Delhi High Court - Orders
2164 cases · page 35 of 73
Showing 1021–1049NHK Spring Co Ltd v.Controller Of Patents And Designs
NHK Spring Co Ltd appealed a refusal order issued by the Controller of Patents and Designs, which rejected their patent application on grounds of 'lack of inventive step'. The appellant argued that the Impugned Order failed to provide adequate reasoning as to how the ground of obviousness was made out based on cited prior art. The Delhi High Court agreed, finding the Assistant Controller's analysis insufficient.
Gujarat Co-Operative Milk Marketing Federation Ltd. v.Sarda Dairy & Food Products Limited
The Delhi High Court decreed the trademark infringement suit filed by Gujarat Co-Operative Milk Marketing Federation Ltd. (Amul) against Sarda Dairy & Food Products Limited. The judgment was reached after both parties entered into a comprehensive settlement agreement. Defendant No. 1 acknowledged that the plaintiff's trademarks and trade dress were valid, and undertook to cease all use of similar marks/labels. Consequently, the court upheld the terms of this settlement, granting relief to Amul.
Purshotam Keshwani & Ors. v.Nishant Mitrasen Mahimtura & Ors.
The Delhi High Court addressed an application regarding alleged non-compliance with a prior injunction restraining the use of the trademark 'LIBAS'. The court clarified that while the defendants were previously granted a limited, temporary exception allowing them to use a specific logo format ('RIYAZ GANGJI' in bold with 'LIBAS' underneath), this pro tem arrangement did not supersede the original comprehensive injunction. The court directed the parties to engage in settlement talks regarding any alleged violations of the standalone mark 'LIBAS', setting a date for compliance.
Bayona Spa v.Varun Exports & Ors.
The Delhi High Court disposed of a petition concerning a trademark dispute between Bayona Spa and Varun Exports & Ors. The court noted that the respondents had filed an application to withdraw the impugned mark before the Trademarks Registry. Consequently, the petitioner's relief was deemed infructuous, leading the court to issue directions for the Registrar of Trademarks to cancel the registration No. 4188398 in class 25.
Smt. Uma Rathi v.Keshavdeep Iron Traders Pvt. Ltd.
Smt. Uma Rathi initiated proceedings in the Delhi High Court seeking the cancellation of the trademark 'Ratni Power' registered by Keshavdeep Iron Traders Pvt. Ltd., citing grounds under Sections 9, 11, and 18 of the Trade Marks Act, 1999. The court granted exemptions for filing certain documents while simultaneously directing that notice be issued to the respondents. This marks the formal commencement of litigation challenging the validity and registration of the disputed trademark.
Bombay Metal Works P. Ltd. v.R.S. Industries Regd. & Anr.
The Delhi High Court granted an ex parte ad-interim injunction in favor of Bombay Metal Works P. Ltd., preventing R.S. Industries Regd. & Anr. from continuing to use packaging that is deemed deceptively similar to the plaintiff's trade dress for Ball Head Racers. The court found a prima facie case regarding the defendants' attempt to pass off their products as those of the plaintiff, noting the similarity in color combination and overall get-up despite differences in trademarks.
Saint-Gobain Placo v.Pooja Industries (Indigyp Frames)
The case involves a dispute over patent infringement where the plaintiffs allege that the defendant has infringed their patents. The parties have reached a consent decree to resolve the matter amicably.
Astrazeneca Ab & Anr. v.Azista Industries Pvt Ltd & Ors.
The suit concerns the infringement of Plaintiff No. 1's patent (IN 297581) related to the drug Osimertinib, a second-line treatment for non-small cell lung cancers. The Plaintiffs sought an ad interim injunction against the Defendants who were allegedly manufacturing and selling infringing versions under the brand OSITAB.
Rich Products Corporation v.The Controller Of Patents & Anr.
Rich Products Corporation filed a writ petition challenging an order that dismissed its pre-grant opposition and permitted the grant of Indian Patent No. 449435. The Court held that since effective mechanisms like post-grant opposition or revocation petitions exist under the Patents Act, 1970, the writ petition could not be entertained.
M/S Sana Herbals Pvt. Ltd. v.Dehlvi Remedies Pvt. Ltd.
The Delhi High Court consolidated multiple trademark-related suits, including infringement and rectification petitions, involving M/S Sana Herbals Pvt. Ltd. and Dehlvi Remedies Pvt. Ltd. The court framed a comprehensive set of 11 issues to be determined during the trial. These issues cover core disputes such as trademark infringement, passing off, validity of registrations, and the scope of assignment rights related to the mark 'DEHLVI'. This consolidation streamlines the litigation process for both parties.
