India IP Litigation
7,167 annotated decisions
Page 80 of 299 · 7,167 total
Punam Flutes v.Mahesh Chand Gupta And Anr
The Delhi High Court allowed Punam Flutes' petition seeking the cancellation of a conflicting trademark registration ('PUNAM'). The court found that the impugned mark was deceptively similar to the Petitioner's prior and well-established mark, 'PUNAM FLUTES,' used for musical instruments. Given the strong potential for consumer confusion and the Petitioner's established market reputation, the Court ruled that the Respondent's registration could not sustain under Section 11(1)(b) of the Trademarks Act.
The Polo/Lauren Company L.P v.M/s Royal Classic Mills Private Limited
The Madras High Court addressed a petition filed by The Polo/Lauren Company L.P seeking to remove an alleged infringing trademark, 'CLUB LINE BY CLASSIC POLO,' registered under No. 1236106 in Class 25. However, the court noted that the first respondent (M/s Royal Classic Mills Private Limited) had already filed a formal application (TM-P dated 22.04.2024) to cancel this specific trademark registration. Consequently, the High Court closed the petition, confirming that the objective of the petitioner was achieved through the action taken by the respondent.
Mayfair Lighting Llp v.The Registrar Of Trade Marks & Anr.
The Delhi High Court allowed the appeal filed by Mayfair Lighting Llp, overturning an earlier decision that had deemed their trademark opposition abandoned. The court found that the original timeline for filing evidence was flawed due to issues with service of the counter-statement by the Registrar of Trade Marks. Consequently, the registration of the mark 'LONDON MAY FAIR' in favor of Respondent No. 2 was cancelled, and the opposition proceedings were restored.
Cosmetic Warriors Limited v.Apex Laboratories Pvt. Ltd
The Madras High Court allowed the rectification petition filed by Cosmetic Warriors Limited against Apex Laboratories Pvt. Ltd regarding the trademark 'BIOMIC SCIENCE'. The court accepted the argument that despite registering the mark in 2012, the first respondent had failed to put it to substantial use in commerce. Consequently, the registration entry was rectified and removed.
Baskar v.G. Raghu Babu
The plaintiff, who holds a registered industrial design for a 'Forklift Vehicle,' sought an injunction against the respondent, alleging imitation and infringement. The respondents contended that the design was not unique, as it involved attaching a forklift to a conventional tractor already used in agriculture, and their activities were merely assisting farmers. The High Court set aside the ad-interim injunction.
Tipping Mr Pink Private Limited v.M/S Savera Eats
The Delhi High Court granted an interim order in favor of Tipping Mr Pink Private Limited against M/S Savera Eats. The Petitioner sought injunctions against the Respondent for continuing to use the registered 'BURGER SINGH' trademarks after a franchise agreement had been terminated. Given the alleged ongoing infringement and reputational damage, the court appointed a Local Commissioner to conduct a search and seizure of all infringing materials at the Respondent's premises.
Lt Foods Ltd & Anr. v.Ss Enterprises
The Delhi High Court granted an ex parte ad interim injunction in favor of Lt Foods Ltd & Anr. against Ss Enterprises regarding alleged trademark infringement and passing off related to rice products. The court found that the plaintiffs had made out a prima facie case, noting the defendant was distributing empty packaging filled with non-plaintiff's grains. This immediate relief prevents further damage while the main suit proceeds, underscoring the court's willingness to protect established brands against counterfeiting.
Mahyco Monsanto Biotech India Pvt. Ltd. v.The State Of Telangana, Represented By ...
Mahyco Monsanto Biotech filed an appeal against a single judge's order regarding the fixation of reasonable trait value/royalty for cotton seeds by the State of Telangana. The court heard arguments concerning potential prejudice to the petitioners if the impugned order was suspended. Ultimately, the court decided to suspend the challenged government order until the next hearing date.
Jk Lakshmi Cement Ltd. v.Kana Ram Kalirana & Anr.
The Gujarat High Court disposed of a rectification petition filed by Jk Lakshmi Cement Ltd. against Kana Ram Kalirana & Anr. The court noted that the parties had entered into a settlement in another suit, wherein Respondent No. 1 undertook to abandon the impugned trademark registration. Consequently, the court directed the Trade Marks Registry to expedite the processing of the withdrawal application filed by the respondent, effectively allowing the matter to be resolved through administrative action.
V.K.R.Venkatesan Trading as V.K.R. Prakash Modern Rice Mill v.M.Selvanambi Trading as Sri Venkateswara Modern Rice Mills
V.K.R. Venkatesan filed a civil suit against M. Selvanambi, alleging infringement of his 'SIVAJI BRAND' trademark and copyright violation concerning rice packaging. The original prayer sought permanent injunctions, damages, and accounting of profits due to the defendant's use of similar marks and labels. However, on April 16, 2024, the court noted that the plaintiff's counsel had requested withdrawal of the suit, leading to its dismissal.
Regency Plywood Industries Pvt. Ltd v.Chowdhury Enterprise And Ors
The plaintiff filed a suit seeking relief concerning its registered mark "METRO" against the respondents. The court addressed procedural matters, granting the plaintiff leave to add prayers and confirming jurisdiction under specific legal provisions.
Alcon Inc v.Controller Of Patents And Designs
Alcon Inc filed an appeal before the Delhi High Court challenging the Assistant Controller's decision to refuse the grant of its Indian Patent Application No. 201914027377. The court issued notice and directed both parties to file written submissions, setting a date for re-notification.
