India IP Litigation
7,456 annotated decisions
Page 68 of 311 · 7,456 total
Pt Tech, Llc v.The Controller Of Patents, Designs And Trademarks And Anr.
Pt Tech, Llc challenged the actions of The Controller of Patents, Designs and Trademarks in accepting a counter statement beyond the statutory period under the Trade Marks Act, 1999. The Delhi High Court addressed the petitioner's concerns regarding procedural violations related to evidence filing. Crucially, the court directed that the proceedings concerning opposition application no. 1307531 shall remain suspended until the next hearing date, providing temporary relief to the petitioner.
Modi-Mundipharma Pvt. Ltd. & Anr. v.Win Health Pharma Through Its Proprietor Mr. Sanjay Seth & Anr.
The Delhi High Court allowed the plaintiffs to challenge the validity of the defendant's registered trademarks, 'WIN HEALTH PHARMA,' under Section 124 of the Trademarks Act. The core dispute revolves around prior use rights, as the plaintiff claims established goodwill with marks like 'WIN-HEALTHCARE' since 2005, while the defendant holds registrations for similar names. Given that both parties presented substantial arguments regarding priority and similarity, the court found prima facie merit in the plaintiffs' plea of invalidity.
Astrazeneca Ab & Anr. v.Westcoast Pharmaceutical Works Limited
Astrazeneca filed suit against Westcoast Pharmaceutical Works Limited alleging infringement of its patent (IN 297581) covering the cancer drug Osimertinib. The plaintiffs sought permanent injunctions and damages, asserting that the defendant's offer to contractually manufacture and sell the patented compound constituted infringement. Despite initial defenses by the defendant regarding regulatory approval issues, the court found that due to the defendant's failure to file a written statement within the statutory period, the suit was decreed in favor of AstraZeneca, granting them relief and substantial costs.
Idemia Identity & Security France v.The Controller General of Patents, Designs & Trademarks
Idemia Identity & Security France challenged a rejection order issued by the Controller General of Patents, which denied patent protection for its invention related to 'Cryptography on a simplified elliptical curve'. The respondents argued that the invention was merely a mathematical formula or business method, thus falling under Section 3(k) of the Patents Act. However, the Madras High Court quashed the rejection order, finding it arbitrary and non-speaking because the respondents failed to address key contentions raised by the appellant regarding its technical contribution.
Comviva Technologies Limited v.Assistant Controller Of Patents & Design
Comviva Technologies Limited appealed the Assistant Controller's decision to refuse grant for its patent application concerning methods and devices for authenticating electronic payment cards using an electronic token. The Controller had rejected the application, citing that the claims fell under Section 3(k) as being a 'business method' or 'computer programme per se'. However, the Delhi High Court overturned this refusal, holding that the invention addresses a technical problem—enhancing security in contactless payments—rather than merely automating a business process. The court affirmed that the technical contribution makes the subject matter patentable.
Opella Healthcare Group v.Vaibhav Vohra & Anr.
The Delhi High Court ruled in favor of Opella Healthcare Group, ordering the cancellation of a competing trademark and copyright held by Vaibhav Vohra & Anr. The court found that the respondent's mark 'PHENSERYL' was phonetically and visually deceptively similar to the petitioner’s long-established mark 'PHENSEDYL,' leading to potential consumer confusion in the pharmaceutical sector. Furthermore, the court cancelled the associated copyright registration due to substantial imitation of the petitioner's original artistic packaging.
Panchhi Petha Store v.Union Of India & Ors
The Delhi High Court set aside an order passed by the Regional Director which rejected a trademark rectification application. The petitioner argued that the RD exceeded its jurisdiction by making a finding on the ownership of the 'Panchhi' trademark, a matter reserved for IP courts. The court agreed, stating that while the RD can examine name similarity to prevent consumer confusion, it cannot adjudicate disputed questions of trademark ownership between parties involved in ongoing litigation.
Neetha Madala (Proprietor of M/s.Harsha Hospitals) v.The Registrar of Trade Marks
The Madras High Court allowed Neetha Madala's appeal against the Registrar of Trade Marks, setting aside an earlier refusal to register her device mark 'HARSHA HOSPITALS'. The court found that the Registrar had issued a cryptic, non-speaking order without clearly explaining how the mark infringed Sections 9 or 11 of the Act. Furthermore, the court noted that the appellant had subsequently registered other marks, strengthening her claim for distinctiveness in her specific class (Class 44). Consequently, the application was restored and directed to proceed with the trademark registration process.
Havells India Ltd v.Mohit Talwar & Ors.
Havells India Ltd filed a suit against Mohit Talwar & Ors. concerning alleged infringement of its registered designs and trademark on Distribution Boards. The current order addresses an application seeking modification of the interim injunction, which required the Commissioner of Customs to stop the export of infringing products. To facilitate compliance with this suspension order, the court directed the defendants (No. 1, 2, and 3) to provide their Importer Exporter Code (IEC) details to enable effective enforcement.
Ask Automotive Limited v.A.S.K. Enterprises
The plaintiff, Ask Automotive Limited, a major supplier of automotive friction products under the well-known trade mark 'ASK', filed a suit against A.S.K. Enterprises for infringement of its trademark and passing off. The court found that the defendant was illegally manufacturing and selling goods bearing the identical trademark 'ASK' to deceive the public.
