India IP Litigation
7,167 annotated decisions
Page 96 of 299 · 7,167 total
E R Squibb And Sons Llc v.Beacon Pharmaceuticals Limited
The Plaintiffs filed a suit alleging that the Defendants were infringing their Indian Patent No. 340060, which covers the drug Nivolumab. The court examined the patent's validity and prima facie case before issuing interim directions.
M/S Mrs. Bectors Food Specialities Ltd. v.M/S National Biscuits And Sweet Mfrs.
The Delhi High Court allowed the plaintiff, M/S Mrs. Bectors Food Specialities Ltd., to implead two additional parties—M/s Satnam Mart Private Limited and M/s JK Print Pack—in its ongoing trademark infringement suit against M/S National Biscuits And Sweet Mfrs. This move was based on evidence gathered during a local commission inspection, which revealed that the defendant's infringing products were manufactured by Satnam Mart and printed by JK Print Pack. The court proceeded to issue summonses to these newly added defendants, ensuring the litigation can proceed against all responsible parties.
havells india limited v.azad singh
Havells India Limited sued Azad Singh for trademark infringement and passing off, alleging that Azad Singh's use of 'REO-LT' on low tension wires deceptively imitated Havells’ registered trademark 'REO'. Havells claimed significant brand recognition and consumer confusion due to the similarity between the marks.
Uzdaroji Akcine Bendrove (Uab) Baltijos Mineraliniu Vandenu Kompanija v.Mr. Sahil Tandon Trading As A And Z Exports International & Anr.
The Delhi High Court allowed the petition filed by Uzdaroji Akcine Bendrove (UAB) against Mr. Sahil Tandon, leading to the cancellation of a registered trademark for 'TICHE' in Class 32. The court found that UAB was the prior and legitimate adopter of the mark since 1998, citing extensive international use and evidence of trans-border reputation spilling over into India. The judgment underscores the importance of proving prior usage and bona fide adoption when challenging a trademark registration.
Vidli Restaurants Limited v.Alok Sovind Chandewar
Vidli Restaurants Limited filed a Commercial Arbitration Application seeking dispute resolution related to its Franchise Agreement with Alok Sovind Chandewar. The core of the dispute involved Vidli alleging that the Respondent was using a deceptively similar mark, constituting trademark infringement post-termination of the agreement. However, the Bombay High Court dismissed the application, ruling that since Vidli was merely a licensee and not the owner of the trademarks, it lacked the legal standing to initiate arbitration over the alleged infringement.
F.Hoffmann-La Roche Ag v.Assistant Controller of Patents and Designs, Government of India
F.Hoffmann-La Roche Ag appealed an order rejecting its patent application for a subcutaneous anti-HER2 antibody formulation. The rejection was based on the product lacking inventive step and being known in the market. The court allowed the appeal, noting that the original decision failed to address 11 out of 12 claims independently.
Fibrocell Technologies Inc. v.Controller Of Patents
Fibrocell Technologies Inc. appealed an impugned order dated February 19, 2019, passed by the Controller of Patents which denied its application (No. 10246/DELNP/2012). The appellant argued that the denial was based on new grounds (lack of enablement) and non-speaking reasons, violating natural justice.
Regenesance B.V. v.Union of India
Regenesance B.V. challenged the Patent Office's order that deemed its patent application abandoned because it failed to reply to the First Examination Report (FER) within the stipulated time. The petitioner argued that the timeline should not be treated as inflexible, especially when procedural delays are common in the patent office process. The Madras High Court agreed, emphasizing that statutory interpretation must promote and preserve scientific temper, allowing for a reasonable view of the matter.
Kaleesuwari Refinery Pvt. Ltd. v.Rathinasamy Gomathy and Registrar of Trade Marks at Chennai
The Madras High Court dismissed a rectification petition filed by Kaleesuwari Refinery Pvt. Ltd. against an existing trade mark registration. The petitioner sought the removal of the impugned device mark, arguing deceptive similarity to its 'GOLD WINNER' brand. However, the court found that the petitioner failed to meet the legal requirements for maintaining the suit. Specifically, the court held that the non-use period prescribed under Section 47(1)(b) had not lapsed following the withdrawal of an earlier petition, and the cause of action under Section 47(1)(a) was barred by prior litigation.
Guangzhou Ruifeng Audio Technology Corporation Limited v.G.Parthasarathi
The Madras High Court dismissed a Transfer Original Petition filed by Guangzhou Ruifeng Audio Technology. The petition sought to remove or rectify the registration of Trade Mark No. 1958762, specifically requesting that the applicant be recognized as the proprietor via assignment. However, due to the petitioner's failure to appear before the court on the scheduled date, the petition was dismissed for default.
M/s.Sailaksh Trading as Hotel Grand Swagath v.M/s.Hotel Swagath, Dhanturi Group of Hotels Pvt. Ltd.; The Registrar of Trade Marks
The Madras High Court dismissed a Transfer Original Petition filed by M/s.Sailaksh Trading as Hotel Grand Swagath against M/s.Hotel Swagath and the Registrar of Trade Marks. The petition sought to remove or cancel the trademark 'HOTEL SWAGATH' (Device) registered in Class-43. The court noted that the proprietors of the petitioner hotel had passed away, leading to the withdrawal of a related infringement suit by the first respondent. Consequently, the Transfer Original Petition was dismissed as abated, though it can be revived by legal heirs.
Sew-Eurodrive Gmbh & Co. Kg v.The Assistant Registrar of Trademarks
The Madras High Court allowed appeals filed by Sew-Eurodrive, setting aside the Trademark Registry's order that declared their marks 'SEW' and 'SEW-EURODRIVE' abandoned. The court criticized the Registry for failing to provide timely alerts regarding procedural changes posted only on its website, noting that applicants cannot be expected to monitor the site 24/7. Consequently, the applications were restored to the file of the Trademarks Registry to proceed based on their merits.
