653 cases · page 11 of 22

patent In favor of Defendant · Jul 23, 2020

Nuziveedu Seeds Ltd. v.Mahyco Monsanto Biotech (India) Pvt. Ltd.

Bombay High Court · 181459283

The case involves a dispute over the enforcement of a Sub-Licence Agreement related to the use of transgenic cotton seeds with Bt. traits. The petitioner claims that the respondent has not fulfilled its obligations under the agreement and has charged excessive trait values. The petitioner and respondent entered into a Special License Agreement for the sale of Bt. cotton seeds. The respondent alleged patent infringement and sought recovery of trait fees, while the petitioner challenged the validity of the SLA under competition law. The petitioner entered into a Sub-Licence Agreement with the respondent for the use of technology and payment of trait fees. Disputes arose regarding the payment of these fees, leading to arbitration proceedings. The respondent claimed unpaid trait fees from the petitioner under a 2015 service level agreement. The arbitral tribunal ruled in favor of the respondent, allowing the monetary claims.

copyright interim order · May 26, 2020

Shamoil Ahmad Khan v.Falguni Shah And 3 Ors

Bombay High Court · 56993585

The plaintiff, a writer, filed a notice of motion seeking temporary injunction against the defendants for telecasting or adapting their web series titled 'Singardaan', claiming both copyright infringement and passing off. The plaintiff alleged that the defendants copied not only the title but also the entire plot and characters from his original story. The court ultimately decided to set aside the request for a full injunction, directing the parties toward trial while imposing interim restraints.

trademark plaintiff favorable · Apr 30, 2020

R.K. Patel And Company, Tobacco Processors v.Jaju Tobacco Company

Bombay High Court · 153993612

The Bombay High Court dismissed an appeal challenging a District Court's order that granted a temporary injunction in a trademark infringement and passing off suit. The court upheld the trial court's decision, finding that the defendant's packaging was sufficiently similar to the plaintiff's registered trade dress (yellow colour pouch/packet) to warrant injunctive relief. This ruling reinforces the importance of visual similarity and consumer perception in protecting trademarks within the tobacco industry.

patent interim order · Mar 3, 2020

Kamruddin I. Mehsaniya v.A. Hafsabi & Anr.

Bombay High Court · 136235301

The plaintiff, Kamruddin I. Mehsaniya, filed an interim application seeking ad-interim reliefs against A. Hafsabi & Anr. for infringement and passing off related to his brand KIMIA (wet dates). The plaintiff holds registered rights in the word mark KIMIA and its original artistic label. The court found that the defendants' use of 'KIMAA' and 'KEEMA' under pirated artwork was deceptively similar, likely to cause confusion.

patent mixed · Feb 13, 2020

Kinjal Ramesh Savla v.Euphoric Innovations Pvt. Ltd.

Bombay High Court · 147828208

The Bombay High Court stayed a trademark infringement suit between Kinjal Ramesh Savla and Euphoric Innovations Pvt. Ltd., recognizing the complexity arising from conflicting trademarks ('Buckaroo' vs 'Walkaroo'). The court granted both parties leave to apply for rectification of their respective trademarks before the Appellate Board, ensuring that the underlying validity issues are addressed first. Furthermore, the defendant's application regarding perjury was adjourned until the main suit hearing.

trademark interim order · Feb 10, 2020

Essdee Industries Through Proprietor Sridhar Velangi v.Esbee Electrotech LLP

Bombay High Court · 155380005

This Civil Writ Petition was filed by Essdee Industries against Esbee Electrotech LLP, challenging a previous court order. The impugned order allowed the respondent/plaintiff to conditionally withdraw their composite suit, granting them the liberty to file two separate suits concerning alleged trademark and design infringement of their rights. The Bombay High Court proceeded with issuing notice in this appeal.

