India IP Litigation

7,456 annotated decisions

7,456
Decisions
6
IP Types
10
Courts

Page 82 of 311 · 7,456 total

patent mixed · Jul 10, 2024

Spread Home Products Pvt. Ltd v.Homescapes @ Kesri Transcontinental

Delhi High Court - Orders · 19287662

The Delhi High Court granted interim relief to Spread Home Products Pvt. Ltd in its suit against Homescapes @ Kesri Transcontinental regarding the alleged infringement of 'DOCTOR PILLOW'. The court allowed an ex-parte appointment of a Local Commissioner to conduct a search and seizure at the defendant's premises, aiming to gather evidence of counterfeit products. Furthermore, the court granted exemptions from pre-institution mediation and condoned a delay in filing the suit, paving the way for the main litigation.

patent No outcome · Jul 9, 2024

Immersion Corporation v.Xiaomi Technology India Private Limited

Delhi High Court - Orders · 49068686

The case involves a suit for permanent injunction restraining infringement of the plaintiff's patent titled 'Haptic Feedback System with Stored Effects', along with claims for damages and rendition of accounts. An amicable resolution was reached between the parties during the proceedings.

patent pending · Jul 9, 2024

Spv Laboratories Private Limited v.The Controller General Of Patents And Designs

Delhi High Court - Orders · 96119352

Spv Laboratories Private Limited filed an appeal challenging the order dated June 14, 2024, issued by the Assistant Controller. The refusal was based on non-compliance with requirements under Section 60(3) of the Patents Act, 1970, due to failure to pay the renewal fee within the statutory period.

patent plaintiff favorable · Jul 9, 2024

Vifor (International) Ag v.Assistant Controller Of Patents And Designs and Ors

Calcutta High Court · 101162923

Vifor (International) Ag filed an appeal against an order dated November 1, 2023, along with an application seeking condonation of a 32-day delay. The appellant argued the delay was due to technical difficulties in obtaining and stamping a Power of Attorney received from Switzerland. The court found that sufficient cause had been shown for the delay and allowed the application.

patent plaintiff favorable · Jul 9, 2024

Modi Paints And Varnish Works v.Sanjay Gupta And Anr.

Delhi High Court · 144110539

The Delhi High Court granted a petition for the rectification and removal of the 'MODI CRYL' trademark. The court found that the trademark, registered in the name of Sanjay Gupta, had lapsed as its renewal was due but never completed after May 21, 2018. Since the mark was no longer subsisting, the petitioner's request for its removal was satisfied.

patent mixed · Jul 9, 2024

M/S Shri Bajrang Power And Ispat Limited v.Mr. Mukesh Goyal and others

Chattisgarh High Court · 143556527

The Chhattisgarh High Court admitted an appeal challenging a lower court's rejection of an interim injunction application concerning trademark infringement and passing off. The appellant, M/S Shri Bajrang Power And Ispat Limited (owner of GOEL), argued that the respondents were deceptively using 'GOYAL GLOBAL' in the steel goods market to capitalize on its goodwill. While directing the Commercial Court to decide the main suit expeditiously, the High Court maintained an interim restraint order preventing the named respondents from using the disputed marks until the final judgment.

patent In favor of Plaintiff · Jul 8, 2024

Ttk Prestige Limited v.Butterfly Gandhimathi Appliances

Madras High Court · 131946657

The plaintiff filed a suit against the defendant for infringing on its design registration for the Svachh Deluxe Alpha pressure cooker. The defendant was set ex-parte after failing to respond adequately to the claims.

patent remanded · Jul 8, 2024

Bia Separations D.O.O. v.Assistant Controller of Patents and Designs, Government of India

Madras High Court · 69295157

Bia Separations D.O.O. appealed the rejection of its Patent Application No.185/CHENP/2009 for 'METHOD FOR INFLUENZA VIRUS PURIFICATION'. The appeal challenged the Controller's finding that the invention lacked inventive step under Section 2(1)(ja) of the Patents Act, 1970.

patent plaintiff favorable · Jul 8, 2024

Sapporo Medical University v.Assistant Controller of Patents and Designs, Government of India

