Defendant Favorable
111 defendant favorable decisions from Bombay High Court.
Defendant Favorable Decisions
111 cases | Page 3 of 4
Ctr Manufacturing Industries Ltd. v.Sergi Transformer Explosion Prevention Technologies Private Limited
The petitioner (CTR) filed four Notices of Motion alleging that the respondent (Sergi) was repeatedly and contumaciously breaching prior restraint orders related to a patent infringement suit. The judgment addressed these 'contempt Motions', which were tied to an ongoing appeal regarding CTR's patent on explosion and fire detection technology for transformers.
Ctr Manufacturing Industries Ltd. v.Sergi Transformer Explosion Prevention Technologies Private Limited
The petitioner, CTR Manufacturing Industries Ltd., filed four Notices of Motion alleging that the respondent, Sergi Transformer Explosion Prevention Technologies Private Limited, was repeatedly breaching prior restraint orders related to a patent infringement suit. The judgment addressed these 'contempt motions,' noting they were tied to an ongoing appeal regarding the original infringement finding.
Essel Propack Ltd. v.Essel Kitchenware Ltd. And Anr
Essel Propack Ltd. filed a suit seeking injunctions for trade mark infringement and passing off against Essel Kitchenware Ltd. The court considered the convoluted litigation history and arguments regarding sufficient cause for interim relief. Ultimately, the court dismissed the Notice of Motion, finding that the Plaintiff had not demonstrated sufficient cause.
Inception Media LLP v.Star India Pvt. Ltd.
The Plaintiff, Inception Media LLP, filed a Notice of Motion alleging copyright infringement and breach of confidentiality against Star India Pvt. Ltd., claiming ownership over a concept note for a TV serial titled "Ye Tera Ghar Ye Mera Ghar". The Plaintiff asserted that this confidential material was disclosed to Star India, which subsequently produced a similar promotional video. However, the Court dismissed the motion, finding that the Plaintiff failed to establish a prima facie case regarding copyright and confidentiality.
Darius Rutton Kavasmaneck v.Gharda Chemicals Ltd.
This appeal involved a minority shareholder, Darius Rutton Kavasmaneck, challenging Gharda Chemicals Ltd. (Defendant No. 1) and its Managing Director (Defendant No. 2). The core grievance was that Defendant No. 2 had obtained several patents in his individual name despite using the company's substantial research and development infrastructure and investment. The plaintiff argued these patents belonged to the company, asserting a fiduciary duty breach by the MD. However, the Bombay High Court ultimately rejected the prayer for interim relief, finding no compelling reason to grant protection based solely on apprehension.
Darius Rutton Kavasmaneck v.Gharda Chemicals Limited
The Plaintiff, a minority shareholder, filed a derivative action alleging that Defendant No.2 (Chairman/MD) obtained and applied for several patents in his individual name instead of in the name of Defendant No.1 (the company). The court examined whether the plaintiff had locus standi to file this suit on behalf of the company.
Bayer Corporation v.Union of India Through The Secretary; The Controller of Patents; Natco Pharma Limited
Bayer Corporation challenged the order by the Intellectual Property Appellate Board (IPAB) which upheld the Controller's decision to grant a Compulsory License to Natco Pharma Limited. The license was granted for Bayer's patented drug, Sorafenib Tosylate (Nexavar), used in treating various cancers.
Darius Rutton Kavasmaneck v.Gharda Chemicals Limited
The plaintiff filed a suit seeking a declaration that certain patents belong to Defendant No. 1 and requesting Defendant No. 2 to assign them without compensation. The applicants, who hold shares in Defendant No. 1, sought impleadment as party defendants, arguing the suit was a derivative action benefiting minority shareholders. The court dismissed the Chamber Summons, finding that the interests of the plaintiff and the applicants were not common or rival.
Kuber Khaini Private Limited v.Sopariwala Exports And Another
The Bombay High Court affirmed the lower court's decision, finding that Kuber Khaini Private Limited had adopted a deceptively similar trade-dress and label design to that of Sopariwala Exports. Although the Appellant used a different word mark ('Kuber' vs 'Afzal'), the court ruled that the adoption of the entire color scheme, get up, and descriptive elements constituted an attempt to trade on the Respondent's reputation. The judgment clarified that while a trademark disclaimer limits statutory infringement claims, it does not prevent a claim for passing off based on deceptive similarity.
Ramesh Sippy v.Shaan Ranjeet Uttamsingh and others (Defendant Nos. 1 to 9)
Ramesh Sippy filed a suit claiming to be the author and first owner of the copyright and Author's Special Rights in the film 'Sholay' and related films. He sought a temporary injunction against defendants who were dealing with or disposing of rights related to 'Sholay', including its 3D version. The court ultimately denied the ad-interim relief, finding that the Plaintiff failed to make out a prima facie case.
