Delhi High Court - Orders
2136 cases · page 30 of 72
Showing 871–899Frhi Hotels & Resorts S.A R.L. v.Abdul Rehman & Ors.
The Delhi High Court addressed an injunction application in a trademark infringement suit brought by Frhi Hotels & Resorts S.A R.L. The court accepted the Plaintiff's claim regarding the established goodwill associated with 'FAIRMONT' and 'THE FAIRMONT'. Crucially, Defendant No. 1 agreed to cease using the infringing device mark and domain name 'www.fairmontin.in', leading the Court to grant a temporary injunction and a four-week period for implementation of the changes. The court also extended these directions to Defendants No. 2 and 3.
Castrol Limited v.Vikas Mishra
The Delhi High Court granted an interim injunction in favor of Castrol Limited against Vikas Mishra regarding alleged trademark and trade dress infringement. The court found a prima facie case based on the similarity between Castrol's established global brand and the defendant's use of marks like 'ACTIVE', 'ACFIVE', and 'POWER'. This initial order restrains the defendant from using confusingly similar branding while mandating the disclosure of sales accounts, setting the stage for further litigation.
President And Fellows Of Harvard College v.Controller General Of Patents Designs and Trademarks
The dispute involves President and Fellows of Harvard College challenging the rejection of their patent application for 'non-native' pancreatic beta cells used in diabetes treatment. The Controller General objected primarily on grounds related to Section 3(j) of the Patents Act, 1970, arguing that any cell product originates from an animal source. The court directed both parties to file a brief note clarifying the patentability of these 'non-native' cells and reviewing relevant precedents before proceeding with other objections.
Sulzer Mixpac Ag v.Assistant Controller Of Patents And Designs
Sulzer Mixpac Ag appealed the rejection of its patent application for a 'STATIC MIXER' by the Assistant Controller. The rejection was based on lack of novelty and inventive step in view of cited prior art documents (D1-D4). The court dismissed the appeal, upholding the Patent Office's objections.
Eris Lifesciences Limited v.Controller Of Patents & Anr.
This order addresses two concurrent proceedings concerning Patent IN 243301, which had expired on August 18, 2023. The erstwhile patentee argued the petitions were infructuous due to expiry. Petitioners contended that validity must still be decided as they faced ongoing infringement actions where invalidity was raised as a defense.
Reliance Industries Limited & Anr v.Olx India B. V. & Anr
The Delhi High Court addressed applications concerning the ongoing trademark infringement suit filed by Reliance Industries against Olx India. The court confirmed that the existing interim injunction, initially granted to prevent misuse of 'JIO' and 'RELIANCE' trademarks in job advertisements, would continue throughout the pendency of the suit. Furthermore, the scope of this injunction was clarified to apply specifically to job-related misuses, while reserving rights for further action regarding product sales.
Varun Chohpra & Anr. v.Shyam Sunder Chopra Sons Huf & Ors
The Delhi High Court addressed a new suit filed by Varun Chohpra & Anr. against Shyam Sunder Chopra Sons Huf, which alleged trademark infringement concerning the 'NATRAJ' brand. The court noted that a similar matter was already pending in Bangalore. Before proceeding with summons, the court directed steps to ascertain the maintainability of the current suit due to the new cause of action. Consequently, notice was issued to the defendants for a returnable hearing.
Mona Aggarwal v.Sandhya Gupta
This Delhi High Court order addresses a rectification petition filed by Mona Aggarwal against the trademark 'Super MULTI PLUS' used by Sandhya Gupta. Mona Aggarwal argues that since her prior passing-off suit established her as the prior user, and Sandhya Gupta failed to provide documentary evidence of use since 1994, the registration should be cancelled as fraudulent. The court has noted these arguments but deferred a final decision, setting a date for further hearing.
Rajesh Jain v.Amit Jain & Another
The Delhi High Court dismissed the plaintiff's appeal challenging the refusal to grant discovery of documents. The suit involves trademark infringement and passing off, where defendants raised a defense of distinctiveness. The court ruled that since the sought-after documents were primarily intended to rebut an earlier application (under Order 39 Rule 4 CPC) which was decided nearly ten years prior, they lacked relevance at the current stage of the proceedings. Consequently, the plaintiff must rely on other evidence to prove their case.
Akums Drugs Pharmaceuticals Limited v.Ferring B.V.
The defendant filed an application seeking discovery of facts and particulars of the plaintiff's product to obtain a declaration of non-infringement under Section 105 of the Patents Act, 1970. The court addressed the dispute regarding whether merely furnishing 'full particulars in writing' is sufficient or if the actual product must be shared.