Hp Organic Foods Private Limited v.Shree Khatu Shyam Agro Foods & Ors.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Hp Organic Foods Private Limited against Shree Khatu Shyam Agro Foods & Ors. The court allowed procedural exemptions for the plaintiff, including filing additional documents and waiving pre-litigation mediation. Crucially, regarding the injunction application (Order XXXIX), the court noted the plaintiff's claims of extensive sales and deceptive similarity in the 'INDANA FRESH' brand used by the defendants. The court directed notice to the defendants and mandated them to maintain detailed accounts of their product sales.
Srinath Kumbargeri Venkatachalappa v.C.A. Shivaram & Anr.
The Delhi High Court addressed several interlocutory applications in trademark disputes involving the brand 'PARIMALA COFFEE'. The court granted exemptions regarding document submission formats, allowing the petitioner flexibility due to logistical constraints. Crucially, the court also allowed the petitioner to file digitally signed and notarized affidavits despite their attorney being abroad, streamlining procedural requirements for complex IP litigation.
Arthrogen Gmbh v.Controller General Of Patents, Designs And Trademarks and Anr
Arthrogen Gmbh appealed the rejection of its Indian patent application for a method involving gold particle enrichment of blood serum. The Patent Office had rejected the claim under Section 3(i) and 3(j) of the Patents Act, arguing it constituted a 'method of treatment.' Arthrogen successfully argued that the claims were directed towards a novel 'method of producing' a substance, not a direct method of treating humans. Consequently, the Delhi High Court set aside the rejection order and remanded the matter for fresh consideration.
Equitas Small Finance Bank Limited v.3Sk Innovations Pvt. Ltd.
The petitioner invoked Section 64(1) of the Patents Act, 1970, to seek the revocation of Indian Patent 307627. The court granted exemption and issued notice to all respondents, directing them to file their replies within specified timelines.
Hero Investcorp Private Limited And Anr. v.Diamond Autos
In a suit concerning the alleged infringement of 'HERO' trademarks, Hero Investcorp Private Limited sought various interim reliefs against Diamond Autos. The Delhi High Court addressed several interlocutory applications, granting exemptions from pre-institution mediation and advance service due to urgency. Crucially, the court permitted the appointment of a Local Commissioner to inspect the defendant's premises in Ludhiana to verify the alleged counterfeit products, setting the stage for further proceedings on the injunction application.
M/S Rspl Health Private Limited v.Reckitt And Colman Overseas Hygiene Home Limited & Anr.
M/S Rspl Health Private Limited appealed the rejection of its application to rectify the trademark 'HARPIC DRAINXPERT'. The core dispute revolves around whether Reckitt & Colman's use of a similar mark, specifically 'DRAIN XPERT POWDER', constitutes infringement or grounds for rectification. The appellant argues that the slight variation in spelling and presentation is deceitful and confusingly similar to their registered trademark. The court has listed the matter for further hearing to consider these complex arguments regarding similarity and deceptive intent.
Macleods Pharmaceuticals Ltd. v.Alkem Laboratories Ltd. & Anr.
Macleods Pharmaceuticals filed an application seeking permission from the Delhi High Court to initiate trademark rectification proceedings against Alkem Laboratories. The core issue was challenging the validity of the Defendant's registered mark, ALSITA, in Class 5. The court accepted notice and scheduled the matter for further hearing, allowing the parties time to file their respective responses.
Nutraceutical Wellness Inc. v.Dhruvil Damajibhai Zadafiya As D D Fashion & Anr.
Nutraceutical Wellness Inc. initiated proceedings before the Delhi High Court seeking the cancellation of a trademark registration held by the respondent. The petitioner argued that their internationally registered and long-standing wordmark, 'NUTRAFOL,' relates to over-the-counter hair growth products. The court accepted the petition and directed the issuance of notice to the respondents, setting the stage for further litigation regarding the validity and use of the mark.
Ads Spirits Pvt. Ltd. v.Shubhom Juneja
The Delhi High Court granted an interim injunction favoring Ads Spirits Pvt. Ltd. against Shubhom Juneja regarding alleged trademark infringement and passing off of whisky. The court found a prima facie case based on the near-identical nature of the trade dresses and packaging used for 'Royal Green' and 'Royal Queen' whiskies, coupled with phonetic similarity between the names. This order temporarily restricts the defendant from introducing further products in the confusing manner.
Waterotor Energy Technologies Inc. v.Union Of India & Anr.
The petitioner filed a writ petition seeking to set aside an order deeming abandonment of its Indian Patent Application (No. 202017037539) under Section 21(1) of the Patents Act, 1970. The petitioner claims they received no information regarding the response deadline for the first examination report and that the failure was due to lack of communication from the Second Patent Agent (SPA).
