order was set aside and the matter was remanded for fresh consideration.
Rajputana Investment And Finance Limited (doing business as BRD LUXE) v.Luxe Moto LLP
The Kerala High Court dismissed an appeal filed by Rajputana Investment and Finance Limited against a lower court's decision to deny a temporary prohibitory injunction. The dispute centered on whether the term 'LUXE,' used in the plaintiff's registered trademark 'BRD LUXE,' was being infringed upon by the defendant's use of 'LUXE MOTO LLP.' The High Court found that the plaintiff failed to establish a prima facie case of infringement, noting that the claim hinged on the exclusivity of a potentially descriptive term. Consequently, the court allowed the defendants to continue using their mark pending the full trial.
Kerry Ingredients India Pvt. Ltd. v.Mr. Navanath Ambre
Kerry Ingredients India Pvt. Ltd. filed appeals challenging the trial court's refusal to grant various ex-parte reliefs, including an interim injunction, appointment of a receiver, and disclosure of sensitive information from former employees (the respondents). The plaintiff alleged that these defendants had divulged confidential company data, client lists, and manufacturing processes after resigning. However, the Gujarat High Court dismissed all appeals, holding that the trial court committed no procedural or jurisdictional error in denying these urgent ex-parte orders.
M/s.STEEL STRIPS WHEELS LIMITED v.WHEELS INDIA LIMITED
The petitioner filed a Transfer Original Petition seeking revocation of Patent No. 269220, granted to Wheels India Limited for 'Vehicle Wheels Having Non-Constant Thickness Rims'. The petitioner raised grounds including lack of novelty and inventive step. The court examined these grounds and partially revoked the patent while maintaining certain claims subject to amendment.
Bts Research International Pty Ltd v.The Controller General of Patents & Designs, Mumbai
The petitioner appealed against the rejection of its patent application, which claimed a method for generating tri-hybrid cells. The Controller rejected the application under Section 3(j) of the Patents Act, arguing that the hybrid cell fell within the definition of naturally occurring organisms or biological processes. The High Court found this conclusion unsubstantiated, noting the artificial and human intervention required to create the synthetic tri-hybrid cells.
M/S. Swagath Urethane Private Limited v.M/S. Tega Industries Limited
This revision petition challenged an order rejecting a petition filed by M/S. Swagath Urethane Private Limited (the defendant in the original suit) under Order 7, Rule 11 CPC. The dispute concerned a patent infringement suit (C.S. No.01 of 2019) where the petitioner argued lack of territorial jurisdiction. The court upheld the original order, finding that the suit was properly filed based on prior judicial directions and the defendant's business location.
Vignesh Kumar Sivakumar v.The Assistant Registrar of Trademarks
The Madras High Court allowed the writ petition filed by Vignesh Kumar Sivakumar against the Assistant Registrar of Trademarks. The court quashed the order that deemed his word mark application 'LABAPEN' abandoned due to failure to respond to an opposition notice. Citing previous precedent, the court held that service via email alone is insufficient when the applicant cannot prove receipt, thereby protecting the substantive rights of trademark applicants. Consequently, both the application and the opposition were restored for fresh consideration.
R.Dilip Kumar v.The Registrar of Trademarks, M/s. Sun Pharma Laboratories Limited
The Madras High Court allowed a writ petition filed by R.Dilip Kumar against the Registrar of Trademarks, quashing an order that deemed his trademark application 'PIRALEX' abandoned. The court emphasized that the statutory right of the applicant is at stake and ruled that service of opposition via email alone, without proof of receipt, does not satisfy the legal requirement for initiating the response period. Consequently, both the trademark application and the opposition were restored to the file, allowing the petitioner a fresh opportunity to respond on merits.
Hamdard Laboratories India (Medicine Division) v.Unani Drugs Manufacturers Association (UDMA)
This appeal before the Delhi High Court involved Hamdard Laboratories India (Medicine Division) challenging an order that dismissed its applications for interim injunction. The core dispute centered on the use of the 'HAMDARD' trademark and associated products, particularly in relation to the Unani Drugs Manufacturers Association (UDMA). Hamdard alleged misleading claims by UDMA regarding market share and product categorization. However, the High Court ultimately dismissed the appeal, noting that the matter fundamentally involved a commercial dispute requiring adjudication by a specialized Commercial Court.
Hamdard Laboratories India Medicine Division v.Unani Drugs Manufacturers Association (UDMA)
Hamdard Laboratories India (Medicine Division) appealed against an order dismissing its applications, alleging that UDMA was misleading the public by claiming market dominance and associating Hamdard Food Division products with medicinal claims. The core dispute revolved around the scope of a Family Settlement Deed which divided the HAMDARD Group into Medicine and Food divisions, restricting their respective product lines. The Delhi High Court ultimately dismissed the appeal, noting that the matter fundamentally involved commercial disputes concerning IP rights and required adjudication by a competent Commercial Court.
Mankind Pharma Limited v.Preet Kamal Grewal And Anr.
Mankind Pharma Limited successfully petitioned the Delhi High Court for the removal of a conflicting trademark, 'KINDPAN,' registered by Respondent No. 1 in Class 5. The court ruled that the registration was unsustainable because Mankind is the prior adopter and well-known proprietor of the 'KIND' family of marks in the pharmaceutical sector. By allowing the petition, the High Court reinforced the principle that established goodwill and extensive use grant heightened protection to a trademark owner against confusingly similar registrations.
Glanbia Performance Nutrition Limited v.Hercules Nutra Pvt. Ltd. & Anr.
The Delhi High Court allowed a cancellation petition filed by Glanbia Performance Nutrition Limited against Hercules Nutra Pvt. Ltd., directing the removal of an identical trademark registration from the register. The court found that Glanbia was a prior user and adopter of the 'ON' mark for nutritional supplements, possessing immense goodwill in India since 2003. Given the deceptive similarity of the respondent's mark (including copying the swoosh arrow) and the identity of the goods, the registration was deemed dishonest and liable to be cancelled.
BIGTEC PRIVATE LIMITED v.The Assistant Controller of Patents and Designs
Bigtec Private Limited appealed the rejection of its Indian Patent Application No.625/CHE/2011 by the Assistant Controller of Patents and Designs. The application related to a method and kit for detecting Hepatitis B Virus (HBV) using specific nucleotide sequences. Bigtec argued that their claimed sequences demonstrated unexpected effects over prior art, countering objections regarding lack of inventive step and patentability under Section 3(c). The Madras High Court set aside the rejection order and remanded the matter for reconsideration by a different officer.
M/S Sukh Sagar v.Mr Dhanraj Poojari
M/S Sukh Sagar appealed the dismissal of its temporary injunction application against Mr Dhanraj Poojari, which sought to restrain infringement of their established trademark in the food and accommodation sector. The Karnataka High Court, while acknowledging the contentious issues requiring a full trial, chose to dispose of the appeal without ruling on the merits. Instead, the court directed the trial court to proceed with the main suit expeditiously, keeping all aspects of the dispute open.
Ibibo Group Pvt Ltd. v.Satyendra Kumar Singh And Anr
The Delhi High Court allowed a rectification petition filed by Ibibo Group Pvt Ltd. against an infringing trademark registration. The petitioner, a major online travel platform operating under 'GOIBIBO', successfully argued that the respondent's registered mark was deceptively similar and likely to cause confusion among consumers. Given the petitioner's extensive goodwill and prior use since 2009, the Court directed the Trade Marks Registry to remove the conflicting registration.