M/S Reflect Sculpt Private Ltd. v.Abdus Salam Khan
In a suit concerning alleged counterfeiting and infringement, the Delhi High Court granted several interim reliefs in favor of M/S Reflect Sculpt Private Ltd. The court allowed exemptions for urgent proceedings, including waiving advance service and pre-institution mediation, recognizing the need for swift action against counterfeit products. Furthermore, the court appointed a Local Commissioner to investigate the alleged infringements, allowing access to premises and financial records to gather evidence regarding the unauthorized use of unique designs and the 'GAURAV GUPTA' trademark.
Anil Kumar Gera Trading As Alka Food Industries v.Mr Ramesh Chander Trading As Anil Food Industries
This Delhi High Court order addresses a petition seeking the cancellation of two impugned copyright registrations related to a confectionary tablet label. The Petitioner argued that the Respondent failed to comply with mandatory notice requirements under the Copyright Rules, 2013. Conversely, the Respondent contended that the Petitioner was not an 'aggrieved person' and cited prior rejection orders as res judicata. The Court deferred final adjudication, requiring both parties to clarify the pending issues in the underlying suits.
M/S Nowfloats Technologies Limited v.The Registrar Of Trade Marks
The Delhi High Court ruled in favor of M/S Nowfloats Technologies Limited, allowing them to renew their trademark registration despite missing the statutory renewal deadline. The court found that the notice sent by the Registrar's office was never properly received by the petitioner due to incorrect addressing and procedural errors. This decision underscores the importance of proving proper service of official communications in IP matters.
Kubota Corporation v.Kaira Agros & Ors.
The Delhi High Court granted urgent interim relief to Kubota Corporation in its suit against Kaira Agros. Recognizing the threat posed by counterfeit products, the court allowed an ex-parte appointment of a Local Commissioner. This commissioner is directed to search premises and seize packaging, stickers, and promotional material bearing infringing marks, while also documenting non-infringing machinery. The order paves the way for the formal registration of the suit.
GS1 India v.Deepak Traders & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of GS1 India against Deepak Traders & Ors. The dispute centers on the exclusive licensing and allocation of specific 13-digit GTIN barcodes (starting with '890') within India. The court found a prima facie case, noting that defendants were allegedly contravening the Terms of Use by allocating these unique identifiers to unauthorized entities, thereby disrupting the global GS1 identification system.
Archian Foods Private Limited v.Shri Balaji Beverages & Ors.
Archian Foods Private Limited successfully secured an ex-parte interim injunction from the Delhi High Court against Shri Balaji Beverages & Ors. The court granted permission for a Local Commissioner to be appointed, enabling the seizure and confiscation of alleged counterfeit products bearing the 'LAHORI ZEERA' brand. This decisive order allows the plaintiff to take immediate action against infringement across multiple IP rights, including trademark, trade dress, copyright, and design.
Retail Royalty Company And Anr v.Rohit Madan, Trading As Sita Outdoor Media
The Delhi High Court allowed an application filed by the Plaintiff, Retail Royalty Company And Anr, to amend a previous court order. The amendment corrected an error apparent on the face of the record concerning the specific description of the 'Flying Eagle Device' trademark. This procedural step ensures that the legal proceedings accurately reflect the intellectual property rights being asserted.
M/S. P.M. Diesels P. Ltd. v.M/S. Thukral Mechanical Works & Ors.
The Delhi High Court delivered a multi-faceted judgment addressing several IP disputes involving the 'FIELDMARSHAL' trademark. In one suit, the court decreed P.M. Diesels Pvt. Ltd.'s claim against Thukral Mechanical Works, while simultaneously ordering the cancellation of an older registration held by Thukral Mechanical Works in Class 7. Furthermore, the High Court set aside previous rejection orders for P.M. Diesels' trademark applications, allowing them to proceed toward registration.
Mayo Foundation For Medical Education and Research v.Assistant Controller Of Patents And Designs
The appeal concerns the patentability of a method for detecting autoantibodies in biological samples. The respondent argued that the method was ineligible under Section 3(i) because it described a diagnostic process. The petitioner countered, but the respondent raised a legal challenge based on a Madras High Court judgment, arguing that the previous finding (that in vitro methods were acceptable) was incorrect.
north side brewers private ltd v.the registrar of trade marks
North Side Brewers Private Ltd appealed a decision of the Registrar of Trade Marks. The appellant sought condonation of delay in filing the appeal, prompting consideration of relevant case law regarding the Registrar's discretionary powers and precedents concerning trademark delays.
