India IP Litigation
7,167 annotated decisions
Page 81 of 299 · 7,167 total
Electronica India Ltd. v.Electronica Hitech Machines Pvt. Ltd.
The Bombay High Court ruled in favor of Electronica India Ltd., setting aside the Registrar of Trade Marks' communications that allowed a subsequent proprietor (Electronica Hitech Machines Pvt. Ltd.) to record ownership via Form TM-24. The court found significant procedural flaws, including the lack of a speaking order and discrepancies in official records. Consequently, the matter was remanded back to the Registry for fresh consideration, ensuring the Petitioner is given a full opportunity to be heard before any decision is made.
Soremartec S.A v.M/s.Cavinkare Private Limited
The Madras High Court closed rectification petitions filed by Soremartec S.A against M/s.Cavinkare Private Limited after both parties executed a comprehensive Memorandum of Compromise. The settlement allows Cavinkare to continue using the disputed marks ('MOMENTS') but strictly limits their application to specific, non-conflicting goods (e.g., coffee and tea). Crucially, Cavinkare agrees not to use these marks for confectionery or chocolate products, thereby protecting Soremartec's superior rights in 'FERRERO MOMENTS'.
Saint Gobain Glass France v.Assistant Controller Of Patents And Designs & Anr.
Saint Gobain Glass France appealed against the refusal of its Indian Patent Application No. 201717045317 by the Assistant Controller of Patents. The appellant argued that the refusal erroneously applied the test of inventive step, failing to recognize the technical advancement and substantial differences in the claimed invention compared to prior art.
Ashok Leyland Limited v.The Controller of Patents & Designs
Ashok Leyland Limited appealed against an order dismissing its writ petition, which challenged the post-grant opposition proceedings against its patent IN387429. The dispute centered on whether the original Opposition Board had adequately considered expert evidence before submitting its recommendation to revoke the patent.
Bhimavaram Community Network Bcn v.M/S Super Cassettes Industries Pvt. Ltd.
The petitioner challenged the dismissal of its application under Order VII Rule 11 CPC in a commercial suit filed by the respondent. The core dispute involved allegations that the petitioner was infringing the respondent's copyright by removing/overshadowing the 'T-Series' Logo while broadcasting content. The court ultimately dismissed the petition, finding no patent perversity in the Trial Court's decision.
Eicher Motors Limited v.Www.Royalenfielddealerships.In & Ors.
The Delhi High Court extended the existing ad interim injunction granted in favor of Eicher Motors Limited against various parties involved in trademark infringement. The court found that new imposter domain names were being used to deceive customers, collecting money under the guise of fake dealerships using the 'Royal Enfield' mark. Consequently, the court issued sweeping directions requiring Domain Name Registrars and financial institutions to lock and suspend the infringing domains and accounts.
Mallcom (India) Limited v.Shanti Udyog Weldsafe Private Limited & Ors.
The Delhi High Court granted an interim injunction in favor of Mallcom (India) Limited, protecting its registered trademark 'TIGER' used for safety shoes. The court found that the defendant's mark was deceptively similar and violated both statutory and common law rights. While restraining further use, the defendants were allowed a grace period to deplete their existing stock and were ordered to take down the infringing website.
Fmi Limited v.Fakhruddin Saifuddin Bharmal
The Delhi High Court ruled in favor of Fmi Limited, granting a permanent injunction against Fakhruddin Saifuddin Bharmal for using the deceptively similar trademark 'FREEMANS PROFESSIONAL' on protective hand gloves. Despite the defendant arguing that he was merely a reseller and not the manufacturer, the court found his admission of dealing in the infringing goods sufficient to uphold the infringement claim. The judgment underscores that even resellers can be held liable if they use marks confusingly similar to an established trademark.
Berger Paints India Ltd. v.JSW Paints Pvt. Ltd.
The Calcutta High Court addressed an appeal concerning the use of the word 'silk' in relation to paint products. While acknowledging that 'silk' can be used descriptively to denote a specific product finish, the court cautioned against its misuse as a trademark that could lead to consumer confusion (passing off). The court allowed JSW Paints Pvt. Ltd. to continue using 'silk' on their product tumblers, provided they strictly limit its use only to products with a silk finish and clearly state this description in advertisements. The core proprietary rights of Berger Paints India Ltd. over the term remain undecided pending trial.
Novartis Ag v.Natco Pharma Limited
Novartis AG filed a suit against Natco Pharma Limited seeking permanent injunction against the exploitation of its patent (IN 276026) covering Ceritinib. The dispute centered on whether the patent was invalid due to prior art and obviousness, which Natco argued. The court dismissed Natco's application to vacate the existing interim injunction.
Gunjan Sinha @ Kanishk Sinha v.The Union Of India And Another
The petitioner filed a writ petition challenging the validity (vires) of Section 53 of the Patents Act, 1970. The petitioner argues that this section is contrary to Section 11A(7) because it restricts patent subsistence based on the date of application rather than the date of publication. The court addressed preliminary objections regarding jurisdiction and res judicata before adjourning the matter for arguments on merits.
Honasa Consumer Limited v.Registrar Of Trade Marks
The Delhi High Court allowed Honasa Consumer Limited's appeal against the refusal to register its trademark 'THE DERMA CO'. The initial rejection was based on similarity and likelihood of confusion with an earlier cited mark. However, by providing a disclaimer that they only claim rights over the composite mark and not the word 'DERMA', the court accepted the application. This decision highlights how strategic disclaimers can overcome objections in trademark registration proceedings.
Adret Retail Private Limited v.Abhinandan Industries & Ors.
