India IP Litigation
7,068 annotated decisions
Page 8 of 295 · 7,068 total
Novartis A.G. v.YY
The Plaintiffs, Novartis A.G. and its affiliate, filed a suit seeking permanent injunction against the Defendant for infringing Indian Patent No. 419280. The court granted several interlocutory orders, including an interim injunction and exemption from mandatory pre-litigation mediation.
Myokardia Inc. v.Lucius Pharmaceutical
Myokardia Inc. filed a suit against Lucius Pharmaceutical alleging infringement of its Indian Patent No. 392872, which covers novel pyrimidinedione compounds used to treat serious cardiovascular diseases like hypertrophic cardiomyopathy (HCM). The Plaintiffs argued that the defendants' generic product infringed upon their patented technology and caused irreparable harm. Based on a prima facie assessment, the Delhi High Court granted an ex-parte ad-interim injunction restraining the defendants from manufacturing or selling generic Mavacamten until further hearing.
Marico Limited v.Essen Products India Limited
The Bombay High Court granted ad-interim relief in favor of Marico Limited against Essen Products India Limited. The court allowed a leave petition to combine claims for passing off with trademark and copyright infringement. Based on prima facie evidence, the court found that the defendant's product was deceptively similar to Marico's well-established brands (Parachute and Nihar) and depicted in pirated artwork. Consequently, an injunction was issued preventing the defendants from using similar marks or trade dress pending the final disposal of the suit.
Mankind Pharma Limited v.Motherkind Pharma Private Limited
The Delhi High Court granted an interim injunction favoring Mankind Pharma Limited against Motherkind Pharma Private Limited. The court found that Motherkind's use of 'MOTHERKIND' prima facie amounted to trademark infringement and passing off, given its similarity to Mankind's well-known marks ('MANKIND' and 'KIND') in the pharmaceutical sector. This preliminary order restrains the Defendant from using the infringing mark until further proceedings.
UPL Limited And Anr v.Royal Agro Tech And Ors
The Plaintiffs filed a commercial suit seeking permanent injunction against the Defendants for infringement related to agricultural chemicals, specifically concerning an Indian Patent and Trade Mark. The court granted several applications, including exemption from pre-institution mediation and advance service, while directing the execution of Local Commissions to inspect infringing products.
Kenvue Brands Llc & Anr v.Rspl Limited
Plaintiffs filed a suit seeking permanent injunction against infringement of their patent (IN 339964) by Defendant's products. The court, while considering an application for interim injunction, raised serious doubts regarding the authenticity and timing of the technical expert affidavit provided by the Plaintiffs.
Astellas Institute For Regenerative Medicine v.The Controller Of Patents And Designs
The petitioner appealed against an order rejecting their patent application for 'Improved methods of producing RPE cells and compositions of RPE cells'. The core dispute centered on whether the invention, which uses human pluripotent cells to produce RPE cells, violated Section 3(b) of the Patents Act due to ethical concerns about embryo destruction. The court upheld the rejection order.
Dindayal Industries Ltd. v.Dindayal Ayurved Bhawan.
Dindayal Industries Ltd. appealed against an order that dismissed its application for interim injunction, alleging that the respondents were infringing on its trademarks and engaging in passing off. The appellant claimed to be a long-standing user of the 'DINDAYAL' mark since 1927, possessing substantial goodwill and numerous registered trademarks. The court found that the plaintiff had established a prima facie case of infringement and passing off, concluding that refusing interim relief would cause irreparable injury to its reputation.
Somany Ceramics Limited v.Hsil Limited And Anr.
The Calcutta High Court allowed an application filed by Somany Ceramics Limited seeking the removal and cancellation of a specific registered device mark, 'A Somany Enterprise,' belonging to Hsil Limited. The core ground for the relief was non-use, as the applicant successfully argued that the respondent had never commercially used the impugned mark in relation to the goods specified under Class 16. Given the respondents' concession regarding the lack of commercial use, the court directed the removal of the mark from the Trade Marks Register.
Novartis Ag v.Novarise Gastro Bariatrics & Ors.
The Delhi High Court granted an interim injunction in favor of Novartis Ag against Novarise Gastro Bariatrics & Ors. The court found that the use of the impugned tradename 'NOVARISE' by the defendants was likely to cause confusion among consumers, given the established goodwill and reputation of the Plaintiff's well-known trademark 'NOVARTIS' in the pharmaceutical sector. Citing prima facie evidence, the court held that irreparable harm would be caused to Novartis if the injunction was not granted immediately.
Nandamuri Taraka Rama Rao v.Ashok Kumar / John Doe And Ors
The Delhi High Court registered a commercial suit filed by actor Nandamuri Taraka Rama Rao seeking protection against the misappropriation of his personality and publicity rights. The court granted several procedural reliefs, including exempting the plaintiff from mandatory pre-litigation mediation and statutory notices for certain defendants. Furthermore, the court issued summons to specific online retailers found to be unauthorizedly selling merchandise bearing the plaintiff's likeness, allowing the suit to proceed toward an injunction against infringement.
Manash Lifestyle Private Limited & Anr. v.Flipkart Internet Private Limited & Ors
The Delhi High Court addressed multiple applications in a suit concerning trademark and copyright infringement related to the 'DERMDOC' brand. While granting several procedural exemptions to the plaintiffs, the court also issued significant interim relief. Specifically, it directed Scribd Inc. (Defendant No. 17) to immediately remove all documents associated with the infringing trademarks from its platform. Furthermore, Defendant No. 1 was ordered to disclose details of commissions earned through the alleged infringement period.
