India IP Litigation
7,167 annotated decisions
Page 46 of 299 · 7,167 total
T T Krishnamachari And Co v.Commissioner of GST and Central Excise
The Appellant challenged demands raised by the Department regarding non-payment of service tax on royalty charges collected from group companies for using the "TTK" logo. The Department argued that the logo was used as a Trademark, attracting IPR Service Tax. The Appellant contended that the logo was registered as an artistic work under the Copyright Act and thus exempt.
T T Krishnamachari And Co v.Commissioner of GST and Central Excise
The Appellant, engaged in trading and distribution of consumer durables and health care products, was charged service tax on royalty received for using its logo "TTK" across group companies. The Department argued the logo functioned as a Trademark (IPR Service), while the Appellant contended it was registered as an artistic work under the Copyright Act, exempting it from IPR service tax. The Tribunal set aside the impugned order in favor of the Appellant.
Indian Institute Of Science (Oa ...) v.The Asst. Controller Of Patents And Designs
The appellant challenged an order by the Assistant Controller of Patents that rejected a patent application related to microfluidic apparatuses for quantifying component concentration. The appeal argued that the rejection was arbitrary, lacked independent application of mind, and violated principles of natural justice due to the absence of reasoned justification.
Rajani Products v.Bhagwan Das Harwani S/o Unknown; Karishma Trading Corporation
The Rajasthan High Court allowed an appeal, quashing a lower court order that had rejected an interim injunction application. The petitioner, Rajani Products, holds a registered trademark for 'Swastik' used in edible oils. The court found prima facie evidence that the respondents were using a deceptively similar mark ('Shree Parwati Swastik'), amounting to infringement. Citing prior identical rulings in related cases, the High Court granted an ad-interim injunction, restraining the defendants from using the infringing trademark until the main suit is decided.
Grena Limited v.Axon Medical Solutions Pvt Ltd And Anr
In a recent order, the Delhi High Court addressed an opposition matter concerning the 'GRENA' trademark. The court granted status quo regarding two specific trademark registrations (No. 5661191 and 6050365) held by Respondent No. 1, ensuring no changes are made until further judicial direction. Furthermore, the respondent was given four weeks to file their replies in the ongoing litigation.
Kemin Industries, Inc. v.The Controller of Patents
Kemin Industries appealed an order rejecting its patent application concerning the use of Ferulic Acid Esterase (FAE) combined with four main chain degrading enzymes in monogastric animals. The appellant argued that the specific combination provided synergistic effects and was not obvious from prior art. The High Court allowed the appeal, setting aside the rejection and directing the patent application to proceed for grant.
Lin-O-Matic Graphic Industries v.Trulines Technologies
Lin-O-Matic Graphic Industries filed a complaint alleging copyright infringement of its drawing of a book binding machine. The appeal challenged the High Court's order which, while not setting aside the initial expert report, directed the Investigating Officer to obtain an additional expert opinion. The Supreme Court set aside this direction, finding it would cause confusion and prejudice.
Ashish Padia v.Worldfa Exports Pvt Ltd
The plaintiff, Ashish Padia, filed a commercial suit against Worldfa Exports Pvt Ltd alleging infringement of several registered IP rights, including patents, designs, and copyright related to various bowl products. The court issued an order settling the issues and directing both parties to file their respective lists of witnesses and evidence for further proceedings.
National Engineering College v.All India Council for Technical Education
This case involved a dispute between National Engineering College and the All India Council for Technical Education (AICTE) regarding the college's right to use 'National' in its name. The petitioner challenged AICTE regulations that sought to prohibit such usage, particularly those applied retrospectively. The Madras High Court ultimately ruled in favor of the college, holding that the regulatory notification was invalid and could not be applied retroactively, thereby protecting the institution's established identity.
Bhole Nath Foods Ltd v.Kirorimal Kashiram Marketing And Agencies Pvt Ltd
The Delhi High Court granted an interim stay on a Commercial Court's injunction, which had previously barred Bhole Nath Foods Ltd from using its 'Cheetal' trademark. The court found that there was no phonetic or visual similarity between 'Cheetal' and the respondent's 'Double Deer,' noting that the appellant held a valid registration dating back to 2007. This decision allows the appeal to proceed without immediate restriction on the use of the disputed mark.
Nissan Motor Co. Ltd. v.The Controller Of Patents And Designs and Anr.
Nissan Motor Co. Ltd appealed an order by the Controller rejecting its patent application (3623/KOLNP/2013) due to lack of inventive steps. The court set aside the rejection, finding that certain cited prior art documents (D5 and D8) were inadmissible because they were published after the priority date.
Gurpal Singh v.Bhim Sain Wadhwa
The Delhi High Court addressed an application seeking to introduce historical letters and recent Income Tax Returns (ITRs) into a trademark dispute concerning the mark 'KHUSHDIL'. The court allowed the plaintiff to place on record old letters, which lend credence to the origin of the name through state functionaries. However, the request to admit ITRs spanning 2010 to 2025 was rejected due to the belated nature of the filing and adherence to commercial suit procedures. This decision allows the case to proceed with a mix of historical evidence and existing records.
