India IP Litigation
7,167 annotated decisions
Page 97 of 299 · 7,167 total
Gujarat Cooperative Milk Marketing Federation Ltd & Anr. v.Chetan Padilya & Ors.
The Delhi High Court confirmed an existing injunction protecting Gujarat Cooperative Milk Marketing Federation Ltd's trademark rights against specific infringing content published by the defendant. Crucially, the court clarified that this injunction is not a 'gag order.' While the defendant must refrain from publishing articles identical or similar to the impugned material and avoid derogatory remarks, they retain the right to engage in lawful discourse comparing plant-based beverages with dairy milk products.
Living Seed Technologies Llp. v.Karthikeya Crop Technologies
The Madras High Court addressed a Civil Revision Petition filed by Living Seed Technologies LLP against Karthikeya Crop Technologies regarding Trade Mark Application No. 4972011. The petitioner sought an expedited resolution to an ongoing opposition petition, citing prior injunctions obtained in civil courts concerning passing off. The court directed the Registrar of Trademarks to dispose of the interlocutory petition promptly and further mandated that no certificate of registration be issued until the matter is resolved.
Gold Medal Electricals Pvt Ltd v.Riddhi Siddhi Electricals
Gold Medal Electricals Pvt Ltd filed a Leave Petition before the Bombay High Court to initiate a trademark suit against Riddhi Siddhi Electricals. The petitioner sought leave despite having an office in Mumbai. The court examined the jurisdiction clause and confirmed that Section 134 of the Trademarks Act, 1999, grants this court jurisdiction based on the plaintiff's business location. Consequently, the court held that no special leave was required and made the petition absolute.
Gold Medal Electricals Pvt Ltd v.C.K. Electricals
Gold Medal Electricals Pvt. Ltd. filed a Leave Petition before the Bombay High Court to initiate a trademark infringement suit against C.K. Electricals. The petitioner sought leave despite the defendants operating outside Mumbai, arguing that jurisdiction could be established based on the plaintiff's business presence in Mumbai under Section 134 of the Trademarks Act, 1999. The court examined the jurisdictional provisions and found that no special leave was required.
Gold Medal Electricals Pvt Ltd v.Kamal Electricals And Sanitary
Gold Medal Electricals Pvt. Ltd. filed a Leave Petition before the Bombay High Court to initiate a suit against Kamal Electricals and Sanitary regarding trademark infringement. The petitioner sought leave despite having an office in Mumbai, while the defendants were operating outside the court's jurisdiction in Telangana. The court examined the jurisdictional provisions of the Trademarks Act, 1999.
M/S SNS PRODUCTS PRIVATE LIMITED v.Mohammed Naim
The Delhi High Court granted an ex-parte ad interim injunction in favor of M/S SNS Products Private Limited against Mohammed Naim. The plaintiff, a long-standing manufacturer of spices under the 'SHAN-E-DELHI' brand, sought protection against the defendant who was using substantially similar packaging and the mark 'Proud-ek-Minar'. The court found that the plaintiff had prima facie established their case for infringement, noting the similarity in trade dress and the defendant's prior purchase of the plaintiff's products. Consequently, the defendant is temporarily restrained from using the infringing materials and must disclose all existing inventory.
Khadi And Village Industries Commission v.Mr Ashish Singh And Ors
The Delhi High Court granted an interim injunction in favor of the Khadi And Village Industries Commission against Mr. Ashish Singh and others. The Plaintiff, a statutory body protecting the 'KHADI' mark, alleged that Defendants were deceptively using similar marks like 'KHADI ORGANIC' on various products and websites to exploit public goodwill, particularly around religious events. The Court found a prima facie case for infringement and passed orders restraining the defendants from manufacturing or selling goods under infringing marks and mandating the suspension of the associated domain name.
Kuber Tobacco Products Pvt. Ltd. v.Sangeeta Jaiswal
The Madras High Court closed two Original Petitions filed by Kuber Tobacco Products Pvt. Ltd against Sangeeta Jaiswal regarding the rectification/cancellation of registered trademarks (Nos. 3207838 and 3207840). The parties reached an amicable settlement, leading to the petitioner's agreement that the respondent would proceed with separate applications to cancel the marks. The Court directed the Registrar of Trademarks to expedite the cancellation process.
Fmc Agro Singapore Pte Ltd v.The Controller Of Patents
The appeal challenged the refusal order issued by the Controller of Patents, which rejected a second divisional application (grandchild application) because its claims were deemed to conflict with those in the original grandparent application. The appellant argued that filing the divisional application was necessitated by objections raised by the Controller. The High Court held that since the filing was a consequence of an objection, the division should be assessed on its own merits.
Amir Biri Factory & Ors. v.Mohd. Aslam
The Calcutta High Court vacated an injunction previously granted to Amir Biri Factory in favor of Mohd. Aslam. The court found that the plaintiff had suppressed material facts, specifically regarding restrictions on their trademark's use and geographical limitations (West Bengal only). Furthermore, the defendant successfully argued they were a prior user operating outside West Bengal, challenging the basis of the injunction. This decision significantly weakens the plaintiff's ability to enforce their registered mark against the defendant.
Sh. Jaininder Jain And Ors. v.Registrar Of Trade Marks And Ors.
The Delhi High Court issued a significant order in the ongoing dispute concerning the 'KANGARO' trademark. Addressing requests for comprehensive information, the court directed the Plaintiffs to first compile a list of all trademark oppositions they have filed against Defendants. Subsequently, the Defendants were mandated to provide certificates and applications for all relevant foreign trademark registrations not contested by the Plaintiffs. This order aims to ensure full transparency regarding global IP rights related to the brand.
Rupa Gujral & Ors. v.Daryaganj Hospitality Private Limited & Ors.
