India IP Litigation
7,068 annotated decisions
Page 69 of 295 · 7,068 total
Srinivas S Devathi v.Union of India
Srinivas S Devathi filed a writ petition alleging that the USPTO, acting as an International Search Authority (ISA), fabricated an International Search Report (ISR) for his patent application (US Patent No. 8910998 B1). He claimed this fraud led to the rejection of his patent rights globally. The petitioner sought directions from the Union of India to initiate legal action against USPTO and WIPO. However, the Karnataka High Court dismissed the petition, holding that since the claims required extensive evidence and were outside writ jurisdiction, and given the prior requirement for consent under Section 86 of the CPC, the present petition was premature and not maintainable at this stage.
Mayco Monsanto Biotech (India ) Ltd v.The Government of Andhra Pradesh
Mayco Monsanto Biotech filed a writ petition challenging an impugned G.O. issued by the Government of Andhra Pradesh which fixed the reasonable trait value/royalty for cotton seeds for 2015-16. The court considered the arguments regarding potential prejudice to the petitioners if the order was suspended.
Seiwa Kasei Co. Ltd. v.Registrar Of Trade Marks
The Bombay High Court set aside the provisional refusal orders issued by the Registrar of Trade Marks against Seiwa Kasei Co. Ltd.'s trademark application 'PHYTOCUTICLE'. The court found that the original orders were cryptic, lacked reasoning, and failed to consider the petitioner's arguments regarding the mark's distinctiveness. Furthermore, the court ruled that mere uploading of decisions on the website does not constitute proper communication under the Trademarks Rules, 2017, thus validating the timely filing of the petition. The matter has been remanded for fresh consideration by a new officer.
Professor Jayashankar v.Monsanto Technology LLC
Professor Jayashankar filed an Original Petition seeking the revocation of Patent No. 232681, granted to Monsanto Technology LLC, under Section 64 of the Patents (Amendment) Act, 2005. The petition was heard by the Madras High Court on June 13, 2024. However, due to the petitioner's failure to appear despite being served notice, the court dismissed the Original Petition for non-prosecution.
Professor Jayashankar, Telangana State Agricultural University v.Monsanto Technology LLC
Professor Jayashankar, representing Telangana State Agricultural University, filed an Original Petition seeking the revocation of Patent No. 232681 held by Monsanto Technology LLC. The petition aimed to challenge the validity of the patent under Section 64 of the Patents (Amendment) Act, 2005. However, despite being served notice, the petitioner failed to appear before the Madras High Court on multiple occasions. Consequently, the court dismissed the Original Petition for non-prosecution.
Pidilite Industries Limited v.Astral Limited (Formerly known as Resinova Chemie Limited)
Pidilite Industries Limited filed an interim application alleging that Astral Limited was infringing its registered design for the M-SEAL PV SEAL container. The plaintiff claimed originality in the shape and configuration of the container, which is used for solvent cement products. The court found a prima facie case for infringement and granted an ad interim injunction against the defendant's use of similar containers.
Ashish Anilkumar Desai (M/s. Sujanil Chemo Industries) v.M/S.Maas Herbals Private Limited
The Madras High Court dismissed the Original Petition filed by Ashish Anilkumar Desai against M/S. Maas Herbals Private Limited. The petition sought rectification and cancellation of the trademark 'LICYL' from the register, citing issues with Registration No.2089321. Crucially, the court noted that despite multiple opportunities and service of notice, the petitioner failed to appear for hearing. Consequently, the case was dismissed purely on grounds of non-prosecution.
Skoda Auto A.S. v.M.R.Sanjeevi
Skoda Auto A.S. filed a suit against M.R. Sanjeevi and others, alleging infringement and passing off concerning its well-known trade mark 'SKODA' and its logo. The plaintiff sought permanent injunctions and damages for unauthorized use of similar marks. However, on the date of hearing (June 11, 2024), the court noted that the plaintiff had failed to file the required proof affidavit for chief examination as directed by the Court. Consequently, the suit was dismissed for default.
Indian Institute of Technology (IIT Madras) v.The Controller of Patents & Designs
IIT Madras appealed the refusal of its patent application concerning a method for doping potassium into ammonium perchlorate to increase burn rates in solid propellants. The Controller rejected the application citing lack of novelty, inventive step, and Section 3(d) restrictions. The High Court upheld the rejection on grounds of Sections 3(d) and 2(1)(ja), finding the claimed technical advance obvious.
M/s. Vemula Buchamma And Sons v.Vemula Manikyam
The Madras High Court dismissed an Original Petition filed by M/s. Vemula Buchamma And Sons against Vemula Manikyam and the Registrar of Trade Marks. The petitioner sought the removal or cancellation of the trademark 'KISMAT BEEDI' from the register, citing concerns over maintaining the purity of the register. However, due to the petitioner's failure to appear for hearing despite being duly served notice, the court dismissed the petition for non-prosecution.
M/S. Chandras Chemical Enterprises Pvt. Ltd. v.The Registrar Of Trade Marks And Ors
The Calcutta High Court issued a directive in the matter concerning the registration of the mark "DENSEAL (Gom.Dev)". Noting that the Registrar of Trade Marks had failed to transmit the original case record despite previous court directions, the Court granted a final opportunity. The Registrar was ordered to submit the complete record by August 19, 2024, with a warning that failure to comply would result in mandatory appearance before the Court on August 27, 2024.
Prabhu Soap Works v.The Commissioner of GST and Central Excise
Prabhu Soap Works challenged the department's demand for service tax levied on notional interest, arguing that permitting its wife's concern to use its registered brand names did not constitute a taxable Intellectual Property Service. The Tribunal found that since no consideration was charged for the alleged IPR service, the departmental assessment based on notional interest and cost-based valuation was unsustainable. Consequently, the appeal was allowed.
