India IP Litigation
7,068 annotated decisions
Page 50 of 295 · 7,068 total
Gilead Sciences Inc. v.Union of India
Gilead Sciences Inc. challenged a hearing notice and subsequent recommendation made by the Patent Office in a post-grant opposition application filed by Low Cost Standard Therapeutics. The petitioner argued that the process violated the Patents Act, 1970, specifically by denying them an opportunity to present evidence. The High Court quashed the impugned notice and the Board's earlier recommendations.
Gemini Edibles And Fats India Limited v.Dream Freedom Herbal Pvt. Ltd.
The Delhi High Court allowed a rectification petition filed by Gemini Edibles And Fats India Limited against Dream Freedom Herbal Pvt. Ltd., directing the removal of the respondent's trademark (No. 3213226). The court found that the impugned mark was deceptively similar to the petitioner's prior and well-reputed 'FREEDOM' marks, noting that the addition of a prefix did not differentiate it sufficiently. Given the identical nature of the goods and target consumers, the registration was deemed obtained dishonestly to trade upon the petitioner's goodwill.
Mr. M. Anees Ahmed (M/s Ambur Star Briyani) v.Star Ambur Briyani
The Madras High Court ruled in favor of Mr. M. Anees Ahmed, granting a permanent injunction against the respondent for trademark infringement and passing off. The court found that the defendant's use of 'STAR AMBUR BRIYANI' was deceptively similar to the plaintiff's registered mark, 'AMBUR STAR BRIYANI,' which is associated with his restaurant business. While the claim for destruction of infringing stock was rejected due to lack of evidence, the suit was partly decreed.
Dabur India Limited v.Ms Usha Proprietor Of Rs Industries & Anr.
The Delhi High Court allowed Dabur India Limited's cancellation petition against a similar mark registered by Ms. Usha Proprietor Of Rs Industries. The court found that the impugned mark was confusingly and deceptively similar to Dabur's well-known trademark 'DABUR,' particularly given that both parties operate in the identical Class 3 goods (detergents, soaps, etc.). Citing prior use and established goodwill, the High Court directed the Trade Marks Registry to remove the infringing registration.
Sun Pharmaceutical Laboratories Ltd v.Rspl Helathcare P Ltd & Anr.
The Delhi High Court addressed an appeal challenging a District Judge's order that had granted an ex parte injunction against Sun Pharmaceutical Laboratories Ltd, restraining it from using the trademark 'PRUEASE'. The court set aside this restrictive interim order. Instead, it directed the Trial Court to expedite the hearing of the original application filed by the respondents seeking injunctive relief, allowing both parties a chance to present their case.
Thales v.Assistant Controller of Patents and Designs
Thales appealed a refusal by the Assistant Controller of Patents and Designs to grant patent for its application No. 8821/CHENP/2012, citing lack of inventive step. The appellant argued that the refusal was based on total non-application of mind, relying on copy-pasted reasoning and irrelevant prior art documents (D1, D2, D3). The High Court quashed the impugned order, finding violations of natural justice, and remanded the matter for fresh consideration.
Ori-Plast Limited v.Molecor Tecnologia S.L.
Ori-Plast Limited sought an injunction against Molecor Tecnologia S.L., which had terminated a license agreement related to the use of the Molecor PVC-O System. The petitioner feared that the withdrawal of remote assistance would cause irreparable loss, while the respondent argued for immediate termination based on alleged breaches of confidentiality and reverse engineering.
M/s.Sri Modern Weigh Systems v.Nipro MACHOI P. Ltd.
The Madras High Court addressed appeals concerning the alleged deceptive similarity between the trademarks 'MACHOI' and 'MAKHOI'. The court accepted an undertaking from the appellants not to use 'MACHOI' or any remotely similar name in the future. Furthermore, the opposing party was directed to immediately apply for the cancellation of their registered trademark, which was deemed deceptively similar. This judgment provides a practical resolution through undertakings and administrative action rather than a definitive finding on infringement.
Disys India Private Limited v.The Registrar of Trademarks
The Madras High Court set aside an earlier refusal by the Registrar of Trademarks to grant registration for the mark 'DISYS'. The appeal argued that the refusal, based solely on phonetic similarity to another mark ('DISYSO'), failed to consider evidence of the appellant's long-standing use and acquired distinctiveness. The court found the original order was a non-speaking order, necessitating a remand back to the Registrar for fresh consideration of the application on its merits.
Super Smelters Ltd. v.Rekha Tayal &Anr.
The Calcutta High Court ruled in favor of Super Smelters Ltd., a leading manufacturer of TMT Bars, in its application to rectify a trademark registration. The court found that the respondent's mark was deceptively identical and phonetically similar to the petitioner's established 'SUPER SHAKTI' brand. Crucially, the court noted a glaring error by the registrar who failed to consider the petitioner's prior registrations during the examination process. Consequently, the High Court ordered the cancellation of the impugned registration, affirming the petitioner's strong prima facie case and preventing consumer confusion.
Innovative Health Care v.Innovative Healthcare (India) Pvt. Ltd.
The Madras High Court addressed an Original Application filed by Innovative Health Care seeking to restrain Innovative Healthcare (India) Pvt. Ltd. from using a deceptively similar trademark for medicinal preparations. The court decided to close the current application while granting the applicant full liberty to raise all its contentions in the main suit. This procedural step moves the dispute forward into the substantive litigation phase.
Pfizer Inc. v.Everest Pharmaceuticals Limited
The plaintiffs, Pfizer Inc. and its subsidiaries, filed a suit alleging that the defendants unlawfully manufactured, sold, and exported the infringing product 'Tofaxen', which is a generic version of their patented drug Tofacitinib (Xeljanz®). The court found that the defendants collectively infringed the suit patents while they were valid and subsisting. However, since the patents had expired during the pendency of the suit, the plaintiffs did not press for permanent injunction but secured a decree in terms of prayer clause 57(e).
