2136 cases · page 26 of 72

trademark mixed · May 22, 2024

Mr Lakshit Goyal Proprietor Of Rama Domestic Appliances v.Sunita Gupta Trading As Mva Gas And Home Appliances

Delhi High Court - Orders · CS(COMM) 428/2024

The Delhi High Court initiated trademark infringement proceedings between Mr Lakshit Goyal's Rama Domestic Appliances and Sunita Gupta Trading As Mva Gas And Home Appliances. The court allowed the plaintiff's application seeking a permanent injunction against the defendant for using deceptively similar marks ('HPC APPLIANCES'). While several procedural applications were disposed of, the core suit was registered, and notice was issued to the defendant, setting the stage for detailed arguments on trademark similarity and infringement.

patent remanded · May 22, 2024

Jfe Steel Corporation v.The Controller Of Patents

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 485/2022

Jfe Steel Corporation appealed a refusal order issued by The Controller of Patents regarding its patent application for a method of activating a continuous annealing furnace. The Controller had rejected the application, citing lack of inventive step based on prior art (D1 and D2). The Delhi High Court allowed the appeal, setting aside the Impugned Order and remanding the matter to the Controller.

trademark defendant favorable · May 21, 2024

Casablanca Apparels Pvt Ltd v.Polo Lauren Company Lp & Anr. & Anr.

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 68/2024, I.A. 29888/2024, I.A. 29889/2024, I.A. 30041/2024, I.A. 30042/2024 & I.A. 30043/2024

The Delhi High Court dismissed a rectification petition filed by Casablanca Apparels against Polo Lauren's trademark 'POLO'. The court held that since an application challenging the mark's validity (under Section 124) was already pending before the Trial Court, the current rectification petition was not maintainable at this stage. This ruling emphasizes the procedural hierarchy between concurrent proceedings in civil suits and intellectual property rectification actions.

trademark defendant favorable · May 21, 2024

Vijay Abrol v.Yogesh Kumar Rustogi

Delhi High Court - Orders · RFA-IPD 1/2021 & CM APPL. 1129/2013

The Delhi High Court allowed appeals filed by Vijay Abrol, setting aside a previous judgment that had favored Yogesh Kumar Rustogi in a passing off suit. The court found that the plaintiff failed to establish the necessary goodwill and reputation for the trademark 'BRITE' as required by the triple test for passing off. Furthermore, the appellant/defendant successfully demonstrated their own established use of the mark and secured its registration, leading the court to conclude the original suit lacked a real basis.

patent plaintiff favorable · May 20, 2024

Grip Invest Technologies Private Limited v.Ashok Kumar & Ors.

Delhi High Court - Orders · CS(COMM) 469/2023

The Delhi High Court granted an interim injunction in favor of Grip Invest Technologies, restraining a newly discovered mirroring website (eliteedgebrokerage.info) from operating. The court found that the new site was an exact copy of the plaintiff's website, infringing both copyright and trademark. Furthermore, the court directed the Domain Name Registrar and the Department of Telecommunication to take immediate steps to block access to the infringing domain, reinforcing proactive measures against online IP infringement.

patent pending · May 20, 2024

Croda Inc v.The Controller Of Patents

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 490/2022

Croda Inc filed an appeal before the Delhi High Court challenging the order dated November 6, 2020, issued by the Assistant Controller of Patents and Designs. The original patent application (No. 1432/DELNP/2013) concerning Agrochemical Adjuvants and Formulations was refused.

trademark plaintiff favorable · May 20, 2024

Kaira District Cooperative Milk Producers Union Ltd v.Hub.Nrw-Euindia Invest Gmbh & Ors

Delhi High Court - Orders · CS(COMM) 593/2023, I.A. 16224/2023, I.A. 26233/2023 & I.A. 10463/2024

The Delhi High Court ruled in favor of Kaira District Cooperative Milk Producers Union Ltd (AMUL), granting a decree against multiple defendants for trademark infringement related to the 'AMUL TRU seltzer' brand. The court issued sweeping orders requiring domain registrars and the Department of Telecommunications to block access to various infringing websites globally. Furthermore, it restrained certain parties from exporting AMUL products that were not intended for the EU market, reinforcing robust protection against digital counterfeiting and unauthorized trade.

trademark plaintiff favorable · May 20, 2024

Macleods Pharmaceuticals Limited v.Ridley Life Science Pvt. Ltd.

