India IP Litigation

7,456 annotated decisions

7,456
Decisions
6
IP Types
10
Courts

Page 87 of 311 · 7,456 total

patent plaintiff favorable · May 21, 2024

Honeywell International Inc v.The Controller Of Patents

Delhi High Court · 122343253

Honeywell International Inc appealed a decision by The Controller of Patents regarding its patent application for 'Organic Fluorescent Compositions.' The core dispute centered on the validity of amendments made to the original claims, specifically changing the scope from a 'composition' to just the 'compound.' Honeywell argued that these amendments merely narrowed the scope and were fully supported by the original specification. The Delhi High Court ultimately ruled in favor of the appellant, setting aside the impugned order and remanding the application for fresh examination.

patent defendant favorable · May 21, 2024

Vijay Abrol v.Yogesh Kumar Rustogi

Delhi High Court - Orders · 89278972

The Delhi High Court allowed appeals filed by Vijay Abrol, setting aside a previous judgment that had favored Yogesh Kumar Rustogi in a passing off suit. The court found that the plaintiff failed to establish the necessary goodwill and reputation for the trademark 'BRITE' as required by the triple test for passing off. Furthermore, the appellant/defendant successfully demonstrated their own established use of the mark and secured its registration, leading the court to conclude the original suit lacked a real basis.

patent defendant favorable · May 21, 2024

Casablanca Apparels Pvt Ltd v.Polo Lauren Company Lp & Anr. & Anr.

Delhi High Court - Orders · 164729981

The Delhi High Court dismissed a rectification petition filed by Casablanca Apparels against Polo Lauren's trademark 'POLO'. The court held that since an application challenging the mark's validity (under Section 124) was already pending before the Trial Court, the current rectification petition was not maintainable at this stage. This ruling emphasizes the procedural hierarchy between concurrent proceedings in civil suits and intellectual property rectification actions.

patent plaintiff favorable · May 21, 2024

Tirupati Structurals Limited v.Jai Prakash Singhal

Delhi High Court · 113927045

The Delhi High Court granted an interim injunction in favor of Tirupati Structurals Limited against Jai Prakash Singhal, finding that the defendant's use of 'MM TIRUPATI' was deceptively similar to the plaintiff's established mark 'TSL-TIRUPATI'. The court held that despite minor differences in prefixes, the identical and prominent shared element 'TIRUPATI', coupled with the similarity in goods (pipes and fittings), created a high likelihood of consumer confusion. This ruling reinforces the protection afforded by common law passing off principles against calculated attempts to capitalize on established goodwill.

patent pending · May 20, 2024

Croda Inc v.The Controller Of Patents

Delhi High Court - Orders · 67810510

Croda Inc filed an appeal before the Delhi High Court challenging the order dated November 6, 2020, issued by the Assistant Controller of Patents and Designs. The original patent application (No. 1432/DELNP/2013) concerning Agrochemical Adjuvants and Formulations was refused.

trademark plaintiff favorable · May 20, 2024

Kaira District Cooperative Milk Producers Union Ltd v.Hub.Nrw-Euindia Invest Gmbh & Ors

Delhi High Court - Orders · 161120081

The Delhi High Court ruled in favor of Kaira District Cooperative Milk Producers Union Ltd (AMUL), granting a decree against multiple defendants for trademark infringement related to the 'AMUL TRU seltzer' brand. The court issued sweeping orders requiring domain registrars and the Department of Telecommunications to block access to various infringing websites globally. Furthermore, it restrained certain parties from exporting AMUL products that were not intended for the EU market, reinforcing robust protection against digital counterfeiting and unauthorized trade.

trademark plaintiff favorable · May 20, 2024

Grip Invest Technologies Private Limited v.Ashok Kumar & Ors.

Delhi High Court - Orders · 70498903

The Delhi High Court granted an interim injunction in favor of Grip Invest Technologies, restraining a newly discovered mirroring website (eliteedgebrokerage.info) from operating. The court found that the new site was an exact copy of the plaintiff's website, infringing both copyright and trademark. Furthermore, the court directed the Domain Name Registrar and the Department of Telecommunication to take immediate steps to block access to the infringing domain, reinforcing proactive measures against online IP infringement.

trademark plaintiff favorable · May 20, 2024

Macleods Pharmaceuticals Limited v.Ridley Life Science Pvt. Ltd.

