India IP Litigation
7,068 annotated decisions
Page 82 of 295 · 7,068 total
Sun Pharma Laboratories Limited v.Narender Kumar & Ors.
The Delhi High Court upheld the existing interim injunction in favor of Sun Pharma Laboratories Limited against Narender Kumar & Ors. The dispute centered on alleged passing off, where the defendant used the mark 'CAFTADAY' for an eye drop containing the compound ALCAFTADINE, deceptively similar to the plaintiff's mark 'CAFTA'. Despite arguments from the defense regarding generic drug naming conventions and INNs, the Court found that the plaintiff had satisfied the triple test for passing off. Consequently, the injunction was maintained, preventing the defendants from using the impugned mark during the pendency of the suit.
Versuni Holding B.V. v.Deputy Controller of Patents and Designs
Versuni Holding B.V. challenged the Patent Controller's issuance of a pre-grant hearing notice, arguing that it had not been provided with copies of the written statements filed by the two opposers. The court found this procedural lapse and set aside the notice.
Versuni Holding B.V. v.Deputy Controller of Patents and Designs
Versuni Holding B.V. challenged the Patent Controller's hearing notice regarding its patent application, arguing that it was not provided with copies of the written statements filed by the two opponents. The court found that the procedure was flawed due to this omission.
L Oreal v.The Assistant Controller Of Patents And Designs
L Oreal appealed an order by the Assistant Controller of Patents which rejected its patent application (No. 4652/DELNP/2013) for a process using thiopyridinone compounds. The appellant argued that the rejection was arbitrary, lacked reasoning, and failed to consider expert reports or properly analyze prior art under the Patents Act, 1970.
Ceat Limited v.The Registrar Of Trade Marks
The Delhi High Court dismissed Ceat Limited's appeal challenging the rejection of its trademark application 'FARMAX'. The court found that the appellant failed to adequately explain a significant delay in filing the appeal, rendering the condonation plea specious. Furthermore, on the merits, the court held that 'FARMAX' was structurally and phonetically similar to existing marks ('FORMAX' and 'FARMOX') registered for related goods (vehicles/tractors), creating a strong likelihood of consumer confusion.
Puma Se v.Gajari Online Services Private Limited
The Delhi High Court granted a rectification petition filed by Puma Se against Gajari Online Services Private Limited, ordering the variation of the respondent's registered trademark (No. 3685326). The court accepted the petitioner's argument that the 'leaping lion' device within the impugned mark was deceptively similar to Puma's well-known 'leaping cat' device. Consequently, the court directed the deletion of the leaping lion element from the trademark while allowing the word 'GAJARI' to remain.
Mankind Pharma Limited v.Passiflora Pharmaceuticals
Mankind Pharma Limited filed a suit seeking permanent injunction against Passiflora Pharmaceuticals, alleging trademark infringement of its registered mark 'FLORA' in the pharmaceutical sector. The court addressed several interlocutory applications, including granting exemption from pre-institution mediation and setting timelines for filing replies to the injunction application (Order XXXIX Rule 1 & 2 CPC). The proceedings are moving forward with standard civil procedure steps, indicating an active dispute over brand reputation and market goodwill.
Qualcomm Incorporated v.The Controller General of Patents and Designs
Qualcomm appealed the Controller General's order rejecting its patent application for an invention related to pilot transmission in wireless communication systems. The rejection was based on objections regarding lack of hardware support (Section 3(k)) and lack of novelty/inventive step (Section 2(1)(j)).
Novozymes A/S v.Assistant Controller of Patents and Designs, The Patent Office
Novozymes A/S appealed against the rejection of its Patent Application No.650/CHENP/2009, which covered 'Enzyme Granules for Animal Feed'. The initial objections raised by the Assistant Controller included lack of inventive step and non-patent eligibility under Section 3(d).
M/S SUMOTEK INNOVATION PVT LTD v.Assam Power Distribution Co. Ltd
M/S Sumotek Innovation Pvt Ltd (Appellant No. 1) filed a suit seeking declaration of rights and permanent injunction against Assam Power Distribution Co. Ltd (Respondent No. 2) for using their patented technology (Patent No. 208216). The appeal challenged the Trial Court's rejection of the interim injunction application, which was based on lack of locus standi. The High Court dismissed the appeal, finding that while the appellant might have locus standi, they did not establish a prima facie case for an injunction due to the patent nearing its expiry.
Genomatica Inc. v.Controller of Patents and Designs, Government of India
Genomatica Inc. appealed the rejection of its patent application for 'Non-Natural Microbial Organisms with improved Energetic Efficiency'. The appeal challenged the Patent Controller's decision, arguing that the Controller failed to properly address objections related to amendments and fell back on earlier claims without due process.
Genomatica Inc. v.Controller of Patents and Designs, Government of India
Genomatica Inc. appealed the rejection of its patent application for 'Non-Natural Microbial Organisms with improved Energetic Efficiency'. The rejection was based on various objections including lack of novelty and insufficiency of disclosure. The High Court found that the Controller erred by falling back on earlier claims after the applicant had made amendments, without issuing a proper hearing notice regarding the new objection (Sec. 59).
Everest Food Products Private Limited v.Everest Beverages And Food Industries & Anr.
