India IP Litigation
7,167 annotated decisions
Page 83 of 299 · 7,167 total
M/S. P.M. Diesels P. Ltd. v.M/S. Thukral Mechanical Works & Ors.
The Delhi High Court delivered a multi-faceted judgment addressing several IP disputes involving the 'FIELDMARSHAL' trademark. In one suit, the court decreed P.M. Diesels Pvt. Ltd.'s claim against Thukral Mechanical Works, while simultaneously ordering the cancellation of an older registration held by Thukral Mechanical Works in Class 7. Furthermore, the High Court set aside previous rejection orders for P.M. Diesels' trademark applications, allowing them to proceed toward registration.
M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.
In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.
Mayo Foundation For Medical Education and Research v.Assistant Controller Of Patents And Designs
The appeal concerns the patentability of a method for detecting autoantibodies in biological samples. The respondent argued that the method was ineligible under Section 3(i) because it described a diagnostic process. The petitioner countered, but the respondent raised a legal challenge based on a Madras High Court judgment, arguing that the previous finding (that in vitro methods were acceptable) was incorrect.
Boehringer Ingelheim International GmbH v.Nexkem Biotech Pvt. Ltd.
Boehringer Ingelheim filed a suit seeking permanent injunction against Nexkem Biotech for infringing its patent related to Empagliflozin. The defendants challenged the maintainability of the suit by arguing that pre-institution mediation under Section 12-A of the Commercial Courts Act was not exhausted, as there was no urgency. The court dismissed this objection, finding that the suit did contemplate urgent interim relief and noting the defendants' admission of infringement.
Apl Apollo Tubes Limited v.M/S Steel Track & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Apl Apollo Tubes Limited against M/S Steel Track & Ors. regarding trademark infringement and passing off. The court found that the Defendants' use of 'APOLLO/APOLLO TMT' was deceptively similar to the Plaintiff's established marks, risking irreparable harm to their brand equity. While acknowledging the Plaintiff's delay in filing the suit, the Court issued a comprehensive restraint order covering all marketing and sales activities, though it exempted goods already manufactured by the Defendants.
north side brewers private ltd v.the registrar of trade marks
North Side Brewers Private Ltd appealed a decision of the Registrar of Trade Marks. The appellant sought condonation of delay in filing the appeal, prompting consideration of relevant case law regarding the Registrar's discretionary powers and precedents concerning trademark delays.
Jaypee Brothers Medical Publisher Pvt Ltd v.Rama Krishna Books
The Delhi High Court granted an ex parte ad interim injunction in favor of Jaypee Brothers Medical Publisher Pvt Ltd against Rama Krishna Books. The publisher alleged that the defendant was selling substandard, infringing copies of their medical textbooks while also misusing their registered trademarks. The court found a prima facie case for infringement and ruled that granting the injunction was necessary to prevent irreparable harm to the plaintiff's business interests in the specialized medical publishing market.
M/s. Kaleesuwari Refinery Private Ltd. v.M/s.Ganesh Oil Mills
M/s. Kaleesuwari Refinery Private Ltd filed a suit against M/s. Ganesh Oil Mills alleging trademark infringement, passing off, and copyright violation related to the edible oil market. The plaintiff claimed that the defendant was using the deceptively similar mark 'SATHYAM GOLD' on products mimicking the plaintiff's registered brand 'Gold Winner'. Both parties ultimately agreed to settle the dispute through a Joint Memorandum of Compromise, leading the court to decree the suit.
M/s. Kaleesuwari Refinery Private Ltd. v.M/s.Ganesh Oil Mills
M/s. Kaleesuwari Refinery Private Ltd filed a suit against M/s. Ganesh Oil Mills alleging infringement of its registered Trade Mark 'Gold Winner' and copyright violation related to the packaging of edible oil. The plaintiff sought permanent injunctions, directions for destruction of infringing materials, and an accounting of profits. Ultimately, both parties reached a mutual agreement and settled the dispute through a Joint Memorandum of Compromise (JMC).
Hindustan Unilever Limited v.Ishfaq Chemical Industries & Anr.
Hindustan Unilever Limited filed a suit against Ishfaq Chemical Industries for infringement of its trademarks and copyrights, including passing off. The parties reached a settlement agreement on March 28, 2024.
Telefonktiebolaget Lm Ericsson(Publ) v.Lava International Ltd
This Delhi High Court judgment addresses a complex dispute concerning Standard Essential Patents (SEPs) held by Ericsson against Lava International. The court examined the validity, novelty, and inventive step of several patents, while simultaneously determining the scope of infringement and the quantum of damages owed. Ultimately, the judgment affirmed the validity of seven specific patents while directing the revocation process for another patent, alongside awarding substantial damages to Ericsson.
Genentech, Inc. v.Controller of Patents and Designs
Genentech appealed the rejection of its patent application for a medicinal compound, 'Inhibitors of IAP', by the Controller. The Controller rejected the claims citing lack of novelty and inventive step under various sections of the Patents Act. The High Court allowed the appeal, finding the Controller's objections farfetched.
