India IP Litigation
7,167 annotated decisions
Page 72 of 299 · 7,167 total
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.
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.