India IP Litigation
7,068 annotated decisions
Page 70 of 295 · 7,068 total
Jrpl Riceland Llp v.Crop India Agro Pvt Ltd
The Delhi High Court granted an ex-parte ad-interim injunction favoring Jrpl Riceland LLP against Crop India Agro Pvt Ltd. The court found that the Defendant's subsequent adoption of a deceptively similar trademark ('2') for rice constituted passing off, given the Plaintiff's established goodwill and senior user status with their mark ('9090'). This interim relief prevents the defendant from using the infringing mark while the main suit proceeds.
Radico Khaitan Ltd v.Superior Industries Ltd
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Radico Khaitan Ltd against Superior Industries Ltd. The court found that the Defendant's use of 'GREAT GRAND MASTI' for alcoholic beverages was highly likely to cause confusion and constitute trademark infringement or passing off against the Plaintiff's established mark, 'MASTIH'. This interim order immediately restricts the defendant from manufacturing or selling products bearing the impugned marks until the final hearing.
Marc Salon And Beauty Equipments Pvt Ltd v.Gm Sales
Marc Salon And Beauty Equipments Pvt Ltd filed a suit alleging that Gm Sales was engaging in passing off, unfair competition, and copyright infringement by slavishly copying its salon furniture designs and using its product images. The plaintiff claimed market dominance and distinctiveness in their products. The court reviewed the application to vacate the interim injunction granted earlier.
Boehringer Ingelheim International GmbH v.Eris Lifesciences Limited
The plaintiffs, Boehringer Ingelheim International GmbH (through its Power of Attorney Holder), filed an application seeking interim relief against Eris Lifesciences Limited for infringing Indian Patent No. 268846. The patent covers pharmaceutical products like Empagliflozin and related formulations. The court found that the plaintiffs had established a prima facie case, leading to the grant of an injunction.
Boehringer Ingelheim International GmbH v.Eris Lifesciences Limited
The plaintiffs, Boehringer Ingelheim (through its Power of Attorney Holder), filed an application seeking interim relief against Eris Lifesciences Limited. The dispute centers on the alleged infringement of Indian Patent No. 268846 by the defendant's manufacturing and sale of generic versions of Empagliflozin and related formulations, including products sold under the trade mark 'Linares-E'.
Incyte Holdings Corporation v.Lotus Labs Private Limited
The plaintiffs filed a commercial suit alleging infringement of their Indian Patent No. 269841, which covers the compound 'Ruxolitinib'. The court granted an exemption from advance service based on the apprehension that Defendants might flood the market with infringing products before formal service could occur.
Boehringer Ingelheim International GmbH v.Eris Lifesciences Limited
The plaintiffs, Boehringer Ingelheim (through its Power of Attorney Holder), filed an application seeking an interim injunction against Eris Lifesciences Limited. The suit concerns alleged infringement of Indian Patent No. 268846 related to the medicinal product Empagliflozin and its formulations. The court found that the plaintiffs had established a prima facie case and granted the requested restraint.
Incyte Holdings Corporation v.Alembic Pharmaceuticals Limited
Incyte Holdings Corporation filed a quia timet action against Alembic Pharmaceuticals Limited alleging impending infringement of its patent (IN2698411) covering the compound 'Ruxolitinib'. The parties reached an agreement where the defendant undertook not to commercially manufacture or deal in products containing Ruxolitinib during the patent's validity, and the suit was disposed of on these consent terms.
Boehringer Ingelheim International GmbH v.Eris Lifesciences Limited
The plaintiffs, represented by Boehringer Ingelheim International GmbH and its Indian subsidiary, sought an interim injunction against Eris Lifesciences Limited for allegedly infringing their Indian Patent No. 268846 related to Empagliflozin. The court found that the plaintiffs had established a prima facie case and balance of convenience, leading to the grant of temporary relief.
M/S Nakoda Food Marketing & Ors. v.M/S Mahesh Edible Oil Industries Limited
The Delhi High Court addressed an application filed by the respondent seeking interim relief in a trademark dispute. The court noted that while the respondent's mark is registered and well-known, the appellants' mark was unregistered and had previously been withdrawn from registration. Consequently, the court declined to grant any ad interim order at this stage but directed the appellants to file detailed documentation regarding their prior use and application history for future consideration.
Ds Agrifoods Private Limited v.M/S Singhal Enterprises & Ors.
The Delhi High Court granted an ad-interim ex-parte injunction in favor of Ds Agrifoods Private Limited against M/S Singhal Enterprises & Ors. The court found that the Defendant's use of the mark 'DOODMALAI' and its associated trade dress was deceptively similar to the Plaintiff's established trademark 'DOONMALAI'. Given the phonetic, visual, and structural similarity, coupled with a prior business relationship suggesting bad faith, the court ruled that the Defendants were passing off their goods. This interim order protects the Plaintiff's market standing until the final hearing.
Tata Sia Airlines Limited v.Vistara Property Services Llp
The Delhi High Court granted an ex-parte ad interim injunction in favor of Tata Sia Airlines Limited against Vistara Property Services Llp. The court found that the plaintiff had made out a prima facie case regarding trademark infringement, specifically concerning the use of 'VISTARA GETAWAYS' and similar marks by the defendant across various online platforms. This immediate relief aims to prevent irreparable harm while the main suit proceeds.
Hell Energy Magyarorszag Kft. & Anr. v.National Internet Exchange Of India (NIXI) & Ors.