Candico (I) Limited v.T.R. Kohli, Trading As T.R. Kohli And Sons
The Delhi High Court set aside a previous order that had refused the registration of the mark 'JUMBO GUMBO' due to an opposition. The court found that the objection raised by the opponent did not survive because their prior trademark application for 'JUMBO' had been treated as abandoned years earlier. Given the changed circumstances and the opponent's failure to contest the appeal, the High Court directed the Trade Marks Registry to proceed with the registration of 'JUMBO GUMBO'.
Surindar Pal Singh v.Ichhadhari Lassi Old Ichhadhari Lassi and New Ichhadhari and Others
The Madhya Pradesh High Court listed the case involving Surindar Pal Singh and Ichhadhari Lassi Old Ichhadhari Lassi. The court granted time to both parties to verify the outcome or status of a pending rectification application filed under Section 57 of the Trademarks Act. This indicates that the dispute over the trademark's validity or registration is still active and awaiting further judicial determination.
Puma Se v.Surender Singh And Anr.
The Delhi High Court allowed Puma Se's petition seeking cancellation of a deceptively similar trademark, 'P11MA,' registered by Surender Singh in Class 25. The court found that the respondent had slavishly copied the petitioner's established and well-known mark, PUMA, leading to a high likelihood of consumer confusion. Furthermore, the respondent voluntarily agreed not to contest the petition, solidifying the decision for removal.
Spv Laboratories Private Limited v.The Controller General Of Patents And Designs
The appeal was filed challenging the refusal by the Assistant Controller to restore Patent No. 404239, which had lapsed due to non-payment of the renewal fee. The appellant argued that the delay was caused by an exigency in the attorney's family and that the restoration application was filed within the permissible period. The High Court allowed the appeal, holding that a granted patent should not be refused solely on procedural lapse if the restoration application is timely.
Spv Laboratories Private Limited v.The Controller General Of Patents And Designs
The appellant filed an appeal challenging the refusal by the Assistant Controller to restore Patent No. 403793, which had lapsed due to non-payment of the renewal fee. The appellant argued that the delay was caused by a family exigency involving its attorney and that the restoration application was filed within the prescribed period. The High Court allowed the appeal, setting aside the impugned order.
Vellaisamy Thavamani Pandi v.The Controller of Patents & Designs
The appeal challenged an order dated 28.11.2018 passed by the Controller of Patents & Designs, which refused to grant a patent for 'System for construction of composite U shaped reinforced girders bridge deck' under Section 3 of the Patents Act, 1970. The appellants argued that the refusal was arbitrary because the respondent failed to consider their foreign patents and made contradictory findings regarding inventive step.
Mohsin Dehlvi Proprietor Of Dehlvi Naturals v.Sana Herbals Private Limited
The Delhi High Court dismissed an appeal filed by Mohsin Dehlvi Proprietor Of Dehlvi Naturals against a lower court's decision concerning the consolidation of connected trademark rectification proceedings. The appellant argued that a prior transfer of a rectification petition involving the mark 'DEHLVI' should necessitate consolidating all related matters. However, the Court found no infirmity in the impugned order, thereby maintaining the status quo regarding the procedural handling of the cases.
M/s.Mysore Sangam Agarbatti Works v.M/s.Ganga Products
The Madras High Court dismissed the appeal filed by Mysore Sangam Agarbatti Works against the Registrar's decision rejecting its opposition to Ganga Products' trademark application for 'DEVICE OF LORD SHIVA'. The court held that names of Hindu deities are not exclusive and cannot be monopolized, citing established Supreme Court precedents. While dismissing the appeal, the court granted liberty to the appellant to seek cancellation under Section 47 if the mark is eventually registered.
Fena Private Ltd v.Balwinder Kumar & Anr.
Fena Private Ltd successfully petitioned for the cancellation of a similar trademark, 'NIPPU,' registered by Balwinder Kumar in Class 3 goods. The Delhi High Court found that Fena had established prior rights and extensive goodwill with its mark 'NIP' since 1976. Given the identical nature of the goods (detergents/cleaning preparations) and the deceptive similarity between the marks, the court ruled that the impugned registration was obtained dishonestly to trade upon Fena's reputation, leading to its removal from the Register.
Financiere Batteur Sas v.Kalai Arasu
Financiere Batteur Sas successfully petitioned the Madras High Court to cancel a registered trademark, 'Physiolac AR,' held by Kalai Arasu. The petitioner argued that the mark was adopted in bad faith and had suffered prolonged non-use, violating Section 47 of the Trade Marks Act. The court agreed, finding that the lack of genuine use for over five years demonstrated malafide intent to ride on the petitioner's established international reputation. Consequently, the trademark registration was ordered to be removed from the Register.
Tvs Motor Company Limited v.The Controller of Patents and Designs
TVS Motor Company Limited appealed against an order passed by The Controller of Patents and Designs refusing to grant a patent for its innovation, citing lack of inventive step. The appellant argued that the refusal was based on prior art documents without proper reasoning or consideration of their contentions. The Madras High Court quashed the impugned order due to non-application of mind and remanded the matter for fresh consideration.
Tvs Motor Company Limited v.The Controller of Patents and Designs
TVS Motor Company appealed an order from The Controller of Patents and Designs which refused to grant a patent for its innovation, citing lack of inventive step. The appellant argued that the refusal was based on non-speaking orders and failed to properly consider their contentions regarding prior art documents. The High Court quashed the impugned order and remanded the matter back for fresh consideration.