India IP Litigation
7,068 annotated decisions
Page 9 of 295 · 7,068 total
Banayan Tree Services Ltd & Anr. v.John Doe & Anr. (including WhatsApp LLC)
The Delhi High Court addressed several interlocutory applications in a suit concerning trademark infringement and impersonation. The court granted the plaintiffs leave to file additional evidence, exempted them from mandatory pre-litigation mediation due to the urgent nature of the relief sought, and directed WhatsApp (Defendant No. 2) to provide Basic Subscriber Information (BSI) for implicated mobile numbers. Furthermore, the court acknowledged the cyber fraud aspect of the case, directing steps be taken by the Cyber Police Station regarding the filed Crime Incident Report.
Indian Express And Commercial Ventures and ... v.Fundamental Hospitality Private Limited and ...
The Bombay High Court dismissed the Plaintiff's interim application seeking to restrain the Defendants from using the mark 'HOM'. The court found that the Plaintiff failed to establish a prima facie case for trademark infringement and passing off. Key factors included the lack of sufficient evidence demonstrating substantial goodwill associated with the acronym 'HOM', the distinct calligraphy used by the Defendant, and the fact that both restaurants cater to discerning customers in premium segments, making confusion unlikely.
Dr.Vishwanath Padmanabhan v.The Joint Controller of Patents & Designs, Head of Office, Patent Office Chennai
Dr. Vishwanath Padmanabhan challenged the Patent Office's decision to deem his invention application withdrawn under Section 11B(4) due to a technical uploading error in the e-filing portal. The court found that since the petitioner intended to proceed and had paid all requisite fees, the rejection was unjust.
Kirti Dal Mills Limited v.Rajesh Lunkad
Kirti Dal Mills Limited challenged an order that stayed its Commercial Suit No. 1 of 2024, citing the pendency of a previous suit. The core dispute involved claims of passing off and copyright infringement related to edible oils under the brand 'CHAMPION'. The High Court found that the trial court misinterpreted the provisions of the Trade Marks Act and the Commercial Courts Act while applying Section 10 CPC. Consequently, the impugned stay order was quashed, allowing the commercial suit to proceed.
Edward Charles Troppi Smythe v.The Controller General Of Patents Designs And Trade Marks, Joint Controller Of Patents And Designs, Union Of India
The petitioner filed an Indian patent application related to satellite conjunction prediction. The deadline for filing the request for examination lapsed because the Indian Patent Agent mistakenly calculated the deadline, leading to a rejection by the Patent Office. The court allowed the petition, finding that there was no intent to abandon the application.
Edward Charles Troppi Smythe v.The Controller General Of Patents Designs And Trade Marks
The writ petition was filed seeking direction to accept and process an Indian Patent Application (IN202447028876) after the statutory deadline for filing a request for examination lapsed. The lapse occurred due to an inadvertent calculation error by the petitioner's Indian patent agent, who mistakenly used the second priority date instead of the first.
Incyte Holdings Corporation v.Zydus Lifesciences Limited
The Delhi High Court passed several orders in CS(COMM) 1356/2025. The court granted exemption from pre-institution mediation due to the urgent nature of interim relief, allowed applications for discovery and additional documents, and addressed an ad-interim injunction request.
M/S BRAHMAPUTRA DISTILLERY AND ANR v.ASSOCIATED ALCOHOL AND BEVERAGES COMPANY
This appeal was filed by M/S Brahmaputra Distillery against an ad-interim injunction granted by the Civil Judge, Jorhat. The underlying commercial suit involved claims of trademark infringement and passing off concerning the product 'Raagi' and its packaging. However, the Gauhati High Court ultimately dismissed the appeal on preliminary grounds, ruling that due to the specific mandate of Section 13(1) of the Commercial Courts Act, 2015, the appeal ought to have been filed before the District Judge, Jorhat.
Kannan Gopalakrishnan v.Controller of Patents
Kannan Gopalakrishnan challenged the proceedings of the Controller of Patents, arguing that his patent application for 'Solar Supplemental Power Source' was rejected and subsequently his review petition was dismissed without giving him a fair hearing opportunity. The petitioner sought to demonstrate the working prototype before the Patent Office.
Baldev Raj v.Brothers Tobacco & Ors.
The Delhi High Court granted Baldev Raj limited permission to introduce registered trademark certificates into the ongoing passing off suit against Brothers Tobacco. This relief was contingent upon a strict clarification: the Petitioner could not use these documents to convert the cause of action from passing off to infringement. The court emphasized that since the Petitioner possessed these registration details prior to framing issues, they must adhere strictly to the original claim of passing off.
Ultratech Cement Limited v.Ambush Cement Private Limited
Ultratech Cement Limited filed an application seeking permission from the Delhi High Court to challenge the validity of trademarks registered by Ambush Cement Private Limited. The court accepted notice and directed both parties to file their respective replies and rejoinders within specified timelines. This order sets the stage for a formal challenge to the defendants' trademark registrations before the Joint Registrar.
Gibraltar (Uk) Limited v.The Registrar Of Trade Marks
Gibraltar (Uk) Limited appealed the rejection of its trademark application for 'PROMAX' under Class 31, arguing that it was a prior user and should be accepted despite objections based on similarity to existing marks. The Madras High Court upheld the Registrar's decision, finding that the appellant’s mark was deceptively similar to cited marks already registered in the same class. The court emphasized that registering the single word 'PROMAX' would create an undue monopoly over a common formative mark.
