India IP Litigation
7,167 annotated decisions
Page 49 of 299 · 7,167 total
F Hoffmann-La Roche Ltd & Others v.Drugs Controller General of India & Others
The plaintiffs, innovators of biological drugs 'bevacizumab' (AVASTIN) and 'trastuzumab' (HERCEPTIN), filed suits against generic manufacturers (Hetero and Cadila) seeking permanent injunctions. The current judgment addresses applications for the disclosure and production of documents related to the defendants' regulatory approvals, arguing that the approvals were obtained by suppressing material facts.
Tahoe Research Ltd. v.The Controller of Patents
Tahoe Research Ltd appealed the rejection of its patent application (No. 201647014734) by The Controller of Patents. The appellant argued that principles of natural justice were violated regarding lack of clarity objections, and that the novelty analysis incorrectly applied EPO reasoning without considering material differences in the claims.
F Hoffmann-La Roche Ltd v.Drugs Controller General Of India
The plaintiffs, innovators of biological cancer drugs 'bevacizumab' (AVASTIN) and 'trastuzumab' (HERCEPTIN), filed suits against the Drugs Controller General of India and associated defendants. The current judgment addresses applications seeking disclosure and production of documents related to the DCGI approvals granted to bio-similar versions of these drugs.
Vgx Pharmaceuticals Inc v.The Controller General Of Patents, Designs And Trademarks
Vgx Pharmaceuticals Inc challenged the refusal of its patent application concerning 'Electroporation Devices and Methods.' The appeal argued that the Assistant Controller's order was unreasoned, failing to provide a clear justification for rejecting the invention based on prior art D4 and D5. The Delhi High Court agreed, finding the impugned order cryptic and lacking necessary analysis regarding inventive step. Consequently, the court allowed the appeal, setting aside the refusal and remanding the matter back to the Patent Office for fresh consideration.
Mankind Pharma v.Lemford Biotech Pvt Ltd.
The Delhi High Court allowed a rectification petition filed by Mankind Pharma against Lemford Biotech Pvt Ltd., directing the removal of the trademark 'LENOKIND'. The court found that 'LENOKIND' was confusingly similar to Mankind Pharma’s established and well-known family of marks, particularly those containing the element 'KIND'. Given Mankind Pharma's extensive prior use, massive market presence in pharmaceuticals, and acquired goodwill, the registration of 'LENOKIND' was deemed liable for cancellation under Section 57 of the Trade Marks Act.
Sammaan Capital Limited & Ors. v.Svamaan Financial Services Private Limited & Ors.
The Delhi High Court disposed of appeals filed by Sammaan Capital Ltd and Sammaan Finserv Ltd against an injunction restraining them from using marks similar to Svamaan Financial Services Pvt Ltd's registered trademarks. While the court stayed the operation of the restrictive judgment, allowing the appellants to continue their use in the interim, it imposed strict conditions. The appellants must prominently display 'Formerly known as Indiabulls' and include a clear disclaimer stating they have no connection with Svamaan Financial Services Pvt Ltd.
Sammaan Finserv Limited v.Svamaan Financial Services Private Limited
The Delhi High Court addressed appeals challenging an injunction restraining Sammaan Finserv and Sammaan Capital from using names similar to Svamaan Financial Services' registered trademarks. The court disposed of the interim applications by staying the operation of the restrictive judgment, allowing the appellants time to continue their current advertising campaigns. However, it mandated that the appellants must include clear disclaimers in all future advertisements, such as 'Formerly known as Indiabulls' and 'We have no connection with Svamaan Financial Services Pvt Ltd,' to prevent consumer confusion.
Shrinath Travel Agency Private Limited v.Ajay Kumar Sharma & Anr.