Novartis Ag v.MSN Laboratories Pvt Ltd
The parties presented joint issues to the Delhi High Court. The court framed multiple issues concerning the validity of Indian Patent IN 233161 based on various grounds (prior art, inventive step, etc.) and whether the defendant's manufacture/sale of Eltrombopag Olamine infringes this patent.
Aryan Educational Society v.C.D. Goyal Foundation
In this trademark dispute, the Delhi High Court addressed several interlocutory applications filed by Aryan Educational Society against C.D. Goyal Foundation. The court allowed the plaintiff's request for an ad-interim injunction notice, noting that the defendant was allegedly using a similar mark ('The Aryan School') in Haryana despite the plaintiff holding a registered trademark. Furthermore, the court formally registered the suit and granted various procedural exemptions to facilitate the ongoing litigation.
Ajay Goyal v.Anil Verma & Anr.
The Delhi High Court addressed several interlocutory applications in the trademark infringement case filed by Ajay Goyal against Anil Verma & Anr. The court allowed the plaintiff's application seeking an injunction, recognizing claims of deceptive similarity between 'SUFIYANA' and 'SUFIYAMA', alongside copying of trade dress and artistic work. Furthermore, the Court appointed a Local Commissioner to seize infringing products and materials, ensuring the continuation of the suit while addressing urgent concerns regarding trademark infringement.
Tata Sons Private Limited & Anr. v.Mohan Kumar Kotana
The Delhi High Court granted the plaintiffs (Tata Sons Private Limited & Anr.) an interim permanent injunction in their suit against Mohan Kumar Kotana. The case involves alleged infringement of Tata's intellectual property rights related to its mineral water products, 'TATA COPPER+' and 'TATA WATER PLUS'. The court allowed the appointment of a Local Commissioner to inspect the defendant's premises, seize infringing goods and materials, and demand disclosure of sales records, significantly advancing the plaintiffs' claim for protection against IP misuse.
Taco Bell Corp. v.Tamoghna Foods & Enterprises & Anr.
The Delhi High Court addressed several interlocutory applications in the ongoing trademark dispute between Taco Bell Corp. and Tamoghna Foods & Enterprises. The court granted certain procedural exemptions while directing parties to adhere strictly to commercial courts rules regarding document submission. Crucially, the main petition seeking rectification and removal of an existing mark (Registration No. 3628356) was advanced, with notice issued to the respondents to file their response within four weeks.
Saint-Gobain Placo v.Pooja Industries (Indigyp Frames)
The Plaintiffs are seeking to permanently restrain the Defendant from infringing their Indian Patents related to construction elements. The Defendant is accused of trading in products that are copies of the Plaintiffs' patents.
Rajesh Sultania And Anr. v.Arun Kumar Murarka
The Delhi High Court dismissed a petition filed by Rajesh Sultania and Anr. which challenged the rejection of a plaint in an infringement suit brought by Arun Kumar Murarka. The Petitioners argued that the Respondent lacked standing to sue for trademark infringement because he was not the registered proprietor of 'YEH KHILA YEH KHILA.' However, the Court found that the comprehensive nature of the Respondent's claim—which included both copyright and trademark infringement—disclosed a valid cause of action. Furthermore, the court noted an assignment deed supporting the Respondent's ownership claims, concluding that the preliminary rejection of the plaint was correct.
Axon Enterprise, Nic v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Axon Enterprise against the Registrar of Trade Marks' refusal to register its trademark 'AXON'. The court found that through strategic use of consent letters and modifications to the description of goods (including disclaimers), the objections raised regarding conflicting marks could be overcome. Consequently, the registration application was directed to proceed to advertisement before acceptance, paving the way for eventual registration.
Incyte Holdings Corporation v.Tiba Pharmaceutical Pvt Ltd
Plaintiffs filed suit alleging infringement of their Indian Patent (IN269841) covering the compound 'Ruxolitinib'. The court granted exemption from advance service, noting that the Defendant had not yet launched infringing products. Furthermore, the court passed detailed orders allowing for an ex-parte ad interim injunction and appointed a Local Commissioner to search premises and seize any infringing stock.
Mcnroe Consumer Product Pvt. Ltd. v.Idam Natural Wellness Pvt. Ltd. & Anr.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Mcnroe Consumer Product Pvt. Ltd., a leading FMCG manufacturer, against its defendants regarding alleged trademark infringement and disparagement. The court found that the Plaintiff's distinctive trade dress and registered mark 'SECRET TEMPTATION' were being referenced negatively in an advertisement. Consequently, Defendant No. 1 was restrained from broadcasting the impugned video, and Defendant No. 2 (YouTube) was directed to block/takedown the offending content.
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