India IP Litigation
7,167 annotated decisions
Page 93 of 299 · 7,167 total
Techpolymers Industria E Comercio Ltda v.The Deputy Controller of Patents and Designs, The Patent Office
The appellant challenged the rejection of its patent application by the Controller, which cited lack of inventive step and objected to an amendment under Section 59. The High Court found that the Controller failed to consider the explanations regarding prior art and misinterpreted the substance of the amended claim. Consequently, the appeal was allowed and remanded for fresh consideration.
Gunakar Private Limited v.Assistant Controller of Patents & Design, The Patent Office
Gunakar Private Limited filed a Transfer Civil Miscellaneous Appeal challenging an order dated 22nd February, 2019, passed by the Assistant Controller of Patents & Design regarding patent application no. 201621033630. The appeal sought to quash the rejection and allow the claims.
Tvs Motor Company Limited v.The Controller of Patents and Designs
TVS Motor Company Limited appealed the refusal by The Controller of Patents and Designs to grant a patent for its invention concerning a pull starter mechanism for a scooter. The rejection was based on a lack of inventive steps. The High Court allowed the appeal, allowing the appellant to consider amended claims, and remanded the matter to another Patent Controller.
Gujarat Co-Operative Milk Marketing Federation Ltd. v.Sarda Dairy & Food Products Limited
The Delhi High Court decreed the trademark infringement suit filed by Gujarat Co-Operative Milk Marketing Federation Ltd. (Amul) against Sarda Dairy & Food Products Limited. The judgment was reached after both parties entered into a comprehensive settlement agreement. Defendant No. 1 acknowledged that the plaintiff's trademarks and trade dress were valid, and undertook to cease all use of similar marks/labels. Consequently, the court upheld the terms of this settlement, granting relief to Amul.
Mansoor Ahamed v.The Registrar of Trade Marks
The Madras High Court allowed Mansoor Ahamed's appeal against the Registrar of Trade Marks' refusal to register his trademark 'ATTITUDE' under Class 25. The court found that the appellant's mark was inherently distinctive, possessed a unique graphical representation, and had established international recognition and market presence. Consequently, the matter was remanded back to the Registry for fresh consideration in light of the High Court's observations.
Purshotam Keshwani & Ors. v.Nishant Mitrasen Mahimtura & Ors.
The Delhi High Court addressed an application regarding alleged non-compliance with a prior injunction restraining the use of the trademark 'LIBAS'. The court clarified that while the defendants were previously granted a limited, temporary exception allowing them to use a specific logo format ('RIYAZ GANGJI' in bold with 'LIBAS' underneath), this pro tem arrangement did not supersede the original comprehensive injunction. The court directed the parties to engage in settlement talks regarding any alleged violations of the standalone mark 'LIBAS', setting a date for compliance.
Bayona Spa v.Varun Exports & Ors.
The Delhi High Court disposed of a petition concerning a trademark dispute between Bayona Spa and Varun Exports & Ors. The court noted that the respondents had filed an application to withdraw the impugned mark before the Trademarks Registry. Consequently, the petitioner's relief was deemed infructuous, leading the court to issue directions for the Registrar of Trademarks to cancel the registration No. 4188398 in class 25.
M/s.D.R.Raanka Bros v.Mr.Sumti A.Challani & M/s.Challani Ranka Jewellery
The Madras High Court allowed petitions filed by M/s. D.R. Raanka Bros seeking rectification of registered trademarks held by Mr. Sumti A. Challani and M/s. Challani Ranka Jewellery. The court found a 'striking similarity' between the petitioner's established marks (D.R./D.R.Raanka Bros) and the respondent's newly registered marks (C.R.J., C.R.), which were obtained after 2003. Consequently, the Registrar of Trade Marks was directed to rectify the register within three weeks.
M/S. Apex Laboratories Pvt. Ltd. v.M/S. Elder Projects Limited
Apex Laboratories Pvt. Ltd filed a suit against Elder Projects Limited alleging trademark and copyright infringement concerning the use of deceptively similar marks like ZINCODER for pharmaceutical products. The plaintiff sought permanent injunctions, destruction of infringing materials, and damages. However, the parties successfully reached an amicable resolution through mediation.
Novozymes A/S v.The Controller of Patents
Novozymes A/S appealed an order by The Controller of Patents rejecting its application for a patent on 'Enzyme Dehairing of Skins and Hides'. The rejection was based on lack of inventive step and being contrary to public order (harm to animals).
Vifor International Ltd & Anr. v.MSN Laboratories Pvt Ltd & Anr., Corona Remedies Pvt Ltd, Dr Reddys Laboratories Ltd
Vifor International Ltd challenged an interim injunction order that restricted its patent claims by interpreting product-by-process claims as limited only to the specific manufacturing process. The Delhi High Court addressed this significant issue, clarifying that the scope of a patent claim cannot be unduly narrowed merely because it is described using a 'product-by-process' format. The court emphasized that claim construction must define the full scope of protection granted by the patent, allowing the suit proceedings to continue based on this clarified legal position.
Vifor International Ltd v.MSN Laboratories Pvt Ltd
Vifor International Ltd challenged an interim injunction order that restricted its patent claims to only the manufacturing process. The Delhi High Court addressed the critical issue of product-by-process claims, emphasizing that the scope of a patent monopoly cannot be limited solely by the process used to obtain the product. The court clarified that claim construction must define the full scope of the invention as disclosed in the complete specification, allowing for broader protection than merely the method.
