India IP Litigation
7,167 annotated decisions
Page 60 of 299 · 7,167 total
Sanjeev Gupta v.Aman Gupta Trading As M/S Delhi Electricals Trading Company & Anr.
The Delhi High Court addressed multiple petitions concerning trademark disputes between family members. The cases involved rectification requests challenging the registration of marks like 'USHA' and a suit seeking injunction against alleged infringement using the mark 'ANUSHA'. Given the familial nature of the dispute, the court opted not to proceed with immediate litigation. Instead, the parties were referred to Pre-Institution Mediation to explore an amicable resolution. This order highlights the judiciary's preference for alternative dispute resolution (ADR) in complex family IP disputes.
M/S Khubsons Electronics Llp Through Its Partner Mr. Bharat Khubchandani v.Mr. Gautam Puniani Trading As Yk Enterprises
In a case concerning trademark infringement, the Delhi High Court formalized an amicable settlement between M/S Khubsons Electronics Llp (Plaintiff) and Mr. Gautam Puniani Trading As Yk Enterprises (Defendant). The parties agreed that the Defendant infringed upon the Plaintiff's well-known trademarks (TAKAI / HAK), acknowledged their rights, and committed to ceasing all use of similar marks. The court decreed the suit based on these terms, which included the cancellation of the infringing trademark and a payment of liquidated damages.
Manish Kumar Jain & Another v.Tushar Saraf & Ors.
The Calcutta High Court addressed an appeal challenging a prior interim trademark injunction. The court found that while the initial stay was granted based on prima facie evidence, further material had become available to both parties. Consequently, the appeal was dismissed, but the original interim order restraining the appellants from using the marks 'JJ DELUX' and related forms was extended until September 20, 2024, allowing for a comprehensive review by the trial judge.
Gm Modular Pvt. Ltd. v.Mumtaz Ahmed & Anr.
The Delhi High Court addressed an application filed by Gm Modular Pvt. Ltd. seeking the removal or rectification of the registered trademark 'GMW' (No. 1978669) from the Register, alleging that it is deceptively and confusingly similar to their own mark. The court accepted notice and directed that respondent no. 1 be served with notice, allowing them four weeks to file a reply. This order sets the stage for further litigation on trademark infringement and rectification grounds.
Ananda Vikatan Publishers (P) Ltd. v.News Tamil 24 x 7 / S Plus Media Ltd.
Ananda Vikatan Publishers challenged an earlier dismissal order by the Commercial Division regarding its request for permanent injunctions against News Tamil 24 x 7 and S Plus Media Ltd. The core dispute involved allegations of passing off a mark ('KAZHUGU') and copyright infringement related to 'MISTER KAZHUGU'. The Madras High Court, while noting that the original order failed to compare the competing marks adequately, opted for a consent order.
Paragon Cable India & Anr. v.Essee Networks Private Limited & Ors.
The Delhi High Court decreed the suit filed by Paragon Cable India against Essee Networks Private Limited, upholding a settlement agreement reached between the parties. The core dispute involved the infringement and passing off related to the trademark 'ELEKTRON'. Crucially, the court directed the Trademark Registry to expeditiously transfer the rights of the 'ELEKTRON' mark into the name of the plaintiffs, formalizing the assignment made by the defendants.
Havells India Limited & Anr. v.Havai Home Products Pvt. Ltd. & Ors
The Delhi High Court has initiated proceedings in the suit concerning the alleged infringement of the 'HAVELLS' trademark. The court allowed several procedural applications filed by Havells India Limited, granting exemptions from pre-litigation mediation and advance service upon the defendants. Furthermore, the court registered the plaint seeking permanent injunctions for trademark infringement, passing off, and copyright violation, while also addressing an application for interim relief based on the plaintiff's well-known mark status.
Louis Vuitton Malletier v.Ashok Kumar & Ors.
The Delhi High Court granted an ad-interim ex parte injunction in favor of Louis Vuitton Malletier against the defendants. The court found that the plaintiff, a well-known luxury brand, had made out a prima facie case for infringement of its registered trademark 'LV' and associated copyrights. This interim order immediately restrains the defendants from manufacturing or selling products featuring marks identical or deceptively similar to LV, pending further proceedings.
Headout Inc. v.Ashok Kumar / John Doe And Ors.
Headout Inc. successfully secured an interim injunction against the defendants in the Delhi High Court, addressing claims of trademark infringement and passing off. The court granted a permanent injunction restraining the use of confusingly similar marks related to travel services. Furthermore, specific mandatory directions were issued compelling the defendants to immediately take down, block, and suspend all infringing websites, domain names, and social media profiles.
Gujarat Co-Operative Milk Marketing Federation Ltd & Anr. v.Terre Primitive & Ors.
The Delhi High Court addressed a trademark infringement suit filed by the Gujarat Co-Operative Milk Marketing Federation (AMUL) against Terre Primitive. The court found that the defendant's use of 'Amuleti' was identical and deceptively similar to AMUL's well-known mark, leading to potential consumer confusion. Consequently, the court granted interim relief, directing the defendant to cease using the infringing marks, take down products from their website, surrender materials for destruction, and block specific social media URLs.
SRMB Srijan Private Limited v.Grihashakti Private Limited
The Calcutta High Court granted a temporary injunction in favor of SRMB Srijan Private Limited against Grihashakti Private Limited. The court found that the respondent was grossly violating the terms of a franchise agreement by misusing the petitioner's 'SRMB' trademark and brand, logo, and trade dress while manufacturing TMT Steel Bars without adhering to required standards. Given the urgency and apprehension of further misuse, the court restrained the respondent from using the marks or selling related products until November 30, 2024.