Fives Combustion Systems P Ltd v.Vadodara-I
The appellant challenged the demand raised by the revenue regarding royalty payments made for technical knowhow supplied by a foreign company. The core issue was whether this payment constituted a taxable intellectual property service under Indian law, given that the service provider was not governed by any Indian law.
Dr. Nidhi Gulati v.M/s. Repro Books Limited
The plaintiff filed a suit seeking permanent injunction and damages against Repro Books Limited (and Amazon Retail India Pvt. Ltd.) for the unauthorized reproduction and sale of her copyrighted Ph.D thesis, "Construction of Childhood in Cinema," as a book. The court found that Defendant No. 1 infringed upon the exclusive rights of the plaintiff by selling a word-for-word copy without permission or royalty.
Tintometer India Pvt.Ltd v.M/s Wensar Weighing Scales Limited
The Madras High Court partially decreed the suit filed by Tintometer India Pvt.Ltd against M/s Wensar Weighing Scales Limited regarding trademark infringement. The court granted permanent injunctions restraining the defendants from using or passing off the identical mark 'TINTOMETER' in relation to colorimeter products, and ordered the surrender of infringing materials for destruction. While rejecting the claim for specific damages, the court passed a preliminary decree compelling the defendants to render true accounts of profits made through the use of the disputed trademark.
Interdigital Technology Corporation v.Guangdong Oppo Mobile Telecommunications Corp. Ltd.
The suit involved Interdigital Technology Corporation alleging infringement of its Standard Essential Patents (SEPs) by Guangdong Oppo Mobile. The parties filed interlocutory applications regarding document discovery and the constitution of a confidentiality club. The court ruled that defendants must disclose their agreements with Qualcomm, while rejecting plaintiffs' request for Ericsson and Orange S.A. agreements.
Guangdong Oppo Mobile Telecommunications Corp. Ltd. & Ors. v.Interdigital Technolgy Corp. & Ors.
Guangdong Oppo Mobile appealed a judgment regarding the payment and security requirements for using Standard Essential Patents (SEPs) held by Interdigital. The dispute centered on whether the appellants were unduly penalized for non-compliance with previous consent terms involving global bank guarantees. The Court issued directions requiring the defendants to furnish an unconditional bank guarantee from an Indian public sector bank instead of relying solely on foreign guarantees, allowing them continued use of the SEPs.
Guangdong Oppo Mobile Telecommunications Corp. Ltd. & Ors. v.Interdigital Technology Corp. & Ors.
Guangdong Oppo Mobile filed appeals challenging a single judge's order that imposed deposits, costs, and restricted their ability to secure respondents with an Indian Bank guarantee. The dispute centers on the alleged infringement of Standard Essential Patents (SEPs) related to telecommunication standards by mobile device manufacturers.
Pioneer Hi-Bred International Inc. v.The Controller Of Patents
The Appellant, Pioneer Hi-Bred International Inc., filed an appeal challenging the refusal of its Indian Patent Application No. 201617008869 by the Assistant Controller of Patents & Designs. The High Court issued notice and set a date for re-notification to hear the matter.
Ashim Gujral v.Moti Mahal Delux Management Services Private Limited & Anr.
Ashim Gujral has initiated legal action against Moti Mahal Delux Management Services regarding the registration of the trademark 'MOTI MAHAL GROUP'. The petitioner asserts co-ownership of the 'MOTI MAHAL' mark and claims that Respondent No. 1 obtained the impugned registration by making false statements, relying on the petitioner's rights without consent. The court has issued notice to both parties, setting the stage for formal opposition proceedings.
Roppen Transportation Services Private Limited v.Mr. Nipun Gupta & Anr.
Roppen Transportation Services Private Limited filed a petition seeking the removal of an allegedly infringing trademark, 'RAPIDO' (No. 4459206), registered in Class 39. The Delhi High Court proceeded with issuing notice to all permissible parties, setting the matter for return on September 24, 2024. While procedural applications regarding document filing were addressed, the core dispute over trademark cancellation is now moving forward.
GTZ India Pvt. Ltd. v.Artek Surfins Chemicals Ltd. & Anr.
The Delhi High Court dismissed an appeal filed by GTZ India Pvt. Ltd. against a commercial court order that granted an injunction to Artek Surfins Chemicals Ltd. The dispute centered on the use of specific alphanumeric codes (e.g., '786', '2048M') in chemical products. The court found prima facie evidence that GTZ copied these unique alpha numerals, which are used by Artek as source identifiers for their goods, thereby establishing a case of both trademark infringement and passing off.
Ranjit Prasad Mathuri v.Gopal Choudhary & Anr.
The Delhi High Court granted an ex parte ad interim injunction in favor of the plaintiff, Ranjit Prasad Mathuri, against the defendants. The court found that the plaintiff had made out a prima facie case for trademark infringement concerning his 'GS GULAB BIDI 755' mark. This immediate relief restrains the defendants from manufacturing or dealing in bidis using marks identical or deceptively similar to the plaintiff's registered trade mark, pending further proceedings.
Malhotra Surgical Industries v.Dharam Pal Singh Bhatia & Anr.
In this trademark infringement matter, the Delhi High Court issued interim directions concerning the online sale of 'MICROTONE' products. While the defendant undertook not to sell or distribute the impugned goods, the plaintiff noted that the products remained available on various e-commerce platforms. Consequently, the court directed both parties to file detailed affidavits—the plaintiff detailing current infringing listings and the defendants naming all distributors—to allow for further appropriate judicial action.