Oxular Limited v.The Assistant Controller of Patents and Designs
Oxular Limited appealed against the Assistant Controller's refusal to grant an Indian Patent Application (No. 201817034819). The appellant argued that the invention disclosed a substantial technical advancement and economic significance, fulfilling the necessary criteria.
Medilabo Rfp Inc v.The Controller Of Patents
Medilabo Rfp Inc filed an appeal challenging the Assistant Controller's refusal of its patent application (no. 202117034705) under Section 3(i) of the Patents Act, 1970. The court first condoned a delay of 12 days in filing the appeal and subsequently issued notice to the respondent for submission.
Immunovative Therapies, Ltd v.The Controller Of Patents
Immunovative Therapies, Ltd filed an appeal against objections raised by The Controller of Patents. The respondent completed submissions on Sections 10(4) and 3(i) of the Patents Act, 1970, requesting a hearing regarding objections under Sections 2(1)(ja) and 3(d).
Microsoft Technology Licensing, Llc v.Assistant Controller Of Patents And Designs
Microsoft Technology Licensing, LLC appealed a refusal by the Assistant Controller of Patents to grant a patent titled 'Reversible 2-Dimensional Pre-/Post-Filtering for Lapped Biorthogonal Transform'. The refusal was based on Section 3(k) of the Patents Act, 1970. The High Court ultimately held that the invention provided tangible benefits beyond ordinary computing functionality and was therefore patentable.
V.Lakshminarayanasamy & Suguna Lakshminarayanasamy v.Siva Bhaskaren & The Deputy Registrar, Trademark Registry, Chennai
The Madras High Court dismissed a petition seeking the removal or cancellation of Trademark Registration No. 1191299, which was registered in Siva Bhaskaren's name for goods like pressure cookers and fans. The court noted that the trademark's validity expired on April 10, 2023, as no renewal request had been filed within the ten-year period. Consequently, the petition seeking rectification became infructuous, leading to its closure.
V.K.R. Venkatesan v.S.Athiappan
V.K.R. Venkatesan filed a civil suit against S.Athiappan, Proprietor of Chitra Enterprises, alleging infringement of his registered trademarks ('SIVAJI' and 'V.K.R. SIVAJI BRAND') and copyright over artistic works. The plaintiff sought perpetual injunctions to stop the use of deceptively similar marks like 'SIVAJI GOLD'. However, before the court could rule on the merits of the infringement claims, the plaintiff chose to withdraw the suit.
Galatea Ltd. v.The Controller of Patents
Galatea Ltd. appealed a rejection by the Indian Patent Office regarding its national phase application for 'A method for evaluation of a gemstone'. The appeal addressed objections concerning lack of inventive step, insufficient disclosure, and ambiguity in claim language. The Madras High Court ultimately set aside the impugned order, allowing the patent to proceed subject to specific amendments and deletions.
Galatea Ltd. v.The Controller of Patents
Galatea Ltd. appealed a rejection by the Indian Patent Office regarding its national phase application for 'A method for evaluation of a gemstone'. The rejection was based on lack of inventive step and insufficient disclosure, despite multiple pre-grant oppositions citing prior art. The Madras High Court set aside the impugned order, directing that the patent proceed to grant after specific amendments were made to address clarity issues.
Taco Bell Corp. v.Tamoghna Foods & Enterprises
The Delhi High Court allowed Taco Bell Corp. to withdraw its rectification petition against Tamoghna Foods & Enterprises' trademark registration, provided the latter adheres to a binding undertaking. Tamoghna had previously initiated opposition proceedings against Taco Bell’s 'TACO SUPREME' mark despite limitations on their own registered device mark. The court accepted Tamoghna's commitment to cease all oppositions and cancellations related to 'TACO SUPREME', allowing the petition to be disposed of while preserving rights for future action in case of breach.
Paulsons Beauty And Fashion Private Limited v.Jona'S Cafe
The Madras High Court ruled in favor of Paulsons Beauty And Fashion Private Limited, finding that Jona'S Cafe was infringing upon its registered trademark 'JONAH'S' and engaging in passing off. The court determined that the defendant's use of 'JONA'S,' despite a minor alteration, was deceptively similar to the plaintiff's well-known mark, especially given their proximity and identical business sector (food chain). Consequently, the court granted permanent injunctions and directed the defendant to pay damages based on profits earned.
Jabir Hussain Trading As M/S Hakeem Hotel v.Ali Asgar Trading As M/S. Hakeem Restaurant
The Delhi High Court allowed an appeal filed by Jabir Hussain (M/S Hakeem Hotel) against a Commercial Court's decision to return its trademark infringement plaint. The appellant sought permanent injunction against the respondent for infringing and passing off their registered trademarks in North West Delhi. The High Court ruled that since the plaintiff pleaded both existing operations via e-commerce platforms within Delhi's jurisdiction, and an imminent threat of physical expansion into Delhi, a valid cause of action existed within the territorial limits. Consequently, the Commercial Court's order returning the plaint was set aside, and the suit was restored.
Meenu (Trading As M/S Albro Industries) v.The Registrar Of Trade Marks & Anr.
The Delhi High Court addressed procedural applications filed by Meenu (M/S Albro Industries) in an appeal challenging the Registrar of Trade Marks' order. The court condoned a 11-day delay in filing the Memorandum of Appeal and allowed the appellant exemption from submitting original documents. The core dispute, concerning whether a counter statement was properly served during opposition proceedings for the 'AIRODO' trademark, has been listed before the Joint Registrar to complete service, setting the stage for further litigation.