Thijs, Roeland Michel Mathieu v.Assistant Controller Of Patents And Designs
The appellant challenged the respondent's refusal to restore Indian Patent no. 408932. The court issued notice and, without addressing the merits, granted the respondent two weeks to clarify a discrepancy regarding the email ID of the Patent Agent.
Genovie Ab v.Assistant Controller Of Patents And Designs
Genovie Ab has appealed against an order passed by the Controller of Patents under Section 15 of the Patents Act, 1970. The appeal challenges new objections raised at the notice stage, which the appellant claims were not appreciated on merits despite submissions being filed.
Sagar Ratna Restaurants Pvt Ltd v.Shree Shubh Rathnam Associates And Ors
In an amicable settlement reached before the Delhi High Court, Sagar Ratna Restaurants Pvt Ltd secured a decree against Shree Shubh Rathnam Associates. The parties agreed that the defendants would transition their seven existing 'Sagar Express' outlets into franchisees under Sagar Ratna's brand. Crucially, the defendants committed to surrendering the 'Sagar Express' trademark and agreeing not to use any similar names in the future, effectively resolving long-standing trademark infringement disputes.
T.N.Janarthanan Trading as Namma Veetu Kalyanam Catering v.Mr.N.Venkatesan; The Registrar of Trade Marks
The Madras High Court dismissed two original petitions (OP(TM)/38 & 40/2024) filed by T.N.Janarthanan seeking the rectification and cancellation of trade marks registered by Mr. N. Venkatesan. The court noted that the first respondent had subsequently initiated applications for the cancellation of the disputed registrations before the Registrar of Trade Marks. Since the underlying issue was being addressed through administrative channels, the petitions were deemed infructuous.
SMC NOVA ESTATE PRIVATE LIMITED v.SURYA MARKETING COMPANY
The Delhi High Court ordered the settlement of an IP dispute between SMC Nova Estate Private Limited and Surya Marketing Company. The matter specifically concerned the respondent's mark in relation to Tea and Elachi products. As part of the resolution, the petitioner agreed to file documentation showing a proposed change in their packaging and trademark, replacing 'NOVA' with 'SUPERHOVA', before the court.
T.N.Janarthanan Trading as Namma Veetu Kalyanam Catering v.Mr.N.Venkatesan; The Registrar of Trade Marks
The Madras High Court dismissed Original Petitions (OP(TM)/38 & 40/2024) filed by T.N.Janarthanan seeking rectification of trade marks registered by Mr. N. Venkatesan, as the respondent had initiated cancellation proceedings before the Registrar of Trade Marks. However, in a subsequent order, the Court directed the Registry to take necessary action regarding pending rectification applications and clarified that these matters pertain to the Chennai Trade Marks Registry, not New Delhi.
Saint Gobain Placo & Anr. v.M/S Steel India & Ors.
The Delhi High Court allowed the plaintiffs to be exempted from pre-litigation mediation and advance service. The court also granted permission to file additional documents and, crucially, ordered the appointment of Local Commissioners to conduct a search and seizure operation at the defendants' premises to gather evidence regarding patent infringement.
INCYTE HOLDINGS CORPORATION v.GLENMARK PHARMACEUTICALS LIMITED
The plaintiffs sought a decree of permanent injunction against the defendants concerning Indian Patent No. 269841. The defendants submitted that they had not commercialized any product containing 'Ruxolitinib' and did not intend to do so in the future.
Waterotor Energy Technologies Inc v.Union Of India & Anr.
The petitioner filed a petition seeking to set aside a deemed abandonment notice issued by Respondent No. 2 concerning Indian Patent Application No. 202017037539. After reviewing submissions and noting the lack of reply from respondent no. 2, the court directed both parties to file their short notes of submissions.
Philip Morris Products S A v.Deputy Controller Of Patents And Design
Philip Morris Products S A appealed against the rejection of its patent by the Deputy Controller of Patents and Design. The appellant argued that the rejection, which relied upon Section 3(d) of The Prohibition of Electronic Cigarettes Act, 2019, was incorrect. The Court directed both parties to file replies and rejoinders.
Sanjay Kumar v.Rattan Lal Garg & Anr.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Sanjay Kumar, who holds the registered trademark 'CHAND' for mustard oil. The court found that the defendants were deceptively using the mark 'R.L. CHAND' on identical products and packaging, causing potential confusion among consumers. This preliminary order restrains the defendants from continuing to use the infringing mark until the full trial.
Somalogic Operating Co., INC. v.The Assistant Controller of Patents and Designs
Somalogic Operating Co. appealed the Assistant Controller's order rejecting its patent application for 'CARDIOVASCULAR RISK EVENT PREDICTION AND USES THEREOF'. The core dispute centered on whether the claimed invention qualified as a diagnostic method under Section 3(i) of the Patents Act, 1970. The High Court found that the appellant was not given a proper opportunity to argue against the classification and remanded the matter for fresh consideration.
The Motor And General Finance Limited v.A.S. Enterprises, Partnership Firm
The Delhi High Court granted an interim injunction in favor of The Motor And General Finance Limited against A.S. Enterprises, Partnership Firm regarding trademark infringement. The court found that the defendant's use of 'MGF INDIA' was phonetically and deceptively similar to the plaintiff's established trademark 'MGF'. Given the prima facie case for infringement and the risk of irreparable loss, the court restrained the defendant from using the infringing marks until the final hearing.