M/s.Nalli Chinnasami Chetty v.Sivakumar G.Nalli
The Madras High Court addressed a civil suit filed by M/s.Nalli Chinnasami Chetty alleging trademark infringement and passing off against Sivakumar G.Nalli and others regarding the 'Nalli' brand. Despite extensive evidence presented by the plaintiff, including proof of long-standing reputation and registration, the court dismissed the core prayers seeking permanent injunctions, rendition of accounts, and damages. The judgment highlights the high burden required for a successful infringement claim in civil court.
M/S.Wensar Weighing Scales Limited v.The Tintometer Limited
The Madras High Court dismissed the Transfer Original Petition filed by M/S. Wensar Weighing Scales Limited against The Tintometer Limited. The petition sought the removal and expungement of two trademark registrations ('Tintometer') based on grounds including wrongful registration and non-use. However, due to the petitioner's counsel failing to provide instructions, the court dismissed the entire petition for default.
Peak Xv Partners Advisors India Llp & Anr. v.John Doe & Ors.
The Delhi High Court allowed the Plaintiffs' application to implead WhatsApp LLC in a trademark infringement suit concerning deceptive online investment schemes. The court found prima facie evidence that certain administrators of the 'Peak XV 1026' WhatsApp group were using the Plaintiff's trademark and images of their Managing Directors to create an impression of authenticity. Consequently, WhatsApp was directed to block access to the implicated accounts and provide subscriber information to aid in identifying the perpetrators.
Levi Strauss And Company v.Vinay Kumar Gupta
The plaintiff, Levi Strauss & Company, filed a suit alleging that the defendants were clandestinely manufacturing, storing, and distributing infringing apparel using deceptively similar trademarks to its registered brand 'LEVI'S'. The court found that the defendant adopted the trademark/label 'Levi', leading to a decree in favor of the plaintiff.
Ms Dolphin International Pvt. Ltd. v.Vinod Kumar Khatri
The plaintiff, an export company, filed a suit against its former employee, Vinod Kumar Khatri, alleging that he breached his employment contract by disclosing confidential business secrets and client information to a competitor. The plaintiff sought damages of Rs. 7,50,000/- for the alleged irreparable loss.
Sumitomo Shi FW Energia Oy v.Deputy Controller of Patents and Designs, Government of India
The appellant challenged the refusal order by the Deputy Controller of Patents, which rejected its patent application for a circulating fluidized bed boiler due to lack of inventive steps. The appellant argued that their improvisation introduced significant advantages over prior art, such as reduced heat exchanges and improved efficiency. The Madras High Court set aside the impugned proceedings and remanded the matter for fresh consideration.
Mimozax Co., Ltd. v.Assistant Controller of Patents and Design, Patent Office Chennai
Mimozax Co. appealed the rejection of its patent application for an anti-obesity composition derived from Acacia, which was refused based on several grounds including reliance on undisclosed prior art. The High Court found that the Controller failed to provide all relevant materials to the appellant and emphasized the doctrine of fairness in patent proceedings.
Amba Motorcyles Thr. Sh. Sanjeev Kapoor / Top MotoComponents Private Limited v.Mahavir Prasad
In a significant development for trademark litigation, the Delhi High Court allowed an application to replace one plaintiff with its successor-in-interest, Top MotoComponents Private Limited, who had acquired the assets and liabilities related to the 'TOP' trademark. Furthermore, the court subsequently accepted a joint application from both parties, leading to the suit being decreed based on the terms of a comprehensive settlement agreement. This outcome provides clarity on succession in IP disputes while finalizing the underlying commercial dispute.
SRF Limited v.Solvay S A & Anr.
SRF Limited filed a petition seeking revocation of Patent No. IN331314, titled 'PROCESS FOR THE PREPARATION OF HALOGENATED CARBOXYLIC ANHYDRIDES', which was granted to Respondent no. 1. The petitioner claims that the patent ought not have been allowed due to various prior art and prior use evidence.
Bawa Masala Co Pvt Ltd v.Bawa Masala Co & Anr.
The Delhi High Court addressed an appeal challenging the Trademarks Office's decision regarding the abandonment of an opposition. The core issue was whether service effected via email to a correct address constituted sufficient legal notice, allowing the opposition timeline to begin. Despite arguments that sending an email is a recognized mode of service, the court ruled that mere dispatch creates only a presumption, which can be rebutted by the recipient demonstrating non-receipt. Since the opponent successfully proved they never received the counter statement, the appeal was dismissed.
Tajinder Soap And Chemicals Pvt Ltd v.The Controller General Of Patents Design and Trade Marks Registry At New Delhi & Ors.
The Delhi High Court allowed a petition seeking cancellation of a trade mark registration, finding that the renewal was administratively irregular and illegal. The court noted that the mark had lapsed in 2007, and despite subsequent public notices offering opportunities for revival, the owner failed to act. Crucially, the court found that the Registry erroneously revived the expired mark after nearly fourteen years through an interlocutory petition, leading to its cancellation.
Gsp Crop Science Pvt. Ltd. v.Devender Kumar
GSP Crop Science Pvt. Ltd. filed a suit alleging infringement of its Suit Patent (IN384184) concerning a liquid composition of Pendimethalin and Metribuzin. The Plaintiff claimed that the Defendant launched an imitation product named 'Pendamic' which matched the claims of the patent. Based on the prima facie case established, the Court granted an ex-parte ad interim injunction.