India IP Litigation
7,068 annotated decisions
Page 80 of 295 · 7,068 total
Anil Kumar Gera Trading As Alka Food Industries v.Mr Ramesh Chander Trading As Anil Food Industries
This Delhi High Court order addresses a petition seeking the cancellation of two impugned copyright registrations related to a confectionary tablet label. The Petitioner argued that the Respondent failed to comply with mandatory notice requirements under the Copyright Rules, 2013. Conversely, the Respondent contended that the Petitioner was not an 'aggrieved person' and cited prior rejection orders as res judicata. The Court deferred final adjudication, requiring both parties to clarify the pending issues in the underlying suits.
M/S Nowfloats Technologies Limited v.The Registrar Of Trade Marks
The Delhi High Court ruled in favor of M/S Nowfloats Technologies Limited, allowing them to renew their trademark registration despite missing the statutory renewal deadline. The court found that the notice sent by the Registrar's office was never properly received by the petitioner due to incorrect addressing and procedural errors. This decision underscores the importance of proving proper service of official communications in IP matters.
Kubota Corporation v.Kaira Agros & Ors.
The Delhi High Court granted urgent interim relief to Kubota Corporation in its suit against Kaira Agros. Recognizing the threat posed by counterfeit products, the court allowed an ex-parte appointment of a Local Commissioner. This commissioner is directed to search premises and seize packaging, stickers, and promotional material bearing infringing marks, while also documenting non-infringing machinery. The order paves the way for the formal registration of the suit.
GS1 India v.Deepak Traders & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of GS1 India against Deepak Traders & Ors. The dispute centers on the exclusive licensing and allocation of specific 13-digit GTIN barcodes (starting with '890') within India. The court found a prima facie case, noting that defendants were allegedly contravening the Terms of Use by allocating these unique identifiers to unauthorized entities, thereby disrupting the global GS1 identification system.
Mastery Logistics Systems, Inc. v.The Senior Examiner of Trade Marks, Mumbai
The Bombay High Court addressed a petition seeking to quash an earlier trademark registration granted by the Senior Examiner. The Petitioner argued that their submissions regarding opposition were ignored in the original decision. Recognizing the need for a thorough review, the court set aside the impugned order and remanded the matter back to the Trademark Authority for fresh consideration, ensuring both parties' contentions are taken into account.
Maya Appliances Private Limited v.Vibrant Concepts And Designs
Maya Appliances Private Limited filed suits alleging that Vibrant Concepts And Designs infringed upon its intellectual property rights, specifically concerning its patented technology and registered designs for frameless gas cooktops. The plaintiff claimed their products were world's first and featured unique design elements and a patentable internal piping system providing visual leak feedback. While the court acknowledged the claims of infringement, it dismissed the interim injunction applications, directing both parties to proceed to trial.
Google Llc v.The Controller Of Patents
Google LLC appealed a refusal order issued by the Controller of Patents regarding its patent application 'Managing Instant Messaging Sessions on Multiple Devices'. The refusal was based on objections concerning lack of novelty, inventive step, and non-patentability under Section 3(k). Google argued that its amended claims introduced differentiating features over the cited prior art.
Archian Foods Private Limited v.Shri Balaji Beverages & Ors.
Archian Foods Private Limited successfully secured an ex-parte interim injunction from the Delhi High Court against Shri Balaji Beverages & Ors. The court granted permission for a Local Commissioner to be appointed, enabling the seizure and confiscation of alleged counterfeit products bearing the 'LAHORI ZEERA' brand. This decisive order allows the plaintiff to take immediate action against infringement across multiple IP rights, including trademark, trade dress, copyright, and design.
Retail Royalty Company And Anr v.Rohit Madan, Trading As Sita Outdoor Media
The Delhi High Court allowed an application filed by the Plaintiff, Retail Royalty Company And Anr, to amend a previous court order. The amendment corrected an error apparent on the face of the record concerning the specific description of the 'Flying Eagle Device' trademark. This procedural step ensures that the legal proceedings accurately reflect the intellectual property rights being asserted.
M/S. P.M. Diesels P. Ltd. v.M/S. Thukral Mechanical Works & Ors.
The Delhi High Court delivered a multi-faceted judgment addressing several IP disputes involving the 'FIELDMARSHAL' trademark. In one suit, the court decreed P.M. Diesels Pvt. Ltd.'s claim against Thukral Mechanical Works, while simultaneously ordering the cancellation of an older registration held by Thukral Mechanical Works in Class 7. Furthermore, the High Court set aside previous rejection orders for P.M. Diesels' trademark applications, allowing them to proceed toward registration.
M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.
In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.
Mayo Foundation For Medical Education and Research v.Assistant Controller Of Patents And Designs
The appeal concerns the patentability of a method for detecting autoantibodies in biological samples. The respondent argued that the method was ineligible under Section 3(i) because it described a diagnostic process. The petitioner countered, but the respondent raised a legal challenge based on a Madras High Court judgment, arguing that the previous finding (that in vitro methods were acceptable) was incorrect.
Boehringer Ingelheim International GmbH v.Nexkem Biotech Pvt. Ltd.
