India IP Litigation
7,068 annotated decisions
Page 42 of 295 · 7,068 total
Psychotropic India Limited v.Meridian Medicare Ltd And Anr.
The Delhi High Court allowed a rectification petition filed by Psychotropic India Limited against Meridian Medicare Ltd. The court found that Respondent No. 1 adopted the mark 'TROMA' with malafide intent, capitalizing on the goodwill established by the petitioner in the pharmaceutical sector. Given the prior use and distinctiveness of the petitioner's marks (TROMANIL, TROMA), the court ruled that the registration held by the respondent was contrary to the Trade Marks Act, leading to its cancellation.
Manash Lifestyle Private Limited v.Viraj Harjai & Anr.
The Delhi High Court granted rectification to Manash Lifestyle Private Limited, a major online beauty retailer operating under the mark 'PURPLLE'. The court cancelled two registrations held by the respondent for similar marks ('PURPLLE TREE/'), finding that the petitioner was the prior and continuous user. This decision underscores the importance of establishing genuine, long-standing market presence over mere application dates when challenging trademark validity.
Levi Strauss And Company v.Umesh Chauhan
Levi Strauss And Company filed a suit against Umesh Chauhan and Rajesh Kumar Wadhwa alleging infringement of their registered trademarks, designs, and copyrights related to clothing and jeans. The court found that the plaintiff failed to provide sufficient positive evidence to corroborate the local commissioner's report, leading to the dismissal of the suit.
Tarakant Sangwani v.Apollo Pipes Limited
The Delhi High Court addressed an appeal concerning the custody of allegedly infringing goods in a trademark infringement suit. The appellant, who was the defendant below, challenged the Commercial Court's order directing that the seized goods be handed over on 'superdari' to the respondent (Apollo Pipes Limited). The court found merit in the appellant's argument, noting that the relief granted by the lower court exceeded what the respondent had sought in their application. Consequently, the High Court issued a notice for a show cause hearing and temporarily stayed the transfer of goods, keeping them under the custody of the appellant pending further orders.
Vishal Prafulsingh Solanke v.The Controller of Patent and Designs
The Petitioners challenged the Assistant Controller's refusal of their patent application for a 'Thread Type Tamper Evident Security Seal,' which was rejected under Section 25(1)(b) due to lack of novelty/inventive step. The court examined whether the seal provided a technical advancement over cited prior art documents, including US5419599.
Heritage Foods (India) Limited v.Good Health Agrotech Pvt. Ltd.
The Madras High Court addressed a petition seeking the rectification and removal of the trade mark 'HERITAGE' registered by Good Health Agrotech Pvt. Ltd., citing prior use by Heritage Foods (India) Limited. Despite the petitioner demonstrating substantial sales turnover and long-standing use, the court found evidence supporting the first respondent's honest and bona fide adoption of the mark for edible oils since 1994. Consequently, the petition was dismissed, but the court imposed a crucial condition: the registration remains valid only for edible oils.
Balar Marketing Pvt. Ltd. v.Lakha Ram Sharma Proprietor Of Kundan Cable India
The Delhi High Court allowed a petition filed by Balar Marketing Pvt. Ltd., setting aside an order that had stayed several ongoing trademark suits. The stay was granted by the Trial Court based on observations from a Division Bench judgment regarding rectification petitions. However, the High Court held that the reference to 'passing off' in the cited precedent was merely obiter dicta and not binding law. Consequently, all the consolidated suits were directed to proceed expeditiously for trial.
M/S. Mocemsa Care v.The Registrar Of Trade Marks
The Delhi High Court allowed an appeal filed by M/S. Mocemsa Care against the Registrar's refusal of a device mark registration. The court held that even if the mark comprises common English words, its composite and stylized arrangement makes it distinctive when viewed as a whole. Furthermore, the court dismissed the objection regarding insufficient invoices, noting that this issue was never raised in the initial examination report. Consequently, the application is now directed to proceed with advertisement.
Imax Healthcare Private Limited & Anr. v.Max Healthcare Institute Limited
The Delhi High Court addressed an appeal challenging the Commercial Court's handling of an interlocutory injunction request concerning trademark infringement. The court found that the lower court failed to consider the merits of the respondent's application, merely granting the injunction to implement a prior judgment. Consequently, the High Court remanded the matter back to the Commercial Court for a fresh, de novo decision on the interim injunction, ensuring all legal aspects are properly considered.
Adiuvo Diagnostics Private Limited v.Union of India
Adiuvo Diagnostics Private Limited challenged the granting of Indian Patent No. 439474, which was issued despite a rejected pre-grant opposition filed by the petitioner. The core dispute centered on whether the Controller had adequately reasoned and considered the material evidence presented by both parties regarding novelty and inventive step. Although the court initially questioned the maintainability of the writ petition as an appeal in disguise, it ultimately allowed the petitioner to file a post-grant opposition.
Robert Bosch Limited v.The Deputy Controller of Patents and Designs, Government of India
Robert Bosch Limited appealed the rejection of its patent application (No. 201944047460), which was initially rejected by the Deputy Controller of Patents on grounds including lack of novelty, lack of inventive step, and exclusion under Section 3(m) because it was a method claim. The High Court set aside the rejection based on the finding that the claimed process is an inventive process, not merely a theoretical or mental act, and remanded the matter for re-examination on non-Section 3(m) grounds.
Tekelec, Inc. v.The Controller of Patents
Tekelec appealed an order rejecting its patent application (No. 7133/CHENP/2009) on the grounds that the invention was a non-patentable 'business method' under Section 3(k). The High Court examined the claim and held that since the invention involves using software to improve system functionality for verification, it is not merely a business method. Consequently, the rejection order was set aside and the matter remanded for re-consideration.