United Spirits Ltd. v.Invincible Entertainment Pvt.Ltd.
United Spirits Ltd. sought an urgent injunction against Invincible Entertainment Pvt.Ltd., alleging that the film 'Kismat Love Paisa Dilli' disparaged its registered trademark 'Black Dog' whisky. The Plaintiff argued that the use of the phrase in promotional clips infringed upon their brand reputation. However, the Bombay High Court refused the ad-interim relief, finding that the balance of convenience tilted in favor of the Defendants, especially since they had already agreed to delete the objected scenes and dialogues.
M/s.Siyaram Silk Mills Limited v.M/s.Shree Siyaram Fab Private Limited
The defendants filed a notice of motion seeking rejection of the plaintiff's plaint, arguing that since their mark was also registered, the suit for infringement was not maintainable. The court rejected this contention, holding that while sections like 29 and 30(2)(e) provide defenses to an infringement action, they do not bar the inherent jurisdiction of the Court to entertain the suit.
Sun Pharmaceuticals Industries Limited v.Emcure Pharmaceuticals Limited
The Bombay High Court addressed a suit concerning trademark infringement and passing off between Sun Pharmaceuticals (owner of 'SUSTEN') and Emcure Pharmaceuticals (owner of 'SUSTINEX'). Although the plaintiff was the prior user, the court ultimately found that 'SUSTINEX' was not deceptively similar to 'SUSTEN'. The judgment emphasized phonetic distinctiveness, noting a clear audible divide in 'SUSTINEX', leading to the dismissal of the plaintiff's notice of motion.
Drums Food International Pvt. Ltd. v.Euro Ice Cream & Anr.
The Bombay High Court ruled against Drums Food International in a trademark dispute concerning the mark 'HOKEY POKEY'. The court held that even if a plaintiff starts using a mark after a defendant has filed an application for registration, the plaintiff cannot succeed in a passing off or infringement action. The judgment strongly affirmed the priority given to registered marks under the Trade Marks Act, emphasizing that registration provides a robust legal shield against subsequent users.
Rajesh Chheda (Prop. Of Sbhubham Plywood) v.Shubham Plywood Park
The Bombay High Court dismissed the plaintiffs' motion for interim relief concerning trademark infringement and passing off. The court found that the registered mark 'SHUBHAM' was not being used in conjunction with the plaintiff's specific logo or on the product itself by the defendant. Furthermore, the judge noted that 'SHUBHAM' is a common word and household term, making it difficult to grant exclusivity against all users of the name. The court emphasized that merely adopting a common shop name is insufficient grounds for an injunction.
The Scotch Whisky Association v.Khoday India Limited
The Scotch Whisky Association filed a suit against Khoday India Limited alleging passing off, claiming that the defendant was misleadingly using labels and descriptions evocative of Scotland (like 'SCOT') for whisky manufactured in India. The defendant sought to dismiss the suit via Chamber Summons, arguing that the matter was concluded by a prior Supreme Court judgment concerning rectification proceedings, invoking issue estoppel. The High Court rejected this argument, holding that the previous judgment operated only as a precedent and not as res judicata.
Jigar Vikamsey v.Bombay Stock Exchange Limited
This case involved a challenge to an arbitration award concerning the domain name 'sensex.in', which was claimed by Bombay Stock Exchange Limited (BSE) as infringing its well-known trademark, SENSEX. The petitioner, Jigar Vikamsey, challenged the transfer order under Section 34 of the Arbitration and Conciliation Act. The High Court dismissed the petition, finding no perversity or illegality in the original award. The court affirmed that the arbitration process was conducted fairly and legally, upholding BSE's claim over its trademarked domain.
I Plus Inc. v.Consim Info Private Limited
The Bombay High Court dismissed I Plus Inc.'s Notice of Motion seeking an injunction against Consim Info Private Limited regarding similar domain names, IndiaProperties.com and IndiaProperty.com. The court held that the terms 'India' and 'Property' are generic and descriptive words, incapable of trademark protection. Furthermore, considering the extensive use and established goodwill of the defendant, the balance of convenience tilted in their favor, leading to the denial of interim relief.
Deccan Bottling & Distilling Industries Private Limited v.Brihan Maharashtra Sugar Syndicate Limited
The Bombay High Court dismissed an appeal filed by Deccan Bottling & Distilling Industries Private Limited against a temporary injunction granted in favor of Brihan Maharashtra Sugar Syndicate Limited. The dispute centered on alleged passing off and trademark infringement related to country liquor labels ('Paru Santra' vs 'Sakhu Santra'). While the trial court had found prima facie evidence of deceptive similarity, the High Court upheld this finding, confirming that the plaintiff (respondent) had established a sufficient case for injunction based on the visual impression of the competing marks.
