India IP Litigation
7,167 annotated decisions
Page 47 of 299 · 7,167 total
Ciena Corporation v.Union Of India & Ors.
Ciena Corporation challenged the deemed abandonment of its Indian patent application, which was issued by the Patent Office due to failure to respond to a First Examination Report (FER). The petitioner argued that this lapse was solely attributable to an inadvertent mistake made by their patent agent. The Delhi High Court agreed with Ciena, holding that an applicant should not suffer consequences for the bona fide errors of their legal representatives or agents. Consequently, the court set aside the abandonment letter and restored the application, granting a final opportunity to prosecute the patent.
Sonani Industries Pvt. Ltd v.Galactica Processing Technologies Llp
Sonani Industries challenged an impugned High Court order regarding its patent rights concerning Diamond Holding Devices. The Supreme Court conditionally dismissed the Special Leave Petition, finding that the petitioner's interests were protected while directing parties to resolve the underlying suit and post-grant objections within specified timelines.
Fresenius Kabi Ipsum Srl v.The Asst Controller Of Patent And Designs & Anr.
Fresenius Kabi Ipsum Srl filed an appeal under Section 117A of the Patents Act, 1970, challenging the order dated November 21, 2024, which refused Patent Application No. IN201611009993. The court issued notices and set dates for further submissions.
BASF SE v.JOINT CONTROLLER OF PATENTS AND DESIGNS AND ORS
BASF SE appealed a rejection order concerning its patent application for 'CRYSTALLINE MODIFICATIONS TO PYRACLOSTROBIN' (Form IV modification). The appellant argued that the 18-year delay in disposal violated natural justice and that the rejection was erroneous on merits. The court set aside the impugned order, primarily due to the egregious delay.
Kandamkulathy Ayurveda Vaidyasala v.The Registrar Of Trade Marks
The Kerala High Court addressed a writ petition filed by Kandamkulathy Ayurveda Vaidyasala seeking the rectification of a trademark registration held by another party. The court observed that the petitioner had already initiated proceedings for rectification before the Registrar of Trade Marks. Consequently, the High Court disposed of the writ petition but directed the Registrar to expedite the consideration and passing of orders on the existing rectification application within six weeks.
Shaperon Inc. v.Assistant Controller of Patents and Designs, Government of India
Shaperon Inc. appealed the rejection of its patent application concerning compositions for treating allergic skin disorders containing GPCR19 agonists. The rejection was based on lack of novelty, inventive step, and non-patentability under Section 3(e). The High Court set aside the impugned order and remanded the matter for reconsideration.
Jay Switches India Pvt. Ltd. v.Sandhar Technologies Ltd.
The suit was filed by Jay Switches India Pvt. Ltd. against Sandhar Technologies Ltd. & Ors for alleged infringement of a patented 'Air Tight Fuel Cap' and a registered design 'Fuel Tank Cap', along with claims of passing off. The court proceeded to frame issues based on the pleadings, including counterclaims regarding the novelty and inventive step of the Plaintiff's IP rights.
Mukesh Chand Khandelwal Trading As M/S Khandelwal Brothers v.M/S S N Biri Factory Pvt Ltd & Anr.
The Delhi High Court addressed several procedural applications in the trademark appeal filed by Mukesh Chand Khandelwal. The court condoned an eight-day delay in refiling the appeal, allowing the matter to proceed. The case challenges the Registrar's decision that dismissed the appellant's trademark application due to a successful opposition filed by the respondent.
YC Electric Vehicle v.Bhuvneesh Kapoor Proprietor Of Two Friends Auto Electric Co.
The Delhi High Court granted an interim injunction in favor of YC Electric Vehicle against Bhuvneesh Kapoor Proprietor Of Two Friends Auto Electric Co. The court found that the defendant's use of deceptively similar marks, such as 'YATRI' and 'SAHYATRI', constituted infringement of the plaintiff's renowned trademarks ('YATRI' and 'YC') and copyright associated with electric vehicles. This order provides immediate protection to YC Electric Vehicle while the main suit proceeds.
Hindustan Syringes And Medical Device and Ltd. v.Unomedical A/S and Anr.
The Delhi High Court allowed an appeal filed by Hindustan Syringes against a previous decision by the Registrar of Trademarks. The court set aside the impugned order, which had previously dismissed the opposition filed by Hindustan Syringes regarding the mark 'UNOMEDICAL'. Furthermore, based on the parties' consent, the court also allowed a rectification petition, leading to the cancellation of UNOMEDICAL's trademark registration in Class 10. This decision significantly impacts the validity and scope of the contested brand.
Epikindifi Software And Solutions Pty Ltd v.The Registrar Of Trademarks
The Delhi High Court addressed rectification petitions filed by Epikindifi Software and Solutions Pvt. Ltd. concerning the marks LEND.EZEE (No. 6174368 and 6174369). The court noted a procedural error in the filing, specifically regarding the petitioner's name. Consequently, the Court directed the petitioner to file a corrected Memo of Parties within one week. Further proceedings were scheduled after granting time for both parties to file their respective replies and rejoinders.
University College London v.The Assistant Controller of Patents and Designs
University College London appealed an order rejecting its divisional patent application concerning 'A Delayed Release Drug Formulation.' The core dispute centered on whether the complete specification of the parent application related to more than one invention, which was the basis for rejection. The appellant argued that their claims were distinct and did not constitute double patenting. The Madras High Court set aside the impugned order and remanded the matter back to the Controller for reconsideration.