Samsudeen A v.The Registrar of Trade Marks / Salama Eye Hospital Limited
The Madras High Court allowed the appeal filed by Samsudeen A against the Registrar of Trade Marks' decision to abandon a trademark application. The core issue was whether service via email, as per TM Rules, was sufficient when the applicant claimed non-receipt of the opposition notice. Applying a purposive interpretation in the interest of justice, the court ruled that since the appellant could not prove receipt, he was deemed not to have received the notice, thereby quashing the abandonment order and allowing him a chance to file his counter-statement.
M/S. Goldmedal Electricals Pvt. Ltd. v.Chetan Singh Rajpurohit Trading As Kaveri Electricals & Ors.
The Delhi High Court granted an interim injunction in favor of M/S. Goldmedal Electricals Pvt. Ltd., finding a prima facie case of infringement against Chetan Singh Rajpurohit Trading As Kaveri Electricals & Ors. The court recognized that the defendants' use of deceptively similar marks was likely to cause market confusion and irreparable injury to the plaintiff, who holds registered trademarks and copyrights in 'GOLDMEDAL'. This order temporarily halts the defendants from manufacturing or selling goods bearing infringing labels until the final hearing.
Monster Energy Company v.The Registrar of Trade Marks
The Madras High Court allowed Monster Energy Company's appeal against the Registrar of Trade Marks' refusal to register its trademark 'SUPER FUEL.' The court found that the Registrar erred by comparing 'SUPER FUEL' (for non-alcoholic beverages) with a similar existing mark ('FUEL') used for different products. Consequently, the impugned order was quashed, and the appellant was directed to be allowed to publish the trademark in the journal, allowing any third parties to file opposition petitions on merits.
Tecniqua India Private Limited v.Abdullah Proprietor Of Azam And Company & Anr.
The Delhi High Court addressed an application filed by Tecniqua India Private Limited seeking permission to introduce additional legal proceedings certificates related to registered trademark applications of both parties. The court granted the request, subject to issuing proper notice to Respondent No. 1, setting a return date for January 15, 2025. This order indicates ongoing procedural steps in the trademark dispute.
Acc Steel Pvt Ltd v.Acc Limited
Court decision.
City Glass And Glazing Pvt Ltd v.Ozone Overseas Pvt Ltd
The suit was filed seeking permanent injunction against infringement of a registered patent for a self-locking glazing system. The present application sought permission to take on record additional invoices and bank statements, which were needed to respond to objections raised by the defendant regarding discrepancies in earlier filings. The court allowed the plaintiff's application under Order XI Rule 1(c)(ii) CPC.
Regeneron Pharmaceuticals Inc. v.Assistant Controller of Patents and Designs, Government of India
Regeneron Pharmaceuticals Inc. filed an appeal against the Controller of Patents and Designs' order refusing to grant a patent application (No. 201947017337). The appellant subsequently sought permission from the High Court to withdraw the appeal.
Ms Shri Gorakh Bhandar v.The Commissioner Of Customs Appeals & Ors.
This Delhi High Court order sets the stage for a complex dispute concerning Intellectual Property Rights enforcement at customs. The petitioner has raised several critical questions, including whether protection can be granted without adhering strictly to the IPR (Imported Goods) Enforcement Rules, 2007, and whether failure to mention specific goods in import documents constitutes misdeclaration. The court has allowed procedural applications and scheduled the main hearing for February 12, 2025.
Beerco Ltd. v.The Registrar of Trademarks
The Madras High Court allowed Beerco Ltd.'s appeal against the Registrar's refusal to register its trademark 'BeerCo' under Class 32. The court found that the initial rejection was based on a non-speaking order and failed to consider the appellant's existing registrations for similar marks. Consequently, the impugned order was quashed, directing the Registrar to allow publication of BeerCo in the Trademark Journal so that third parties could raise any objections.
UNILIN BEHEER B.V. v.BALAJI ACTION BUILDWELL
The plaintiff filed a suit seeking a permanent injunction against the defendant for infringing its registered patent related to flooring technology. The case involves the plaintiff's licensing program and the confidentiality of third-party license agreements.
K. Ramu (Deceased) & Lavanya Ramu v.Adyar Ananda Bhavan
The plaintiff filed a suit seeking permanent injunctions and damages against Adyar Ananda Bhavan for infringing two patents (process and product) related to sweets made with fructose/levulose. The court ultimately dismissed the suit because the relevant patents had expired, rendering the main relief infructuous.
France Telecom v.Union of India
France Telecom filed a Writ Petition challenging orders from the Patent Office which returned its patent application because the request for examination was made beyond the statutory 48-month limit. The petitioner argued that the delay was due to an error by their Indian agent, constituting exceptional circumstances. The Court accepted this argument and set aside the impugned orders.
Ucon Pt Structural System Private Limited v.Utracon Corporation Pte Ltd., Utracon Management Pte Ltd., and Utracon Engineering Services Private Limited
The Madras High Court dismissed multiple arbitration applications seeking various interim injunctions against Utracon entities. The applicants, Ucon PT Structural System Private Limited, sought protection against client/employee poaching and the use of the 'UTRACON' name and logo. However, the court found that the non-compete and non-solicitation clause in the underlying Sale of Shares Agreement had expired after 10 years. Furthermore, the applicants failed to establish a prima facie case or demonstrate irreparable harm, leading to the dismissal of all interim relief requests.
M/s Rspl Limited v.M/s Sunil Store (Proprietor & Owner) Trading as M/s Parth Store
The plaintiff, M/s RSPL Limited, filed a suit against the defendant, M/s Sunil Store, alleging infringement of its trademarks and copyrights related to detergent products. The court found that the defendant was infringing upon the plaintiff's registered trademark GHARI/GHADI and passing off goods as belonging to the plaintiff.