India IP Litigation

7,456 annotated decisions

7,456
Decisions
6
IP Types
10
Courts

Page 83 of 311 · 7,456 total

patent interim order · Jul 2, 2024

Nord Lock Ab v.Gala Precision Engineering Private Limited

Delhi High Court - Orders · 120187021

The plaintiffs filed an application seeking a permanent injunction against the defendants, alleging that the defendants were infringing two registered patents related to the manufacture of washers. The court issued notice and directed that if the defendants file a suit challenging the validity or non-infringement of these patents, it must be done within the jurisdiction of the Delhi High Court.

patent remanded · Jul 2, 2024

Nokia Of America Corporation v.Assistant Controller of Patents and Designs, Government of India

Madras High Court · 112916758

Nokia appealed the rejection of its patent application, arguing that the respondent's order failed to properly discuss the invention and how it was hit by obviousness. The court found that the Controller merely concluded that a person skilled in the art could calculate technical glitches using prior arts without adequately testing them against the claimed invention.

trademark plaintiff favorable · Jul 2, 2024

Castrol Limited v.Kapil & Anr.

Delhi High Court - Orders · 83045384

The Delhi High Court granted an urgent interim injunction to Castrol Limited in its suit against Kapil & Anr., allowing the plaintiff to proceed with an ex-parte local commission. The court recognized that the defendants were allegedly manufacturing and selling counterfeit engine oils, infringing on Castrol's trademarks, trade dress, and copyrights related to their packaging. This order permits a search and seizure operation at the defendants' premises to gather evidence of infringement.

trademark mixed · Jul 2, 2024

V.Sundaresan & Ors. v.Varalakshmi Starch Industries Pvt. Ltd., & Anr.

Madras High Court · 139874200

The Madras High Court addressed multiple appeals and petitions concerning a trademark infringement dispute over the 'Varalakshmi' brand name used for sago/sabudana products. Recognizing the overlap between the appellate issues and the main suit, the Court directed the Commercial Court to expedite the original trademark suit within 16 weeks. Crucially, while vacating previous stays on proceedings, the High Court ensured that the existing interim order from the lower court would remain in effect until the final judgment of the main suit.

patent settled · Jul 2, 2024

M/s.Babu Ram Om Prakash v.A.Manickavel

Madras High Court · 42495369

The Madras High Court disposed of an Original Petition concerning the rectification of Trade Mark No. 502558 after both parties entered into a Joint Memorandum of Compromise. The petition, which had been transferred from the Intellectual Property Appellate Board, was settled amicably between M/s. Babu Ram Om Prakash and A. Manickavel. This resolution allows the matter to be closed without further judicial intervention.

patent pending · Jul 1, 2024

Arcelormittal Investigacion Y Desarrollo SL v.The Assistant Controller Of Patents And Designs

Delhi High Court - Orders · 55714802

Arcelormittal Investigacion Y Desarrollo SL appealed against an impugned order dated February 20, 2024, passed by the Assistant Controller of Patents and Designs. The original order refused to grant a patent for Indian Patent Application No. 1908/DELNP/2015, citing lack of full disclosure and technical advancement. The High Court noted the submissions and directed parties to file replies.

patent pending · Jul 1, 2024

Schneider Electric It Corporation v.Assistant Controller Of Patents And Designs

Delhi High Court - Orders · 177477605

Schneider Electric It Corporation appealed an order by the Assistant Controller of Patents and Designs which rejected the grant of a patent application (No. 6134/DELNP/2015). The rejection was based on the alleged lack of inventive constructional features and failure to meet novelty and inventive step criteria. The court issued notice and directed both parties to file written submissions.

patent plaintiff favorable · Jul 1, 2024

M/s.V.A.Mishra & Sons v.The Registrar of Trademarks

Madras High Court · 159501103

The Madras High Court ruled in favor of M/s.V.A.Mishra & Sons, issuing a Writ of Mandamus against The Registrar of Trademarks. The petitioner sought direction to accept an old renewal request (dated 27.03.2013) for their trademark due to alleged inaction by the Registry. The Court found that the mandatory notice required under Section 25(3) of the Trademarks Act, 1999, was not provided to the proprietor. Consequently, the Registrar was directed to accept the renewal request and allow further renewals.

patent plaintiff favorable · Jul 1, 2024

Dongguan Huali Industries Co. Ltd. v.Anand Aggarwal And Ors.