Vifor (International) Limited v.Msn Laboratories Pvt Ltd
Vifor (International) Limited appealed an interim injunction order that restricted its claims to only the process aspect, arguing against the narrow interpretation of product-by-process patents. The Delhi High Court addressed the significant issue of how such claims should be construed under the Patent Act, 1970. The court clarified that a patent's scope cannot be limited solely by the process used, emphasizing that claim construction must define the full extent of the monopoly granted to the patentee. Consequently, the appeals were allowed and the restrictive judgment was set aside.
Smt. Uma Rathi v.Keshavdeep Iron Traders Pvt. Ltd.
Smt. Uma Rathi initiated proceedings in the Delhi High Court seeking the cancellation of the trademark 'Ratni Power' registered by Keshavdeep Iron Traders Pvt. Ltd., citing grounds under Sections 9, 11, and 18 of the Trade Marks Act, 1999. The court granted exemptions for filing certain documents while simultaneously directing that notice be issued to the respondents. This marks the formal commencement of litigation challenging the validity and registration of the disputed trademark.
A.D.Padmasingh Isaac & M/s.Aachi Masala Foods Private Limited, M/s.Flora Foods v.Karaikudi Aachi Biriyani Mandi, Zomato Limited, Swiggy India
The Madras High Court addressed a suit filed by A.D. Padmasingh Isaac and associated entities alleging trademark infringement and passing off by Karaikudi Aachi Biriyani Mandi, alongside online platforms Zomato and Swiggy. The plaintiffs sought permanent injunctions against the use of deceptively similar names like 'KARAIKUDI AACHI BRIYANI MANDI' and mandatory orders to remove these listings from digital platforms. While the judgment details the extensive claims for injunctions and removal, it does not provide a final conclusive ruling on all reliefs in this excerpt.
Bombay Metal Works P. Ltd. v.R.S. Industries Regd. & Anr.
The Delhi High Court granted an ex parte ad-interim injunction in favor of Bombay Metal Works P. Ltd., preventing R.S. Industries Regd. & Anr. from continuing to use packaging that is deemed deceptively similar to the plaintiff's trade dress for Ball Head Racers. The court found a prima facie case regarding the defendants' attempt to pass off their products as those of the plaintiff, noting the similarity in color combination and overall get-up despite differences in trademarks.
M/S.Wensar Weighing Seales Limited v.The Tintometer Limited
The Madras High Court dismissed the petition filed by M/S. Wensar Weighing Seales Limited against The Tintometer Limited. The petitioner had sought to remove and expunge the trademark registration 'TINTOMETER' from the register, citing grounds of wrongful registration or non-use. However, due to the petitioner's failure to appear before the court on two successive occasions, the petition was dismissed for default.
Sfp Sons India Private Limited v.Mr. Jitender Singh
The Madras High Court addressed a suit filed by Sfp Sons India Private Limited concerning the alleged infringement and passing off of its registered trademark 'JASS' by Mr. Jitender Singh, trading as M/s. Sri Vidhiya Agencies. The court found that the defendant was liable for infringing the plaintiff's rights through the use of deceptively similar marks like 'JAAS'. Consequently, the court granted a permanent injunction restraining the defendant from further misuse and directed the payment of suit costs to the plaintiff.
Glenmark Pharmaceuticals Ltd. v.Mylan Laboratories Limited
The Madras High Court ruled in favor of Glenmark Pharmaceuticals, allowing its appeal against the Trade Mark Registry's rejection of its opposition. The core issue was the strict adherence to timelines regarding evidence submission. The court held that while deadlines are necessary for discipline, they should not extinguish a party's substantial rights, especially when those rights face imminent threat from registration. Consequently, the opposition has been restored and the matter is directed to be disposed of according to law.
M/s.Shambhunath & Bros v.Jai Rajendra Impex Pvt. Ltd.
The Madras High Court dismissed the petitions seeking rectification of trade mark registrations 'THUFAN' in Tamil and Telugu. The petitioner, M/s. Shambhunath & Bros, claimed prior use of the similar mark 'TOOFAN' since 1987, but the court found evidence suggesting that the predecessors-in-title of the respondent were the prior adopter and user. Consequently, the court held that the technical contraventions cited by the petitioner (such as lack of translation or failure to state period of use) were not sufficient grounds for cancelling the existing registrations.
Saint-Gobain Placo v.Pooja Industries (Indigyp Frames)
The case involves a dispute over patent infringement where the plaintiffs allege that the defendant has infringed their patents. The parties have reached a consent decree to resolve the matter amicably.
Astrazeneca Ab & Anr. v.Azista Industries Pvt Ltd & Ors.
The suit concerns the infringement of Plaintiff No. 1's patent (IN 297581) related to the drug Osimertinib, a second-line treatment for non-small cell lung cancers. The Plaintiffs sought an ad interim injunction against the Defendants who were allegedly manufacturing and selling infringing versions under the brand OSITAB.
Rich Products Corporation v.The Controller Of Patents & Anr.
Rich Products Corporation filed a writ petition challenging an order that dismissed its pre-grant opposition and permitted the grant of Indian Patent No. 449435. The Court held that since effective mechanisms like post-grant opposition or revocation petitions exist under the Patents Act, 1970, the writ petition could not be entertained.
Gala Industries, Inc. v.Controller of Patents and Designs, Government of India
Gala Industries appealed the rejection of its patent application for a 'Centrifugal Pellet Dryer Screen With Integral Embossed Deflector Strips'. The rejection was based on lack of inventive step, relying on prior arts D1 and D3. The High Court found merit in the appellant's submissions, noting that the invention improved upon D1 by using embossing instead of nut-bolting.