India IP Litigation
7,167 annotated decisions
Page 76 of 299 · 7,167 total
M/S New Bharat Overseas v.M/S Bhagwati Lacto Vegetarian Exports Pvt Ltd
The Delhi High Court allowed an application for substitution, recognizing that the original petitioner's trademark and copyright rights had been assigned to a new entity, M/s New Bharat Impex. The court held that since the cause of action now rested with the assignee, the substitution was necessary for effective adjudication. This order ensures continuity in IP litigation following a change in ownership.
Phillip Morris Produts S A v.Assistant Controller Of Patents And Design
Phillip Morris Produts S A filed an appeal before the Delhi High Court challenging the Assistant Controller of Patents and Design's order dated January 2, 2024. The refusal was based on Section 3(b) of the Patents Act, 1970, concerning the Appellant's Indian Patent Application No. 201917025257.
R C Plasto Tanks And Pipes Pvt. Ltd v.M/S. Navnath Pipes
The plaintiff, R C Plasto Tanks And Pipes Pvt. Ltd., claimed that the defendant, M/S Navnath Pipes, was infringing its distinctive trademark 'PLASTO/' in relation to plastic pipes and fittings. The dispute arose when the plaintiff discovered the defendant using a deceptively similar mark for manufacturing and selling impugned goods.
M/S Shrinath Travel Agency & Ors. v.M/S Shreenath Cargo Movers & Ors.
The Delhi High Court granted an ex-parte ad interim injunction in favor of M/S Shrinath Travel Agency & Ors. against M/S Shreenath Cargo Movers & Ors. The court found a prima facie case for trademark infringement, noting the similarity between the marks and the services provided (travel, transport, logistics). Crucially, the defendants were ordered to deactivate their infringing domain name within one week, while the operational injunction would take effect after a six-week grace period.
Dharampal Satyapal Foods Ltd. v.Parle Products Pvt. Ltd.
Dharampal Satyapal Foods Ltd. filed a petition seeking the cancellation and removal of the trademark registration 'MAZELO' held by Parle Products Pvt. Ltd. The Bombay High Court, in its Commercial Division, permitted the petitioner to amend their petition to include the Registrar of Trademarks as Respondent No. 2. This procedural step moves the case forward toward challenging the validity of the existing trademark.
Winzo Games Private Limited v.Hike Global Pte. Ltd.
WinZO Games Private Limited filed a petition seeking interim reliefs against Hike Global Pte. Ltd. alleging that the Respondents launched a competing app ('Rush') which imitated WinZO's features, misused confidential information, and utilized WinZO's proprietary match-making algorithm. The court issued an interim order directing both parties to place relevant source codes and algorithms on record for the Sole Arbitrator.
Pernod Ricard India Private Limited v.Advent Brand House Private Limited & Ors.
The Delhi High Court issued an order in the ongoing trademark dispute between Pernod Ricard India Private Limited and Advent Brand House Private Limited. Noting that certain respondents were unserved despite previous attempts, the court directed the issuance of fresh notices to Respondent Nos. 1 and 2. The petitioner was also instructed to serve the Trade Mark Attorney who represented Respondent No. 1 in the registration process. This procedural step ensures all parties are properly notified before further proceedings continue.
Mr. Anil Rathi & Ors. v.Dsr Steel Pvt. Ltd. & Ors.
The Delhi High Court issued an order directing the continuation of litigation concerning the 'RATHI' trademark dispute between Mr. Anil Rathi & Ors. and Dsr Steel Pvt. Ltd. & Ors. Despite unsuccessful mediation efforts, the court scheduled the matter before a different bench for September 3, 2024, to continue addressing the disputed issues.
E. R. Squibb And Sons, Llc v.Zydus Lifesciences Limited
The plaintiffs are seeking a permanent injunction against the defendant for infringing their patent related to the pharmaceutical product NIVOLUMAB, marketed as OPDYTA in India. The defendant is attempting to process a biosimilar version of the plaintiff's drug.
Manish Vanigota v.Commissioner of Customs Nagpur
The appeal challenged the absolute confiscation of goods and penalties imposed by the Commissioner of Customs, Nagpur. The case involved various consignments containing prohibited items, including those infringing intellectual property rights, cosmetics, and pharmaceutical products. The Tribunal set aside several penalties, finding that the adjudicating authority failed to elaborate on the specific prescriptions violated.
Guala Closures Spa v.Agi Greenpac Limited
Guala Closures Spa filed a suit seeking enforcement of its patent rights against Agi Greenpac Limited, alleging infringement by the latter's 'Voila Closure.' The Plaintiff holds Patent No. 349522 for a tamper-evident closure with a two-level tear-off seal mechanism. The court examined the prima facie case regarding infringement and the necessity of an interim injunction. Ultimately, the Court found that the triple test for granting an injunction was not met, favoring the Defendants' business interests at this preliminary stage.
Greenlam Industries Limited v.Greenland Particle Boards Private Limited
The Delhi High Court issued procedural orders in the trademark infringement suit filed by Greenlam Industries Limited against Greenland Particle Boards Private Limited. The court allowed exemptions from pre-institution mediation and granted various applications related to filing documents and time extensions. Crucially, the court directed that summons be issued to the defendant, initiating the formal trial process for the claim of trademark infringement based on the use of similar marks like 'GREENLAND' and 'ZOHA GREENLAND'.
Structural Integrated Panels Private Limited v.Hexpressions Megatech Private Limited & Anr.
The Petitioner, engaged in manufacturing integrated panels, filed a suit seeking the revocation of Patent No. 360834 held by Respondent No. 1. The Petitioner claims that the patented technology is identical to its own commercially available product and that the patent claim is factually misleading.