Boehringer Ingelheim filed a suit seeking permanent injunction against Nexkem Biotech for infringing its patent related to Empagliflozin. The defendants challenged the maintainability of the suit by arguing that pre-institution mediation under Section 12-A of the Commercial Courts Act was not exhausted, as there was no urgency. The court dismissed this objection, finding that the suit did contemplate urgent interim relief and noting the defendants' admission of infringement.
Apl Apollo Tubes Limited v.M/S Steel Track & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Apl Apollo Tubes Limited against M/S Steel Track & Ors. regarding trademark infringement and passing off. The court found that the Defendants' use of 'APOLLO/APOLLO TMT' was deceptively similar to the Plaintiff's established marks, risking irreparable harm to their brand equity. While acknowledging the Plaintiff's delay in filing the suit, the Court issued a comprehensive restraint order covering all marketing and sales activities, though it exempted goods already manufactured by the Defendants.
north side brewers private ltd v.the registrar of trade marks
North Side Brewers Private Ltd appealed a decision of the Registrar of Trade Marks. The appellant sought condonation of delay in filing the appeal, prompting consideration of relevant case law regarding the Registrar's discretionary powers and precedents concerning trademark delays.
Jaypee Brothers Medical Publisher Pvt Ltd v.Rama Krishna Books
The Delhi High Court granted an ex parte ad interim injunction in favor of Jaypee Brothers Medical Publisher Pvt Ltd against Rama Krishna Books. The publisher alleged that the defendant was selling substandard, infringing copies of their medical textbooks while also misusing their registered trademarks. The court found a prima facie case for infringement and ruled that granting the injunction was necessary to prevent irreparable harm to the plaintiff's business interests in the specialized medical publishing market.
M/s. Kaleesuwari Refinery Private Ltd. v.M/s.Ganesh Oil Mills
M/s. Kaleesuwari Refinery Private Ltd filed a suit against M/s. Ganesh Oil Mills alleging trademark infringement, passing off, and copyright violation related to the edible oil market. The plaintiff claimed that the defendant was using the deceptively similar mark 'SATHYAM GOLD' on products mimicking the plaintiff's registered brand 'Gold Winner'. Both parties ultimately agreed to settle the dispute through a Joint Memorandum of Compromise, leading the court to decree the suit.
M/s. Kaleesuwari Refinery Private Ltd. v.M/s.Ganesh Oil Mills
M/s. Kaleesuwari Refinery Private Ltd filed a suit against M/s. Ganesh Oil Mills alleging infringement of its registered Trade Mark 'Gold Winner' and copyright violation related to the packaging of edible oil. The plaintiff sought permanent injunctions, directions for destruction of infringing materials, and an accounting of profits. Ultimately, both parties reached a mutual agreement and settled the dispute through a Joint Memorandum of Compromise (JMC).
Hindustan Unilever Limited v.Ishfaq Chemical Industries & Anr.
Hindustan Unilever Limited filed a suit against Ishfaq Chemical Industries for infringement of its trademarks and copyrights, including passing off. The parties reached a settlement agreement on March 28, 2024.
Telefonktiebolaget Lm Ericsson(Publ) v.Lava International Ltd
This Delhi High Court judgment addresses a complex dispute concerning Standard Essential Patents (SEPs) held by Ericsson against Lava International. The court examined the validity, novelty, and inventive step of several patents, while simultaneously determining the scope of infringement and the quantum of damages owed. Ultimately, the judgment affirmed the validity of seven specific patents while directing the revocation process for another patent, alongside awarding substantial damages to Ericsson.
Genentech, Inc. v.Controller of Patents and Designs
Genentech appealed the rejection of its patent application for a medicinal compound, 'Inhibitors of IAP', by the Controller. The Controller rejected the claims citing lack of novelty and inventive step under various sections of the Patents Act. The High Court allowed the appeal, finding the Controller's objections farfetched.
Telefonktiebolaget Lm Ericsson (Pub) v.Lava International Limited
This Delhi High Court judgment addresses a complex dispute over Standard Essential Patents (SEPs) between Telefonktiebolaget LM Ericsson and Lava International Limited. The court examined the validity, novelty, and inventive step of several patents asserted by Ericsson against Lava. While the suit patent IN 203034 was subject to revocation proceedings, the judgment ultimately affirmed the validity of seven other key patents held by Ericsson. Consequently, the Court passed a decree in favor of Ericsson for substantial damages related to past infringement.
Hindustan Unilever Limited v.Fabs Industries
Hindustan Unilever Limited filed a suit against Fabs Industries for infringement of its trademarks ('SURF/SURF EXCEL', Splat logo) and copyrighted trade dress. The parties reached a settlement, which was formalized through Consent Minutes of Order.
Ollos Biotech Private Limited v.Omega Ecotech Products India Limited
Ollos Biotech Private Limited filed an Original Petition to revoke Patent No.411774 granted to Omega Ecotech Products India Limited. The petitioner contended that the invention lacked novelty, inventive step, and was patent ineligible under Sections 3(d) and (f) of the Patents Act, 1970. The court found that both the product claim and method claim lacked an inventive step or novelty based on prior art and non-patent literature.