This appeal before the Delhi High Court challenges an earlier order that set aside an opposition filed by Everest Food Products against a Trademark Application. The appellant argued that crucial documents were misplaced or not supplied to them, hindering their ability to present a full case regarding prior use and rights. While the court did not rule on the merits of the trademark dispute, it granted an adjournment to allow further submissions and document exchange.
Abhishek Kumar Goyal v.M/S Diyaa Enterprises & Anr.
The Delhi High Court allowed an appeal filed by the appellant against a Hearing Officer's decision in a trademark opposition case concerning detergent products. The court found that the original officer erred by comparing the respondent's mark with only the appellant's word mark, ignoring the appellant's prior device mark which was on record and presented during hearings. Consequently, the High Court set aside the impugned order and remanded the matter back to the Registrar of Trade Marks for a fresh, de novo hearing.
Tiger Aspect Kids And Family Limited v.Mr.Bean Trampoline Park/Mr.Been Trampoline Park
Tiger Aspect Kids And Family Limited successfully obtained leave from the Bombay High Court to proceed with a commercial IP suit against Mr.Bean Trampoline Park. The petitioner, owner of the 'Mr.Bean' character and associated trademarks/copyrights, alleged infringement by the respondent operating under similar names and marks. The court granted permission, finding that a substantial part of the cause of action arose within Mumbai, thereby establishing jurisdiction despite the park being located elsewhere.
Waycool Food Products Private Limited v.Cheedalla Gopinath, Aditya Rice Enterprises, Sree KVR Industries
Waycool Food Products Private Limited filed a civil suit against several defendants alleging passing off, copyright infringement, and misuse of its distinctive trade dress and logo in the packed rice market. The plaintiff sought permanent injunctions and damages for the alleged violations. Ultimately, both parties reached a Memorandum of Compromise on February 17, 2024, leading to the court decreeing the suit while noting that the plaintiff had waived the claim for monetary damages.
Sulphur Mills Limited v.Dharmaj Crop Guard Limited & Anr.
Sulphur Mills Limited sought an interlocutory injunction against several defendants, alleging infringement of its Indian Patent IN 282429 for a 'Novel Agricultural Composition.' The plaintiff argued that their composition offered significant advantages over existing fertilizers, such as faster sulphate conversion and compatibility with modern irrigation. However, the court found that the defendants had successfully established a credible challenge to the patent's validity on the grounds of obviousness based on extensive prior art.
BASF SE v.Assistant Controller of Patents and Designs
BASF SE appealed the Patent Office's order rejecting its patent application for an 'Auxiliary spring having axially running contour elements'. The rejection was based on various objections, including procedural and technical ones. The High Court allowed the appeal, finding that the cosmetic objection should not deny the applicant their rights, and remanded the matter back to the Controller for a fresh hearing.
Puma Se v.K.Srinivasan Trading as K.Srinivasan Mills & The Registrar of Trade Marks
The Madras High Court allowed Puma Se's petition for rectification, directing the removal of a conflicting trade mark registration (No. 2892343) held by K.Srinivasan Mills. The court found that the leaping cat depicted in the respondent's label bore a strong resemblance to Puma's registered 'leaping puma' logo. This ruling reinforces the principle that established trademark proprietors are entitled to protect their distinctive logos against confusingly similar marks, even if those marks operate in related classes.
Ashok Leyland Limited v.The Controller of Patents & Designs
Ashok Leyland Limited challenged the recommendations of the Patent Opposition Board (OBR) regarding its patent IN387429, arguing that the OBR failed to consider the expert evidence submitted by both parties. The petitioner sought quashing of the OBR and reconstitution of a fresh board. The High Court dismissed the petition, holding that the OBR is merely recommendatory and the Controller retains the independent duty to assess its merit.
E.R.Squibb & Sons Llc v.Union of India
International pharmaceutical companies (Petitioners) challenged the recommendations of the Opposition Board regarding their granted patent. They argued that the Board improperly considered a rejoinder filed by the opponent and failed to consider additional evidence submitted by them under Rule 60, due to inaction by the Patent Controller.
Pfizer Inc. v.Incepta Pharmaceuticals Limited
The court confirmed an ex-parte ad-interim injunction granted earlier, restricting defendants from dealing in infringing products related to Patents No. 243571 and 250050, as other patents had expired. The court also directed service of notice for discovery regarding the origin and import of impugned products and allowed amendments to the plaint.
E.R.Squibb & Sons Llc and Ono Pharmaceutical Co. Ltd. v.Union of India, The Controller of Patents & Designs, Zydus Healthcare Limited
The petitioners, international pharmaceutical companies, challenged the recommendations of the Opposition Board regarding their granted patent (IN340060). They argued that the board improperly considered a rejoinder filed by the opponent and failed to consider additional evidence submitted by the petitioners. The court found that the Controller's failure to pass orders on procedural applications led to an incomplete scrutiny, thus vitiating the recommendations.
Ashok Leyland Limited v.The Controller of Patents & Designs
Ashok Leyland Limited challenged the recommendations of the Patent Opposition Board (OBR) regarding its patent IN387429, alleging that the OBR failed to consider the expert evidence submitted by both parties. The petitioner sought quashing of the OBR and reconstitution of a fresh Opposition Board. The Court dismissed the petition, holding that the OBR is merely recommendatory and the Controller retains the duty to make an independent decision.