India IP Litigation

7,456 annotated decisions

7,456
Decisions
6
IP Types
10
Courts

Page 59 of 311 · 7,456 total

patent mixed · Mar 18, 2025

Bhole Nath Foods Ltd v.Kirorimal Kashiram Marketing And Agencies Pvt Ltd

Delhi High Court - Orders · 98832326

The Delhi High Court granted an interim stay on a Commercial Court's injunction, which had previously barred Bhole Nath Foods Ltd from using its 'Cheetal' trademark. The court found that there was no phonetic or visual similarity between 'Cheetal' and the respondent's 'Double Deer,' noting that the appellant held a valid registration dating back to 2007. This decision allows the appeal to proceed without immediate restriction on the use of the disputed mark.

patent remanded · Mar 17, 2025

Nissan Motor Co. Ltd. v.The Controller Of Patents And Designs and Anr.

Calcutta High Court · 108431534

Nissan Motor Co. Ltd appealed an order by the Controller rejecting its patent application (3623/KOLNP/2013) due to lack of inventive steps. The court set aside the rejection, finding that certain cited prior art documents (D5 and D8) were inadmissible because they were published after the priority date.

trademark mixed · Mar 17, 2025

Gurpal Singh v.Bhim Sain Wadhwa

Delhi High Court - Orders · 135983413

The Delhi High Court addressed an application seeking to introduce historical letters and recent Income Tax Returns (ITRs) into a trademark dispute concerning the mark 'KHUSHDIL'. The court allowed the plaintiff to place on record old letters, which lend credence to the origin of the name through state functionaries. However, the request to admit ITRs spanning 2010 to 2025 was rejected due to the belated nature of the filing and adherence to commercial suit procedures. This decision allows the case to proceed with a mix of historical evidence and existing records.

patent remanded · Mar 13, 2025

University of Washington v.The Assistant Controller of Patents and Designs

Madras High Court · P115741907

The University of Washington appealed a rejection order by the Assistant Controller of Patents and Designs regarding its patent application for methods using cell-free DNA to identify diseases. The original rejection was based on Section 3(i) of the Patents Act, arguing that the method found application in diagnostics. The High Court set aside this order, clarifying that Section 3(i) applies only if the invention 'per se disclose pathology' to a person skilled in the art.

patent remanded · Mar 13, 2025

The Chinese University of Hong Kong v.The Assistant Controller of Patents and Designs

Madras High Court · P60314411

The Chinese University of Hong Kong appealed an order rejecting its patent application for a method to detect genetic aberrations associated with cancer. The appellant argued that the rejection was based on flawed reasoning regarding Sections 3(i), 3(k), and 10(4)(c) of the Patents Act, 1970. The Madras High Court set aside the impugned order and remanded the matter for re-consideration.

patent remanded · Mar 13, 2025

The Chinese University of Hong Kong v.The Assistant Controller of Patents and Designs

Madras High Court · 37795927

The Chinese University of Hong Kong appealed an order rejecting its patent application for a method related to detecting genetic aberrations associated with cancer. The appellant argued that the rejections under Sections 3(i), 3(k), and 10(4)(c) were flawed, citing lack of reasoning and procedural unfairness. The High Court set aside the impugned order and remanded the matter for fresh consideration.

patent remanded · Mar 13, 2025

University of Washington v.The Assistant Controller of Patents and Designs

Madras High Court · 184473926

The University of Washington appealed the Assistant Controller's order rejecting its patent application (No. 201747006075). The rejection was primarily based on Section 3(i), arguing that the method for detecting tumor-derived cell-free DNA falls under diagnostic processes and is therefore not patentable. The High Court set aside the impugned order, clarifying that Section 3(i) applies only to inventions that 'per se disclose pathology' to a person skilled in the art, and remanded the matter for reconsideration.

trademark plaintiff favorable · Mar 12, 2025

Dominos Ip Holder Llc & Anr. v.M/S Dominic Pizza & Ors.

Delhi High Court - Orders · 19125262

Dominos Ip Holder LLC successfully secured an interim injunction against M/S Dominic Pizza & Ors. in the Delhi High Court. The court recognized that the defendant's use of names like 'Dominic Pizza' and 'Domindo Pizza' was highly likely to cause confusion, deception, and passing off with the globally renowned Domino's brand. This preliminary order provides immediate protection for the plaintiff's trademarks while the main suit proceeds.

patent mixed · Mar 12, 2025

Play Games 24X7 Private Limited v.R Y Easy Shop Private Limited & Anr.

Delhi High Court - Orders · 80462741

The Delhi High Court issued an order in the trademark and copyright infringement suit filed by Play Games 24X7 Private Limited. The plaintiff informed the court that they had identified additional entities infringing their intellectual property rights and would seek impleadment of these parties. The court directed the matter to be listed before the Joint Registrar on April 23, 2025, while continuing the existing interim order.

patent remanded · Mar 11, 2025

Milliken And Company v.Controller Of Patents And Designs & Anr.