Delhi High Court - Orders · 93116832

The Delhi High Court dismissed the defendant's attempt to reopen evidence regarding costs and damages in a trademark infringement suit. The court noted the defendant's history of 'abysmal conduct,' including being a 'habitual offender/rank infringer' who repeatedly infringes third-party products. Given that the defendant had ample opportunity to present their case previously, the court found the late application was not bona fide and aimed only at delay.

patent plaintiff favorable · May 20, 2024

Tata Power Solar Systems Limited & Anr. v.Www.Tatapowersolardealership.Co.In & Ors.

Delhi High Court - Orders · 161524615

The Delhi High Court granted a permanent injunction in favor of Tata Power Solar Systems Limited, finding that several defendants were infringing on its registered trademarks ('TATA' and 'TATA POWER SOLAR'). The court recognized the immense goodwill and reputation associated with the brand. Furthermore, the judgment included significant ancillary relief, directing the suspension of specific domain names and mandating the freezing and transfer of funds from bank accounts linked to the infringement activities into a designated RBI fund.

patent No outcome · May 17, 2024

Saint Gobain Placo v.Khushbu Frames

Delhi High Court - Orders · 66011448

The plaintiffs are seeking an injunction against the defendants for allegedly infringing on their registered patents related to corrugated construction elements. The defendants claim they have never used the technology in question.

patent No outcome · May 17, 2024

Blick System India Private Limited v.Franz Safford And Others

Delhi High Court - Orders · 141260417

The case involves a petition for revocation of a patent granted to the defendant and a counter suit alleging infringement of the suit patent by the plaintiff.

patent mixed · May 17, 2024

Reckitt Benckiser (India) Private Limited v.The Advertising Standards Council of India

Madras High Court · 85105639

Reckitt Benckiser challenged an order passed by the learned Judge which rejected its application for an interim injunction against The Advertising Standards Council of India (ASCI). Reckitt, a manufacturer of consumer health products like MORTEIN mosquito repellent, sought to prevent ASCI from adjudicating complaints against its new product advertisements. The Madras High Court ultimately found that the suit did possess cause of action and jurisdiction in Tamil Nadu, setting aside the initial order and remanding the matter for fresh consideration on merits.

patent plaintiff favorable · May 16, 2024

Sandvik Intellectual Property Ab v.Mr. Kalyan Singh & Ors.

Delhi High Court - Orders · 51799794

The plaintiff filed a suit seeking permanent injunction against the defendants for infringing their patents, specifically concerning distributor plates and turbo tips compatible with SANDVIK VSI crushers. After initial ex parte orders, the matter was disposed of at a summary stage upon concession by the defendant regarding the injunction.

patent plaintiff favorable · May 16, 2024

Communication Components Antenna Inc. v.Mobi Antenna Technologies (Shenzhen) Co Ltd

Delhi High Court · 131149347

Communication Components Antenna Inc. filed a suit seeking permanent injunction and damages against Mobi Antenna Technologies (Shenzhen) Co Ltd for infringing Indian Patent No. 240893, which covers 'Asymmetrical Beams for Spectrum Efficiency'. The Plaintiff alleged that the Defendant's Bi-Sector Array Antennas infringed both method and product claims of the patent. Despite the Defendant raising challenges regarding the patent's validity under Sections 64(e), 64(f), and 3(d) of the Patents Act, the Court ultimately decreed the suit in favor of the Plaintiff.

trademark plaintiff favorable · May 16, 2024

Jamboree Resorts India Llp & Anr. v.Mehul Sharma & Ors.

Delhi High Court - Orders · 27880631

The Delhi High Court granted an interim injunction in favor of Jamboree Resorts India LLP, who holds registered trademarks for 'JAMBOREE'. The court found a prima facie case of trademark infringement and passing off against the defendants, who were operating the resort under the name 'SIGNUM JAMBOREE CREEK RESORT' following a terminated revenue-sharing agreement. The order restrained the use of the infringing mark and mandated the handover of all associated digital assets to allow the plaintiffs to regain control.

trademark plaintiff favorable · May 16, 2024

Shrinath Travel Agency Through Its Partners & Anr. v.Harsh Kumar Trading As Shrinath Nama Travel Agency & Ors.

