India IP Litigation
7,167 annotated decisions
Page 87 of 299 · 7,167 total
International Education & Research Foundation v.Deputy Commissioner of Income Tax, International Tax (DCIT)
The assessee, International Education & Research Foundation, challenged the charging of TDS and interest by the DCIT regarding annual payments made to international educational boards like IBO/Cambridge. The Assessing Officer held these payments constituted royalty for using trademarks. The Tribunal condoned the delay in filing and restored the matter to the AO for further clarification on the nature of the lump sum fees.
Nihon Onkyo Engineering Co. Ltd. v.The Controller General of Patents, Designs & Trade Marks
The appellant challenged the rejection of its patent application based on objections under Section 3(k) and Section 59 of the Patents Act. The court found that the Controller's order was not adequately reasoned and failed to consider the inventor's submissions regarding both sections. Consequently, the appeal was allowed, and the matter was remanded for fresh consideration.
A.L.M.Holding Company v.Assistant Controller of Patents and Designs, Government of India
A.L.M.Holding Company appealed the Patent Controller's rejection of its application for a cold-in-place recycling method, which was rejected on grounds of lacking inventive step. The core dispute centered on whether prior art citing heat-based processes could invalidate an invention that specifically operates without heat in key stages.
International Education & Research Foundation v.Deputy Commissioner of Income Tax, International Tax (DCIT)
The assessee, International Education & Research Foundation, appealed against orders charging TDS and interest on annual payments made to international education boards like IBO/Cambridge. The Assessing Officer held that these payments constituted royalty for the use of trademarks and services provided by the overseas institutions. The Tribunal condoned the delay and restored the matter to the Assessing Officer for further clarification regarding the nature of the lump sum fees.
M/s.Mex Switchgears Pvt. Ltd. v.M/s.Mirshad C.E.502
The Madras High Court allowed the appeal filed by M/s.Mex Switchgears Pvt. Ltd., directing the Trade Marks Registry to restore the opposition proceedings. The core issue was the Registrar's decision to dismiss the opposition as abandoned due to non-production of evidence. The court ruled that for an opposition to be validly initiated, the applicant must prove service of the counter statement on the opponent, and a mere assertion of email service without proof is insufficient under the Trade Marks Act.
Odi-Ray Industries Limited v.P.Krishnam Raju; The Registrar of Trade Marks
The Madras High Court dismissed the petition filed by Odi-Ray Industries Limited seeking the cancellation of the trade mark 'SPICE' (Registration No. 1091801). The court noted that despite being served with the Registry notice, the petitioner failed to appear and prosecute the matter before the court. Consequently, the petition was dismissed for default.
Intellectual Property Attorneys Association (IPAA) v.The Controller General of Patents, Designs & Trade Marks & Anr.
The Intellectual Property Attorneys Association (IPAA) approached the Delhi High Court seeking directions to suspend limitation periods under the Trade Marks Act, citing severe disruptions in accessing the Trademark Registry's online portal. The petitioner highlighted persistent technical difficulties, including non-functional e-filing services and payment gateway issues, which were causing stakeholders to lose valuable IP rights. The Court acknowledged the urgency of the matter, directing the Controller General of Patents, Designs & Trade Marks (CGPDTM) to appear on the next date to provide detailed solutions and status updates regarding the systemic failures.
Kudos Pharmaceuticals Limited v.Natco Pharma Limited
This order addresses an application seeking five corrections to a previous judgment dated March 1, 2024. The plaintiffs sought corrections primarily regarding the timeline of Natco's revocation filing relative to Kudos' infringement suit, and technical errors in referencing patent numbers and claim descriptions.
M/s Shri Gorakh Bhandar v.Commissioner, Customs-New Delhi
The appellant, M/s Shri Gorakh Bhandar, appealed against an order where the Commissioner of Customs upheld the confiscation of imported shoes bearing the United Colors of Benetton (UCB) logo and imposed penalties. The Tribunal found that the goods were counterfeit, infringed UCB's trademark rights, and therefore constituted prohibited goods liable for absolute confiscation.
Merck Sharp & Dohme Corp. v.Ranvir Kumar Bindeshwari Singh
The plaintiffs filed a suit for patent infringement regarding Sitagliptin (Patent No. 209816). An ex-parte ad interim injunction was previously granted restraining the defendants from dealing in infringing products. The court noted that the patent has since lapsed, making the injunction infructuous, but allowed the plaintiffs to seek relief of costs and damages.
Frances Shenker v.M/S Allanasons Private Limited
In a dispute over the 'STEAKHOUSE' mark, the Delhi High Court addressed an application filed by the defendant seeking to challenge the plaintiff's registered trademark. The court found prima facie merit in the defendant's contention that the descriptive word might be invalid under Section 9 of the Trademarks Act. Consequently, the court framed the issue regarding the validity and rectification of the mark and granted the defendant three months to file a formal rectification petition.
Mountain Valley Springs India Private Limited v.Baby Forest Ayurveda Private Limited & Ors.
The Delhi High Court addressed an interim injunction application concerning trademark infringement between Mountain Valley Springs India Private Limited (Plaintiff) and Baby Forest Ayurveda Private Limited (Defendant). While the Plaintiff presented extensive evidence of market presence, sales, and potential consumer confusion regarding the marks 'FOREST ESSENTIALS' and 'BABY FOREST', the court ultimately dismissed the applications seeking an injunction against the use of the latter. The judgment emphasized the need for a composite assessment, referencing the established 'Pianotist test,' to determine likelihood of confusion.