The Delhi High Court issued a detailed order in the ongoing suit concerning alleged trademark infringement and passing off by defendants using the 'KAPIVA' family of marks. The court granted an interim injunction application (I.A. 8103/2024) by directing the execution of local commissioners' commissions at the defendants' premises. This action is crucial for the plaintiff, Adret Retail Private Limited, to gather evidence regarding the alleged counterfeit products and unauthorized use of their registered trademarks in the market.
Mankind Pharma Limited v.Solitaire Pharmacia And Anr
The Delhi High Court issued an order in the trademark dispute between Mankind Pharma Limited and Solitaire Pharmacia And Anr. The court directed the Respondent to file additional documents demonstrating that the Petitioner was simultaneously seeking rectification of the impugned trademark 'CUREKIND' before the Trademark Registry. Furthermore, the hearing was adjourned to September 2nd, 2024, allowing both parties time to submit composite briefs.
Frhi Hotels & Resorts S.A R.L. v.Vishwaratna Hotel Pvt Ltd
The Delhi High Court granted an ex parte ad interim injunction in favor of Frhi Hotels & Resorts S.A R.L. against Vishwaratna Hotel Pvt Ltd. The court found that the plaintiff, owner of the well-known trademark 'FAIRMONT', had made out a prima facie case for infringement. This order specifically restrains the defendant from using 'FAIRMONT' or any deceptively similar mark in connection with their hotel properties, including the disputed 'OCTAVE FAIRMONT SUITES'. The ruling underscores the immediate protection available to brand owners against unauthorized use of their trademarks.
Mittal Electronic Industries v.The Registrar Of Trade Marks
Mittal Electronic Industries filed a petition challenging the current registration status of the trademark 'MILTON' (No. 419520). The petitioner contends that despite their historical association with the mark, the proprietorship is now incorrectly listed under an unrelated entity, 'Indian Agencies.' The Delhi High Court issued notice to the Registrar of Trade Marks, prompting a formal inquiry into the ownership and registration details of the trademark.
Mohd Shakir v.Gopal Traders And Anr
Mohd Shakir filed a petition seeking rectification of an artistic work titled 'MYA', which was registered under the Copyright Act, 1957. The petitioner claimed that the impugned registration belonging to Gopal Traders copied an earlier artwork owned by a third party in Lebanon and had prior international trademark registrations for 'MYA'. However, the court dismissed the petition, noting that copyright registration is only prima facie evidence of particulars entered therein. Furthermore, the court highlighted the petitioner's own conflicting assertions regarding ownership in previous opposition proceedings, ultimately upholding the validity of the existing registration.
Astra Zeneca Ab v.Natco Pharma Limited
The case involves a dispute regarding the validity of Indian Patent No. 235625, which was held to be prima facie invalid by co-ordinate benches of the court.
Sonani Industries Pvt Ltd v.Prime Diamond Tech & Ors.
Sonani Industries Pvt Ltd challenged a trial court order that allowed its former employees, who formed Prime Diamond Tech, to continue their business activities despite allegations of copyright infringement. The appellant claimed that the respondents were using proprietary drawings and confidential information related to High Pressure High Temperature (HPHT) machines for diamond coloring. However, the Gujarat High Court dismissed the appeal, holding that the claim of a proprietary right is purely a question of fact requiring expert evidence during trial, and thus, no prima facie case warranted an injunction.
Helsinn Healthcare Sa v.Zydus Healthcare Limited
The court addressed arguments concerning the maintainability of a writ petition related to the deletion of an amendment in five patent claims. The court noted similar pending decisions on this issue and allowed the interlocutory application (I.A.) to proceed, considering the counter claim filed by the defendant.
Frhi Hotels & Resorts S.A R.L. v.Abdul Rehman & Ors.
The Delhi High Court addressed an injunction application in a trademark infringement suit brought by Frhi Hotels & Resorts S.A R.L. The court accepted the Plaintiff's claim regarding the established goodwill associated with 'FAIRMONT' and 'THE FAIRMONT'. Crucially, Defendant No. 1 agreed to cease using the infringing device mark and domain name 'www.fairmontin.in', leading the Court to grant a temporary injunction and a four-week period for implementation of the changes. The court also extended these directions to Defendants No. 2 and 3.
Castrol Limited v.Vikas Mishra
The Delhi High Court granted an interim injunction in favor of Castrol Limited against Vikas Mishra regarding alleged trademark and trade dress infringement. The court found a prima facie case based on the similarity between Castrol's established global brand and the defendant's use of marks like 'ACTIVE', 'ACFIVE', and 'POWER'. This initial order restrains the defendant from using confusingly similar branding while mandating the disclosure of sales accounts, setting the stage for further litigation.
Kaira District Cooperative Milk Producers Union Ltd & Anr. v.D N Bahri Trading As The Veldon Chemical And Food Product And Anr.
The Delhi High Court allowed a rectification petition filed by Kaira District Cooperative Milk Producers Union Ltd against D N Bahri Trading As The Veldon Chemical, ordering the removal of the respondent's registered mark under Class 32. The petitioner successfully argued that the impugned trademark was either not used continuously for the required period or constituted an infringement/passing off risk given the established reputation and extensive use of the 'AMUL' brand. This judgment reinforces the protection afforded to well-known marks against unauthorized registrations.
Galatea Ltd v.Diyora And Bhanderi Corporation
Galatea Ltd filed a suit alleging infringement of its Patent No. 271425 against Diyora And Bhanderi Corporation. Concurrently, the defendants filed a counter claim seeking the revocation of this patent. The Gujarat High Court examined both the infringement claims and the validity challenges raised by the defendants. Ultimately, the court found that the plaintiffs failed to prove infringement, and consequently, rejected the counter claim for revocation, affirming the novelty and inventive step of the suit patent.