Delhi High Court - Orders · 73924572

The Delhi High Court allowed the Plaintiffs to implead several additional defendants in a trademark infringement suit. Finding a prima facie case of deception due to identical or deceptively similar marks being used for identical travel services, the court granted an interim injunction restraining the newly added parties from using the impugned trademarks. Furthermore, the court directed domain registrars associated with infringing websites to block and suspend access to those domains.

trademark mixed · May 16, 2024

Bonn Nutrients Pvt. Ltd & Anr. v.Pahal Foods Pvt. Limited & Ors.

Delhi High Court - Orders · 77862410

In a dispute over the packaging and trade dress of coconut cookies, Bonn Nutrients sought an injunction against Pahal Foods for alleged infringement. The Delhi High Court issued an order facilitating an amicable settlement between the parties. Defendants agreed not to manufacture any more products under the disputed label/packaging but were granted time to exhaust their existing stock of 15,000 cases. Both parties were also directed toward mediation and listed for further consideration.

patent mixed · May 16, 2024

Jr Rice India Pvt. Ltd v.Kishan Khetrapal Proprietor Of Aaradhya Agrotech

Delhi High Court - Orders · 130108434

The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Jr Rice India Pvt. Ltd against Kishan Khetrapal Proprietor Of Aaradhya Agrotech. The court granted exemptions from pre-institution mediation and advance service, while formally registering the plaint as a commercial suit. Crucially, regarding the injunction application seeking to restrain the defendant from using the deceptively similar mark 'ABBA HUZUR' on rice products, the Court issued notice to the defendant.

patent plaintiff favorable · May 16, 2024

M/S. Lotus Organic Care v.M/S. Aadhar Products Pvt. Ltd.

Rajasthan High Court - Jodhpur · 13684495

The Rajasthan High Court allowed a writ petition filed by M/S. Lotus Organic Care, setting aside a lower court's rejection of its application under Section 124 of the Trademarks Act. The core issue was whether the petitioner had made sufficient prima facie pleadings in their written statement to warrant staying the infringement suit while they pursued trademark rectification. The High Court held that the trial court only needs to record prima facie satisfaction based on the pleadings, not evaluate the evidence for the eventual rectification application. Consequently, the infringement proceedings were stayed, allowing the petitioner to proceed with challenging the validity of the respondent's trademarks.

patent plaintiff favorable · May 15, 2024

Leonhard Kurz Stiftung And Co. Kg v.Controller Of Patents

Delhi High Court - Orders · 137687667

The appeal challenged the Controller of Patents' refusal of the Appellant's patent application, which held that subsequent amendments were outside the scope of the original filing. The High Court found that the amended claims referenced the complete specifications as originally filed. Consequently, the court allowed the appeal and remanded the matter for fresh consideration by the Patents Office.

patent plaintiff favorable · May 15, 2024

Parijat Industries India Private Limited v.Deputy Controller Of Patents And Designs & Anr.

Delhi High Court - Orders · 192660966

Parijat Industries appealed against an order by the Deputy Controller of Patents and Designs which had revoked its Indian Patent No. 372550 based on grounds under Section 25(2)(b), (e), (f) and (g). The High Court found that the reasoning provided in the Impugned Order was inadequate and did not meet judicial standards.

patent pending · May 15, 2024

Taiho Pharmaceutical Co Ltd v.The Controller Of Patents

Delhi High Court - Orders · 126542601

Taiho Pharmaceutical Co Ltd appealed a patent application rejection order issued by The Controller of Patents. The appellant argued that the rejection, based on Sections 2(1)(ja) and 3(d) of the Patents Act, 1970, failed to consider submitted data and did not provide adequate opportunity to respond to the Section 3(d) objection.

patent pending · May 15, 2024

Cassiopea S.P.A. v.Controller General Of Patents And Designs & Ors.

Delhi High Court - Orders · 191870741

Cassiopea S.P.A. appealed the order passed by the Assistant Controller of Patent, which rejected its Indian Patent Application (No. 201717042863) and accepted a pre-grant opposition filed by other respondents. The Delhi High Court allowed applications for condoning delay in filing and re-filing the appeal.

trademark plaintiff favorable · May 15, 2024

Castrol Limited v.Mohan Bajya

Delhi High Court - Orders · 196199536

In a significant move against alleged counterfeiters, the Delhi High Court granted an ex-parte ad interim injunction in favor of Castrol Limited. The court recognized the substantial goodwill associated with Castrol's trademarks and trade dress for engine oils. To enforce this urgent relief, the court appointed a Local Commissioner to seize infringing goods manufactured by the defendant, Mohan Bajya, and inspect relevant financial records.

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