India IP Litigation
7,068 annotated decisions
Page 6 of 295 · 7,068 total
Trackon Couriers Private Limited v.B N Srinivas
The Plaintiff, a courier service company, sought an interim injunction against the Defendant for using marks containing 'TRACK-ON' or 'TRACK-ON EXPRESS', which are confusingly similar to the Plaintiff's registered trademarks. The court found that the Plaintiff had made out a strong prima facie case and granted temporary relief.
Mitsui Chemical Agro Inc v.The Controller Of Patents
The appellant, Mitsui Chemical Agro Inc., challenged a rejection order issued by The Controller of Patents. The court heard preliminary submissions regarding whether the sufficiency of disclosure under Section 10(4) was complied with and if the rejection order lacked adequate reasons.
Sanjeev Kumar Juneja And Another v.Terrace Pharmaceuticals Pvt Ltd
The Punjab-Haryana High Court addressed a revision petition concerning a composite trademark infringement and passing off suit. The court held that while joinder of causes of action is permissible under CPC, the delay in trial due to combining both claims necessitated modification. Consequently, the court granted the defendant time to seek rectification of the plaintiff's registered mark, stayed the infringement claim for three months, and directed that the passing off claim be tried as a separate suit.
Gloster Limited (SRA) v.Gloster Cables Limited & Ors.
The Supreme Court addressed a complex dispute regarding the ownership and status of the trademark 'Gloster' within the context of insolvency proceedings (IBC). The core issue was whether the trademark, which had been assigned to Gloster Cables Limited (GCL), remained an asset of the Corporate Debtor. The Court ultimately set aside the Adjudicating Authority’s finding that the trademark belonged to the Corporate Debtor, but clarified that this ruling did not definitively resolve the underlying title dispute between the parties. This judgment highlights the limitations of insolvency forums in adjudicating complex intellectual property ownership claims.
Symrise Ag v.The Assistant Controller Of Patents And Designs
Symrise Ag filed an appeal challenging the Assistant Controller's decision to reject its patent application (No. 202117041016) for 'An Antimicrobial Mixture', holding that it was not patentable under specific sections of the Patents Act, 1970. The High Court issued notice and directed the respondent to file a reply within four weeks.
Saisun Pharma Pvt Ltd v.Novartis Ag & Anr.
Saisun Pharma Pvt Ltd filed a petition before the Delhi High Court. The petitioner submitted that a third-party post grant opposition had led to the revocation of the patent held by the respondents under Section 25(2) read with Section 25(4) of the Patent Act, 1970. Consequently, the court dismissed the present petition as infructuous.
M/S Coral Drugs Private Limited v.The Assistant Controller Of Patents And Designs and Anr
The appellant, M/S Coral Drugs Private Limited, filed an affidavit seeking leave from the Delhi High Court to amend its claims in a patent application. The company asserted that the amendments were lawful, bona fide, and did not broaden the original disclosure, but merely provided clarification.
Steer Engineering Private Limited v.Uvw Extruder
Steer Engineering Private Limited appealed against a commercial court order that dismissed its application for temporary injunction. The dispute centered on the alleged infringement of Patent No. 318271, titled 'Stress Concentration Free Spline Profile', which protects components used in Twin Screw Extruders. The High Court allowed the appeal and granted an interim injunction restraining the respondents from infringing the patent during the pendency of the suit.
M/s. Pyromaitre Thermal India Pvt. Ltd. v.Pyromaitre INC. Thr Its Authorized Rep
The applicant (M/s. Pyromaitre Thermal India Pvt. Ltd.) filed a revision application challenging an order that rejected its application for rejection of the plaint in a commercial suit. The dispute centered on allegations of infringement of the plaintiff's industrial oven design by the respondent. The High Court upheld the lower court's decision to reject the application, finding no grounds for rejection.
Dr. Dulal Kumar De v.Union Of India & Ors.
The petitioner challenged the rejection of his patent application for 'Herbal Anti-Venom against Catfish Sting' on grounds of abandonment. The core dispute revolved around whether the service of the First Examination Report (FER) via email, rather than registered post, invalidated the time limits under the Patents Act, 1970.
Karan Rathore v.Registrar Of Trade Marks & Anr.
Karan Rathore appealed a decision by the Registrar of Trade Marks that dismissed his opposition against the registration of the mark 'JBR'. The dispute centered on whether 'JBR' was likely to cause confusion with Karan Rathore's pre-existing device mark used for motor parts and automotive accessories. The court allowed the appeal, finding that both marks were identical and the goods were similar enough to warrant refusal.
Hirotsu Bio Science Inc v.Assistant Controller Of Patents And Designs
Hirotsu Bio Science Inc appealed the rejection of its patent application for a cancer detection method using nematode olfaction. The Appellant argued that the invention was merely a detection method (in vitro) and not a diagnosis, despite descriptive language in the specification. However, the High Court upheld the original order, finding that the claimed method functioned as a diagnostic method under Section 3(i) of the Act.