Jaypee Brothers Medical Publisher Pvt Ltd v.Rama Krishna Books
The Delhi High Court granted an ex parte ad interim injunction in favor of Jaypee Brothers Medical Publisher Pvt Ltd against Rama Krishna Books. The publisher alleged that the defendant was selling substandard, infringing copies of their medical textbooks while also misusing their registered trademarks. The court found a prima facie case for infringement and ruled that granting the injunction was necessary to prevent irreparable harm to the plaintiff's business interests in the specialized medical publishing market.
City Glass And Glazing Pvt Ltd v.Ozone Overseas Pvt Ltd
The Plaintiff filed a commercial suit alleging infringement of their patent, 'a self locking glazing system'. The court granted exemption from pre-institution mediation and directed the parties to proceed with the suit. The Defendant contested the injunction, raising objections regarding the validity and suppression of the patent.
Up Hotels Clarks Limited v.Arjun Bhanot Trading As Arjun Clarks Inn and Anr.
The Delhi High Court ruled in favor of Up Hotels Clarks Limited, cancelling a competing trademark registration held by Arjun Bhanot Trading As Arjun Clarks Inn. The court found that the respondent's mark was deceptively similar to the petitioner's established 'CLARKS' brand, which possesses significant goodwill and reputation dating back decades. Despite the respondent's claims of honest adoption, the court determined that the similarity, coupled with the identical class of services (hotels/restaurants), created a high likelihood of consumer confusion, thus violating trademark law.
Flipkart Internet Private Limited v.Godaddy Operating Company Llc & Ors.
The Delhi High Court addressed an appeal concerning the admissibility of a written statement in a trademark infringement suit involving domain names. The court clarified that in complex domain name disputes with numerous impleadments, the 120-day period for filing a written statement commences from the date the amended memo of parties is filed, not the initial notice date. Consequently, the court allowed the appeal and permitted the defendants' written statement to be taken on record after they paid a stipulated fee.
The Board Of Directors Of The Woodstock School Nand Teachers Training College v.Rajneesh Arora And Anr.
The Delhi High Court disposed of a joint application regarding the settlement between The Board Of Directors Of The Woodstock School and Rajneesh Arora. As part of the agreement, Respondent No. 1 agreed to withdraw their impugned trademark (No. 1519967) registered in Class 41. Furthermore, Respondent No. 1 also withdrew oppositions filed against the Petitioner's trademark applications (Nos. 2825545 and 2825546). The Court directed the Trademark Office to process these withdrawals expeditiously, confirming that both parties remain bound by the settlement terms.
Kaushalya Devi Sabu & Ors. v.Rajkumar Sabu
The Delhi High Court addressed a complex family dispute concerning the trademark 'SACHAMOTI' used for sabudana. The appeal challenged a lower court judgment that favored the respondent, holding that the appellants failed to prove prior use of the mark. Recognizing the contentious nature and the underlying familial connection to the brand creation, the Court directed that the status quo ante should be maintained until the final disposal of the appeal. This allows both parties to continue operating their businesses without claiming sole ownership.
Allied Blenders And Distillers Limited v.Samvid Ventures Private Limited & Ors.
The Delhi High Court granted an ad interim injunction in favor of Allied Blenders And Distillers Limited against Samvid Ventures Private Limited & Ors. The court found that the defendant's use of the mark 'Western Choice' was deceptively similar to the plaintiff's registered trademarks, including 'Officer's Choice.' This crucial ruling immediately restricts the defendants from manufacturing or selling alcoholic beverages using the infringing label. Furthermore, the order mandates a structured process for the disposal of existing stock while the main suit proceeds.
Bhargava Phytolab Private Limited v.Ldd Bioscience Private Limited
The Delhi High Court granted an interlocutory injunction in favor of Bhargava Phytolab Private Limited against Ldd Bioscience Private Limited regarding trademark infringement. The court found that the defendant's use of 'TUMOTIN' was deceptively similar to the plaintiff's registered mark 'TUMORIN,' leading to a prima facie case for infringement under Section 29 of the Trade Marks Act. While the injunction restricts future use, the parties were also directed to mediation to amicably resolve the dispute.
Poly Medicure Limited v.Assistant Controller Of Patents And Designs
Poly Medicure Limited appealed against the Assistant Controller's order which concluded that its subject patent lacked inventive step. The appellant argued that the subject application claimed improvements over an earlier granted patent (Patent No. 327649) and sought conversion into a patent of addition under Section 54 of the Patents Act, 1970. The Court found merit in this submission.
Aethlon Medical, Inc v.Controller General Of Patents, Designs and Trademarks
The appellant filed an auxiliary request proposing amended claims for their patent application. These amendments were necessitated by limitations granted by the European Patent Office (EPO). The court addressed issues related to prior art and whether the subject application constitutes a method of treatment.
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