The Delhi High Court granted urgent interim relief in favor of Hell Energy Magyarorszag Kft., addressing the misuse of its 'HELL' trademark by imposters operating fraudulent websites. The court directed domain registrars to block infringing domains, mandated banks to freeze suspicious accounts, and ordered telecom providers and government agencies (MeitY/DoT) to take steps to disable mobile numbers and block website access. This decisive order aims to protect the plaintiff's brand reputation and prevent further financial fraud.
Abbott Products Operations Ag v.Mr. Muheen Khan & Anr.
The Delhi High Court allowed the petition filed by Abbott Products Operations Ag to cancel the trademark registration 'DUFAKWIK' (No. 4459400) in Class 05. The cancellation was achieved through a mutual agreement, as both parties agreed that the mark should be removed from the Register without any claim for damages. This order provides a clear example of how IP disputes can be resolved efficiently through negotiated settlements before the court.
M/S Shree Hari Industries (Hari Oil Mill) v.Registrar Of Copyrights And Anr
M/S Shree Hari Industries filed proceedings against the Registrar of Copyrights, alleging that certain copyright grants were improperly issued. The petitioner contended that these grants failed to properly consider their pre-existing registered trademarks. During the hearing on May 29, 2024, the court accepted trademark search certificates and noted the petitioner's request for a stay on the use of the disputed marks. The matter was listed for further consideration.
Saregama India Limited v.Zee Entertainment Enterprises Limited
Saregama India Limited filed a declaratory suit under Section 60 of the Copyright Act, seeking protection against threats made by Zee Entertainment Enterprises Limited regarding copyright infringement. The core dispute involved Saregama claiming ownership over numerous sound recordings and literary works. However, when Zee subsequently initiated its own suit for copyright infringement against Saregama, the Delhi High Court held that this action brought the matter within the scope of the proviso to Section 60. Consequently, the initial declaratory suit filed by Saregama was rendered infructuous.
Mahesh Gupta v.Assistant Controller Of Patents And Designs
Mahesh Gupta appealed the refusal of his patent application for a 'Portable Vehicle Management System' by the Assistant Controller. The refusal was based on the lack of inventive step, citing various prior art documents (D4 and D5). The High Court upheld the rejection, finding that the features were predictable applications of existing technology.
Phillip Morris Products S.A. v.Assistant Controller Of Patents And Design
Phillip Morris Products S.A. filed an appeal before the Delhi High Court challenging the Assistant Controller of Patents and Designs' order dated January 24, 2024, which rejected their patent application (No. 201617026827) under Section 3(b) of the Patents Act, 1970. The court granted an exemption request while directing parties to file written submissions.
Mitsubishi Gas Chemical Company, Inc. v.The Deputy Controller of Patents and Designs
Mitsubishi Gas Chemical Company, Inc. filed an appeal challenging the order dated February 29, 2024, passed by the Deputy Controller of Patents and Designs rejecting its patent application (no. 202117021605). The High Court granted exemption in a related interlocutory application and directed parties to file written submissions.
Manash Lifestyle Private Limited v.Paghadar Riddhi Savanbhai & Ors.
The Delhi High Court issued a series of orders in the trademark infringement suit filed by Manash Lifestyle Private Limited against Paghadar Riddhi Savanbhai & Ors. The court formally registered the plaint as a commercial suit and set out procedural timelines for both parties to file their respective pleadings, including affidavits of admission/denial of documents. Additionally, several interlocutory applications seeking exemptions from pre-institution mediation and advance service were granted by the court.
Ambuja Cements Limited v.Sudheer Sharma And Ors
Ambuja Cements Limited filed a suit alleging that several defendants were fraudulently using its 'AMBUJA CEMENT' trademarks and associated domains to run phishing websites, deceiving consumers into making payments. The Delhi High Court granted interim relief, directing the maintenance of status quo on relevant domain names and ordering telecom/internet service providers (MEITY and DoT) to suspend access to these fraudulent sites. Furthermore, the court mandated that various defendants provide KYC documents and details of registered phone numbers to aid in identifying the perpetrators.
Singh And Singh Law Firm Llp v.Singh And Singh Attorneys
The Delhi High Court granted a permanent injunction in favor of the Plaintiffs (Singh & Singh Law Firm LLP) against the Defendants (Singh And Singh Attorneys). The court found that the defendants were infringing upon the Plaintiffs' registered trademarks and goodwill associated with the name 'Singh & Singh'. Despite modifications to the scope of relief sought, the court affirmed the right of the Plaintiffs to protect their brand identity, emphasizing the international reputation and established goodwill of the law firm.
Sun Pharma Laboratories Ltd. v.Microcosm Pharma & Ors.
In a trademark infringement suit, Sun Pharma Laboratories Ltd. filed a claim against Microcosm Pharma regarding the alleged deceptive similarity between its registered mark 'PEGMOVE' and the defendant's mark 'PEG-MU'. During court proceedings, the proprietor of Defendant No. 1 voluntarily offered to discontinue the use of the impugned mark and undertake not to adopt any similar marks. While the suit continues for formal registration and issue framing, this offer suggests a potential path toward an amicable resolution.
Nandi Infratech P. Ltd. v.Himanshu Bhandari & Ors.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Nandi Infratech P. Ltd. against Himanshu Bhandari & Ors. The court allowed exemptions from pre-institution mediation and filing certain annexures, while also proceeding with the main injunction application under Order XXXIX Rules 1 & 2 CPC. The plaintiff seeks a permanent injunction to prevent the defendants from using the deceptively similar mark 'AMAATRA BANQUETS' against the registered trademark 'AMAATRA'.