Madras High Court · 188994670

Sapporo Medical University appealed the rejection of its Patent Application No.1899/CHENP/2010 by the Assistant Controller of Patents and Designs. The appellant argued that the rejection order was cryptic and failed to properly consider the prior art or the detailed explanations provided regarding inventive step. The High Court found the respondent's conclusion unsupported by material and allowed the appeal, remitting the matter for fresh consideration.

patent remanded · Jul 8, 2024

3M Innovative Properties Company v.The Assistant Controller of Patents and Designs, Government of India

Madras High Court · 193842781

The appellant challenged the rejection of its patent application (No. 20174704977) by the Controller, which cited Section 3(k) of the Patents Act, 1970, arguing that the invention was a computer program/implementable method. The High Court found that the Controller failed to narrow down the reasoning and deprived the appellant of a fair opportunity to respond to the specific objection (computer program vs. mathematical/statistical), leading to the matter being remanded for fresh consideration.

patent remanded · Jul 8, 2024

3M INNOVATIVE PROPERTIES COMPANY v.The Assistant Controller of Patents and Designs, Government of India

Madras High Court · 148795724

The appellant challenged the rejection of its patent application (No. 201747024977) by the Controller, which cited Section 3(k) of the Patents Act, 1970, claiming the invention was a non-technical computer program or mathematical method. The High Court found that the Controller failed to narrow down the reasoning and deprived the appellant of a fair opportunity to respond to the specific objection, leading to the matter being remanded for fresh consideration.

trademark mixed · Jul 8, 2024

Radha Kishan Agarwal & Anr. v.M/S Ignyt Electricals

Delhi High Court - Orders · 160317355

The Delhi High Court addressed an appeal filed by Radha Kishan Agarwal & Anr. challenging a Commercial Court order that had restricted their use of the trademark 'IGNYT' due to alleged infringement on M/S Ignyt Electricals' registered mark 'IGNYT'. The appellants argued they were merely distributors of genuine goods and sought permission to sell their existing stock. While the High Court noted procedural gaps in the lower court's decision, it deferred a final ruling on the stay application, listing the matter for further instructions from both parties.

patent plaintiff favorable · Jul 5, 2024

Aarogyaai Innovations Private Limited v.Ashok Kumar

Delhi District Court · 31863414

The plaintiff, AarogyaAI Innovations Private Limited, holds registered trademarks for 'AarogyaAI', a software that uses AI to analyze genomic data for diagnosing drug-resistant tuberculosis. The plaintiff filed suit alleging that Defendant No. 1 and Defendant No. 2 fraudulently purchased similar domain names (aarogyaai.com and aarogyaai.in), causing potential misrepresentation and trade mark infringement. The court found the defendants liable and decreed the suit.

patent defendant favorable · Jul 5, 2024

M/s.The Zero Brand Zone Pvt. Ltd. v.The Controller of Patents & Designs

Madras High Court · 147461851

The appellant challenged the rejection of their patent application for an eco-friendly lamp made from panchagavya and leaves. The appellant argued that the product was novel and not merely traditional knowledge, while the respondents contended that the invention fell under Section 3(p) as it related to traditional ingredients and was obvious based on prior art D1 to D3.

trademark plaintiff favorable · Jul 5, 2024

Zuventus Healthcare Limited v.Zaventis Health Care Private Limited

Delhi High Court - Orders · 25925035

The Delhi High Court granted an interim injunction in favor of Zuventus Healthcare Limited against Zaventis Health Care Private Limited. The court found that the defendant's mark, 'ZAVENTIS HEALTH CARE,' was visually, structurally, and phonetically similar to the plaintiff's registered trademark 'ZUVENTUS,' leading to a prima facie case of infringement and passing off. This order allows the suit to proceed while restraining the defendant from using any deceptively similar branding in relation to pharmaceutical products.

patent plaintiff favorable · Jul 4, 2024

ITW GSE APS v.Dabico Airport Solutions Pvt Ltd

Delhi High Court · 13832108

The plaintiffs, ITW GSE APS, filed a suit seeking permanent injunction against Dabico Airport Solutions Pvt Ltd for infringing their registered patent IN 330145. The patent relates to a Preconditioned Air Unit (PCA) with Variable Frequency Driving (VFD). The court found that the plaintiffs had made out a prima facie case and granted an interim injunction.

patent mixed · Jul 4, 2024

Saurav Chaudhary v.Union Of India & Anr.