Delhi High Court - Orders · CS(COMM) 726/2018

The Delhi High Court dismissed the defendant's attempt to reopen evidence regarding costs and damages in a trademark infringement suit. The court noted the defendant's history of 'abysmal conduct,' including being a 'habitual offender/rank infringer' who repeatedly infringes third-party products. Given that the defendant had ample opportunity to present their case previously, the court found the late application was not bona fide and aimed only at delay.

trademark plaintiff favorable · May 20, 2024

Tata Power Solar Systems Limited & Anr. v.Www.Tatapowersolardealership.Co.In & Ors.

Delhi High Court - Orders · CS(COMM) 419/2024, I.A. 29729/2024, I.A. 35874/2024 & I.A. 41465/2024

The Delhi High Court granted a permanent injunction in favor of Tata Power Solar Systems Limited, finding that several defendants were infringing on its registered trademarks ('TATA' and 'TATA POWER SOLAR'). The court recognized the immense goodwill and reputation associated with the brand. Furthermore, the judgment included significant ancillary relief, directing the suspension of specific domain names and mandating the freezing and transfer of funds from bank accounts linked to the infringement activities into a designated RBI fund.

patent No outcome · May 17, 2024

Saint Gobain Placo v.Khushbu Frames

Delhi High Court - Orders · CS(COMM) 929/2023

The plaintiffs are seeking an injunction against the defendants for allegedly infringing on their registered patents related to corrugated construction elements. The defendants claim they have never used the technology in question.

patent No outcome · May 17, 2024

Blick System India Private Limited v.Franz Safford And Others

Delhi High Court - Orders · CS(COMM) 456/2023; I.A. 12412/2023; I.A. 20475/2023; I.A. 22866/2023; I.A. 22950/2023; I.A. 23176/2023; I.A. 23727/2023; I.A. 24284/2023; I.A. 6721/2023

The case involves a petition for revocation of a patent granted to the defendant and a counter suit alleging infringement of the suit patent by the plaintiff.

patent plaintiff favorable · May 16, 2024

Sandvik Intellectual Property Ab v.Mr. Kalyan Singh & Ors.

Delhi High Court - Orders · CS(COMM) 585/2021

The plaintiff filed a suit seeking permanent injunction against the defendants for infringing their patents, specifically concerning distributor plates and turbo tips compatible with SANDVIK VSI crushers. After initial ex parte orders, the matter was disposed of at a summary stage upon concession by the defendant regarding the injunction.

trademark plaintiff favorable · May 16, 2024

Jamboree Resorts India Llp & Anr. v.Mehul Sharma & Ors.

Delhi High Court - Orders · CS(COMM) 404/2024

The Delhi High Court granted an interim injunction in favor of Jamboree Resorts India LLP, who holds registered trademarks for 'JAMBOREE'. The court found a prima facie case of trademark infringement and passing off against the defendants, who were operating the resort under the name 'SIGNUM JAMBOREE CREEK RESORT' following a terminated revenue-sharing agreement. The order restrained the use of the infringing mark and mandated the handover of all associated digital assets to allow the plaintiffs to regain control.

trademark mixed · May 16, 2024

Jr Rice India Pvt. Ltd v.Kishan Khetrapal Proprietor Of Aaradhya Agrotech

Delhi High Court - Orders · CS(COMM) 407/2024

The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Jr Rice India Pvt. Ltd against Kishan Khetrapal Proprietor Of Aaradhya Agrotech. The court granted exemptions from pre-institution mediation and advance service, while formally registering the plaint as a commercial suit. Crucially, regarding the injunction application seeking to restrain the defendant from using the deceptively similar mark 'ABBA HUZUR' on rice products, the Court issued notice to the defendant.

trademark mixed · May 16, 2024

Bonn Nutrients Pvt. Ltd & Anr. v.Pahal Foods Pvt. Limited & Ors.