Bol7 Technologies Pvt. Ltd. v.Flipkart Internet Private Limited
Bol7 Technologies Pvt. Ltd., the proprietor of the 'Toy Building Block' design (No. 345217-001), filed a suit against various defendants, including e-commerce platforms like Flipkart, alleging infringement and dilution due to counterfeit toys being sold online. The court found that Defendants no. 6, 8, and 10 were misusing the registered design, granting permanent injunctions against them.
Jansen Pharmaceutica Nv v.Deputy Controller Of Patents And Designs
Jansen Pharmaceutica appealed the rejection of its patent application for a dry, intravenously administrable formulation of tipifarnib. The Controller rejected the application, citing lack of inventive steps and non-patentability under Section 3(e). The High Court found that the impugned order was vague, lacked reasoning, and failed to apply established principles for determining inventive steps.
Dr. Joy Vadakkan Thomas v.The Assistant Controller of Patents and Designs
Dr. Joy Vadakkan Thomas appealed an order rejecting Patent Application No. 201941042481 for a method to capture carbon dioxide. The rejection was based on lack of inventive step and non-patentability under Section 3(d). The High Court set aside the impugned order, noting that new grounds were raised by the respondent, and remanded the matter for reconsideration.
Emerson Process Management Power & Water Solutions, Inc. v.Assistant Controller of Patents and Designs
The petitioner appealed against an order rejecting its patent application (No. 2416/CHE/2009) for 'TWO-STAGE MODEL PREDICTIVE CONTROL TECHNIQUE'. The rejection was based on Section 3(k), classifying the claims as a mere computer programme per se. The High Court set aside the impugned order, finding that the patent office failed to discuss or record reasons for rejecting the appellant's contentions.
M/s.Nirmala Transportation and Logistics Pvt. Ltd. v.Registrar of Trade Marks
The Madras High Court allowed M/s. Nirmala Transportation's appeal against the rejection of its trade mark application under Section 11(1) of the Trade Marks Act. The court found that the initial rejection failed to adequately consider the appellant's arguments regarding the distinct nature of services (goods transport vs. travel arrangements). Consequently, the impugned order was set aside and the matter was remanded for fresh consideration by the Registrar, contingent upon the appellant providing an undertaking restricting its use to goods transportation.
Jan Aushadhi Sangh v.M/S. Pharmaceuticals And Medical Devices Bureau of India (PMBI)
The Delhi High Court addressed an appeal filed by Jan Aushadhi Sangh challenging a lower court's judgment that granted injunction and damages to PMBI for trademark infringement. While the core dispute over the injunction was maintained, the High Court provided relief regarding the financial aspect of the ruling. The appellant was permitted to stay the execution of the Rs. 10 lakh damage award upon depositing Rs. 5 lakhs with the court, though the injunction against further alleged infringement remains in force.
Kiranakart Technologies Private Limited v.Mohammad Arshad & Anr.
Kiranakart Technologies Private Limited filed a suit seeking the removal of an identical word mark, 'ZEPTO,' registered by Respondent No. 1 under Section 47 and 57 of the Trade Marks Act, 1999. The Petitioner uses 'ZEPTO' for instant grocery delivery services, while the Respondent holds the mark in Class 35 relating to mobile phone marketing. The court has initiated proceedings by issuing notices to all parties, setting the stage for a detailed examination of trademark conflict and consumer confusion.
M/S A & J Designers v.The Registrar Of Trade Marks
M/S A & J Designers successfully challenged the non-renewal of their 'Paris' trademark registration in the Kerala High Court. The petitioner argued that they were never served with the renewal notice because the respondents had mistakenly sent it to the wrong address due to a typographical error. The court found merit in this claim, allowing the writ petition and directing the competent authority to issue fresh notice and renew the registration expeditiously.
Yamaha Hatsudoki Kabushiki Kaisha v.Mr. Devender Kumar And Anr.
The Calcutta High Court allowed an appeal filed by Yamaha Hatsudoki Kabushiki Kaisha against a rejection of its trademark application for 'R3' in Class 12. The court found that the original rejection failed to consider key arguments, including the appellant's claim that R3 was an associated mark and their existing portfolio of related marks (like YZF-R3). Consequently, the High Court set aside the impugned order and remanded the matter back to the Controller for a fresh hearing.
Ds Drinks And Beverages Private Limited v.Hector Beverages Private Limited
The Delhi High Court dismissed the appeal filed by Ds Drinks And Beverages Private Limited, upholding the interim injunction granted to Hector Beverages Private Limited. The court found that despite differences in surrounding words and product types (energy drink vs. juice), the core mark 'SWING' is predominant and highly similar. Given that both products are allied and sold across the same counter, the court ruled that there is a clear likelihood of customer confusion, favoring the established goodwill of Hector Beverages.
Cellectis v.The Assistant Controller Of Patents And Designs
Cellectis appealed a refusal order by the Controller of Patents regarding its patent application for a method involving T-Cells. The appeal sought permission to file amended claims and complete specification. The court examined whether these amendments were permissible under Section 59 of the Patents Act.
Niva Bupa Health Insurance Company Limited v.Nicenic International Group Company Limited & Ors.
Niva Bupa Health Insurance Company filed a suit seeking permanent injunction against the defendants for infringing its registered trademarks, 'Niva' and 'Bupa,' through content creation and circulation. The Delhi High Court acknowledged the trademark infringement claims and noted that the matter required specialized handling. Consequently, the court ordered the papers to be placed before the IP Division of the Court for appropriate listing.