India IP Litigation
7,167 annotated decisions
Page 68 of 299 · 7,167 total
Sakata Seed Corporation v.The Controller of Patents and Designs, Government of India
Sakata Seed Corporation appealed the Controller's rejection of its patent application for 'Eustoma having Cytoplasmic Male Sterility,' citing that it was essentially a biological process. The appellant argued that specific human interventions, such as screening and checking hybrid seeds, made the invention non-biological. The High Court agreed with this contention but found the Controller lacked sufficient reasoning on the matter.
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 appellant argued that the rejection lacked proper reasoning regarding both grounds. The High Court allowed the appeal and remitted the matter 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 High Court found that the impugned order was unreasoned because the Controller failed to discuss the appellant's explanation despite it being provided. 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. The High Court found that the respondent's order was unreasoned because it failed to discuss the appellant's explanation regarding the amendments. Consequently, the appeal was allowed and the matter was remitted for fresh consideration.
Syngenta Limited And Anr v.Gsp Crop Science Private Limited
The Delhi High Court issued an order in a patent-related suit, directing the appointment of a Scientific Advisor from IIT Delhi. The advisor is tasked with examining the manufacturing processes, sites, and chemical usage by the Defendant regarding DroneX and Azoxystrobin technical to assist the court in resolving complex technical issues.
Makemytrip (India) Private Limited v.Tickmytrip Services Private Limited
The Madras High Court dismissed Original Petitions filed by Makemytrip seeking the rectification and cancellation of Tickmytrip's registered trademarks (Nos. 2801898 & 2801899). The court accepted a written undertaking from Tickmytrip stating that they do not intend to renew these trademark registrations once their current term expires on September 2, 2024. Since the marks will lapse, the court found no necessity for further orders regarding cancellation.
M/S Rspl Health Private Limited v.Bhagwati Gram Udyog Mandal & Anr
The Delhi High Court allowed a petition filed by M/S Rspl Health Private Limited, confirming a prior compromise reached with Respondent No. 1 in TM-84/2021. As part of this settlement, the respondent undertook to cancel their registered trademark 'SAKSHI XPERIA' and withdraw all related applications for marks containing 'XPERT' or 'XPERIA'. Consequently, the court disposed of all pending applications, upholding the terms of the compromise.
Lifestyles Healthcare Pte Ltd v.The Registrar Of Trademarks Delhi
Lifestyles Healthcare Pte Ltd challenged the Registrar of Trademarks Delhi's refusal to register the trademark 'SKYN' in Class 5. The Delhi High Court accepted notice and directed both parties to file detailed submissions on the matter. This marks an active legal challenge regarding the registrability of the mark.
Just Lime My Child Foundation v.The Registrar of Trade Marks
The Madras High Court allowed an appeal filed by Just Lime My Child Foundation against the Registrar of Trade Marks' decision to refuse registration of the word mark 'GIRL POWER PROJECT.' The court found that the Respondent erred by dissecting the composite mark and incorrectly deeming it descriptive. Crucially, the court emphasized that a composite mark must be evaluated as a whole, not in isolation, thereby upholding the distinctiveness of the foundation's brand.
Pushpendra Patel & Anr. v.Amazon Seller Services Pvt Ltd & Anr.
The Delhi High Court granted interim relief to the plaintiffs, who are innovators in water purification systems. The court found a prima facie case suggesting that the defendant's trademark complaint was fraudulent and based on copied designs. Consequently, the court directed Amazon Seller Services (Defendant No. 1) to immediately re-list all de-listed product postings belonging to the plaintiff, while also restraining future arbitrary de-listings.
Aktiebolaget Volvo & Ors. v.Olvo Lubes International & Ors.
In a significant resolution for Volvo, the Delhi High Court decreed the suit after both parties reached a comprehensive settlement. The defendants formally acknowledged Volvo's exclusive statutory rights and well-known status of the 'VOLVO' trademark in India. As part of the agreement, the defendants committed to paying ₹1,50,000/- to the plaintiffs, effectively concluding the long-running dispute over trademark infringement and passing off.
M/S Kwality Food Products v.Anil Singla @ Anil Kumar & Ors.
The Delhi High Court granted an interim injunction in favor of M/S Kwality Food Products against Anil Singla and others, finding a prima facie case of trademark infringement and passing off. The court noted that the plaintiff has been continuously using the 'Ruchi' marks for spices since 1992, establishing common law rights. Given the identical nature of the goods and deceptive similarity of the packaging, the court restrained the defendants from using the mark to prevent consumer confusion.
Anil Kumar Sole Proprietor Of M/S Anil Kumar Ramesh Kumar v.Jyoti Sales House & Anr.
The Delhi High Court addressed a suit filed by Anil Kumar, seeking permanent injunctions against the alleged infringement of his registered trademark 'DHANI' used for edible oil. The plaintiff claimed that the defendant's mark, 'DHANIBABA', was deceptively similar in the same business sector. Recognizing the potential for resolution, the court referred the matter to the Delhi High Court Mediation and Conciliation Centre, allowing both parties an opportunity to settle their trademark dispute outside of litigation.