Christian Louboutin Sas & Anr. v.Krishna Alias Tinku & Anr.
In a significant ruling concerning trademark infringement, the Delhi High Court granted several procedural exemptions to Christian Louboutin Sas & Anr. while simultaneously granting urgent interim relief. The court exempted the plaintiffs from mandatory pre-institution mediation due to the urgency of the matter. Crucially, the court appointed a Local Commissioner and directed an inspection of the defendants' premises to investigate alleged infringement, setting the stage for further litigation.
Government Emarketplace v.Ankit Jain & Ors.
The Delhi High Court granted an urgent interim injunction in favor of Government Emarketplace (GeM), a non-profit public procurement platform. The court directed domain registrar Godaddy.com to suspend specific infringing domain names and required social media intermediary Amazon to remove links hosting unauthorized webpages. This decisive order protects the GeM trademark against online infringement, setting a strong precedent for digital rights enforcement in India.
M/S Vibhava Marketing Corporation v.Goramal Hari Ram Limited
The Delhi High Court modified a previous order that had dismissed the petitioner's applications for filing additional documents. After arguments, both parties reached a consent agreement allowing M/S Vibhava Marketing Corporation to amend its Written Statement to include details of two preceding trademark registrations ('MONKEY 555 WONDER WASH' and 'MONKEY 555 THUNDER WASH'). This amendment allows the petitioner to argue that their prior rights should dismiss the plaintiff's infringement claim, subject to payment of costs.
M/S Tej Ram Dharam Paul v.Sunder Lal Goyal & Anr.
The Delhi High Court accepted a compromise reached between the Plaintiff and Defendant No. 1 in their suit concerning intellectual property rights. The settlement mandates that Defendant No. 1 must suffer a decree of permanent injunction and undertake to withdraw specific trademark applications. The court formally decreed the suit based on these terms, effectively resolving the dispute through mutual agreement.
Bennett Coleman And Company Limited (Sr) v.Sony Ericsson Mobile Communications Ab and Anr.
The Calcutta High Court allowed an application for rectification, expunging a trademark registration held by Sony Ericsson Mobile Communications AB. The petitioner, Bennett Coleman And Company Limited, successfully argued that the registered mark had never been genuinely used since its inception in 2007. Relying on Section 47 of the Trademarks Act, 1999, the court found that the continued presence of the unused mark constituted a wrongful and erroneous entry, thereby favoring the petitioner's claim to prior rights.
SNV Aviation Private Limited v.Alaska Aviation Academy Private Limited and Others
SNV Aviation Private Limited successfully secured critical interim relief against defendants accused of impersonating the company to run fraudulent job scams. The Delhi High Court granted permanent injunctions and directed immediate action against digital assets, including suspending infringing domain names like akasaairltd.com. Furthermore, the court mandated financial institutions and telecom providers to disclose KYC details and block bank accounts and UPI IDs linked to the perpetrators, providing robust protection against trademark misuse and fraud.
Incyte Holdings Corporation v.Sun Pharmaceutical Industries Limited
The plaintiffs filed a quia timet action alleging infringement of their patent (IN'841) covering the drug 'Ruxolitinib', marketed as JAKAVI®. The defendants denied commercialization and requested protection under Section 107A. Both parties agreed to settle, with the defendant undertaking not to commercially exploit the compound during the patent's validity.
Incyte Holdings Corporation v.Torrent Pharmaceuticals Limited
Incyte Holdings Corporation filed a quia timet action alleging that Torrent Pharmaceuticals Limited was about to infringe its Indian Patent No. 269841, which covers the compound Ruxolitinib (marketed as JAKAVI®). The parties reached an agreement where the defendant committed not to commercially manufacture or deal in products containing Ruxolitinib during the patent's validity, while retaining rights for research purposes.
Versuni Holding Bv Trading As Preethi v.Maya Appliances Private Limited
This Madras High Court judgment addresses the maintainability of a patent revocation application filed by Versuni Holding Bv Trading As Preethi against Maya Appliances Private Limited. The core issue was whether the petitioner could file this separate revocation petition when they had already contested the validity of Indian Patent No. 351954 as a counter-claim in an infringement suit before the Delhi High Court. The court held that once a defense is exercised in one forum, it cannot be re-agitated in another.
ITC Limited v.Philip Morris Products S.A.
ITC Limited appealed a matter concerning an impugned patent. The respondent (patentee) submitted that the patent, granted in 2019, was due for renewal but the patentee had resolved not to seek renewal and would not exercise its right to revive it. Both parties agreed to this submission.
Xx And Ors v.Yy
The suit was filed seeking permanent injunction restraining the defendant (Exemed Pharmaceuticals) from infringing the Indian Patent No. 269841, which covers the compound 'Ruxolitinib'. The court granted an interim injunction and passed various procedural orders related to the case.
Sapat International Pvt Ltd v.Niravi Consumer Llp And Ors.
This interim application addressed allegations of contempt against the defendants for allegedly violating a prior court order. The plaintiff claimed that despite undertaking not to use the 'Sapat' mark in advertising packaged tea, the respondents continued to use 'Sapat Tea' on cash receipts and invoices. The court found prima facie evidence suggesting the violation, noting that the use of 'Sapat Tea' on sales documents amounted to advertisement. Consequently, the matter was listed for further consideration to determine compliance with the solemn undertaking.