India IP Litigation
7,167 annotated decisions
Page 51 of 299 · 7,167 total
Amazon Technologies Inc. v.The Controller of Patents & Designs
Amazon Technologies Inc. appealed a decision by the Assistant Controller of Patents & Designs refusing to grant a patent for its invention (Application No. 5937/CHENP/2010). The appeal challenged the refusal on the ground that it lacked inventive step, arguing that the refusal order was non-speaking as it failed to provide reasons for how the cited prior art documents applied to the claimed invention.
Bajaj Resources Limited & Anr v.Goyal Herbals Private Limited & Ors
The Delhi High Court permitted the plaintiffs, Bajaj Resources Limited & Anr, to amend their original plaint in a trademark infringement and passing off suit. The court held that introducing subsequent trade mark registrations, evidence of enhanced goodwill, and relevant judicial records did not change the nature or character of the existing dispute. This decision allows the plaintiffs to strengthen their case by incorporating new statutory rights acquired after the suit's inception.
First Fiddle F & B Private Limited v.Big Fish Ventures
Plaintiffs, owners of the brand name "The Lord of the Drinks," sued Defendants for infringing their trademark and damaging goodwill. The plaintiffs alleged that the defendants misused the brand name after a franchise agreement was terminated, leading to public outrage and reputational harm.
Dcm Shriram Limited v.Mr Amreek Singh Chawla & Ors.
The defendants filed an application seeking vacation of an ex-parte ad interim injunction order granted to the plaintiff. The court considered arguments that the plaintiff had suppressed facts, specifically claiming they only discovered the infringing product on 30th October 2024, when in fact they were aware of the defendant's mark since 2018. Consequently, the court vacated the injunction and referred the matter to mediation.
Macleods Pharmaceuticals Ltd. v.The Controller Of Patents & Anr.
Macleods Pharmaceuticals Ltd. (Petitioner) filed a revocation petition against Indian Patent IN 243301, held by Boehringer Ingelheim Pharma GmbH & Co. KG (Respondent No. 2), concerning the anti-diabetic drug LINAGLIPTIN. The Respondent challenged the maintainability of the petition on grounds that it was filed after the patent expired and because invalidity had already been raised in an ongoing infringement suit. The Court dismissed these objections, holding that a revocation petition can be sustained even after the patent term expires.
Krbl Limited v.Praveen Kumar Buyyani & Ors.
The Delhi High Court allowed Krbl Limited's appeal, overturning a Commercial Court decision that had vacated an existing injunction. The court found that the respondent's use of 'Bharat Gate' for rice constituted clear infringement of the appellant's registered trademark 'India Gate.' Citing established legal precedents, the High Court held that prima facie evidence of infringement necessitates the continuation of the injunction to protect the goodwill and reputation of the original mark.
Gensol Electric Vehicles Pvt. Ltd. v.Mahindra Last Mile Mobility Limited
The Delhi High Court dismissed the plaintiff's interim injunction request concerning alleged trademark infringement. Gensol Electric Vehicles sought to restrain Mahindra Last Mile Mobility from using 'eZEO,' claiming prior rights over 'EZIO.' However, the court found that the plaintiff failed to establish a prima facie case for confusion, noting that the defendant had already launched its product while the plaintiff was yet to market theirs. The judgment emphasizes the importance of actual market presence and use when assessing likelihood of confusion.
M/S Fiitjee Ltd. v.Abhishek Sapra
M/S Fiitjee Ltd. challenged an arbitral award, alleging that Abhishek Sapra violated a Non-Disclosure Agreement (NDA) and service contract by diverting vital company information during his employment as Financial Controller. The petitioner sought damages for this breach. The Delhi District Court dismissed the petition, holding that the court cannot review the dispute on merits or set aside the award without finding patent illegality.
Gsp Crop Science Pvt. Ltd. v.General Crop Science Pvt. Ltd. & Anr.
The Delhi High Court addressed several interlocutory applications filed by the defendants/counter claimants. The court condoned a 57-day delay in filing the written statement and directed the numbering of the counter claim seeking revocation of the plaintiff's patent (IN 394568). Further directions were issued regarding discovery and placing sales figures on record.
Jitesh Kumar S/O Omprakash Maheshwary v.Babushah Ibrahimsha Juneja & Anr.
This appeal before the Gujarat High Court challenged an interim injunction granted by the Trial Court in Trademark Suit No. 1 of 2023. The original plaintiffs sought relief against alleged infringement of their registered copyright and passing-off of their trademark 'RAJ KHUSHBU' concerning Ayurvedic Medicinal Oils. The High Court, while not examining the merits of the underlying dispute, quashed the lower court's order on the grounds that it was non-speaking. Consequently, the injunction application was restored to the Trial Court for a fresh hearing.
A.D.Padmasingh Isaac v.M/s.Selvee Indigenous Food Factory India Pvt. Ltd.
The Madras High Court disposed of a complex trademark dispute involving the brands 'AACHI' and 'PARAMPARIYA APPACHI RICE'. The litigation, which sought to cancel a rival mark and restrain infringement, concluded amicably. Both parties entered into a Memorandum of Compromise (MoC) on January 7, 2025, leading the court to dispose of both the petition and the suit without awarding costs.
Novartis Ag v.Natco Pharma Limited
The suit was filed by Novartis seeking permanent injunction against infringement of its patent IN'026. Natco Pharma sought leave to file an additional written statement, arguing that plaintiffs suppressed documents relating to a prior Divisional Application which led to the grant of the patent. The Court allowed the application, holding that Order VIII Rule 9 CPC grants wide discretion to allow such pleadings in the interest of justice.