Mr.A.S.Nagabhushana v.M/s.Shesha Matching
This Madras High Court judgment records the settlement of trademark disputes between Mr. A.S. Nagabhushana and M/s. Shesha Matching. The original petitions, which sought to expunge registered trademarks (SESHA) from the registry, were ultimately dismissed as withdrawn. Both parties reached a compromise agreement on July 8, 2024, resolving the conflict without further litigation.
National Stock Exchange of India Ltd. v.Meta Platforms, Inc. & Ors.
The Bombay High Court issued an interim order in favor of the National Stock Exchange of India (NSE) against Meta Platforms Inc. and other social media intermediaries. The court addressed urgent concerns regarding sophisticated AI-generated 'deepfake' videos impersonating the NSE's MD & CEO, which were used to promote fraudulent stock picking schemes. The order mandates that the platforms immediately remove these unauthorized deepfakes and infringing content, while also compelling them to disclose details of the unknown perpetrators involved in the misuse of the NSE trademark.
Novartis Ag v.Msn Laboratories Pvt. Ltd
The suit seeks a permanent injunction against the defendant for infringement of Patent No. 210284, along with damages and other reliefs. The patent has expired, and the remaining issue pertains to the payment of damages.
Ht Process Controls Private Limited v.Ankur Gupta & Ors.
The petitioner, Ht Process Controls Private Limited, filed a commercial suit seeking protection of its intellectual property rights over confidential information and technical know-how related to an automatic robotic system for gas cylinder handling. The Court passed several orders allowing various applications, including granting exemptions and directing the appointment of Local Commissioners to conduct searches and seizures at the defendants' premises.
Microsoft Technology Licensing, Llc v.Deputy Controller Of Patents And Designs
Microsoft Technology Licensing, Llc appealed a rejection order issued by the Deputy Controller of Patents and Designs regarding Patent Application No. 2260/DELNP/2008. The rejection was based on lack of novelty and falling under 'algorithms'. With consent from both parties, the High Court set aside the impugned order and remanded the application for fresh consideration.
Loreal India Pvt Ltd v.Rajesh Kumar Taneja Trading As Innovative Derma Care and Anr
The Delhi High Court dismissed an appeal filed by Loreal India Pvt Ltd seeking the cancellation of the trademark 'CLARIWASH' registered in favor of Rajesh Kumar Taneja. Loreal argued that its predecessor used formative marks like 'CLARI-FI' and 'CLARIMOIST' prior to the registration, claiming deceptive similarity and prior use. However, the Court found no grounds to interfere with the original judgment, noting that the application was filed over 14 years ago and procedural errors alone were insufficient basis for cancellation.
Mrs Arti Gupta & Anr. v.Puran Rana & Anr.
The Delhi High Court allowed a rectification petition filed by Mrs Arti Gupta against Puran Rana, leading to the cancellation of the trademark 'KONVIO NEER' registered in Class 35. The court found that the petitioner was the prior adopter and user of the mark since 2018, while the respondent obtained registration much later in 2022. Citing provisions of the Trade Marks Act, 1999, the High Court ruled that the subsequent registration by the respondent was not made in good faith and constituted a contravention of statutory rights.
M/S.Kaleesuwari Refinery Pvt. Ltd. v.Sri Durgai Oil Stores
M/S.Kaleesuwari Refinery Pvt. Ltd. filed a civil suit against Sri Durgai Oil Stores alleging infringement of its 'Gold Winner' trademark and copyright related to edible sunflower oil packaging. The plaintiff sought permanent injunctions and damages for using deceptively similar marks like 'Son Gold'. However, the court noted that this matter had already been decreed by a Division Bench in 2019 based on the defendant's affidavit agreeing to cease such activities. Consequently, the current suit was dismissed as nothing remained to be adjudicated.
F. Hoffmann-La Roche Ag & Anr. v.Natco Pharma Limited
F. Hoffmann-La Roche Ag & Anr. filed a suit seeking permanent injunction and damages against Natco Pharma Limited for alleged infringement of their valid patent, IN 334397, related to compounds for treating spinal muscular atrophy. The court registered the plaint as a suit and addressed several interlocutory applications, including granting exemption from pre-institution mediation and setting timelines for written statements.
Glenmark Pharmaceuticals Ltd. v.Mrs. Karlin Pharmaceuticals & Exports Private Limited
The Madras High Court ruled in favor of Glenmark Pharmaceuticals, setting aside the trademark registration of 'CANDEX-B'. The court found that despite the respondent's claim of prior use, there was a clear likelihood of deception or confusion between the appellant's established mark 'CANDID' and 'CANDEX-B', especially given their use in dermatological pharmaceutical products. This decision reinforces the principle that consumer protection against confusion takes precedence over claims of concurrent use when marks are highly similar.
Hugo Boss Trademark Management Gmbh And ... v.Suresh Kumar Suman
The plaintiff, Hugo Boss Trademark Management Gmbh & Co. KG, filed a suit alleging that the defendant was manufacturing and selling counterfeit apparel using the identical trademark 'HUGO BOSS' in South Delhi. The court found the plaintiff entitled to relief after the defendant failed to file a written statement despite being served.