Delhi High Court · 135597628

The Delhi High Court granted an interim injunction in favor of Dongguan Huali Industries Co. Ltd., preventing the defendants from using the identical trademark 'HUALI'. The Plaintiff successfully argued that despite the Defendant securing a statutory registration, their prior and extensive common law usage established significant goodwill and market reputation for the mark. The court found that the Defendants' adoption was dishonest and likely to cause irreparable consumer confusion, thus protecting the Plaintiff's brand equity.

trademark plaintiff favorable · Jul 1, 2024

Jk Lakshmi Cement Limited v.Mr Satyawan Sehrawat & Anr.

Delhi High Court - Orders · 171725493

The Delhi High Court decreed a suit filed by Jk Lakshmi Cement Limited against Mr Satyawan Sehrawat & Anr. following a successful out-of-court settlement. Defendant No. 1 acknowledged infringing the plaintiff's trademark rights and wrongly using 'J.K. Lakshmi Cement RMC'. The court formalized the agreement, which required the defendant to cease the wrongful use and surrender its GST registration obtained under the disputed trade name.

trademark mixed · Jul 1, 2024

Megha Cashew Pvt. Ltd. v.M/S B.R. Industries

Meghalaya High Court · 112204974

The Meghalaya High Court admitted the appeal filed by Megha Cashew Pvt. Ltd. against an earlier order concerning alleged trademark infringement and costs. The appellant primarily sought reconsideration regarding the quantum of costs imposed. The court allowed the matter to proceed for further hearing, provided the appellant deposits Rs. 1.50 Lakhs within one week.

patent interim order · Jun 28, 2024

Pharmacyclics Llc v.Deputy Controller Of Patents And Designs

Calcutta High Court · 78071492

Pharmacyclics Llc appealed the Deputy Controller of Patents and Designs' decision dated March 5, 2024, which refused to grant a Patent under Section 15 of the Act. The appellant also filed an application seeking condonation of eight days delay in filing the appeal.

trademark plaintiff favorable · Jun 28, 2024

Waterways Leisure Tourism Private Limited v.Ashok Kumar And Others

Delhi High Court - Orders · 160088202

The Delhi High Court granted an ex parte ad interim injunction in favor of Waterways Leisure Tourism Private Limited against Ashok Kumar and others. The court found a prima facie case that the respondents were illegally imitating, impersonating, and infringing upon the petitioner's registered trademarks ('Cordelia Cruises') and copyrighted material related to its cruise services. The order specifically restrained the defendants from using the plaintiff's marks across all media platforms and directed the blocking of an offending website until the final hearing.

patent plaintiff favorable · Jun 27, 2024

Microsoft Technology Licensing, LLC v.The Assistant Controller of Patents and Designs, The Patent Office

Madras High Court · 121549025

Microsoft Technology Licensing appealed an order rejecting the grant of a patent application (No. 2559/CHENP/2012) on grounds of lack of inventive step. The Appellant argued that the Controller failed to provide proper consideration or independent reasons for concluding the invention was obvious in light of prior art and common general knowledge.

trademark dismissed · Jun 27, 2024

Chennai Super Kings Cricket Limited v.Samavist Energy Solutions Private Ltd.

Madras High Court · 67994526

The Madras High Court judgment in India Cements Limited vs Samavist Energy Solutions Private Ltd. (though the parties listed are Chennai Super Kings Cricket Limited vs Samavist Energy Solutions Private Ltd.) resulted in the dismissal of the trademark infringement suit. The plaintiff, Chennai Super Kings Cricket Limited, chose to withdraw the case on June 27, 2024, before a final judgment could be delivered. This action effectively ended the litigation regarding the use of the deceptively similar mark 'NOIDA SUPER KINGS' against the defendant.

patent plaintiff favorable · Jun 25, 2024

Rhodia Operations v.Assistant Controller of Patents and Designs, Government of India

Madras High Court · 69215779

Rhodia Operations appealed the refusal of its patent application, which was rejected citing lack of inventive step and being a mere admixture. The appellant argued that the crucial feature—the formation of a double population structure—was ignored by the respondent. The High Court allowed the appeal, finding procedural lapses in the rejection order, and remitted the matter for fresh consideration.

copyright plaintiff favorable · Jun 25, 2024

Fincraft Media And Entertainment Pvt. Ltd. v.Mahesh Vaman Manjrekar & Ors.