Delhi High Court - Orders · CS(COMM) 346/2024

In a dispute over the packaging and trade dress of coconut cookies, Bonn Nutrients sought an injunction against Pahal Foods for alleged infringement. The Delhi High Court issued an order facilitating an amicable settlement between the parties. Defendants agreed not to manufacture any more products under the disputed label/packaging but were granted time to exhaust their existing stock of 15,000 cases. Both parties were also directed toward mediation and listed for further consideration.

trademark plaintiff favorable · May 16, 2024

Shrinath Travel Agency Through Its Partners & Anr. v.Harsh Kumar Trading As Shrinath Nama Travel Agency & Ors.

Delhi High Court - Orders · CS(COMM) 340/2022, I.A. 5822/2024

The Delhi High Court allowed the Plaintiffs to implead several additional defendants in a trademark infringement suit. Finding a prima facie case of deception due to identical or deceptively similar marks being used for identical travel services, the court granted an interim injunction restraining the newly added parties from using the impugned trademarks. Furthermore, the court directed domain registrars associated with infringing websites to block and suspend access to those domains.

patent plaintiff favorable · May 15, 2024

Parijat Industries India Private Limited v.Deputy Controller Of Patents And Designs & Anr.

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 27/2024

Parijat Industries appealed against an order by the Deputy Controller of Patents and Designs which had revoked its Indian Patent No. 372550 based on grounds under Section 25(2)(b), (e), (f) and (g). The High Court found that the reasoning provided in the Impugned Order was inadequate and did not meet judicial standards.

patent plaintiff favorable · May 15, 2024

Leonhard Kurz Stiftung And Co. Kg v.Controller Of Patents

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 284/2022

The appeal challenged the Controller of Patents' refusal of the Appellant's patent application, which held that subsequent amendments were outside the scope of the original filing. The High Court found that the amended claims referenced the complete specifications as originally filed. Consequently, the court allowed the appeal and remanded the matter for fresh consideration by the Patents Office.

patent pending · May 15, 2024

Cassiopea S.P.A. v.Controller General Of Patents And Designs & Ors.

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 30/2024

Cassiopea S.P.A. appealed the order passed by the Assistant Controller of Patent, which rejected its Indian Patent Application (No. 201717042863) and accepted a pre-grant opposition filed by other respondents. The Delhi High Court allowed applications for condoning delay in filing and re-filing the appeal.

trademark settled · May 15, 2024

Eastman Auto And Power Limited v.Shreejee Power Systems Llp

Delhi High Court - Orders · CS(COMM) 396/2024

In a Delhi High Court case concerning trademark infringement and passing off, Eastman Auto And Power Limited successfully reached a settlement with Shreejee Power Systems Llp. The Defendant agreed to permanently cease using the disputed mark 'EASTON' in association with batteries and solar inverters, acknowledge the Plaintiff's rights in 'EASTMAN', and undertake specific actions including filing for cancellation of one registered mark and rectification of another. The suit was subsequently disposed of on these consent terms.

patent pending · May 15, 2024

Taiho Pharmaceutical Co Ltd v.The Controller Of Patents

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 6/2022

Taiho Pharmaceutical Co Ltd appealed a patent application rejection order issued by The Controller of Patents. The appellant argued that the rejection, based on Sections 2(1)(ja) and 3(d) of the Patents Act, 1970, failed to consider submitted data and did not provide adequate opportunity to respond to the Section 3(d) objection.

trademark plaintiff favorable · May 15, 2024

Castrol Limited v.Mohan Bajya

Delhi High Court - Orders · CS(COMM) 398/2024

In a significant move against alleged counterfeiters, the Delhi High Court granted an ex-parte ad interim injunction in favor of Castrol Limited. The court recognized the substantial goodwill associated with Castrol's trademarks and trade dress for engine oils. To enforce this urgent relief, the court appointed a Local Commissioner to seize infringing goods manufactured by the defendant, Mohan Bajya, and inspect relevant financial records.

trademark mixed · May 14, 2024

Sun Pharma Laboratories Ltd. v.Perilla Life Science P. Ltd & Anr.