University of Washington v.The Assistant Controller of Patents and Designs
The University of Washington appealed a rejection order by the Assistant Controller of Patents and Designs regarding its patent application for methods using cell-free DNA to identify diseases. The original rejection was based on Section 3(i) of the Patents Act, arguing that the method found application in diagnostics. The High Court set aside this order, clarifying that Section 3(i) applies only if the invention 'per se disclose pathology' to a person skilled in the art.
The Chinese University of Hong Kong v.The Assistant Controller of Patents and Designs
The Chinese University of Hong Kong appealed an order rejecting its patent application for a method related to detecting genetic aberrations associated with cancer. The appellant argued that the rejections under Sections 3(i), 3(k), and 10(4)(c) were flawed, citing lack of reasoning and procedural unfairness. The High Court set aside the impugned order and remanded the matter for fresh consideration.
University of Washington v.The Assistant Controller of Patents and Designs
The University of Washington appealed the Assistant Controller's order rejecting its patent application (No. 201747006075). The rejection was primarily based on Section 3(i), arguing that the method for detecting tumor-derived cell-free DNA falls under diagnostic processes and is therefore not patentable. The High Court set aside the impugned order, clarifying that Section 3(i) applies only to inventions that 'per se disclose pathology' to a person skilled in the art, and remanded the matter for reconsideration.
The Chinese University of Hong Kong v.The Assistant Controller of Patents and Designs
The Chinese University of Hong Kong appealed an order rejecting its patent application for a method to detect genetic aberrations associated with cancer. The appellant argued that the rejection was based on flawed reasoning regarding Sections 3(i), 3(k), and 10(4)(c) of the Patents Act, 1970. The Madras High Court set aside the impugned order and remanded the matter for re-consideration.
Dominos Ip Holder Llc & Anr. v.M/S Dominic Pizza & Ors.
Dominos Ip Holder LLC successfully secured an interim injunction against M/S Dominic Pizza & Ors. in the Delhi High Court. The court recognized that the defendant's use of names like 'Dominic Pizza' and 'Domindo Pizza' was highly likely to cause confusion, deception, and passing off with the globally renowned Domino's brand. This preliminary order provides immediate protection for the plaintiff's trademarks while the main suit proceeds.
Play Games 24X7 Private Limited v.R Y Easy Shop Private Limited & Anr.
The Delhi High Court issued an order in the trademark and copyright infringement suit filed by Play Games 24X7 Private Limited. The plaintiff informed the court that they had identified additional entities infringing their intellectual property rights and would seek impleadment of these parties. The court directed the matter to be listed before the Joint Registrar on April 23, 2025, while continuing the existing interim order.
Milliken And Company v.Controller Of Patents And Designs & Anr.
Milliken And Company appealed the Assistant Controller's order refusing to grant an Indian patent application. The appellant argued that the Controller failed to consider a crucial expert statement by Dr. Nathan A Mehl. The High Court found merit in the appeal, holding that foreign decisions are not binding and directing the matter back for fresh consideration.
Bionorica Se v.Union Of India And Ors
Bionorica Se appealed against a rejection order passed by the Patent Controller, which cited non-compliance with Section 10(4)(b) of the Patents Act. The appellant argued that the rejection was perverse and lacked reasoned application of mind. The High Court set aside the impugned order, finding it cryptic and unreasoned, and remanded the matter back to the Controller for a fresh hearing on merits.
Vinod Kumar Lakhotiya v.The Registrar Of Trade Marks, (Govt. Of India)
In this writ petition, Vinod Kumar Lakhotiya sought judicial intervention to expedite the pending registration of his trademark 'LAKHOTIA DURGA' in Class 29. The petitioner argued that previous opposition had been resolved through a compromise and there was no longer any impediment to registration. The Rajasthan High Court agreed with the prayer, issuing a mandamus-like direction to the Registrar of Trade Marks to decide the application expeditiously, preferably within eight weeks.
Ambika Ramesh v.The Deputy Registrar Of Trade Marks
Ambika Ramesh filed a writ petition seeking intervention regarding her registered Ayurvedic product trademarks. Despite inadvertently missing the renewal deadline, she submitted a detailed representation outlining her grievances. The Kerala High Court intervened, directing the Registrar of Trade Marks to expeditiously consider and dispose of the petitioner's pending representation within 60 days, ensuring due process.
M/s. Effra Life Science v.The Registrar of Trade Marks
The Madras High Court set aside the Registrar of Trade Marks' rejection of M/s. Effra Life Science's application for a device mark registration. The court found that despite both marks being in Class 35, the appellant's business (marketing pharmaceutical products) was fundamentally different from the cited prior mark's business (repair and installation of machinery). This distinction negated the likelihood of confusion, allowing the application to proceed to advertisement.
Neeraj Jain v.Controller General Of Patents, Designs and Trademark & Anr.
Neeraj Jain challenged the rejection of his design application (No. 393302-001), which was deemed abandoned due to a delay in filing the Power of Attorney (POA) and subsequent reply to the FER. The Controller had rejected the application because the response was filed beyond the stipulated six-month period. The Delhi High Court, recognizing a bona fide mistake by the petitioner's agent, intervened.