trademark mixed · Feb 10, 2020

The Indian Express (P) Ltd. And 2 Others v.Prashant Goenka And 11 Others

Bombay High Court · 102311485

The Bombay High Court addressed a contempt petition alleging breach of an interim order concerning the use of 'INDIAN EXPRESS' trademarks and Ramnath Goenka's copyrighted photographs. After the respondents unconditionally apologized for the inadvertent breaches, the court directed digital platforms (YouTube and Facebook) to remove specified infringing URLs. The primary contempt petition was thus disposed of, while a separate application seeking rejection of the plaint against one defendant was remanded for further hearing.

trademark interim order · Feb 7, 2020

Unilever Plc. v.Deepak Talreja

Bombay High Court · 83518188

The petitioner, Unilever Plc., filed an interim application seeking various reliefs. The court granted leave for the plaintiff to combine the cause of action of passing off with that of infringement. Ad-interim orders were continued, including a perpetual injunction restraining the defendant from using trade dress or marks deceptively similar to 'BROOKE BOND RED LABEL and the U-Logo' in the tea industry.

trademark plaintiff favorable · Feb 4, 2020

Dsp Investment Managers Private Limited v.Dsp Realty

Bombay High Court · 85755259

Dsp Investment Managers Private Limited filed an interim application alleging passing off against Dsp Realty, citing the use of the similar word 'DSP'. The Plaintiff, a major player in financial services, claimed substantial goodwill associated with its marks. Given that the Defendant failed to appear and provide a defense, the Bombay High Court granted an ad-interim injunction. This order restricts the Defendant from using the mark containing 'DSP' in related financial sectors, protecting the Plaintiff's market reputation.

patent plaintiff favorable · Jan 28, 2020

Mohtimbas Engineering Pvt.Ltd. v.Machine N Tools And 4 Ors.

Bombay High Court · 117108884

The Bombay High Court allowed the Plaintiffs' notice of motion in a commercial IP suit concerning trademark infringement and passing off. The court found that the Defendants were selling identical goods in an identical trade dress, constituting not just passing off but dealing in counterfeit goods. Given the clear prima facie case presented by the Plaintiffs regarding their registered mark KYK, the court granted interim protection.

patent plaintiff favorable · Jan 21, 2020

Frito-Lay North America, Inc. v.Balaji Wafers Pvt. Ltd.

Bombay High Court · 59375363

Frito-Lay North America, Inc. filed a commercial IP suit alleging that Balaji Wafers Pvt. Ltd. was infringing on its registered designs for snack food products. The core dispute centered on whether the Defendant's product, 'Rumbles', utilized an identical or substantially similar design to Frito-Lay's protected ridge design. The court examined the prima facie case and balance of convenience before granting interim relief.

trademark plaintiff favorable · Jan 15, 2020

Shalina Laboratories Private Limited v.Maxwell Life Science Pvt. Ltd.

Bombay High Court · 7150161

The Bombay High Court confirmed the existing interim injunctions granted to Shalina Laboratories against Maxwell Life Science. The dispute centered on trademark infringement ('SUPER APETI' vs 'SUPER PEPTI'), copyright infringement related to packaging/trade dress, and passing-off concerning pharmaceutical preparations. By confirming these orders, the court maintained the status quo, ensuring the Plaintiff's rights were protected while the main commercial IP suit proceeds.

patent interim order · Jan 7, 2020

Deepak Nitrite Limited v.Sara Chemicals & Consultants

Bombay High Court · 168311340

Deepak Nitrite Limited sought an urgent ad-interim injunction against Sara Chemicals & Consultants, alleging that Sara Chemicals had unilaterally filed five patent applications based on a proprietary process developed by Deepak Nitrite. The Petitioner argued that the relevant data and technology belonged exclusively to them, and there was a risk of third-party disclosure.

patent mixed · Jan 7, 2020

Bennett, Coleman And Company Limited. v.Global India Entertainment Production

Bombay High Court · 62148077

The Bombay High Court addressed an interim application seeking a temporary injunction against the unauthorized use of 'Miss India' and 'Mr. India' by defendants organizing similar beauty pageants. The court found that while the words themselves are generic, their combination with other elements creates distinctiveness, supporting the plaintiffs' claim of trademark infringement and passing off. Although the initial relief was not granted immediately, the court allowed the defendants to propose concrete modifications to their titles for future consideration.

