India IP Litigation

7,456 annotated decisions

7,456
Decisions
6
IP Types
10
Courts

Page 65 of 311 · 7,456 total

patent plaintiff favorable · Dec 23, 2024

Evergreen Sweet House v.JV Evergreen Sweets And Treats & Ors.

Delhi High Court · 120343358

The Delhi High Court granted an interim injunction in favor of Evergreen Sweet House against JV Evergreen Sweets And Treats. The court found a prima facie case of passing off, noting that the plaintiff has been operating under the 'Evergreen' mark since 1963, establishing significant goodwill and prior use. Given the defendant's recent entry into the market and the likelihood of customer confusion on food delivery platforms, the court restrained the defendants from using the infringing mark until the final suit adjudication.

patent plaintiff favorable · Dec 21, 2024

Saint Gobain Construction Products UK Ltd. v.Mr.Tallam Uma Shankar Gupta

Madras High Court · 155598264

The Madras High Court allowed a petition seeking rectification of the Trade Marks Register, directing the removal of the mark 'GYPLOCK' (No. 3536418). The petitioner, Saint Gobain Construction Products UK Ltd., successfully argued that its established trademark 'GYPROC' was similar to the impugned mark and used on identical goods—building materials. Despite arguments regarding common trade terms ('GYP'), the court found the overall similarity between 'GYPROC' and 'GYPLOCK' likely to cause confusion, thereby protecting the purity of the register.

patent defendant favorable · Dec 20, 2024

Italfarmaco Spa v.Deputy Controller Of Patents & Designs

Madras High Court · 168267878

Italfarmaco Spa appealed the rejection of its patent application for a method involving iron (III) caseinsuccinylate. The Deputy Controller rejected the grant on the grounds that the claimed invention lacked inventive step and fell under Section 3(d) of the Patents Act, 1970. The High Court upheld the respondent's decision.

patent plaintiff favorable · Dec 20, 2024

Khadi & Village Industries Commission v.Ms. Aparna Mallick And Anr.

Delhi High Court · 141785325

The Delhi High Court ruled in favor of the Khadi & Village Industries Commission, granting a permanent injunction against Ms. Aparna Mallick and others for trademark infringement and passing off. The court found that the defendant's use of 'KHADISAREE' was deceptively similar to the plaintiff's well-known mark 'KHADI'. Furthermore, the Court ordered the transfer of the infringing domain name and awarded substantial damages and costs against the defendant due to their non-cooperation.

patent remanded · Dec 19, 2024

Gilead Sciences Inc. v.Union of India

Madras High Court · P152458226

Gilead Sciences Inc. challenged a hearing notice and subsequent opposition board recommendation related to Indian Patent No.319927, arguing that the process violated The Patents Act, 1970 by not allowing them to present evidence. The Court quashed the impugned notices and recommendations.

patent plaintiff favorable · Dec 19, 2024

Hindustan Aeronautics Limited v.Commissioner of Central Excise Bangalore - I

Custom, Excise & Service Tax Tribunal · 125896443

The appeal challenged the imposition of service tax under the 'Intellectual Property Right' category on payments made by HAL to BAE System for technical knowhow and assistance related to aircraft manufacturing. The Tribunal ruled that since the contract involved a temporary transfer of technology, it did not fall under the definition of IPR services chargeable to service tax.

patent plaintiff favorable · Dec 19, 2024

Gilead Sciences Inc. v.Union of India

Madras High Court · 125504315

Gilead Sciences Inc. challenged a hearing notice and subsequent recommendation made by the Patent Office in a post-grant opposition application filed by Low Cost Standard Therapeutics. The petitioner argued that the process violated the Patents Act, 1970, specifically by denying them an opportunity to present evidence. The High Court quashed the impugned notice and the Board's earlier recommendations.

patent plaintiff favorable · Dec 19, 2024

Gemini Edibles And Fats India Limited v.Dream Freedom Herbal Pvt. Ltd.

