India IP Litigation
7,167 annotated decisions
Page 62 of 299 · 7,167 total
Wow Momo Foods Private Limited v.Wow Punjabi
The Delhi High Court disposed of a trademark infringement suit (CS(COMM) 253/2024) between Wow Momo Foods Private Limited and Wow Punjabi. The case, which sought permanent injunctions against passing off and unfair trade practices, was settled amicably by both parties. The court decreed the suit in favor of Wow Momo, based on the settlement terms, wherein Wow Punjabi acknowledged Wow Momo's exclusive ownership of the 'WOW' trademark and agreed to cease all use of similar marks.
Hyundai Motor India Limited v.Aaa Teleshoping Pvt Ltd
The Delhi High Court granted a rectification petition filed by Hyundai Motor India Limited, leading to the cancellation of a similar trademark registration held by Aaa Teleshoping Pvt Ltd. The court found that the respondent's mark was identical and confusingly similar to Hyundai’s prior and extensively used 'ELANTRA' brand in the automotive sector. This ruling reinforces the principle that prior adoption and continuous use grant exclusive rights, even when goods are in different classes but related.
House Of Diagnostics Llp & Ors. v.House Of Pathology Labs Private Limited
The Delhi High Court granted an ad interim injunction favoring the plaintiffs, House Of Diagnostics LLP, against House Of Pathology Labs Private Limited. The court found a prima facie case of idea infringement, noting that both parties operate in the highly similar field of diagnostic services and their marks are glaringly similar. The defendant was restrained from using 'House of Pathology' in connection with its diagnostic activities, pending further consideration of the main suit.
Wipro Chandrika Private Limited v.Soji Thomas
The Madras High Court allowed the petition filed by Wipro Chandrika Private Limited seeking rectification of the trademark register against Soji Thomas. The court directed the Registrar of Trademarks to remove and cancel the trade mark 'CHANDRA' (Trade Mark No. 4628777) from Class 3, based on a prior settlement agreement between the parties. This decision effectively cleared the path for the petitioner by removing the conflicting registration.
Veekesy Rubber Industries Pvt. Ltd. v.Vijay Kalra And Anr.
The Delhi High Court disposed of a trademark dispute between Veekesy Rubber Industries Pvt. Ltd. and Vijay Kalra And Anr., based on an amicable settlement reached by both parties. The settlement agreement mandated that Respondent No. 1 acknowledge the exclusive rights of the petitioner in 'VKC' marks and cease using similar trademarks like 'VKV'. Crucially, the court directed the Trademark Registry to process the withdrawal and subsequent rectification/removal of the infringing trademark from the register.
Reckitt & Colman (Overseas) Hygiene Home Limited v.Ashok Kumar(S)/ John Doe(S)
In a major infringement suit concerning hygiene products, the Delhi High Court granted several procedural reliefs favoring the plaintiffs, Reckitt & Colman. The court allowed the plaintiffs to implead Ashok Kumar and John Doe as defendants and sanctioned an extensive local commission to investigate counterfeiting activities related to brands like HARPIC and LIZOL. Furthermore, the court provided exemptions from pre-institution mediation and advance service, paving the way for swift enforcement of their claims regarding trademark, copyright, design, and passing off infringement.
M/S Shree Vallabh Metals v.Pappu Farishta Sole Proprietor Of M/S Pappu Farishta
The Delhi High Court ruled in favor of M/S Shree Vallabh Metals against Pappu Farishta Sole Proprietor Of M/S Pappu Farishta, granting a permanent injunction. The court found that the defendant's actions constituted trademark infringement and passing off concerning the plaintiff's 'MAXFRESH' brand across various household goods categories. While dismissing an application to add another party, the court proceeded with the suit, decreeing the specific relief sought by the plaintiff regarding the use of their protected marks.
Largan Precision Co Ltd v.Motorola Mobility India Pvt Ltd & Ors.