The Delhi High Court initiated proceedings in a passing off suit concerning the 'Moti Mahal' trademark. The Plaintiffs alleged that the Defendants were misleading the public by associating their restaurants with the Plaintiffs' famous brand, citing misuse of predecessor photographs and marks. While the Defendants vehemently disputed the claims, they offered a conciliatory gesture, committing to remove the disputed photograph from their website without conceding liability. The court proceeded to issue notices for an interim injunction while setting timelines for written statements and framing issues.
Microsoft Technology Licensing Llc v.The Assistant Controller Of Patents And Designs
Microsoft Technology Licensing Llc filed an appeal challenging the Patent Office's order rejecting its application titled "DISCOVERY OF SECURE NETWORK ENCLAVES". The rejection was based on grounds related to Sections 2(l)(j) and Section 10(4) of the Patents Act, 1970. The court released the matter from part-heard status and listed it for further hearing.
Sri Amaresh Banerjee v.The State of West Bengal & Ors.
The petitioner, a manufacturer of coaltar under the trade name 'Anchor', challenged the rejection of his application for reinvestigation before the Calcutta High Court. The dispute involved alleged infringement of the petitioner's registered trademark and copyright by the opposite party no. 1. The court ultimately dismissed the revision petition, finding that the investigation was conducted fairly and that the criminal proceedings amounted to an abuse of process since a civil suit on the same matter was already pending.
Temple University Of The Commonwealth System of Higher Education v.The Controller Of Patents
Temple University Of The Commonwealth appealed against the Controller of Patents' decision to reject its patent application No. 201617007895. The court initially condoned the delay in filing the appeal and subsequently listed the main appeal for further hearing.
Drs Educational Society & Ors. v.Registrar Of Trade Marks & Anr.
The Delhi High Court dismissed a writ petition filed by Drs Educational Society challenging the registration of the 'DRS' trademark. The petitioners argued that the registration was erroneous because the applicant had previously withdrawn their application, but the Registrar failed to act on this withdrawal. However, the court held that administrative lapses do not invalidate an accrued statutory right. It emphasized that disputes over trademark validity must be pursued through specific remedies under the Trademarks Act, 1999, rather than via a writ petition.
Castrol Limited v.Ibrahim Adamali Sanchawala, Trading As EA & Sons and T-Max Lubricants Andr.
Castrol Limited filed a suit alleging trademark infringement and passing off against Ibrahim Adamali Sanchawala regarding the use of deceptively similar packaging for engine oils. The Delhi High Court granted several critical interim reliefs to Castrol, including an exemption from pre-litigation mediation and advance notice to the defendants. Crucially, the court allowed for the ex-parte appointment of a Local Commissioner to conduct a search and seizure operation on the defendant's premises to prevent further infringement.
Nectar Biopharma Private Limited v.M/S. Kashmik Formulations Private Limited
In this trademark infringement matter, the Delhi High Court allowed the Plaintiff's application seeking to implead Mr. Nilesh M. Patel, Director of Defendant No. 1. The court found that since Mr. Patel was the proprietor of M/s Nectar Lifecare and his marks were applied for registration, he was a necessary party due to the exclusive supply relationship between Defendant No. 1 and M/s Nectar Lifecare. This decision significantly expands the scope of the litigation by bringing in an individual directly connected to the disputed intellectual property rights.
Smt. Harbans Kaur / Gurmarg Appliances Pvt Ltd v.Ascent Electronics / Gurmarg Appliances Pvt Ltd
The Delhi High Court ruled decisively in favor of the original proprietor regarding the trademark 'TANASHI'. The court found that the plaintiff had established prior rights through long-standing use dating back to 1993, despite subsequent registrations by the defendant. Crucially, the court held that a distributor is merely a permissive user and cannot claim proprietary rights over a mark belonging to the original owner. Consequently, the suit for infringement was decreed, and the defendant's conflicting trademark registration was cancelled.
Communication Components Antenna Inc v.Ace Technologies Corp.
The plaintiff has filed a suit against the defendants for infringement of their patent along with claims for injunction, damages, and rendition of accounts of profits.
Sml Ltd. v.M/S Happy Agro Chemicals & Ors.
SML Ltd. filed a commercial suit seeking protection against the infringement of its patent (IN 282092) by M/S Happy Agro Chemicals & Ors., specifically concerning their product 'SELZIC'. The court, after considering arguments and expert testimony, found that a prima facie case was made out.
Sml Ltd. v.M/S Happy Agro Chemicals & Ors.
SML Ltd. filed a commercial civil suit seeking protection against infringement of its patent (IN282092) by M/S Happy Agro Chemicals & Ors., who market the product 'ZINKING'. The court, after considering submissions and expert reports, found that a prima facie case was made out.
Pratibha Proprietor Of Lamed India v.Union Of India & Anr.
The Delhi High Court allowed a rectification petition filed by Pratibha Proprietor Of Lamed India against a registered trademark 'LAMED'. The court cancelled the registration (No. 1576720) after noting that one of the respondents, who held the mark, no longer intended to use it. This decision effectively cleared the path for the petitioner to utilize the brand name.
Ms Veerji Restaurant Private Limited v.Jashpal Singh Trading As Veerj Ji Malai Chaap Wale & Ors.
The Delhi High Court addressed several applications in the trademark and copyright infringement case filed by Ms Veerji Restaurant Private Limited against Jashpal Singh Trading As Veerj Ji Malai Chaap Wale. The court formally registered the plaint as a commercial suit, setting timelines for written statements and replication. Crucially, it issued notice regarding the plaintiff's application seeking permanent injunction to restrain trademark and copyright infringement and passing off of the 'VEERJI MALAI CHAAP WALE' brand.