Delhi High Court · 140110110

Milliken And Company appealed the Assistant Controller's order refusing to grant an Indian patent application. The appellant argued that the Controller failed to consider a crucial expert statement by Dr. Nathan A Mehl. The High Court found merit in the appeal, holding that foreign decisions are not binding and directing the matter back for fresh consideration.

patent plaintiff favorable · Mar 11, 2025

Bionorica Se v.Union Of India And Ors

Calcutta High Court · 183599487

Bionorica Se appealed against a rejection order passed by the Patent Controller, which cited non-compliance with Section 10(4)(b) of the Patents Act. The appellant argued that the rejection was perverse and lacked reasoned application of mind. The High Court set aside the impugned order, finding it cryptic and unreasoned, and remanded the matter back to the Controller for a fresh hearing on merits.

patent plaintiff favorable · Mar 11, 2025

Vinod Kumar Lakhotiya v.The Registrar Of Trade Marks, (Govt. Of India)

Rajasthan High Court - Jodhpur · 53793115

In this writ petition, Vinod Kumar Lakhotiya sought judicial intervention to expedite the pending registration of his trademark 'LAKHOTIA DURGA' in Class 29. The petitioner argued that previous opposition had been resolved through a compromise and there was no longer any impediment to registration. The Rajasthan High Court agreed with the prayer, issuing a mandamus-like direction to the Registrar of Trade Marks to decide the application expeditiously, preferably within eight weeks.

patent plaintiff favorable · Mar 11, 2025

Ambika Ramesh v.The Deputy Registrar Of Trade Marks

Kerala High Court · 81876531

Ambika Ramesh filed a writ petition seeking intervention regarding her registered Ayurvedic product trademarks. Despite inadvertently missing the renewal deadline, she submitted a detailed representation outlining her grievances. The Kerala High Court intervened, directing the Registrar of Trade Marks to expeditiously consider and dispose of the petitioner's pending representation within 60 days, ensuring due process.

trademark plaintiff favorable · Mar 11, 2025

M/s. Effra Life Science v.The Registrar of Trade Marks

Madras High Court · 179658602

The Madras High Court set aside the Registrar of Trade Marks' rejection of M/s. Effra Life Science's application for a device mark registration. The court found that despite both marks being in Class 35, the appellant's business (marketing pharmaceutical products) was fundamentally different from the cited prior mark's business (repair and installation of machinery). This distinction negated the likelihood of confusion, allowing the application to proceed to advertisement.

patent plaintiff favorable · Mar 7, 2025

Neeraj Jain v.Controller General Of Patents, Designs and Trademark & Anr.

Delhi High Court - Orders · 164441637

Neeraj Jain challenged the rejection of his design application (No. 393302-001), which was deemed abandoned due to a delay in filing the Power of Attorney (POA) and subsequent reply to the FER. The Controller had rejected the application because the response was filed beyond the stipulated six-month period. The Delhi High Court, recognizing a bona fide mistake by the petitioner's agent, intervened.

patent plaintiff favorable · Mar 7, 2025

Ciena Corporation v.Union Of India & Ors.

Delhi High Court · 86093980

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.

patent dismissed · Mar 7, 2025

Sonani Industries Pvt. Ltd v.Galactica Processing Technologies Llp

Supreme Court - Daily Orders · 47696606

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.

patent pending · Mar 7, 2025

Fresenius Kabi Ipsum Srl v.The Asst Controller Of Patent And Designs & Anr.

Delhi High Court - Orders · 156926425

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.

patent plaintiff favorable · Mar 7, 2025

BASF SE v.JOINT CONTROLLER OF PATENTS AND DESIGNS AND ORS

Calcutta High Court · 77454903

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.

patent mixed · Mar 7, 2025

Kandamkulathy Ayurveda Vaidyasala v.The Registrar Of Trade Marks

Kerala High Court · 70934703

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.

patent remanded · Mar 6, 2025

Shaperon Inc. v.Assistant Controller of Patents and Designs, Government of India

Madras High Court · 12969129

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.

patent pending · Mar 5, 2025

Jay Switches India Pvt. Ltd. v.Sandhar Technologies Ltd.

Delhi High Court - Orders · 143646290

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.

patent mixed · Mar 5, 2025

Mukesh Chand Khandelwal Trading As M/S Khandelwal Brothers v.M/S S N Biri Factory Pvt Ltd & Anr.

Delhi High Court - Orders · 120119175

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.

trademark plaintiff favorable · Mar 5, 2025

YC Electric Vehicle v.Bhuvneesh Kapoor Proprietor Of Two Friends Auto Electric Co.

Delhi High Court - Orders · 161964731

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.

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