Telefonktiebolaget Lm Ericsson (Pub) v.Lava International Limited
This Delhi High Court judgment addresses a complex dispute over Standard Essential Patents (SEPs) between Telefonktiebolaget LM Ericsson and Lava International Limited. The court examined the validity, novelty, and inventive step of several patents asserted by Ericsson against Lava. While the suit patent IN 203034 was subject to revocation proceedings, the judgment ultimately affirmed the validity of seven other key patents held by Ericsson. Consequently, the Court passed a decree in favor of Ericsson for substantial damages related to past infringement.
Hindustan Unilever Limited v.Fabs Industries
Hindustan Unilever Limited filed a suit against Fabs Industries for infringement of its trademarks ('SURF/SURF EXCEL', Splat logo) and copyrighted trade dress. The parties reached a settlement, which was formalized through Consent Minutes of Order.
Ollos Biotech Private Limited v.Omega Ecotech Products India Limited
Ollos Biotech Private Limited filed an Original Petition to revoke Patent No.411774 granted to Omega Ecotech Products India Limited. The petitioner contended that the invention lacked novelty, inventive step, and was patent ineligible under Sections 3(d) and (f) of the Patents Act, 1970. The court found that both the product claim and method claim lacked an inventive step or novelty based on prior art and non-patent literature.
Ashvinkumar Babulal Patel v.Shree Sardar Patel Sevadal
The Gujarat High Court dismissed the appeal filed by Ashvinkumar Babulal Patel against the trial court's order granting an injunction to Shree Sardar Patel Sevadal. The court upheld the lower court's finding that the plaintiff had established use of the 'SPG' trademark since 2007, noting that appellate courts should not interfere with factual findings made by the trial court. While dismissing the main appeal, the High Court granted a temporary stay on the order for three weeks.
Panasonic Intellectual Property Management Co. Ltd. v.Controller of Patents and Designs, Government of India
Panasonic Intellectual Property appealed the rejection of its patent application (No.8954/CHENP/2014) concerning an ARC-Welding method and apparatus. The appeal challenged the Controller's decision, arguing that the rejection based on lack of inventive step was not adequately reasoned or explained in the impugned order.
City Glass And Glazing Pvt Ltd v.Ozone Overseas Pvt Ltd
The Plaintiff filed a commercial suit alleging infringement of their patent, 'a self locking glazing system'. The court granted exemption from pre-institution mediation and directed the parties to proceed with the suit. The Defendant contested the injunction, raising objections regarding the validity and suppression of the patent.
Malikie Innovations Limited v.Controller General of Patents, Design, Trade Mark and Geographical Indications
Malikie Innovations Limited appealed against the Patent Controller's order refusing to grant a patent for its file system software. The Controller had raised objections primarily under Section 3(k), arguing it was pure software lacking hardware limitations. The High Court found merit in the appellant's submissions, concluding that since the invention relates only to software and is permissible under existing guidelines, the refusal should be set aside.
Indi Pharma Pvt Ltd v.The Registrar of Trade Marks & Anr.
The Bombay High Court addressed a petition filed by Indi Pharma Pvt Ltd seeking the restoration and renewal of its trademark 'VOMISET' (No. 711095). The court directed the Registrar of Trade Marks to restore the trademark within three weeks, allowing the petitioner to subsequently apply for renewal. Furthermore, the judgment emphasized that parties should pursue departmental remedies based on established legal precedents, rather than resorting to litigation against the Registrar.
M/s.Star Plastics v.Chandrasekhar
The Madras High Court allowed M/s. Star Plastics' petition seeking rectification of the Trade Marks Register against Chandrasekhar's 'STARPRO' mark. The court found that despite the addition of the suffix 'pro', the similarity between the petitioner's registered word mark 'Star' and the respondent's 'STARPRO' was striking enough to deceive an ordinary consumer. Given both marks were in Class 17, the court directed the Registrar of Trade Marks to cancel the infringing registration.
Up Hotels Clarks Limited v.Arjun Bhanot Trading As Arjun Clarks Inn and Anr.
The Delhi High Court ruled in favor of Up Hotels Clarks Limited, cancelling a competing trademark registration held by Arjun Bhanot Trading As Arjun Clarks Inn. The court found that the respondent's mark was deceptively similar to the petitioner's established 'CLARKS' brand, which possesses significant goodwill and reputation dating back decades. Despite the respondent's claims of honest adoption, the court determined that the similarity, coupled with the identical class of services (hotels/restaurants), created a high likelihood of consumer confusion, thus violating trademark law.
Flipkart Internet Private Limited v.Godaddy Operating Company Llc & Ors.
The Delhi High Court addressed an appeal concerning the admissibility of a written statement in a trademark infringement suit involving domain names. The court clarified that in complex domain name disputes with numerous impleadments, the 120-day period for filing a written statement commences from the date the amended memo of parties is filed, not the initial notice date. Consequently, the court allowed the appeal and permitted the defendants' written statement to be taken on record after they paid a stipulated fee.
Apex Formulations Pvt. Ltd. v.Apex Laboratories P.Ltd.
The Madras High Court dismissed a Transfer Original Petition filed by Apex Formulations Pvt. Ltd against Apex Laboratories P.Ltd. The petition, which sought the removal or rectification of a trademark registration (No. 343270) in Class 5, was withdrawn by the petitioner. This dismissal confirms that the parties had reached a compromise in an earlier case (C.S.No.614 of 1998), and the terms of that settlement remain binding.