Viacyte Inc v.Deputy Controller Of Patents And Designs
Viacyte Inc appealed a rejection order from the Deputy Controller of Patents regarding an invention for a bioreactor used to culture primate pluripotent stem cell-derived cell aggregates. The Controller rejected the application, finding it lacked inventive steps and failed disclosure requirements. The High Court upheld the Controller's decision.
Vishal Choudhary v.SNPC Machines Private Limited
Vishal Choudhary appealed an order that restrained him from manufacturing and selling subject brick-making machines, which were patented by SNPC Machines Pvt. Ltd. The appeal primarily raised issues of territorial jurisdiction and the merits of patent infringement. The court dismissed the appeal, upholding the injunction in favor of the plaintiff (SNPC).
Ashish Padia v.Arjan Impex Pvt Ltd
The plaintiff filed a suit against the defendant alleging infringement across multiple IP rights, including patents, designs, and copyrights related to 'Bonded Fusion Bowl' and various bowl designs. The court framed several issues regarding infringement, patent revocation, and entitlement to damages.
Curewin Pharmaceuticals Pvt. Ltd. v.Registrar Of Trademarks Govt. Of India
The Madhya Pradesh High Court granted an interim measure in the trademark opposition case filed by Curewin Pharmaceuticals Pvt. Ltd. against the Registrar of Trademarks, Government of India. The court directed that no further proceedings related to the specific publication date (11.08.2025) shall be taken until the next hearing date. This temporary stay provides crucial breathing room for the petitioner while procedural requirements are met.
Koninklijke Kpn N V v.Guangdong Oppo Mobile Telecommunications Corp Ltd & Ors.
The case involves Koninklijke Kpn N V alleging infringement of its Standard Essential Patent (SEP) portfolio by Guangdong Oppo Mobile's WebRTC compliant devices. The court issued several orders regarding procedural matters, including granting extensions, allowing the filing of confidential documents, and setting dates for interim injunction hearings.
Bayer Healthcare Llc v.Controller Of Patents And Designs & Ors.
Bayer Healthcare Llc filed an appeal seeking to set aside a previous order and obtain a patent for application number 1788/DELNP/2007. However, the appellant subsequently sought to withdraw the appeal on the ground that the patent term had expired.
Siyaram Silk Mills Limited v.Stanford Siyaram Fashion Private Limited
The Plaintiff, Siyaram Silk Mills Ltd., filed a suit seeking to restrain the Defendants from infringing its registered trade mark 'Siyaram' and passing off their products. The Defendants raised defenses including prior use since 1992 and acquiescence by the Plaintiff. The Court found that the Plaintiff had a strong prima facie case, concluding that the defendants' adoption was dishonest and granting interim relief.
Zydus Lifesciences Limited v.E. R. Squibb And Sons, Llc
Zydus Lifesciences appealed an injunction restraining it from selling its anti-cancer drug ZRC 3276, which was allegedly infringing E. R. Squibb's patent (5C4). The court considered the conflict between protecting IP rights and ensuring access to life-saving medication. Ultimately, the court modified the order by vacating the injunction but requiring Zydus to file audited accounts of sales until the patent expires.
Mohd Haroon Trading And Proprieties v.M/S Burhanpur Jalebi Centre
This matter originated from a civil suit filed by M/S Burhanpur Jalebi Centre seeking an injunction against Mohd Haroon Trading And Proprieties for trademark infringement. The petitioner challenged the trial court's rejection of their application regarding mandatory pre-litigation mediation proceedings. However, the Madhya Pradesh High Court ultimately dismissed the petition, ruling that it lacked jurisdiction because the impugned order was passed by a Civil Judge below the rank of a District Judge, necessitating an appeal to the appropriate Commercial Appellate Court.
Kapil Goyal v.The Registrar Of Trade Marks
Kapil Goyal appealed the refusal by The Registrar of Trade Marks to register the mark 'DOUBLE-CHOICE' under Section 91 of the Trade Marks Act, 1999. The initial rejection was based on the mark being non-distinctive and descriptive. The High Court allowed the appeal, finding that the reasoning for deeming the mark descriptive was unfounded, especially since the application was filed on a proposed-to-be-used basis.
Trutech Machinery v.Controller of Patents & Anr.
Trutech Machinery challenged the Assistant Controller's order allowing a patent application for an improved round corner cutting machine. The Petitioner raised objections under Section 25, including anticipation and lack of inventive step. The Court found no legal error in the summary inquiry conducted by the Controller and directed the Petitioner to seek revocation under Section 64.
Steigerwald Arzneimittlewerk Gmbh v.Assistant Controller Of Patents And Designs
The Appellant challenged the Assistant Controller's refusal to grant a patent application (No. 1285/DEL/2009) on grounds of lack of novelty and inventive step. The invention relates to a method for producing a plant-based medicament, Iberogast, which requires a specific mixing sequence for stable quality. The High Court found infirmities in the Controller's order regarding the reasoning under Sections 3(d) and 3(e), setting aside the Impugned Order and remanding the matter.