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 185/2023 & I.As. 12836-12837/2023

Sun Pharma Laboratories sought the cancellation of the trademark 'G-VER,' registered by Perilla Life Science P. Ltd, alleging contravention of the Trade Marks Act. Although Sun Pharma raised grounds based on Sections 9, 11, and 18 of the Act, the court noted that Respondent No. 1's counsel stated her client had discontinued use of the mark and had no objection to its cancellation. Consequently, the Delhi High Court disposed of the petition with a direction compelling the respondent to file the formal application for trademark cancellation.

trademark plaintiff favorable · May 14, 2024

Dr. Reddys Laboratories Limited v.Zeelab Pharmacy Pvt Ltd

Delhi High Court - Orders · CS(COMM) 388/2024

The Delhi High Court granted an ex-parte ad interim injunction in favor of Dr. Reddys Laboratories Limited against Zeelab Pharmacy Pvt Ltd. The court found that the plaintiff had made out a prima facie case regarding trademark infringement, specifically concerning the use of 'OMEZEE' and 'OMEZEE-DM' for pharmaceutical products similar to the plaintiff's established mark 'OMEZ'. This immediate relief prevents the defendant from continuing manufacturing or marketing the infringing products until the full trial.

patent remanded · May 14, 2024

Syngenta Participations Ag v.Controller Of Patents And Designs

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 7/2023

Syngenta appealed the rejection of its patent application (No. 872/DELNP/2011) for 'Crop Safeners' by the Deputy Controller of Patents & Designs. The primary objection was the lack of specification regarding the ratio of constituents and novelty issues. The High Court found that the suggested amendments could address the non-specification issue and remanded the application for a fresh hearing.

trademark plaintiff favorable · May 14, 2024

Bisleri International Private Limited v.M/S Shri Sai Foods & Beverages & Ors

Delhi High Court - Orders · CS(COMM) 697/2019 (I.A.82/2021 & I.A.689/2021)

The Delhi High Court granted the plaintiff, Bisleri International Private Limited, an extension of 90 days to execute local commissions in a trademark infringement suit. The court also appointed four additional advocates as local commissioners. This order facilitates the quantification of damages by allowing detailed inspection and inventory of infringing goods at the defendants' premises.

trademark plaintiff favorable · May 13, 2024

Rajesh Chugh Kart Amir Chand And Sons Huf & Anr. v.Mr Nazim Khan Proprietor Partner Nazim S Kathi Roll & Ors.

Delhi High Court - Orders · CS(COMM) 326/2022

The Delhi High Court dismissed an interim application filed by the defendant, Mr. Nazim Khan, seeking court approval for a proposed trademark design. The Court found that despite some adherence to previous consent terms regarding font size and prominence, the new design still spotlighted 'NAZIM'S' on a standalone basis, violating the spirit of the earlier agreement. Consequently, the application was rejected, reinforcing the importance of strict compliance with court-mandated usage restrictions during litigation.

patent In favor of Plaintiff · May 13, 2024

Gsp Crop Science Pvt. Ltd v.Devender Kumar

Delhi High Court - Orders · CS(COMM) 55/2024

The Plaintiff filed a suit for infringement of Indian Patent No. 3841841 related to a suspo-emulsion of Pendimethalin and Metribuzin. The parties mutually resolved their disputes and agreed to a compromise.

patent No outcome · May 13, 2024

F- Hoffmann -La Roche Ag v.Zydus Lifesciences Limited

Delhi High Court - Orders · CS(COMM) 159/2024

The case involves allegations of patent infringement regarding product patent IN 268632 and process patent IN 464646.

patent No outcome · May 13, 2024

Boehringer Ingelheim Pharma Gmbh v.Natco Pharma Limited

Delhi High Court - Orders · CS(COMM) 256/2020

The plaintiffs alleged infringement of their statutory rights over Indian Patent No. 224186. The parties amicably resolved their disputes and executed a Settlement Agreement.

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