India IP Litigation
7,167 annotated decisions
Page 54 of 299 · 7,167 total
Department of Atomic Energy v.Assistant Controller of Patents and Designs
The Department of Atomic Energy challenged an order from the Assistant Controller of Patents refusing to process its patent application No. 201921029932, citing a delay in submitting the power of attorney. The petitioner argued that they had substituted a fresh power of attorney which was accepted by the respondents. The High Court quashed the refusal order, finding it passed without proper consideration and violating natural justice.
Fashion Chemicals GmbH & Co.KG v.Registrar of Trade Marks
The Madras High Court allowed an appeal filed by Fashion Chemicals GmbH & Co.KG against the refusal of its trademark registration for 'REPELLAN'. The court found that the Assistant Registrar's original order was cryptic, non-speaking, and violated principles of natural justice because it failed to consider the appellant's detailed arguments regarding the difference in goods (textile vs. construction) between 'REPELLAN' and the cited mark 'REPELLIN'. Consequently, the impugned order was quashed, and the Registrar was directed to publish the trademark for public opposition.
Ranjitkumar Saklchand Jain v.Pratapchand (Deceased) & Others
The Madras High Court dismissed a rectification petition filed by Ranjitkumar Saklchand Jain seeking to remove the trademark 'SANGHVI' from the register. The core dispute centered on whether the petitioner was a prior user of the mark for Roti Makers, despite having registered it later than the respondents. The court found that the petitioner failed to provide satisfactory documentary evidence, such as invoices or sales turnover, to substantiate his claim of continuous use since 1996, thereby upholding the validity and protection rights of the respondent's trademark.
M/s Architectural Solution and Production v.Sandeep Kumar Jangid Trading as M/s Bhavishya
The plaintiff filed a suit alleging illegal acts of infringement, piracy, passing-off, and unfair trade competition against the defendant regarding its registered design. The plaintiff is involved in manufacturing and trading lamps and LED lights. The court passed a summary judgment in favor of the plaintiff.
Divya Novelty v.Commissioner of Customs, Mundra
Divya Novelty appealed against the absolute confiscation and penalties imposed by Customs for importing shoes bearing famous brand names (NIKE, ADIDAS, etc.), which were deemed counterfeit. The Tribunal found that since the required procedure under IPR Enforcement Rules was not followed, the goods could not be held prohibited for confiscation. Furthermore, the valuation method used by the Revenue was deemed illegal.
Lenovo (Singapore) Pte. Ltd. v.Rpd Workstations Private Limited
Lenovo successfully challenged the registration of the mark 'THINBOOK' belonging to Rpd Workstations Private Limited in the Madras High Court. Lenovo, asserting its status as the originator and exclusive proprietor of the 'THINK Family of Marks,' demonstrated that the impugned mark was deceptively and phonetically similar to its established brand. The court ruled in favor of Lenovo, directing the cancellation and removal of the infringing trademark from the Register, thereby protecting Lenovo's goodwill and reputation in the market.
Hindustan Aeronautics Limited v.Commissioner of Central Excise & CGST, Lucknow
Hindustan Aeronautics Limited appealed a demand for Service Tax, interest, and penalty levied by the Commissioner of Central Excise & CGST. The department treated payments made to foreign vendors for manuals, software, and license fees related to aircraft manufacturing/repair as taxable services (Transfer of IP Rights). The Tribunal ruled in favor of HAL, finding that these amounts were merely amortization costs for intangible assets and not consideration for services received.
Jay Switches India Pvt Ltd v.Sandhar Technologies Ltd & Ors.
The plaintiff filed a suit seeking permanent injunction against the defendants for infringing its patented 'Air Tight Fuel Cap' and registered design 'Fuel Tank Cap for Vehicle'. The court examined the infringement claims, noting ambiguities in the patent claims. Ultimately, the court dismissed the application for interim injunction, finding that the balance of convenience favored the defendants.
Boehringer Ingelheim Vetmedica Gmbh v.The Controller Of Patents
Boehringer Ingelheim Vetmedica Gmbh appealed a rejection order passed by The Controller of Patents, which refused their application for "Containers for Compositions Comprising Meloxicam." The initial refusal was based on lack of novelty and inventive step in light of cited prior art. The appellant argued that the Controller failed to address their detailed written submissions distinguishing the invention from the prior arts. The Delhi High Court agreed, noting the Controller's order merely reproduced objections without proper consideration of the arguments, and consequently set aside the rejection, remanding the matter for fresh, reasoned consideration.
Poorliya Mobiles World And Electronics v.Kanni Uvaraj and Poorvika Mobiles Pvt. Ltd.
The Madras High Court disposed of an appeal concerning a trademark dispute between Poorliya Mobiles World And Electronics and Kanni Uvaraj/Poorvika Mobiles Pvt. Ltd. The parties reached a full and final settlement during the hearing. The appellant accepted the original trial court decree, provided they paid Rs. 1 lakh in damages, and formally undertook not to infringe upon the respondents' registered trademark.
Mankind Pharma Limited v.S.A Medline Private Limited
Mankind Pharma Limited and S.A Medline Private Limited reached a joint settlement in the Delhi High Court regarding a trademark dispute. As part of the compromise, the defendant agreed to withdraw its contested trademark registration (No. 5328362) within seven days. The court accepted the terms, decreeing the suit against the defendant and allowing for a refund of court fees.
Dcm Shriram Limited v.Mr Arvind Kumar & Anr.