Gunjan Sinha @ Kanishk Sinha v.The Union Of India
The petitioner challenged the constitutional validity of Section 53 of the Patents Act, 1970, arguing that since full patent rights only commence upon grant, counting the twenty-year term from the date of application is contradictory. The respondents argued that both sections operate at different stages and are compliant with international obligations like TRIPS Agreement. The Court ultimately held that Section 53 is intra vires the Constitution.
Sunflame Enterprises P. Ltd. v.The Registrar Of Trademarks & Anr.
Sunflame Enterprises appealed the Registrar of Trademarks' decision to reject its opposition against a trademark application. The appellant argued that the Registrar incorrectly applied the 'actual confusion' test, contending that the standard should be the more robust 'likelihood of confusion.' The Delhi High Court accepted notice and directed both parties to file detailed written submissions within four weeks, setting the stage for a substantive hearing on the merits of the trademark dispute.
Chavvi Poplai And Anr v.Rajesh Chugh And Anr
The Delhi High Court addressed two matters in this order: an application seeking condonation of delay, which was granted, and a rectification petition challenging the trademark 'NIZAM'S'. The petitioners sought to remove the respondent's trademark registration, arguing that the word is publici juris. While the court accepted notice for the main petition, it also noted prior injunction orders favoring the respondents, directing both parties to file detailed replies before the next hearing.
M/S Shree Hari Industries (Hari Oil Mill) v.Registrar of Copyrights and Anr
M/S Shree Hari Industries filed a suit against the Registrar of Copyrights alleging that respondents were selling mustard oil using an almost identical trade dress and packaging to the petitioner's product. The Delhi High Court addressed procedural matters, noting the emergence of evidence showing blatant copying by the respondents. While granting some time for the respondent to file necessary documentation, the court emphasized the seriousness of the infringement claim and fixed a firm date for the next hearing.
Informa Markets India Private Limited v.M/S 4Pinfotech And Anr
Informa Markets India Private Limited filed a petition seeking rectification and removal of an existing copyright registration (L-79443/2018) for the work titled 'Virtual Expo'. The petitioner challenged the validity of the registration, arguing that the document merely described generic benefits of conducting virtual expositions. The Delhi High Court examined whether this description constituted protectable literary material or was simply a documentation of an idea. Ultimately, the court ruled in favor of the petitioner, holding that since the content was abstract and extremely generic, it did not meet the threshold for copyrightability.
Telefonaktiebolaget Lm Aricsson (Pub) v.Controller General of Patents and Designs and Trademarks
This order in Telefonaktiebolaget Lm Aricsson vs Controller General of Patents and Designs deals with a patent application that has technically expired. Despite the expiration, the appellant raised arguments concerning whether telecommunication methods fall under the scope of 'algorithm' or 'business method', which would restrict them under Section 3(k) of the Patents Act, 1997. The court acknowledged this academic issue and scheduled the matter for further hearing.
Rayner Surgical Ireland Limited (formerly Omeros Corporation) v.The Deputy Controller of Patents and Designs
The appellant (Rayner Surgical Ireland Limited/Omeros Corporation) filed an appeal challenging the order dated January 31, 2020, which refused its patent application for 'STABLE PRESERVATIVE-FREE MYDRIATIC AND ANTI-INFLAMMATORY SOLUTIONS FOR INJECTION'. The court also addressed applications regarding exemption from fees and condonation of delay.
Samsung Electronics Co,M v.Samsung Leasing & Ors.
The Delhi High Court addressed several procedural applications in the trademark passing off suit filed by Samsung Electronics. The court allowed a minor application concerning corporate name changes for one defendant, while simultaneously framing an additional issue to determine the validity and non-use of the plaintiff's 'SAMSUNG' trademarks. Furthermore, the court dismissed the defendants' attempt to prematurely adjudicate objections regarding the mode of proof during evidence, holding that such issues are best reserved for final arguments.
Crystal Crop Protection Ltd. v.Crystal Corporation & Ors.
The Delhi High Court modified an earlier ex-parte injunction in favor of Crystal Crop Protection Ltd. after Defendant No. 1 successfully argued that the initial court findings regarding prior communications were incorrect. The Court found that the notices sent by the plaintiff were not received by Defendant No. 1, leading to a variation of the injunction. While the defendant must avoid using 'CRYSTAL' as the principal brand mark on its agro-products, it is permitted to continue using its trade name 'CRYSTAL CORPORATION' and associated logo.
Puneet Chhabra Proprietor Of Rama Wire Industries v.Kewal Krishan Bansal Proprietor Of M/S Vee Pee Bansal And Company
The Delhi High Court dismissed an appeal filed by Rama Wire Industries (the appellant) seeking interim protection against a suit brought by Vee Pee Bansal and Company (the respondent). The core dispute involved allegations of trademark infringement, passing off, and copyright infringement. The court found that the appellant's claim to hold a copyright in its mark was dishonest, noting the striking similarity between the marks. Consequently, the court declined to grant any interim order in favor of the appellant.
Bot Organic Private Limited v.Piruz Khambhatta & Anr.
The Gujarat High Court dismissed a challenge filed by Piruz Khambhatta against an earlier Commercial Court order that allowed the plaintiff, Bot Organic Private Limited, to amend its plaint. The core dispute involved alleged trademark infringement and passing-off concerning the mark 'RUS' used on fruit juice packaging versus the plaintiff's well-known mark 'RASNA'. The court upheld the amendment, finding that adding variants of the existing trade mark did not fundamentally change the nature or scope of the original suit.