Delhi High Court · 169597927

Saurav Chaudhary challenged the abandonment of his patent application, "Blind-Stitch Sewing Machine," which occurred because he failed to file a response to the First Examination Report (FER) within the stipulated time. The court found that the negligence and lack of communication from the appointed Patent Agent constituted professional misconduct. Consequently, while the petition was disposed of, the court directed the CGPDTM office to initiate an enquiry against the defaulting Patent Agent and mandated the creation of a formal Code of Conduct for IP agents.

patent pending · Jul 4, 2024

Phillip Morris Produts S A v.Assistant Controller Of Patents And Design

Delhi High Court - Orders · 9164060

Phillip Morris Produts S A has filed an appeal challenging the Assistant Controller's order refusing to grant a patent for its application (No. 201617028283). The refusal was based on the ground that the invention is not patentable under Section 3(b) of the Patents Act, specifically concerning E-cigarettes.

trademark plaintiff favorable · Jul 4, 2024

M/S Jay Plastic Company & Ors. v.M/S. Gurunanak Enterprises & Ors.

Delhi High Court - Orders · 75263863

The Delhi High Court issued a significant interim order in the trade dress and trademark infringement suit filed by M/S Jay Plastic Company against M/S. Gurunanak Enterprises. The court granted the plaintiffs' request for an immediate local commission, allowing a Local Commissioner to search the defendants' premises and seize goods bearing deceptively similar packaging and marks (SPARROW vs ARROW). This decisive step allows the plaintiffs to gather crucial evidence of infringement and unfair competition while the main suit proceeds.

trademark plaintiff favorable · Jul 4, 2024

Woodland (Aero Club) Pvt. Ltd v.M/S Triad Shoes

Delhi High Court - Orders · 120978012

The Delhi High Court granted several interim reliefs in favor of Woodland (Aero Club) Pvt. Ltd, which is pursuing a suit against M/S Triad Shoes for trademark infringement and passing off. The court allowed the plaintiff to proceed without mandatory pre-litigation mediation and exempted them from advance service requirements. Crucially, the court passed an urgent ex-parte ad-interim injunction, authorizing a Local Commissioner to conduct a search and seizure at the defendant's premises to gather evidence of alleged infringing goods.

patent plaintiff favorable · Jul 3, 2024

Universitat Ulm v.Assistant Controller of Patents and Designs, Government of India

Madras High Court · P31134433

Universitat Ulm appealed the rejection of its patent application (No. 645/CHENP/2011) concerning Opioids for Resistant Cancer Treatment. The appellant argued that the respondent's order was cryptic, failing to discuss prior arts or submitted evidence like a US patent grant. The High Court found merit in these arguments and allowed the appeal.

patent plaintiff favorable · Jul 3, 2024

Universitat Ulm v.Assistant Controller of Patents and Designs, Government of India

Madras High Court · 127190842

Universitat Ulm appealed the rejection of its patent application (No. 645/CHENP/2011) concerning Opioids for Resistant Cancer Treatment. The High Court found the original order cryptic, noting that it failed to discuss prior arts or address specific submissions made by the appellant regarding synergistic effects and foreign patents. Consequently, the appeal was allowed, and the matter was remanded for fresh scrutiny.

patent plaintiff favorable · Jul 3, 2024

Microsoft Technology Licensing LLC v.Assistant Controller of Patents

Madras High Court · 125847157

Microsoft Technology Licensing LLC appealed the rejection of its patent application (No. 5584/CHENP/2010). The rejection was based on lack of inventive step and exclusion as a computer program per se. The High Court allowed the appeal, finding that the invention possesses enhanced technical effect and meets the inventive step criteria.

patent settled · Jul 3, 2024

Bennet, Coleman & Company Limited v.Arvind Fashions Limited

Madras High Court · 151584170

The Madras High Court dismissed two rectification petitions filed by Bennet, Coleman & Company Limited against the trademark registration of 'NNNOW'. The dispute centered on removing specific descriptions of services from the impugned registration. Crucially, both parties reached a Joint Compromise Memo before the court. Consequently, the petitions were withdrawn, marking an amicable resolution to the intellectual property conflict.

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