The Delhi High Court passed an order framing issues in the suit concerning the validity and enforceability of Plaintiff's Suit Patent IN 363203 against the Defendants. The court also appointed a Commissioner to record evidence and set out a tentative timeline for the trial.
Kawakami, Shigeki & Ors. v.Assistant Controller Of Patents And Designs
The appellants challenged the Assistant Controller's order rejecting their patent application. The core issue was that the rejection was based on a ground (lack of novelty) which was not included in the initial hearing notice, violating the Principles of Natural Justice. The Court found that since the applicant was deprived of the opportunity to address this specific objection, the impugned order suffered from procedural irregularities.
Archidply Industries Limited v.Archit Nuwood Industries Private Limited
The Delhi High Court addressed several applications in the trademark infringement suit filed by Archidply Industries Limited against Archit Nuwood Industries Private Limited. While granting minor procedural exemptions and directing the transfer of court fees, the Court primarily focused on moving the main dispute forward. The matter was formally registered as a suit for infringement and passing off under the Trademarks Act, 1999, and subsequently referred to the High Court's Mediation Centre to explore an out-of-court settlement.
Mrs. Shubhangi S. Jachak v.Land Mark Crafts Pvt. Ltd & Anr.
The Delhi High Court issued an order modifying a prior decision in the trademark dispute between Mrs. Shubhangi S. Jachak and Land Mark Crafts Pvt. Ltd & Anr. The modification allows Respondent No. 1 to bring on record several crucial additional documents related to ownership changes, examination objections, and responses filed with the Trademark Registry. This procedural step is significant as it introduces detailed evidence regarding trademark assignment timelines and prior rejection grounds into the ongoing litigation.
Akemi Chemisch Technische Spezialfabrik GmbH v.Devki Nandan Malik T/A Delhi Hardware and Engg Works
The Delhi High Court issued several orders in the trademark and copyright infringement suit filed by Akemi Chemisch Technische Spezialfabrik GmbH against Devki Nandan Malik. The court granted exemptions to the plaintiff regarding filing documents and pre-institution mediation, while simultaneously allowing urgent interim relief. Crucially, the court authorized a Local Commissioner to conduct an inspection of the defendant's premises, seize counterfeit goods bearing the 'AKEMI' trademark, and examine relevant financial records.
Sun Pharma Laboratories Limited v.Jyotiben Hareshbhai Chovatiya and Ors.
The Plaintiff sought permission to add several associated entities (Defendants No. 4 to 6) as party defendants, alleging they were involved in dealing with goods bearing an impugned trade mark 'NEUROGABA'. The Court found that these parties were necessary and proper for the adjudication of the matter.
Ulink Agritech Private Ltd. v.Sml Limited & Others
The appellant challenged an ex-parte ad-interim injunction granted by the Single Judge, which restrained them from infringing Patent No. 282092 (covering 'SELZIC'). The core legal issue was whether the Single Judge's order contained adequate reasons as mandated by proviso to Order 39 Rule 3 CPC. The High Court found that the conclusion of a prima facie case was not preceded by any proper reasoning, leading to the setting aside and remittance of the injunction.
V.K.R.Venkatesan v.V.Mahendran
V.K.R.Venkatesan filed a civil suit against V.Mahendran alleging multiple infringements related to the 'VKR SIVAJI BRAND' mark and associated artistic works used on rice products. The plaintiff sought permanent injunctions against trademark infringement, copyright violation, and passing off. However, before any judgment was passed on the merits of the case, the learned counsel for the plaintiff filed an endorsement requesting withdrawal of the suit.
Krishna Chandra Dutta (Spice) Pvt Ltd v.Ashok Kumar Anr.
Krishna Chandra Dutta (Spice) Pvt Ltd filed a suit seeking perpetual injunction against Ashok Kumar Anr. for infringing their registered trademark 'COOKME'. The plaintiffs alleged that they only discovered the infringement in July 2024, necessitating urgent legal action. The Calcutta High Court granted leave to proceed with the suit under various provisions, including Section 12A of the Commercial Courts Act, allowing the plaint to be admitted subject to departmental scrutiny.