patent defendant favorable · Jan 3, 2020

Anand S/o Nanabhau Embadwar v.Union of India, Through Ministry of Agricultural & Farmers Welfare

Bombay High Court · 34987960

This case involved a Public Interest Litigation and Writ Petition challenging the manufacturing and marketing of Soil Testing Fertilizer Recommendation (STFR) technology developed by ICAR and IARI. The petitioner, Nagarjuna Agro Chemicals Pvt. Ltd., sought to restrain its marketing while simultaneously benefiting from the technology. The court found the litigation frivolous and vexatious.

trademark settled · Dec 11, 2019

M/s.Rui Boutique v.Nidhi Arora

Bombay High Court · 132376179

The Bombay High Court disposed of a commercial IP suit between Rui Boutique and Nidhi Arora based on mutually agreed-upon consent terms. The settlement allowed the defendant to change her existing trademark and trade name, which the plaintiff accepted. This resolution brought an end to the litigation concerning the intellectual property dispute.

trademark mixed · Nov 8, 2019

Glenmark Pharmaceuticals Ltd. v.Modi Mundipharma Beauty Products Private Limited

Bombay High Court · 107562419

In this interim application, Glenmark Pharmaceuticals sought clarification regarding a previous court order concerning the use of the trademark 'CANDID'. The Bombay High Court addressed the request by formalizing an undertaking from Defendant No. 1. This ruling reinforces the immediate injunctive relief against the defendant, requiring them to cease importing or distributing goods under the disputed mark while the main litigation proceeds.

trademark mixed · Nov 8, 2019

Nippon Life Sciences Private Limited v.S. R. Life Science And Anr.

Bombay High Court · 120594471

The Bombay High Court addressed the ongoing ad-interim injunction in a trademark infringement suit concerning the mark 'EPILIGHT'. While the court noted that previous orders needed extension, it confirmed that the existing restraining order against the defendants for using deceptively similar marks would continue to operate until November 18, 2019. The matter was subsequently scheduled for further hearing.

trademark plaintiff favorable · Nov 7, 2019

Marico Limited v.Chandrakant Gholap

Bombay High Court · P88851360

The plaintiff, Marico Limited, filed a Notice of Motion seeking various reliefs against the defendant, Chandrakant Gholap. The court granted leave to the Plaintiff and further granted prayer clause (d) of the Notice of Motion, which sought an injunction against the Defendant for using counterfeit PARACHUTE trade marks or trade dress in relation to edible oil preparations and other FMCG goods.

trademark interim order · Nov 7, 2019

Marico Limited v.Chandrakant Gholap

Bombay High Court · 42918807

Marico Limited filed a Notice of Motion seeking leave and an interim injunction against Chandrakant Gholap regarding the use of the PARACHUTE trade mark and trade dress. The Court granted the leave sought by the Plaintiff and further granted the prayer for an interim injunction, restraining the Defendant from manufacturing or distributing packaging materials bearing the infringing trademark/trade dress.

patent interim order · Nov 4, 2019

Kotak Mahindra Bank Limited v.Kotak LLC

Bombay High Court · 106668756

Kotak Mahindra Bank Limited filed a Notice of Motion against Kotak LLC alleging infringement and passing off concerning the registered trademark 'KOTAK'. The court granted temporary and permanent injunctions restraining the Defendant from using similar marks, names (like KOTAK LLC), apps (App KOTAK), and domain names (www.kotakapp.com) that are deceptive or identical to the Plaintiff's mark.

patent remanded · Oct 18, 2019

M/s. Nagarjuna Agro Chemicals Pvt. Ltd. v.M/s. Sai Agrotech, F.M.D. (Farm Machinery Division)

Bombay High Court · 5135957

M/s. Nagarjuna Agro Chemicals Pvt. Ltd. filed applications for review against a previous judgment that had allowed a license request for Light Trap Equipment to be rejected by NCIPM. The court reviewed the matter, considering the involvement of the review applicant in an earlier agreement with ICAR regarding the licensed technology.

