India IP Litigation
7,167 annotated decisions
Page 67 of 299 · 7,167 total
Sanofi India Limited v.Bullford Wold Limited & Anr.
The Gujarat High Court disposed of a Rectification Application filed by Sanofi India Limited, accepting its request to withdraw it. This withdrawal was based on a favorable judgment previously delivered by the Delhi High Court in a related infringement suit. The Delhi court had decreed the case, mandating that Bullford Wold cease manufacturing and selling products under the impugned trademark 'CANIFLAM' and take steps to surrender the trademark registration.
Gujarat Cooperative Milk Marketing Federation Limited & Anr. v.Smt Krishnaben Dipesh Gol & Ors.
The Delhi High Court granted a significant victory to Gujarat Cooperative Milk Marketing Federation Limited, directing the cancellation of a deceptively similar 'AMUL' trademark registered by the respondents in Class-06. The court recognized AMUL as a well-known trademark entitled to high protection across classes, thereby preventing unauthorized use and protecting the brand's integrity. This ruling reinforces the robust legal standing of established national brands against subsequent registrations.
M/s.Chaitanya Food Product v.M/s.Honey Food Products
The Madras High Court dismissed the Original Petition (TM) No.277 of 2023 after the petitioner, M/s.Chaitanya Food Product, sought permission to withdraw the case. The dispute concerning the registered service mark No.3091641 was reported as settled between the parties. This outcome highlights how parties can resolve trademark disputes outside of a full judicial ruling.
Levi Strauss And Company v.Piyush Goel
Levi Strauss & Company filed a suit against Piyush Goel alleging infringement of its trademarks, including 'Levi's', 'Two Horse Logo', and 'Arcuate Stitching Design', as well as passing off. The plaintiff claimed the defendant was clandestinely stocking and selling inferior quality jeans using deceptively similar marks. The court found in favor of the plaintiff, granting injunctions and awarding damages.
Levi Strauss And Company v.Sanchit Garg
Levi Strauss & Company filed a suit against Sanchit Garg alleging that the defendant was clandestinely stocking, storing, and selling jeans and apparel bearing deceptively similar trademarks ('Levi's', 'Two Horse Logo') and infringing designs. The court found the defendant guilty of trademark infringement, passing off, and copyright violation.
R. & D. S.R.L. v.Controller of Patents and Designs, Government of India
R. & D. S.R.L. appealed the rejection of its Patent Application (No. 8850/CHENP/2012) by the Controller of Patents and Designs. The appellant argued that the impugned order was non-speaking, failing to provide reasons for rejecting the application or disallowing amended claims. The High Court agreed, finding the decision unsupported by adequate reasoning.
Nakul v.Versuni India Home Solutions Limited
The court addressed several procedural matters in CS(COMM) 225/2024 and CS(COMM) 226/2024. It allowed the plaintiff time to file replication, issued notice for the defendant's counterclaim seeking revocation of Patent No. 319855, and granted permission to the defendant to submit prior art evidence via a pen drive.
Nakul v.Versuni India Home Solutions Limited
The court addressed several applications in the suit, including granting time for the plaintiff to file a replication. Crucially, the defendant filed a counterclaim under Section 64 of The Patents Act, 1970, seeking revocation of Indian Patent No. 319855. Additionally, the court allowed the defendant to submit prior art via an encrypted pen drive.
M/s Biocon Switchgear (P) Ltd v.Akshay Uttamchand Jain Trading As Micon Industries
The plaintiff, Biocon Switchgear (P) Ltd., filed a suit alleging that the defendants were manufacturing and marketing goods using the deceptively similar trademark 'MICON', infringing upon the plaintiff's registered trademark 'BIOCON'. The court found that the resemblance was close enough to constitute passing off and infringement.
Cosco India Ltd v.Varsha Sports
In a suit concerning the alleged infringement of its registered trademarks and copyright, Cosco India Ltd successfully moved an application before the Delhi High Court. The court allowed the plaintiff to introduce official certificates from the Trademark Registry into the record. This procedural step is crucial for establishing the validity and scope of the intellectual property rights at the nascent stage of the litigation.
Pfizer Products Inv. v.Cadila Pharmaceuticals Limited & Anr.
The Gujarat High Court disposed of a Rectification Application filed by Pfizer Products Inv. against Cadila Pharmaceuticals Limited & Anr. The court noted that the respondents had withdrawn their trademark registration application, rendering the original dispute moot and infructuous. Consequently, the application was dismissed.
Satnam Brush Industry v.Amul Brush Company & Ors.
The Delhi High Court addressed several applications in the ongoing dispute between Satnam Brush Industry and Amul Brush Company. Crucially, the court granted an interim injunction to Satnam Brush Industry, recognizing that the defendants' packaging and trade dress were deceptively similar to the plaintiff's well-established brand 'AMBER'. Furthermore, the court appointed a Local Commissioner to inspect the defendants' books of accounts and infringing products, signaling a deep dive into the alleged infringement and passing off.