Dcm Shriram Limited successfully secured an ex-parte ad-interim injunction against Mr. Arvind Kumar & Anr. in the Delhi High Court. The court found that the defendants' use of identical packaging and trade dress for their product was a slavish imitation of the plaintiff's registered trademark, 'SHRIRAM 303'. Given the likelihood of market confusion and irreparable injury to Dcm Shriram Limited, the court granted immediate relief restraining the defendants from using any deceptively similar marks or designs.
BASF SE v.The Deputy Controller of Patents and Designs, The Patent Office
BASF SE appealed an order by the Deputy Controller refusing to grant a patent for a Divisional Application. The refusal was based partly on the timing (filing after original patent grant) and lack of distinctiveness. The High Court quashed the order, finding that the timing issue was not proven against the appellant and that principles of natural justice were violated.
BASF SE v.The Deputy Controller of Patents and Designs, The Patent Office
BASF SE appealed against an order refusing to grant a patent for its Divisional Application. The refusal was based partly on timing and lack of distinctiveness. The High Court quashed the order, finding that the respondent failed to consider the fact that the application was filed on the same day as the original patent grant, and also violated principles of natural justice.
Sharad Mehra v.Sanjay Mehra
In a dispute stemming from a prior settlement between two brothers, Sharad Mehra filed an application alleging that Sanjay Mehra was violating the terms of their agreement by misusing the trade name 'Superon' and interlinking group companies. The Delhi High Court found prima facie evidence suggesting a violation of the Settlement Terms regarding the use of promotional materials at an International Trade Fair. Consequently, the court issued interim directions compelling the Respondent to immediately remove all banners and stop using any promotional material that conjunctively uses their company names.
Mankind Pharma Limited v.Micor Labs Limited
Mankind Pharma Limited sought the rectification of Micor Labs Limited's trademark 'DOLOBENE', arguing it was deceptively similar to their mark 'DOLOBAN'. The Madras High Court ultimately dismissed the petition, primarily on the grounds of inordinate delay and acquiescence. The court found that Mankind had lost its right to claim prior user due to the significant lapse between Micor Labs' registration date and the filing of the rectification application.
M/S Shilpa Medicare Limited v.M/S. Salus Pharmaceuticals And Another
The defendants filed an application seeking rejection of the plaint on the grounds that the plaintiff had not demonstrated urgency and failed to comply with the mandatory requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. The court found contradictions in the plaintiff's statements regarding when they became aware of the infringement and noted a significant delay between knowledge/patent grant and filing the suit.
United Spirits Limited & Anr. v.Globus Spirits Limited
In a recent order, the Delhi High Court addressed an application filed by Globus Spirits Limited seeking leave to cancel trademark registrations held by United Spirits Limited. The defendant argued that the plaintiffs' trademarks were not in use. The court accepted notice from the plaintiffs and directed them to file a reply within four weeks, followed by a rejoinder within two weeks, setting the next hearing for February 24, 2025.
The Research Foundation for the State University of New York v.The Controller of Patents, The Patent Office
The appellant challenged the Controller's order rejecting its patent application, citing issues with both claim amendments and failure to meet the time limit for filing the National Phase Application. The court found that the respondent failed to properly consider the provisions allowing condonation of delay (Rule 138) and erroneously rejected the application based on non-application of mind.
Syngenta Crop Protection Ag v.Assistant Controller Of Patents
Syngenta Crop Protection Ag challenged the refusal of its patent application, which covered methods for controlling rice plant infestations using a specific compound. The initial rejection was based on the argument that these methods constituted 'methods of agriculture' and were thus unpatentable under Section 3(h) of the Patents Act. The Delhi High Court overturned this decision, holding that a method of treating plants is distinct from fundamental agricultural practices. Consequently, the matter was remanded to the Controller for fresh examination.
Gautam Bhatia v.Vinayak Enterprises
Gautam Bhatia filed an application seeking permission to amend the claims of his Indian Patent No.410993, which relates to a method for preparing an adhesive. The plaintiff sought to narrow the scope of the process and product claims by defining the ratio of modified starch to various powders within a specific range (1:1 to 1:5). Despite the defendant opposing the amendment, the court allowed it, finding that the proposed changes were clarificatory, narrowing the scope, and supported by the original complete specification.
Ganesh Grains Ltd. v.Dharmendra Kumar Gupta & Anr.
The Delhi High Court allowed a rectification petition filed by Ganesh Grains Ltd., leading to the removal of the 'GANESH HARA MATAR' trademark registered by Dharmendra Kumar Gupta & Anr. The court found that the impugned mark was deceptively similar to the Petitioner’s long-standing and well-established 'GANESH' brand, which has been in use since 1936. Furthermore, the Respondent failed to provide evidence of actual user of the mark, leading the Court to cancel the registration under Section 47(1)(b) of the Trade Marks Act.
Intervet International B.V. v.Deputy Controller Of Patents & Design
Intervet International B.V. challenged the Deputy Controller's refusal to grant a patent for its novel crystalline forms of the drug 20, 23 dipiperidinyl-5-O-mycaminosyl-tylonolide. The appeal argued that the rejection was arbitrary and non-speaking, failing to adequately consider expert evidence regarding superior stability. The Madras High Court agreed, finding a violation of natural justice in the original order.
Signal Pharmaceuticals v.Deputy Controller of Patents and Designs, Patent Office
Signal Pharmaceuticals appealed an order from the Deputy Controller of Patents refusing to grant a patent for its mTOR kinase inhibitors. The appellant argued that the refusal was based on a non-speaking order, failing to properly appreciate evidence and ignore the inventive step and therapeutic efficacy of the compound. The High Court quashed the impugned order and remanded the matter back for fresh consideration.