Delhi High Court · 93151906

The Delhi High Court allowed a rectification petition filed by Gemini Edibles And Fats India Limited against Dream Freedom Herbal Pvt. Ltd., directing the removal of the respondent's trademark (No. 3213226). The court found that the impugned mark was deceptively similar to the petitioner's prior and well-reputed 'FREEDOM' marks, noting that the addition of a prefix did not differentiate it sufficiently. Given the identical nature of the goods and target consumers, the registration was deemed obtained dishonestly to trade upon the petitioner's goodwill.

patent plaintiff favorable · Dec 18, 2024

Mr. M. Anees Ahmed (M/s Ambur Star Briyani) v.Star Ambur Briyani

Madras High Court · 144998557

The Madras High Court ruled in favor of Mr. M. Anees Ahmed, granting a permanent injunction against the respondent for trademark infringement and passing off. The court found that the defendant's use of 'STAR AMBUR BRIYANI' was deceptively similar to the plaintiff's registered mark, 'AMBUR STAR BRIYANI,' which is associated with his restaurant business. While the claim for destruction of infringing stock was rejected due to lack of evidence, the suit was partly decreed.

patent plaintiff favorable · Dec 18, 2024

Dabur India Limited v.Ms Usha Proprietor Of Rs Industries & Anr.

Delhi High Court · 63282156

The Delhi High Court allowed Dabur India Limited's cancellation petition against a similar mark registered by Ms. Usha Proprietor Of Rs Industries. The court found that the impugned mark was confusingly and deceptively similar to Dabur's well-known trademark 'DABUR,' particularly given that both parties operate in the identical Class 3 goods (detergents, soaps, etc.). Citing prior use and established goodwill, the High Court directed the Trade Marks Registry to remove the infringing registration.

trademark mixed · Dec 18, 2024

Sun Pharmaceutical Laboratories Ltd v.Rspl Helathcare P Ltd & Anr.

Delhi High Court · 146809821

The Delhi High Court addressed an appeal challenging a District Judge's order that had granted an ex parte injunction against Sun Pharmaceutical Laboratories Ltd, restraining it from using the trademark 'PRUEASE'. The court set aside this restrictive interim order. Instead, it directed the Trial Court to expedite the hearing of the original application filed by the respondents seeking injunctive relief, allowing both parties a chance to present their case.

patent remanded · Dec 17, 2024

Thales v.Assistant Controller of Patents and Designs

Madras High Court · 176623016

Thales appealed a refusal by the Assistant Controller of Patents and Designs to grant patent for its application No. 8821/CHENP/2012, citing lack of inventive step. The appellant argued that the refusal was based on total non-application of mind, relying on copy-pasted reasoning and irrelevant prior art documents (D1, D2, D3). The High Court quashed the impugned order, finding violations of natural justice, and remanded the matter for fresh consideration.

patent interim order · Dec 17, 2024

Ori-Plast Limited v.Molecor Tecnologia S.L.

Calcutta High Court · 34556232

Ori-Plast Limited sought an injunction against Molecor Tecnologia S.L., which had terminated a license agreement related to the use of the Molecor PVC-O System. The petitioner feared that the withdrawal of remote assistance would cause irreparable loss, while the respondent argued for immediate termination based on alleged breaches of confidentiality and reverse engineering.

trademark mixed · Dec 17, 2024

M/s.Sri Modern Weigh Systems v.Nipro MACHOI P. Ltd.

Madras High Court · 27834329

The Madras High Court addressed appeals concerning the alleged deceptive similarity between the trademarks 'MACHOI' and 'MAKHOI'. The court accepted an undertaking from the appellants not to use 'MACHOI' or any remotely similar name in the future. Furthermore, the opposing party was directed to immediately apply for the cancellation of their registered trademark, which was deemed deceptively similar. This judgment provides a practical resolution through undertakings and administrative action rather than a definitive finding on infringement.

patent plaintiff favorable · Dec 17, 2024

Disys India Private Limited v.The Registrar of Trademarks

Madras High Court · 72260596

The Madras High Court set aside an earlier refusal by the Registrar of Trademarks to grant registration for the mark 'DISYS'. The appeal argued that the refusal, based solely on phonetic similarity to another mark ('DISYSO'), failed to consider evidence of the appellant's long-standing use and acquired distinctiveness. The court found the original order was a non-speaking order, necessitating a remand back to the Registrar for fresh consideration of the application on its merits.

patent plaintiff favorable · Dec 17, 2024

Super Smelters Ltd. v.Rekha Tayal &Anr.

Calcutta High Court · 107865745

The Calcutta High Court ruled in favor of Super Smelters Ltd., a leading manufacturer of TMT Bars, in its application to rectify a trademark registration. The court found that the respondent's mark was deceptively identical and phonetically similar to the petitioner's established 'SUPER SHAKTI' brand. Crucially, the court noted a glaring error by the registrar who failed to consider the petitioner's prior registrations during the examination process. Consequently, the High Court ordered the cancellation of the impugned registration, affirming the petitioner's strong prima facie case and preventing consumer confusion.

trademark mixed · Dec 16, 2024

Innovative Health Care v.Innovative Healthcare (India) Pvt. Ltd.