The Gujarat High Court allowed a rectification application filed by Shrinath Travel Agency Private Limited against Ajay Kumar Sharma & Anr. The court found that the mark registered by the respondent was deceptively similar to the applicant's long-standing trademark 'Shrinath'. Crucially, the applicant successfully demonstrated prior use of the mark since 1978, establishing significant goodwill and reputation in the travel industry. Consequently, the court directed the deletion of the infringing registration, reinforcing the importance of proving continuous prior usage rights.
Cadbury Uk Limited v.ITC Limited
In this trademark dispute, the Calcutta High Court directed that the Registrar of Trademarks be formally included in the proceedings. This procedural step ensures all relevant parties are involved in the ongoing litigation between Cadbury UK Limited and ITC Limited. Furthermore, the court granted the petitioner liberty to carry out necessary informal amendments to their case filings. The matter is scheduled for further hearing on March 5th, 2025.
Pb Fintech Limited v.Policy Bazar Finance & Ors.
The Delhi High Court granted significant interim relief in favor of Pb Fintech Limited against various parties accused of trademark infringement. The court impleaded new defendants and issued strict injunctions restraining them from using deceptively similar marks like 'POLICYBAZAAR' or 'PAISABAZAAR'. Furthermore, the judgment directed domain registrars (DNRs) to immediately suspend and block infringing domains, and mandated ISPs to prevent access to these websites. The court also ordered the temporary suspension of a bank account linked to one of the alleged infringers.
Parle Elizabeth Tools Private Limited v.Pacific Tools Private Limited
The petitioners filed a petition seeking the revocation of patent number 420765, which was granted in favour of respondent no.1. The court allowed an application for exemption from filing copies and listed the main petition for further proceedings.
Manash Lifestyle Private Limited v.Shabina Kundial & Anr.
Manash Lifestyle Private Limited successfully petitioned for the rectification and removal of a deceptively similar trade mark registered by Shabina Kundial & Anr. The petitioner, which operates under the renowned FACES brand in beauty and wellness, demonstrated extensive prior use, goodwill, and reputation associated with its marks. The court found that the impugned mark was confusingly similar to the established FACES marks and was adopted dishonestly to ride over the petitioner's reputation, leading to the cancellation of the infringing registration.
Panasonic Holdings Corporation & Anr. v.Askhok Kumar & Ors.
In this Delhi High Court order concerning trademark infringement, the court granted an exemption from advanced service to allow the plaintiffs (Panasonic) to seek urgent interim relief. The core decision was the appointment of a Local Commissioner to conduct a comprehensive search and seizure operation at the defendants' premises. This action aims to confiscate counterfeit packaging materials bearing the 'ANCHOR' trademark, thereby protecting Panasonic's goodwill and preventing further infringement while the main suit proceeds.
Ajp Impex Private Limited v.The Registrar Of Trademark Delhi & Anr.
The Delhi High Court granted an interim stay in favor of Ajp Impex Private Limited regarding a trademark dispute. Despite the respondent failing to appear or file a reply, the court upheld and made absolute the existing interim order from February 2025. This decision allows the petitioner to maintain protection against the impugned mark until the final resolution of the main petition.
Mr Abhishek Sharma & Anr. v.Assistant Controller Of Patents And Designs
The appellants appealed a decision by the Assistant Controller of Patents and Designs refusing their patent application (No. 202111053480). The subject matter related to 'black coloured wearing' and its alleged effects on human health, which the Controller rejected as non-technical and an abstract theory lacking scientific evidence. The High Court dismissed the appeal both on merits and due to the inordinate delay in filing.
Shimadzu Corporation v.The Assistant Controller of Patents and Designs, The Patent Office
Shimadzu Corporation appealed an order rejecting its patent application (No. 201647043103), which concerned a surrogate biomarker for evaluating amyloid beta peptide accumulation. The rejection was based on Section 3(i) of the Patents Act, 1970, as it related to diagnostic methods. The High Court set aside the order and remanded the matter, finding that the appellants were prejudiced by not having access to a key judgment before the initial hearing.