Imclone LLC v.Assistant Controller of Patents and Designs, Government of India
Imclone LLC appealed the rejection of its patent application for an anti-PDGFR alpha antibody, which was rejected under Section 3(c) as being a discovery of a naturally existing molecule. The appellant argued that the antibody was generated through complex hybridoma and recombinant technology involving transgenic mice, making it non-naturally occurring. The High Court set aside the rejection order, finding that the claimed invention was not excluded from patent protection.
Monsnto Technology Llc v.The Assistant Controller of Patents and Designs, Patent Office, Chennai
Monsnto Technology Llc appealed the Patent Controller's order rejecting its patent application for 'Chloroplast Transit Peptides'. The appellant argued that the rejection was based on incomplete consideration of claims and citation of subsequent prior art. The Madras High Court allowed the appeal, set aside the impugned order, and remanded the matter for fresh consideration.
Global Life Sciences Solutions USA LLC v.Controller General of Patents, Designs & Trademarks
Global Life Sciences Solutions USA LLC appealed the rejection of its patent application concerning a Gamma Sterilizable RFID system. The invention utilizes a ferro-electric random access memory (FRAM) chip with redundant information storage to ensure data integrity when exposed to high-intensity gamma radiation used in sterilization processes. The Madras High Court examined whether this combination was obvious based on existing prior art, particularly regarding redundancy techniques. Ultimately, the court found that the nature and purpose of the claimed redundancy were fundamentally different from those disclosed in the cited prior art, thereby satisfying the inventive step requirement.
Intelligent Energy Limited v.The Controller General of Patents, Designs & Trade Marks
Intelligent Energy Limited appealed the rejection of its patent application (No. 3716/CHENP/2007) by the Controller General, which held that the invention lacked inventive step due to close resemblance to prior art D1. The appellant argued that their technique for capturing byproduct hydrogen represented a significant improvement over existing technology. The High Court allowed the appeal and remanded the matter for fresh consideration.
Immunas Pharma, Inc. v.Assistant Controller of Patents and Designs, Government of India
Immunas Pharma appealed the rejection of its Indian Patent Application (No.5542/CHENP/2010), which was rejected primarily on grounds that the claimed 6E4 antibody was an inherent feature and not patent-eligible under Section 3(c) as it was discovered in nature. The High Court set aside the rejection, holding that the specific method of production made the antibody patentable.
Imclone LLC v.Assistant Controller of Patents and Designs, Government of India
Imclone LLC appealed the rejection of its patent application for an antibody targeting PDGFR alpha, which was rejected under Section 3(c) as being a naturally existing substance. The appellant argued that the antibody was generated through complex hybridoma and transgenic mouse technology, making it recombinant and non-naturally occurring. The High Court set aside the rejection order, finding that the claimed invention was not excluded from patent protection.
Immunas Pharma, Inc. v.Assistant Controller of Patents and Designs, Government of India
Immunas Pharma appealed the rejection of its patent application for an antibody capable of binding to A-beta oligomers. The rejection was based on the grounds that the antibody was a natural nonliving substance and thus not patentable under Section 3(c) of the Patents Act, 1970. The High Court set aside the rejection order.
Genmab A/S v.Assistant Controller of Patents and Designs, Government of India
Genmab A/S appealed the rejection of its patent application (No. 4718/CHENP/2007) for a monoclonal antibody targeting human CD38. The respondent argued that the antibody was merely a discovery of a naturally existing molecule, thus ineligible under Section 3(c). The High Court set aside the rejection, finding that the antibody was produced through substantial human intervention and possessed inventive step.
Micro Labs Limited v.The Controller Of Patents
Micro Labs Limited filed this Commercial Suit seeking the revocation of Indian Patent No. 243301 and an injunction against Boehringer Ingelheim Pharma GMBH Co. KG. The court noted that the same parties were involved in related proceedings before the Delhi High Court. Consequently, the application to withdraw the suit was allowed.
Industeel France v.The Assistant Controller of Patents, Design, Trade Mark And Geographical Indications Patent Office
Industeel France appealed against the rejection of its patent application (No. 119/CHENP/2007) by the Assistant Controller of Patents. The appellant argued that the Controller repeatedly changed objections and prior arts, causing procedural inconvenience. The High Court allowed the appeal, setting aside the rejection order and remanding the matter for fresh examination.
Rexcin Pharmaceuticals Private Limited v.The Registrar of Trade Marks
The Madras High Court intervened in a protracted dispute involving the renewal of the trademark 'GENTALENE.' The petitioner sought relief against the Registrar, who had refused renewal citing statutory limitation. The court found that the Trade Marks Registry's own extreme delay—taking over 32 years to issue the registration certificate despite multiple assignments and opposition dismissals—rendered its insistence on strict adherence to limitation rules unjust. Consequently, the High Court directed the Registry to accept the renewal application, effectively overriding the procedural lapse caused by administrative inaction.
M/S. Serveshwar Food Products Pvt. Ltd. v.Mr. Sachin Gupta Trading As M/S Jai Balaji Grah Udyog & Anr.
The Delhi High Court granted an ex-parte ad interim injunction in favor of M/S. Serveshwar Food Products Pvt. Ltd. against the Defendants for alleged trademark infringement and passing off related to the 'LACY' brand. The court allowed the Plaintiff to conduct a search and seizure operation at the Defendants' premises using Local Commissioners, aiming to prevent further unauthorized use of deceptively similar marks like 'LECY'. This order establishes strong preliminary protection for the Plaintiff's established goodwill in the FMCG sector.