patent interim order · Oct 17, 2019

Meher Distilleries Private Limited v.Raisen Marketing Private Limited

Bombay High Court · 123437876

Meher Distilleries Private Limited filed an interim application alleging that Raisen Marketing Private Limited was infringing its registered trade mark and copyrighted artistic design used on its country liquor bottles. The court found a strong prima facie case for infringement.

patent interim order · Oct 9, 2019

Rui Boutique v.Nidhi Arora

Bombay High Court · 157080352

The plaintiff, Rui Boutique, a manufacturer and trader of ready-made women's garments under the trade mark 'RUI', filed an application alleging that the defendant was using the impugned mark 'RUI INDIA' for similar goods. The court found a strong prima facie case regarding the identity/deceptive similarity between the marks and granted an ad-interim injunction.

trademark mixed · Sep 3, 2019

Corum Hospitality And Another v.Hotel Varuna And 3 Others

Bombay High Court · 110167604

This Bombay High Court judgment addressed procedural matters in a commercial IP suit involving trademark disputes between Corum Hospitality and Hotel Varuna. The court accepted undertakings regarding the filing of Vakalatnamas and set out timelines for addressing office objections to the notice of motion. Furthermore, an intervener sought permission to join the proceedings concerning alleged infringement of the 'Bar Stock Exchange' trademark, which was granted procedural allowance.

trademark mixed · Sep 3, 2019

Royal Dryfruit Range v.Royal Taste Dry Fruits

Bombay High Court · 47559741

The Bombay High Court disposed of a Commercial IP Suit involving Royal Dryfruit Range versus Royal Taste Dry Fruits. The court accepted an undertaking from the defendant, Royal Taste Dry Fruits, to remove the disputed mark 'ROYAL' from its signage and packaging, as well as withdraw its trademark application. A short extension was granted for compliance, effectively settling the immediate dispute through mutual agreement and judicial acceptance of the undertakings.

trademark mixed · Aug 14, 2019

Bytedance Ltd. v.Don Cinema

Bombay High Court · 115067927

This Bombay High Court judgment addressed an urgent application filed by Bytedance Ltd., the registered proprietor of the 'Tiktok' trademark, against Don Cinema. The dispute arose from an alleged announcement by the defendant regarding a web series titled 'Tiktok House.' After the defendant provided an undertaking to the court denying any such release, the plaintiff withdrew its request for ad-interim relief. The court subsequently set out procedural directions for further pleadings and hearing.

trademark The suit was disposed of by confirming the order dated 21st July 2015 passed in the notice of motion, effectively ending the proceedings without a full trial. · Jul 31, 2019

asian paints limited v.jain paints

Bombay High Court · 176186315

Asian Paints Limited sued Jain Paints for trademark infringement concerning the marks 'APEX', 'GOLD DRY APEX', and 'AZPER' used on exterior emulsion paints (Class 02). Defendant No. 2 admitted in their written statement that a stay would not significantly impact them as they were not manufacturing, marketing, or selling the infringing goods.

trademark mixed · Jul 1, 2019

Dongguan Tr Bearing Co. Ltd. v.M/s. Harman Overseas and Ors.

Bombay High Court · 76305576

The Bombay High Court addressed a Commercial IP Suit filed by Dongguan Tr Bearing Co. Ltd. against M/s. Harman Overseas and Ors. The court noted that both parties had initiated applications before the Intellectual Property Appellate Board (IPAB) seeking the rectification of each other's trademarks. Consequently, the judge stayed the ongoing suit until the outcomes of these parallel IPAB proceedings are determined.

trademark plaintiff favorable · Jun 10, 2019

Hindustan Unilever Ltd. v.Meera Soap Works

Bombay High Court · 132783800

Hindustan Unilever Ltd. filed a suit against Meera Soap Works alleging infringement of its copyrighted artwork and passing off related to its SUNLIGHT detergent label. The Bombay High Court granted leave under the Letters Patent Act, decreed the suit, and issued perpetual injunctions.

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