The Trustees Of Columbia University v.The Assistant Controller of Patents and Designs
The appellant challenged an order rejecting its amended patent claims (1-19) for 'METHODS AND COMPOSITIONS FOR TREATMENT OF AMYLOID DEPOSITION DISEASES' under Section 59 of the Patents Act. The appellant argued that the amendments were supported by the complete specification, citing relevant case law. The High Court set aside the impugned order and remanded the matter for fresh reconsideration.
Asia Match Company Pvt Ltd v.P.Sundaram
The Madras High Court allowed Asia Match Company Pvt Ltd to file additional documents in its rectification petition against P.Sundaram. The petitioner sought to introduce trade mark applications filed by the respondent's son, arguing they demonstrated deceptive similarity and concerted action. While the respondent raised several objections regarding relevance and timing, the court ruled that the issue of relevance could be determined during the trial phase, granting permission for filing while preserving the respondent's right to challenge admissibility later.
P.Pandian v.The Registrar of Trade Marks
The Madras High Court ruled in favor of P.Pandian, directing the Registrar of Trade Marks to allow the renewal of the trademark 'WAHEED.' The court held that because the Registrar failed to issue the mandatory notice regarding the impending expiry of the registration, the petitioner was entitled to seek renewal despite the lapse of time. This judgment reinforces the principle that administrative failure by the Registry can override strict procedural deadlines.
Hamrish Kumar Rajakumar v.Indian Council of Medical Research (ICMR)
The appellant filed an RTI seeking comprehensive information from ICMR regarding the legal framework, ownership, and formalities associated with protecting a Clinical Outcome Assessment (COA) tool developed by undergraduate students. The Commission found that the PIO had disclosed available public domain information, but directed ICMR to provide the Appellant with its detailed Intellectual Property Policy for complete transparency.
Interglobe Aviation Limited (Indigo) v.Mahindra Electric Automobile Limited & Anr.
The Delhi High Court allowed Interglobe Aviation Limited (Indigo) to submit crucial documentation related to its '6E' trademark registration. The plaintiff sought leave under the CPC to place on record certificates that were only obtained after the initial filing of the suit, arguing they were not in their possession at the time of litigation commencement. Given the defendants had no objection, the court granted the application, allowing the evidence to be formally included in the ongoing trademark dispute.
Svamaan Financial Services Private Limited v.Sammaan Capital Limited & Ors.
The Delhi High Court granted an interim injunction in favor of Svamaan Financial Services Private Limited against Sammaan Capital Limited and others. The court found a prima facie case of trademark infringement because the competing mark 'SAMMAAN' is deceptively similar to the plaintiff's 'SVAMAAN' marks, and both parties operate in identical financial services sectors (granting loans). Despite initial challenges regarding the authenticity of the plaintiff's registration certificates, the court confirmed their validity through a status report from the Trade Marks Registry, thus upholding the injunction.
M/S Aravind Laboratories v.Payal Novelty Private Limited
In this trademark dispute concerning the 'Pearl Eyeflax Kum Kum Bindi,' the Calcutta High Court issued an interim order. The court directed the respondents to attempt modifications to their product's get-up and trade dress. Furthermore, they must submit copies of these proposed changes to the petitioner's advocates by March 13, 2025, allowing the litigation to proceed while addressing potential infringement concerns.
M/S.Sakthi Sai Safety Glass India & Sakthi Sai Glass Traders (Appellants) v.Compagnie De Saint-Gobain & Saint-Gobain India Private Limited (Respondents/Plaintiffs)
The Madras High Court dismissed appeals challenging an interim injunction granted to Saint-Gobain against Sakthi Sai Safety Glass India. The court found that the appellants, despite their contract with Saint-Gobain expiring, were infringing the 'Saint-Gobain' trademark by using it in connection with toughened glass products. Given the prima facie evidence of consumer confusion and dilution, the balance of convenience favored the trademark owner, upholding the injunction while allowing the main suit to proceed.