Hero Motocorp Limited v.Mr. Vishal Chhatwani
Hero Motocorp Limited filed a suit against Mr. Vishal Chhatwani alleging infringement across multiple IP domains, including trademark, design, and copyright, related to industrial oils and lubricants. The parties successfully entered into mediation, leading to a comprehensive settlement agreement dated July 9, 2024. The court subsequently decreed the suit in favor of Hero Motocorp Limited based on the terms of this settlement, which included an acknowledgment of IP ownership and payment of ₹ 4,00,000/- by the defendants.
Industria De Diseno Textil, S.A. v.Registrar Of Trade Marks & Anr.
Industria De Diseno Textil, S.A. appealed the Registrar of Trade Marks' decision dismissing an opposition against a similar mark (ZORA). The appellant argued that the use of ZORA by a bag manufacturer would exploit the goodwill and reputation of their well-known trademark, ZARA, particularly in relation to textiles. While the court granted procedural relief regarding delay condonation and exemption from filing copies, it issued notice to the opposing party (Respondent No. 2) to file a reply, indicating that the substantive dispute over trademark infringement and passing off is yet to be decided.
Emami Ltd. v.Dabur India Ltd.
The Delhi High Court addressed a petition filed by Emami Ltd. seeking the rectification and removal of the trademark 'CHYAWANPRASAD' registered in favor of Dabur India Ltd. The petitioner argued that the respondent was not using the mark, engaging in what they termed 'ghost registration.' Although the respondent initially conceded non-use, the court directed Dabur to immediately initiate the process for cancellation of the mark from the Trade Mark Registry, effectively favoring Emami's claim regarding the mark's validity and use.
Dr. Reddys Laboratories Limited v.Zentech Pharmaceuticals And Anr.
The Delhi High Court granted an interim injunction in favor of Dr. Reddys Laboratories Limited against Zentech Pharmaceuticals And Anr. The court found a prima facie case for infringement and passing off, noting that the defendant adopted a phonetically similar trademark (ZEEDUX) and copied the entire trade dress and color scheme of the plaintiff's well-known brand (ZEDEX). This order temporarily restrains the defendants from manufacturing or using the infringing product while the main suit proceeds.
Pernod Ricard India Private Limited v.Jagatjit Industries Limited & Ors.
Pernod Ricard India Private Limited filed petitions seeking the cancellation of a rival trademark registration, 'ROYAL PRIDE,' held by Jagatjit Industries Limited. The petitioner alleged that ROYAL PRIDE is deceptively similar to its prior and well-established mark, 'BLENDERS PRIDE,' and was being used illicitly to ride upon their goodwill. While some applications were disposed of after granting a 30-day extension for filing clear documents, the court proceeded with issuing notice in the main cancellation petition, setting the matter for further arguments.
Ve Commercial Vehicles Limited v.Jaswant Industries & Ors
The plaintiff seeks a permanent injunction against the defendants for infringing its registered designs related to the Volvo 9600 buses. The defendants are accused of copying the design and engaging in unfair competition.
Pharmacyclics Llc v.Bdr Pharmaceuticals International Pvt
The plaintiffs are seeking a permanent injunction to restrain the infringement of Patent No. 262968, along with damages and other reliefs. The case involves allegations of contempt against the defendants for violating an interim injunction.
ITW GSE APS & ANR. v.DABICO AIRPORT SOLUTIONS PVT LTD & ORS
The plaintiffs filed a suit for permanent injunction against the defendants for infringing their patent related to Pre-Conditioned Air (PCA) units. A judgment was passed on July 4, 2024, restraining the defendants from dealing with the infringing units.
Corcept Therapeutics Incorporated v.The Deputy Controller Of Patents And Designs
Corcept Therapeutics Incorporated filed an appeal against the Assistant Controller's order refusing to grant a patent for Indian Patent Application No. 202117031510. The appellant contends that the refusal was erroneous as the application meets all criteria for patentability, while the respondent argued it failed tests under Sections 2(1)(j), 2(1)(ja), and 3(e)/3(i) of the Patents Act.
Sonani Industries Pvt. Ltd. v.Galactica Processing Technologies Llp
Sonani Industries Pvt. Ltd. appealed an order from the Additional District Judge-11, Surat, challenging a rejection of its interim injunction application in a patent infringement suit. The plaintiff claimed that defendants were infringing their patented Diamond Holding Devices used in High Pressure High Temperature (HPHT) diamond treatment. The Gujarat High Court upheld the trial court's finding, concluding that the appellant failed to establish a prima facie case for infringement. Consequently, the appeal was dismissed, though the defendants were directed to maintain accurate accounts of revenue related to the disputed technology.
Mitsubishi Electric Corporation v.The Controller of Patents and Designs, Government of India
Mitsubishi Electric Corporation appealed the refusal of its patent application, which was rejected by the Controller citing lack of inventive step and lack of unity of invention. The High Court found that the Controller failed to assign valid reasons for either rejection ground. Consequently, the appeal was allowed and the matter was remitted for fresh consideration.
Regeneron Pharmaceuticals, Inc. v.The Assistant Controller of Patents and Designs, Government of India
Regeneron Pharmaceuticals appealed the rejection of its patent application (No. 592/CHENP/2012) by the Assistant Controller, which cited non-compliance with Section 59(1) of the Patents Act regarding amendments. The court found that the respondent's order was unreasoned because it failed to discuss the appellant's explanation despite having been provided. Consequently, the appeal was allowed and the matter was remitted for fresh consideration.