Bombay High Court · 76908592

Fincraft Media and Entertainment Pvt. Ltd. filed a Leave Petition seeking permission from the Bombay High Court to file a suit concerning copyright infringement related to the film 'Natyasamrat-Asa Nat hone Nahin.' The petitioner argued that while most transactions occurred in Mumbai, some agreements were executed in Hyderabad, potentially challenging the court's territorial jurisdiction.

patent defendant favorable · Jun 25, 2024

West Bengal Chemical Industries Limited v.M/s. GTZ (India) Pvt. Ltd.

Calcutta High Court · 147642971

The petitioner, an API manufacturer, claimed that the respondents were infringing their patents (IN370845 and IN434424) related to Ferric Carboxymaltose. The petitioner sought an interim injunction against the alleged infringement. However, the court dismissed the petition, finding that the petitioner failed to establish a prima facie case for granting the injunction.

patent plaintiff favorable · Jun 24, 2024

Upl Limited v.Assistant Controller of Patents and Designs

Bombay High Court · 175995868

Upl Limited challenged an order dated February 8, 2023, issued by the Assistant Controller of Patents and Designs, arguing that the order was cryptic and failed to consider all filed documents (D3 and D4) when rejecting amended claims under Section 2(1)(j)(a) of the Patents Act. The High Court agreed with the petitioner's submissions.

patent mixed · Jun 24, 2024

Naveel Danish v.The Registrar of Trade Marks

Madras High Court · 6573941

In this Madras High Court judgment, the court addressed a writ petition seeking direction for the re-examination of Trademark Application No. 55070330. The petitioner sought intervention to compel the Registrar to act on previous representations requesting fresh examination and criminal proceedings. While the initial prayer was broad, the court ultimately directed the Registrar to proceed with fresh orders in accordance with law, ensuring all parties are given a fair opportunity during the process.

patent plaintiff favorable · Jun 21, 2024

Jaco Dr. Jaeniche Gmbh And Co. Kg. v.Saneet Gmbh and Anr.

Bombay High Court · 174055479

The Bombay High Court allowed a petition filed by Jaco Dr. Jaeniche Gmbh And Co. Kg., leading to the removal of an identical trademark registration held by Saneet Gmbh and Anr. The court found that the Petitioner was the prior user and proprietor of the mark 'JACO,' which possessed extensive international reputation and goodwill spilling over into India. Given the Respondent's failure to contest the matter despite multiple opportunities, the Court ruled that the impugned registration was fraudulent and contrary to honest trade practices, thereby protecting the Petitioner's rights.

patent mixed · Jun 21, 2024

Hytrans Beheer B.V. v.Registrar of Trade Marks and Anr.

Bombay High Court · 36621242

The Bombay High Court set aside an earlier refusal order issued by the Trade Marks Examiner regarding the 'HYTRANS' trademark application. The court found that the original decision was cryptic, citing only sections of the Act without providing sufficient reasons or considering the detailed reply submitted by the petitioner. Consequently, the matter has been remanded to the Registrar for a fresh, reasoned hearing by a different officer.

patent mixed · Jun 21, 2024

Mineral Earth Sciences Llc v.X Development Llc

Bombay High Court · 24813265

The Bombay High Court addressed the ongoing dispute between Mineral Earth Sciences Llc and X Development Llc concerning trademark matters. While no final decision was rendered on this date, the court maintained that any interim relief previously granted in the matter would continue to be effective until the next hearing date. The case is scheduled for further consideration on August 2nd, 2023.

patent remanded · Jun 20, 2024

Ajinomoto Co., INC v.The Assistant Controller of Patents and Designs, Government of India

Madras High Court · 44767216

Ajinomoto Co. appealed the Controller's decision to reject its patent application (No. 4039/CHENP/2014). The core issue was whether the Authority complied with Section 13(3) of the Patents Act, 1970, which requires examination of amended specifications in a manner similar to the original specification. The High Court found that this procedure had not been followed.

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