India IP Litigation
7,167 annotated decisions
Page 85 of 299 · 7,167 total
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.
Suzuki Motor Corporation v.Controller General Of Patents, Designs and Trademarks And Anr
Suzuki Motor Corporation appealed regarding objections related to their patent claims. The Court noted that while there is no specific provision for re-consideration, amendments might be allowed if errors relate to translation/transliteration. The Court subsequently directed the Appellant to file an application under Section 57 of the Patents Act to amend their modified claims.
Baxalta Incorporated v.The Controller Of Patents
Baxalta Incorporated appealed a decision by the Assistant Controller of Patents which refused their application for "FACTOR VIII POLYMER CONJUGATES" due to lack of novelty and inventive steps in product claims. The appellant sought leave to submit an auxiliary claim set restricting the scope to method claims. The High Court allowed this submission, setting aside the impugned order and remanding the matter for fresh consideration.
Swasth Digital Health Foundation v.Trade Marks Registry
The Madras High Court allowed an appeal filed by Swasth Digital Health Foundation against the Trade Marks Registry's refusal to register its composite mark. The court held that the mark, taken as a whole, possesses sufficient distinctiveness for registration. Furthermore, the court ruled that the Registrar exceeded his statutory authority by restricting the use of national flag colors in the device, emphasizing that an owner has the freedom to choose their color scheme unless explicitly restricted by law.
M/S Imberatek Llc v.Apple Inc & Anr.
M/S Imberatek Llc filed a commercial suit alleging patent infringement against Apple Inc. Initially, the plaintiff sought to withdraw the suit to explore mediation, and the court allowed it with a refund of court fees. However, subsequent consideration found that since no urgent interim relief was sought, the plaintiff could not circumvent the mandatory requirement of pre-litigation mediation under Section 12A of the Commercial Courts Act, leading to the final dismissal of the suit.
Voicemonk Inc v.Controller General of Patents, Designs & Trade Marks
Voicemonk Inc appealed the rejection of its patent application for a system and method related to content recommendation using Augmented Reality. The Controller had raised objections regarding lack of clarity, subject matter eligibility (Section 3(k)), and novelty/inventiveness (Sections 2(1)(j) and 10(4)).
Pawan Kumar Goel v.Dr. Dhan Singh & Anr.
The plaintiff filed a suit claiming infringement of Patent 369150, which covers a novel process for extracting Alpha Yohimbine. The plaintiff sought an interim injunction to stop the defendants from using or manufacturing the subject compound. However, the court noted evidence presented by the defendants showing they were already manufacturing the compound through a similar process prior to the patent application date.
Saera Electric Auto Limited v.Malak Techno Private Limited
Saera Electric Auto Limited successfully resolved its trademark infringement suit against Malak Techno Private Limited through mediation. The parties entered into a comprehensive settlement agreement, which the Delhi High Court subsequently decreed. Under the terms, Malak Techno agreed to cease all use of the impugned mark 'MAYUR' and any deceptively similar variations, acknowledge Saera as the sole owner of the 'MAYURI' trademarks and copyright in its logo, and pay damages totaling Rs. 2,50,000/-.
Sunil Dutt Trading As Kilter v.Pro Muscle Science & Anr.
The Delhi High Court addressed the dispute between Kilter (owner of 'MUSCLE SCIENCE') and Pro Muscle Science regarding trademark infringement in the dietary supplement market. The court found that the Defendants' use of marks like 'PRO MUSCLE SCIENCE' was highly likely to cause consumer confusion, as the Plaintiff's registered mark is entirely incorporated into the competing names. Consequently, the existing interim injunction favoring the Plaintiff was confirmed. While the matter proceeds toward mediation, the ruling strongly affirms the protection afforded to established trademarks against similar competitors.
Sequoia Capital Operations Llc & Ors v.John Doe And Others
In this trademark infringement suit, the Delhi High Court addressed an application seeking to involve WhatsApp LLC in the proceedings. The court allowed WhatsApp's impleadment and issued specific directions requiring the platform to remove or block identified infringing groups and accounts associated with Sequoia Capital's trademarks. Crucially, while ordering the removal of known infringers, the court also mandated that Plaintiffs must first notify account holders before any further blocking action is taken, balancing enforcement needs with due process concerns.