India IP Litigation
7,167 annotated decisions
Page 94 of 299 · 7,167 total
M/S Sana Herbals Pvt. Ltd. v.Dehlvi Remedies Pvt. Ltd.
The Delhi High Court consolidated multiple trademark-related suits, including infringement and rectification petitions, involving M/S Sana Herbals Pvt. Ltd. and Dehlvi Remedies Pvt. Ltd. The court framed a comprehensive set of 11 issues to be determined during the trial. These issues cover core disputes such as trademark infringement, passing off, validity of registrations, and the scope of assignment rights related to the mark 'DEHLVI'. This consolidation streamlines the litigation process for both parties.
Hp Organic Foods Private Limited v.Shree Khatu Shyam Agro Foods & Ors.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Hp Organic Foods Private Limited against Shree Khatu Shyam Agro Foods & Ors. The court allowed procedural exemptions for the plaintiff, including filing additional documents and waiving pre-litigation mediation. Crucially, regarding the injunction application (Order XXXIX), the court noted the plaintiff's claims of extensive sales and deceptive similarity in the 'INDANA FRESH' brand used by the defendants. The court directed notice to the defendants and mandated them to maintain detailed accounts of their product sales.
Srinath Kumbargeri Venkatachalappa v.C.A. Shivaram & Anr.
The Delhi High Court addressed several interlocutory applications in trademark disputes involving the brand 'PARIMALA COFFEE'. The court granted exemptions regarding document submission formats, allowing the petitioner flexibility due to logistical constraints. Crucially, the court also allowed the petitioner to file digitally signed and notarized affidavits despite their attorney being abroad, streamlining procedural requirements for complex IP litigation.
United Foods Public Company Limited v.The Registrar of Trade Marks
The Madras High Court allowed United Foods Public Company Limited's appeal against the Registrar of Trade Marks' refusal to register its word mark 'YOYO'. The Registry had cited striking similarity to several existing marks. Recognizing that the appellant was willing to modify the application, the court remanded the matter back to the Respondent. The Appellant is now directed to amend the application into a label mark within eight weeks, allowing the Registrar to re-examine the modified mark.
The Regents Of The University Of California v.Controller General Of Patents, Designs & Trademarks & Anr.
The Regents of the University of California appealed a rejection order issued by the Controller General of Patents regarding their patent application for 'Blockade of Inflammatory Proteases with Theta Defensins'. The rejection primarily hinged on objections related to novelty and inventive step, compounded by concerns over the permissibility of claim amendments under Section 59(1) of the Patents Act. The Delhi High Court ultimately ruled in favor of the appellant, holding that the amendments served only as explanations or incorporated facts already disclosed, thereby allowing the application to be remanded for fresh examination.
Arthrogen Gmbh v.Controller General Of Patents, Designs And Trademarks and Anr
Arthrogen Gmbh appealed the rejection of its Indian patent application for a method involving gold particle enrichment of blood serum. The Patent Office had rejected the claim under Section 3(i) and 3(j) of the Patents Act, arguing it constituted a 'method of treatment.' Arthrogen successfully argued that the claims were directed towards a novel 'method of producing' a substance, not a direct method of treating humans. Consequently, the Delhi High Court set aside the rejection order and remanded the matter for fresh consideration.
Equitas Small Finance Bank Limited v.3Sk Innovations Pvt. Ltd.
The petitioner invoked Section 64(1) of the Patents Act, 1970, to seek the revocation of Indian Patent 307627. The court granted exemption and issued notice to all respondents, directing them to file their replies within specified timelines.
Hero Investcorp Private Limited And Anr. v.Diamond Autos
In a suit concerning the alleged infringement of 'HERO' trademarks, Hero Investcorp Private Limited sought various interim reliefs against Diamond Autos. The Delhi High Court addressed several interlocutory applications, granting exemptions from pre-institution mediation and advance service due to urgency. Crucially, the court permitted the appointment of a Local Commissioner to inspect the defendant's premises in Ludhiana to verify the alleged counterfeit products, setting the stage for further proceedings on the injunction application.
Hindustan Unilever Ltd v.Azizur Rahaman And 4 Ors
The Bombay High Court allowed Hindustan Unilever Ltd's petition to combine its claims for passing off with those for trademark and copyright infringement. This strategic move aims to streamline litigation by consolidating multiple causes of action into a single proceeding. Consequently, the court expanded the existing ad-interim injunction, reinforcing the restraint on defendants from manufacturing or trading goods that deceptively resemble HUL's distinctive brands like Lakme and its associated artistic works.
P.Sathish Kumar v.Christu Krupa Broadcasting Private Limited
The Madras High Court dismissed the petition filed by P.Sathish Kumar seeking rectification of a trademark entry (No. 4074848 in Class 3). The court noted that the petitioner failed to appear before the court on two successive occasions, leading to the dismissal of the Transfer Original Petition for default.
M/S Rspl Health Private Limited v.Reckitt And Colman Overseas Hygiene Home Limited & Anr.
M/S Rspl Health Private Limited appealed the rejection of its application to rectify the trademark 'HARPIC DRAINXPERT'. The core dispute revolves around whether Reckitt & Colman's use of a similar mark, specifically 'DRAIN XPERT POWDER', constitutes infringement or grounds for rectification. The appellant argues that the slight variation in spelling and presentation is deceitful and confusingly similar to their registered trademark. The court has listed the matter for further hearing to consider these complex arguments regarding similarity and deceptive intent.