Madras High Court · 152686940

The Madras High Court addressed an Original Application filed by Innovative Health Care seeking to restrain Innovative Healthcare (India) Pvt. Ltd. from using a deceptively similar trademark for medicinal preparations. The court decided to close the current application while granting the applicant full liberty to raise all its contentions in the main suit. This procedural step moves the dispute forward into the substantive litigation phase.

patent plaintiff favorable · Dec 13, 2024

Pfizer Inc. v.Everest Pharmaceuticals Limited

Delhi High Court · 58976043

The plaintiffs, Pfizer Inc. and its subsidiaries, filed a suit alleging that the defendants unlawfully manufactured, sold, and exported the infringing product 'Tofaxen', which is a generic version of their patented drug Tofacitinib (Xeljanz®). The court found that the defendants collectively infringed the suit patents while they were valid and subsisting. However, since the patents had expired during the pendency of the suit, the plaintiffs did not press for permanent injunction but secured a decree in terms of prayer clause 57(e).

patent plaintiff favorable · Dec 13, 2024

Candico (I) Limited v.T.R. Kohli, Trading As T.R. Kohli And Sons

Delhi High Court · 52946124

The Delhi High Court set aside a previous order that had refused the registration of the mark 'JUMBO GUMBO' due to an opposition. The court found that the objection raised by the opponent did not survive because their prior trademark application for 'JUMBO' had been treated as abandoned years earlier. Given the changed circumstances and the opponent's failure to contest the appeal, the High Court directed the Trade Marks Registry to proceed with the registration of 'JUMBO GUMBO'.

trademark mixed · Dec 13, 2024

Surindar Pal Singh v.Ichhadhari Lassi Old Ichhadhari Lassi and New Ichhadhari and Others

Madhya Pradesh High Court · 41003719

The Madhya Pradesh High Court listed the case involving Surindar Pal Singh and Ichhadhari Lassi Old Ichhadhari Lassi. The court granted time to both parties to verify the outcome or status of a pending rectification application filed under Section 57 of the Trademarks Act. This indicates that the dispute over the trademark's validity or registration is still active and awaiting further judicial determination.

patent plaintiff favorable · Dec 13, 2024

Puma Se v.Surender Singh And Anr.

Delhi High Court · 2157175

The Delhi High Court allowed Puma Se's petition seeking cancellation of a deceptively similar trademark, 'P11MA,' registered by Surender Singh in Class 25. The court found that the respondent had slavishly copied the petitioner's established and well-known mark, PUMA, leading to a high likelihood of consumer confusion. Furthermore, the respondent voluntarily agreed not to contest the petition, solidifying the decision for removal.

patent plaintiff favorable · Dec 12, 2024

Spv Laboratories Private Limited v.The Controller General Of Patents And Designs

Delhi High Court · P90468266

The appellant filed an appeal challenging the refusal by the Assistant Controller to restore Patent No. 403793, which had lapsed due to non-payment of the renewal fee. The appellant argued that the delay was caused by a family exigency involving its attorney and that the restoration application was filed within the prescribed period. The High Court allowed the appeal, setting aside the impugned order.

patent plaintiff favorable · Dec 12, 2024

Spv Laboratories Private Limited v.The Controller General Of Patents And Designs

Delhi High Court · 32297284

The appeal was filed challenging the refusal by the Assistant Controller to restore Patent No. 404239, which had lapsed due to non-payment of the renewal fee. The appellant argued that the delay was caused by an exigency in the attorney's family and that the restoration application was filed within the permissible period. The High Court allowed the appeal, holding that a granted patent should not be refused solely on procedural lapse if the restoration application is timely.

patent remanded · Dec 12, 2024

Vellaisamy Thavamani Pandi v.The Controller of Patents & Designs

Madras High Court · 76425704

The appeal challenged an order dated 28.11.2018 passed by the Controller of Patents & Designs, which refused to grant a patent for 'System for construction of composite U shaped reinforced girders bridge deck' under Section 3 of the Patents Act, 1970. The appellants argued that the refusal was arbitrary because the respondent failed to consider their foreign patents and made contradictory findings regarding inventive step.

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