Syngenta Limited And Anr. v.Gsp Crop Science Private Limited
The plaintiffs filed an application seeking a direction to the defendant to comply with the mutually agreed Terms of Reference (ToR) and provide access to specific documents shared under the ToR. The defendant opposed this, citing concerns over leakage of proprietary information and violation of Section 104A of the Patents Act. The Court ruled in favor of the plaintiffs, directing the defendant to supply the requested information while allowing redaction of supplier names.
Global Health Limited And Anr v.John Doe And Ors
Global Health Limited successfully secured an interim injunction against defendants in a suit alleging trademark infringement, passing off, and violation of personality rights. The plaintiffs sought relief due to the circulation of fabricated 'deep fake' videos featuring Dr. Naresh Trehan, which used the protected brand name 'MEDANTA.' The court directed the defendants to immediately remove or disable the infringing content within strict timeframes, recognizing the irreparable harm caused by the unauthorized use of their intellectual property and goodwill.
Abacus Montessori School v.Abacus International Montessori School; The Registrar of Trade Marks
The Madras High Court ruled in favor of Abacus Montessori School, a long-standing educational institution, by ordering the expungement of a conflicting trademark registration held by Abacus International Montessori School. The court found that despite geographical proximity and differences in scope (e.g., 'International'), the identical use of the mark 'ABACUS' for similar educational services created a likelihood of confusion. The judgment emphasized the importance of prior user rights and established goodwill over subsequent registrations.
Diamond Modular Pvt Ltd. v.Yash Arora As Trading As Siddhi Vinayak Traders And Anr.
The Delhi High Court allowed a rectification petition filed by Diamond Modular Pvt Ltd., leading to the cancellation of the respondent's trademark, 'GREEN DIAMOND.' The court found that the impugned mark was deceptively similar and identical to the petitioner's established trademark 'DIAMOND,' which had significant goodwill and reputation in the electrical goods market since 1975. Crucially, the judgment highlighted the dishonest adoption by the respondent, who was an ex-distributor of the petitioner, thereby reinforcing the principle against riding on a competitor's reputation.
RPG Enterprises Limited v.RPG Industrial Products Pvt Ltd.
The Delhi High Court granted a rectification petition filed by RPG Enterprises Limited against RPG Industrial Products Pvt Ltd., leading to the cancellation of the respondent's trademark registration (No. 2778255). The court found that the impugned mark wrongfully incorporated the petitioner’s well-known 'RPG' brand, which has acquired distinctiveness and secondary meaning through long-standing use across various industries. This decision reinforces the principle that a registered mark cannot be maintained if it is deceptively similar to an established, widely recognized trademark.
M/s.TTK Prestige Limited v.Sarvodaya Industries
M/s. TTK Prestige Limited filed a suit against Sarvodaya Industries alleging trademark and copyright infringement, as well as passing off. The plaintiff claimed that the defendant was using the deceptively similar mark 'PROTEIN' to infringe upon the registered trademarks and artistic logo of 'PRESTIGE'. Both parties ultimately reached an amicable settlement, which the court subsequently recorded and decreed.
Novartis Ag v.Natco Pharma Limited
The case was filed for a permanent injunction against NATCO PHARMA for infringing on Novartis's Indian Patent No. 233161. The parties reached an amicable settlement during the proceedings.
Apollo Pipes Ltd v.Nirmal Polymers
Apollo Pipes Ltd filed a commercial suit seeking permanent injunction against Nirmal Polymers for infringing its well-known trademarks ('APOLLO', 'APL APOLLO'). The plaintiff alleged that the defendant was using deceptively similar marks like 'A ONE APOLLO' in relation to PVC pipes and building material products, causing financial loss and damaging goodwill. The court passed an ex-parte decree in favor of Apollo Pipes Ltd.
Under Armour, Inc v.Pro-Train Sports Llp & Ors
In a trademark infringement suit filed by Under Armour against Pro-Train Sports LLP, the Delhi High Court addressed an application seeking exemption from mandatory pre-institution mediation. Despite the plaintiff alleging identical trade and business operations, including the use of similar logos (a bull), the court opted not to grant the exemption. Instead, it referred the matter to Pre-Institution Mediation, setting a date for January 15, 2025.
Junior Kuppanna Kitchens Pvt. Ltd. v.Kuppanna Foods
Junior Kuppanna Kitchens Pvt. Ltd filed suit against Kuppanna Foods, among others, alleging multiple infringements across trademarks and copyright. The plaintiff sought permanent injunctions to stop the use of deceptively similar marks like 'KUPPANNA FOODS' and 'Kuppanna', as well as damages for dilution and tarnishment. Ultimately, the parties reached a compromise, leading the Madras High Court to decree the suit based on the Memorandum of Compromise.
Tube Investments Of India Ltd. v.BSA-Regal Group Ltd.
This case involved disputes between Tube Investments Of India Ltd. and the BSA-Regal Group Ltd. concerning the use of the 'BSA' trademark on motorcycles, parts, and accessories. Both parties filed suits alleging infringement and passing off under the Trade Marks Act, 1999. However, during the proceedings before the Madras High Court, both plaintiffs successfully endorsed that their respective suits had been settled out of court.
Thermo Electrics Madras Manufacturing v.P.R.Gopalakrishnan
Plaintiffs filed a civil suit seeking permanent injunction against the defendants for committing piracy through fraudulent imitation of four registered designs (No. 193288, 193289, 193290, 193291) related to Extraction and Heating Mantles. The plaintiffs alleged that the first defendant had access to their trade secrets and designs during his employment with the second plaintiff, leading to unauthorized imitation.