Macleods Pharmaceuticals Ltd. v.Alkem Laboratories Ltd. & Anr.
Macleods Pharmaceuticals filed an application seeking permission from the Delhi High Court to initiate trademark rectification proceedings against Alkem Laboratories. The core issue was challenging the validity of the Defendant's registered mark, ALSITA, in Class 5. The court accepted notice and scheduled the matter for further hearing, allowing the parties time to file their respective responses.
Nutraceutical Wellness Inc. v.Dhruvil Damajibhai Zadafiya As D D Fashion & Anr.
Nutraceutical Wellness Inc. initiated proceedings before the Delhi High Court seeking the cancellation of a trademark registration held by the respondent. The petitioner argued that their internationally registered and long-standing wordmark, 'NUTRAFOL,' relates to over-the-counter hair growth products. The court accepted the petition and directed the issuance of notice to the respondents, setting the stage for further litigation regarding the validity and use of the mark.
Ads Spirits Pvt. Ltd. v.Shubhom Juneja
The Delhi High Court granted an interim injunction favoring Ads Spirits Pvt. Ltd. against Shubhom Juneja regarding alleged trademark infringement and passing off of whisky. The court found a prima facie case based on the near-identical nature of the trade dresses and packaging used for 'Royal Green' and 'Royal Queen' whiskies, coupled with phonetic similarity between the names. This order temporarily restricts the defendant from introducing further products in the confusing manner.
Yashoda Super Specialty Hospitals & Anr. v.Yashoda Hospital And Research Center Limited & Anr.
The Delhi High Court dismissed an appeal filed by Yashoda Super Specialty Hospitals challenging a Single Judge's order that had set aside a trademark rectification order. The core dispute centered on whether the respondent received proper notice of the rectification proceedings before its trademark was removed from the register. The court ultimately found no error in setting aside the initial review petition, emphasizing that ambiguity regarding service should benefit the party seeking relief.
Waterotor Energy Technologies Inc. v.Union Of India & Anr.
The petitioner filed a writ petition seeking to set aside an order deeming abandonment of its Indian Patent Application (No. 202017037539) under Section 21(1) of the Patents Act, 1970. The petitioner claims they received no information regarding the response deadline for the first examination report and that the failure was due to lack of communication from the Second Patent Agent (SPA).
Paratek Pharmaceuticals, Inc. v.Assistant Controller of Patents and Designs, Government of India
Paratek Pharmaceuticals challenged an order rejecting its patent application for a tetracycline compound. The High Court found the rejection order bad in law because it failed to consider the appellant's responses and submissions, and because it introduced new objections (claims 9-24) not raised during the hearing notice. Consequently, the court set aside the impugned order and remanded the matter.
M/S.Mysore Commerce & Sales Pvt. Ltd. v.M/s.Anti Surge Fuses & Lamps; M/s.Shri Krishna Industries; The Registrar of Trade Mark
The Madras High Court dismissed the petition filed by M/S.Mysore Commerce & Sales Pvt. Ltd., which sought the removal of a trade mark entry from the Register of Trade Marks. The dismissal was not based on the merits of the case, but rather because the Registry's attempt to serve notice on the petitioner failed due to an incorrect address. Crucially, the Court allowed the petitioner to revive the petition since the failure was attributable to the Registry's inability to effect service.
Daikin Industries Ltd v.Controller of Patents and Designs
Daikin Industries Ltd appealed the rejection of its patent application for a 'Fluorinated Polymer and Surface Treating Agent Composition' by the Controller of Patents and Designs. The appellant argued that the controller had cherry-picked claims and failed to address the final amendments, leading to an avoidable litigation. The High Court allowed the appeal.
Januki Kumari J.B. Rana And Ors v.M/S Modern Industries And Ors
The plaintiffs, partners in M/s Kiran Shoes Manufacturers (Nepal), filed a suit seeking permanent injunction against the defendants for manufacturing and selling counterfeit sports shoes under the plaintiff's registered trademark "GOLDSTAR". The court found that the defendants were infringing the trademarks by using identical or deceptively similar marks on their products. Consequently, the suit was decreed with an injunction and costs awarded to the plaintiffs.
Ibrum Technologies v.The Controller of Patents
Ibrum Technologies appealed the dismissal of its patent application for an Intelligent Indoor Air Quality Monitoring System. The rejection was based on non-compliance with various sections of the Patents Act, but the appellant argued that the Controller's proceedings were flawed because their oral submissions were interrupted mid-argument. The Madras High Court allowed the appeal and remanded the matter back to the Controller.
Novartis Ag v.MSN Laboratories Pvt Ltd
The parties presented joint issues to the Delhi High Court. The court framed multiple issues concerning the validity of Indian Patent IN 233161 based on various grounds (prior art, inventive step, etc.) and whether the defendant's manufacture/sale of Eltrombopag Olamine infringes this patent.
Hindustan Unilever Limited v.Balaji Soap Factory
Hindustan Unilever Limited filed a Commercial IP Suit against Balaji Soap Factory regarding the infringement of its artistic work, specifically the VIM label. The parties reached a settlement agreement before the court on February 1, 2024.
The State Of Jharkhand v.Rohit Kumar Gupta & Anr.
The Jharkhand High Court, exercising its Letters Patent Appellate Jurisdiction, disposed of multiple appeals filed by The State of Jharkhand against various respondents. These appeals were decided based on the judgment passed in L.P.A. No. 203 of 2022 and other analogous precedents. The court provided further clarifications and directions while settling these complex patent-related disputes.