Nnova And Company v.Nitin Gupta Trading As Krishna Agencies
The Delhi High Court allowed a rectification petition following a settlement between Nnova And Company and Nitin Gupta Trading As Krishna Agencies. The court cancelled the registered trademark 'GLOWNOWO' (No. 3830607) in Class-03, which was deemed deceptively similar to the petitioner's mark NOVA. In exchange, the respondent agreed not to use any confusingly similar marks and committed to using a specific label format for 'Glownow', ensuring distinctiveness from the original brand.
Astrazeneca Ab v.Everest Pharmaceuticals Limited
Astrazeneca filed a suit seeking permanent injunction against Everest Pharmaceuticals for infringing its patent IN 297581, which covers the compound Osimertinib. The court found that the plaintiffs made out a prima facie case and granted an ad interim ex-parte injunction restraining the defendants from manufacturing or selling the infringing product until further hearing.
Baynee Industries v.Rajiv Rosha
The plaintiff filed a suit seeking substantial damages against the defendant, alleging wrongful interference with business due to the defendant's patented product. The defendant sought rejection of the plaint under Order VII Rule 11(d) of the CPC, arguing lack of cause of action and correlation between the patent and the alleged business loss. The Court dismissed the application, finding that the plaint, when read as a whole, disclosed sufficient cause of action.
Astrazeneca Ab v.Beacon Pharmaceuticals Plc
Astrazeneca filed a suit seeking permanent injunction against Beacon Pharmaceuticals and others for infringing its patent (IN 297581) covering the compound Osimertinib. The court, after considering the prima facie case, granted an ad interim ex-parte injunction restraining the defendants from selling or offering the patented compound in any form.
Neela Film Productions Private Limited v.Taarakmehtakaooltahchashmah.Com & Ors.
The Delhi High Court issued several procedural orders in favor of Neela Film Productions Private Limited (Plaintiff) in its copyright and trademark infringement suit against Taarakmehtakaooltahchashmah.Com & Ors. (Defendants). The court granted exemptions from pre-institution mediation, allowed the plaintiff to serve advance copies on a specific defendant despite lack of contact details, and directed that the plaint be formally registered as a commercial suit. These orders pave the way for the substantive trial concerning the alleged infringement of the popular show 'Taarak Mehta Ka Ooltah Chashmah'.
Tanvi Fitness Private Limited v.Mr Jayesh Dilip Mehta & Anr.
Tanvi Fitness Private Limited filed multiple applications seeking an injunction against Mr. Jayesh Dilip Mehta and others, alleging that the respondents were communicating with e-commerce platforms to falsely claim infringement of their trademark 'MYFITNESS'. The petitioner argues that the respondents' actions are causing product delisting on major online marketplaces. While the respondent opposes the maintainability of the applications, citing different sections of the Trade Marks Act, the court has ordered notice and set a date for further arguments.
Lv Bhavani Sankar v.Gemini Edibles And Fats India Pvt Ltd.
The Madras High Court addressed a Transfer Review Petition filed by Lv Bhavani Sankar against a previous rectification order concerning Trademark 3830617. The petitioner sought to keep the trademark registered. However, the court noted that the arguments in the current petition were identical to another pending petition and closed (T)Rev.Pet(IPD)/2/2024 without issuing a specific ruling on costs.
Havells India Limited v.Hetram Sharma & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Havells India Limited against Hetram Sharma & Ors. regarding the unauthorized use of its registered trademark 'REO'. The court found that the defendants' adoption of similar marks ('R3 REO 3X') was intended to ride upon the plaintiff's established goodwill and reputation in the electrical goods market. Furthermore, the court permitted a local commission to search the defendant's premises and seize infringing materials.