Ravi Kamal Bali v.Kala Tech And Ors.
The Plaintiff sought an injunction against the Defendants for manufacturing and selling tamper-proof locks/seals that allegedly infringed his patents. The court examined the infringement claims, noting the similarity between the parties' products. However, the court ultimately denied the injunction due to the Plaintiff's significant delay in bringing the matter before the court.
Garware-Wall Ropes Ltd. v.A.I. Chopra And Anr.
The plaintiff filed a suit seeking a declaration that the defendant was not entitled to manufacture or sell products patented by the plaintiff (GSWR and Spiral Lock Systems), along with a perpetual injunction. The dispute centered on whether the defendant's actions constituted patent infringement despite contractual stipulations regarding royalty and indemnity.
Goenkarancho Ekvot, A Society v.Union Of India (Uoi)
The petitioner society filed a writ petition seeking to enforce the Emblems And Names (Prevention of Improper Use) Act, 1950, against the use of the name 'Goa' in relation to Gutka and Pan Masala products. The core dispute involved whether the trade mark "Goa 1000 Gutka" infringed state emblems or suggested government patronage.
Contests2Win.Com India Private v.Cell Cast Interactive India Private
The plaintiff filed a suit alleging that the defendant committed passing off by using the mark 'Bid2Win'. The plaintiff sought an ad-interim injunction restraining the defendant from using similar marks. The court examined the claims, noting that the word '2win' is common worldwide and the defendant was using it bona fide.
Sun Pharmaceutical Industries Limited v.Cipla Limited
The Bombay High Court rejected Sun Pharmaceutical Industries Limited's application for an interim injunction against Cipla Limited regarding the use of the trade mark 'Graniset'. Despite the similarity in marks and their use in treating nausea related to chemotherapy, the court found that the plaintiff lacked a prima facie proprietary right in the mark. The judgment highlighted the importance of prior user rights versus registration, while also noting the plaintiff's failure to provide supporting medical evidence for potential consumer confusion.
Jhaveri Industries v.Majethia Masala
The Bombay High Court ruled against Jhaveri Industries, finding that the use of 'Rajwadi' by Majethia Masala did not constitute trademark infringement or passing off. The court emphasized that since only 'Badshah' was registered and 'Rajwadi' had a disclaimer, the term is considered descriptive and generic for a type of masala. Consequently, the Plaintiffs failed to establish a prima facie case for granting interim relief.
Medley Pharmaceuticals Ltd. v.Khandelwal Laboratories Ltd.
The Bombay High Court dismissed the plaintiff's motion seeking an interim injunction in a passing off suit. The court found that the trade marks, including those with the prefix 'CEF,' are commonly used across the pharmaceutical industry. Given the prevalence of similar prefixes and suffixes derived from chemical compounds like Cefixime, the court held that the plaintiff failed to establish exclusivity or reputation for their mark, thus denying the injunction.
Hawkins Cookers Ltd. v.Zaverchand Liladhar Shah And Ors.
Hawkins Cookers Ltd. filed a petition seeking cancellation of a registered design (No. 164949) held by Respondent No. 1, claiming that their own prior innovation was copied. The court examined the registration certificate and found that it covered the entire Tava along with its handle, not just the innovative part. Ultimately, the court dismissed the petition, finding no case for infringement.
Novartis Ag And Anr. v.Mehar Pharma And Anr.
Novartis sought an interim injunction restraining Mehar Pharma from manufacturing, selling, or exporting its anti-cancer drug 'VEENAT', which was alleged to infringe Novartis's Exclusive Marketing Rights (EMR) for 'B-crystalline form of imatinib Mesyiate salt'. The court ultimately denied the temporary injunction, citing concerns about disrupting the supply of this life-saving drug in India.
Vidarbha Distillers v.Vidarbha Bottlers Pvt. Ltd.
The Bombay High Court dismissed an appeal filed by Vidarbha Distillers challenging a lower court's rejection of a temporary injunction application in a trademark infringement suit. The appellant argued that the respondent was deceptively imitating their 'Santri 5000' label, but the appellate court found no grounds to interfere with the trial judge's exercise of discretion. Instead, the High Court directed the trial court to expedite the disposal of the main trade mark suit on its merits.
Majid A. Oomerbhoy v.Rashi S. Oomerbhoy And Ors.
This contempt petition was filed by Majid A. Oomerbhoy against Rashi S. Oomerbhoy and others, alleging that they violated a prior court order dated July 30, 2001, which prohibited partners of M/s Ahmed Omerbhoy from using the firm's trade marks (MASTAAN and POSTMAN). The petitioner claimed the respondents continued manufacturing and distributing products under similar names. However, the Court ultimately found that there was insufficient certainty to prove willful contempt beyond a reasonable doubt, noting that the infringement suit itself was still pending.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.