Iconic Ip Interests Llc and The Hershey Company v.Dukes Consumer Care Limited and The Registrar of Trademarks
Iconic IP Interests LLC and The Hershey Company successfully petitioned the Madras High Court for the rectification of a trademark registration, specifically targeting the mark 'TWO MUCH'. The petitioners argued that the respondent's mark had not been used continuously for five years from its date of registration. Given the lack of evidence of use by Dukes Consumer Care Limited, the court allowed the petition and directed the Registrar to remove the impugned entry from the register.
M/S.Goldmedal Electricals Pvt. Ltd. v.Mr.Sh.S.Lal Singh
In this appeal before the Madras High Court, M/S.Goldmedal Electricals Pvt. Ltd. challenged the Trade Marks Registry's decision to dismiss an opposition based on the finding that 'GOLDMEDAL' and 'SILVERMEDAL' were different marks. The court noted evidence of prior use by Goldmedal's predecessor since 1987, and crucially, referenced a separate Civil Court decree confirming the deceptive similarity between the two trademarks. Consequently, the High Court ruled that the Registry's finding of difference would not be binding on the appellant in future proceedings related to these marks.
Dunlop International Limited (and Dunlop Slazenger Group Ltd.) v.Glorious Investment Limited And Anr.
The Calcutta High Court set aside multiple appeals concerning the registration of the 'Dunlop' word mark. The core dispute revolved around the validity of assignments made by Dunlop India Ltd. during its liquidation period, which were used by Glorious Investment Limited to secure trademark rights in various classes. Given serious questions regarding fraud, natural justice violations, and the limited jurisdiction of the Registrar concerning assignment validity, the Court remanded all matters back for a fresh hearing after ensuring all parties are heard.
F. Hoffmann-La Roche Ag v.Natco Pharma Limited
F. Hoffmann-La Roche filed a suit alleging infringement of its species patent (IN 334397) for the drug Risdiplam, marketed as EVRYSDI®, by Natco Pharma Limited. The plaintiffs sought an interim injunction to restrain the defendant from manufacturing and selling the API. However, the court found that the defendant had raised a credible challenge regarding the validity of the patent. Considering the public interest in affordable medicine for rare diseases like SMA, the court dismissed the application for interim injunction, though it clarified that damages would be payable if the plaintiffs ultimately succeed in the trial.
Neoculi Pty Ltd v.The Controller Of Patents And Designs and Anr.
Neoculi Pty Ltd appealed a rejection order by the Assistant Controller of Patent and Designs, Kolkata, which rejected its application for an antibacterial pharmaceutical composition. The rejection was based on lack of inventive steps, unpatentability under Section 3(e), and insufficient disclosure. The High Court found the impugned order unsustainable due to non-application of mind and remanded the matter.
M/s. SANGEETHA CATERERS AND CONSULTANTS LLP v.M/s. NELLAI SANGEETHAS Pure Veg Restaurant
The Madras High Court ruled in favor of the plaintiff, M/s. SANGEETHA CATERERS AND CONSULTANTS LLP, finding that the defendant's use of 'NELLAI SANGEETHAS Pure Veg Restaurant' constituted deceptive similarity and trademark infringement. The court held that the impugned mark was deceptively similar to the plaintiff's registered trademarks, especially since both parties operate in the identical restaurant business. Consequently, the suit was decreed with permanent injunctions against further misuse and an order for the destruction of all infringing materials.
Levi Strauss And Co. v.Sharanjeet Singh
Levi Strauss And Co. filed a suit against Sharanjeet Singh and M/s Chilly alleging infringement, passing off, and dilution of its iconic trade marks (including 'Levis' and 'Two Horse Logo') used on apparel goods. The court found that the defendants had deceptively adopted these trademarks in relation to similar goods.
M/S Crompton Greaves Limited v.Registrar Of Trade Marks & Anr.
In this rectification case, M/S Crompton Greaves Limited sought to rectify Trademark No. 1131780 used by a respondent. However, given that the respondent had simultaneously filed an application seeking cancellation of the same trademark before the Registrar of Trade Marks, the High Court directed the Registrar to address the cancellation request directly. Consequently, the rectification application was disposed of without further proceedings.
Caleb Suresh Motupalli v.Controller of Patents
The petitioner filed a Review Application challenging the rejection of his earlier appeal, which had been rejected on both maintainability grounds (Section 117A) and merits. The petitioner argued that patent errors existed in the interpretation of Sections 10(4) and 3(k), specifically concerning technical effect and best mode. The Madras High Court dismissed the review application, finding no error apparent.
AMST – SYSTEMTECHNIK GMBH v.Government of India
The petitioner challenged an order treating its Patent Application No.3022/CHENP/2011 as withdrawn due to failure to request examination within the stipulated period. The court considered the sequence of events, noting that the petitioner intended to prosecute the application and citing previous judgments where similar facts led to non-withdrawal.
Bristol Myers Squibb Company v.Deputy Controller of Patents & Designs
Bristol Myers Squibb challenged communications from the Deputy Controller of Patents & Designs regarding Patent Application No. 5948/CHENP/2014, arguing that additional documents submitted by the opponent (Indian Pharmaceutical Alliance) should not be considered due to procedural non-compliance. The court ultimately declined to interfere with the decision to receive these documents but directed that the proceedings must conclude expeditiously within three months.
Caleb Suresh Motupalli v.Controller of Patents
The petitioner filed a Review Application challenging the judgment that rejected his appeal regarding Patent Application No.5606/CHENP/2012. The petitioner argued there were patent errors concerning Sections 10(4) and 3(k), specifically related to technical effect on hardware. However, the High Court dismissed the review application, finding no error apparent.