R P Scherer Technologies Llc v.The Patent Office of India
The petitioner challenged the rejection of its Indian Patent Application (No. 202127050600) by the Assistant Controller on grounds of lacking inventive step. The core issue was whether the claimed formulation for oral delivery of poorly permeable proteins/peptides was non-obvious over cited prior art. Given the technical nature, the Court appointed a Scientific Advisor to render an opinion.
Dasaprakash Restaurant And Ice Cream Parlour Pvt.Ltd. v.The Deputy Registrar of Trademarks
The Madras High Court dismissed an appeal filed by Dasaprakash Restaurant and Ice Cream Parlour Pvt.Ltd., which sought to record its rights as a subsequent proprietor of the 'Dasaprakash' trademark. The court upheld the Trademark Registry's rejection, ruling that the transfer agreement was void ab initio because it was executed while the original proprietor, Balakrishna Rao, was legally incompetent due to insolvency proceedings. Furthermore, the court emphasized that since the mark was a family mark jointly owned by legal heirs, no single proprietor could unilaterally transfer rights.
Max India Investment Services Private Limited v.Union Of India & Ors.
The Delhi High Court stayed an order from the Ministry of Corporate Affairs that had directed petitioner, Max India Investment Services Private Limited, to change its name. The dispute arose because a respondent company claimed the petitioner's name was too similar to their registered trademarks ('MAX' and 'Max India Limited'). The court found that since the petitioner has been using the name incorporating 'Max India' since 2007, it established a prima facie case for interim relief. Furthermore, the parties were referred to mediation to explore an amicable resolution.
Hero Investcorp Private Limited Anr. v.Venuse Automobile
Hero Investcorp Private Limited filed a suit against Venuse Automobile alleging trademark infringement and passing off related to the 'HERO' brand. The Delhi High Court granted several interim reliefs in favor of the Plaintiffs, including an ex parte ad-interim injunction. Furthermore, the court appointed a Local Commissioner with powers to inspect the Defendant's premises, seize infringing auto parts bearing the HERO marks, and ascertain the stock value, signaling strong initial support for the Plaintiff's claims.
Rajput Jewellers Pvt Ltd v.Union Of India
The Delhi High Court addressed a petition filed by Rajput Jewellers Pvt Ltd challenging an ongoing complaint lodged against it by a third party regarding trademark ownership. The petitioner sought interim relief to prevent adverse orders from the Regional Director, Northern Division. While dismissing the apprehension of arbitrary action, the court issued a crucial direction, mandating that the Regional Director must dispose of the Section 16(1)(b) complaint after thoroughly considering all submissions and granting a proper hearing to all concerned parties.
Prabin Kumar Shah v.Manoj Kumar Jagnani And Ors
The Calcutta High Court heard an application for rectification filed by Prabin Kumar Shah seeking cancellation of Trademark No. 1553036 in Class 30. The court noted that the respondent's mark appeared to be slavishly imitating the petitioner's mark. Given the respondent's proposal to change the impugned mark (in color and font), the Court granted them an opportunity to revise it, while also directing them to adhere to a prior binding decree from the District Court at Bokaro.
Koninklijke Philips N.V. v.M/S Electrical Master
Philips filed a suit against Electrical Master for infringing its registered trademarks (PHILIPS), copyrights, and design rights concerning its Advanced Beard Trimmer Series 3000. The court found in favor of Philips, granting permanent injunctions, damages, and costs.
Super Milk Products Private Limited v.Pyare Lal Laxmi Narayan And Sons
The Plaintiff sued the Defendant for trademark infringement after the Franchise Agreement terminated. The Plaintiff alleged that the Defendant was clandestinely using a deceptively similar brand name, 'Cuppa Kevanter', which led to passing off of the Plaintiff's well-known trademark 'Keventers'.
Italfarmaco Spa v.Deputy Controller of Patents & designs
Italfarmaco Spa filed an appeal challenging a previous order by the Deputy Controller of Patents & Designs rejecting the grant of patent for Application No.10810/CHENP/2012. The High Court examined whether the Original Side Appeal was maintainable under Clause 15 of Letters Patent, considering the provisions of the Commercial Courts Act.
Trutzchler Gmbh And Co Kg Limited v.The Controller General Of Patents
The appellant challenged the Controller's decision to reject its patent application (1250/KOL/2009) primarily on grounds of lacking inventive steps. The appellant argued that the reintroduction of this objection after amendments and previous hearings violated natural justice principles. The High Court found that the procedure was against the scheme of the Act, setting aside the rejection order.
Novo Nordisk A/S v.Dr Reddys Laboratories Limited & Anr.
Novo Nordisk A/S appealed an order where a Single Judge found infringement and granted limited relief to Dr Reddys Laboratories Limited. The appeal centers on whether the suit patent (IN 2626971) is vulnerable to invalidity under Section 64 of the Patents Act, given that the learned judge found the claim obvious from prior art.
Italfarmaco Spa v.Deputy Controller of Patents & Designs
Italfarmaco Spa filed an appeal challenging the order passed by the Single Judge of the High Court of Madras. The core issue was whether this Original Side Appeal (OSA) was maintainable under Clause 15 of the Letters Patent, given that the original matter involved a rejection of patent grant under Section 15 of the Patents Act, 1970. The court held that since an appeal mechanism already existed under Section 117A of the Patents Act, the intra-Court Appeal under Clause 15 was not maintainable.