Delhi High Court - Orders
2136 cases · page 43 of 72
Showing 1261–1289Microsoft Technology Licensing, Llc v.The Assistant Controller Of Patents And Designs
The petitioner challenged the position taken by the Assistant Controller of Patents and Designs. The Court found the affidavit filed by the Respondent to be inadequate in reasoning regarding Section 3(k) of the Patents Act, 1970. Consequently, the court directed the Controller General to ensure specialized Controllers assist the court on the next hearing date.
M And M Management Ltd., Mauritius (substituted by MHG IP Holding (Singapore) Pte Ltd) v.The Registrar Of Trade Marks, Delhi
The Delhi High Court allowed an application filed by M And M Management Ltd., Mauritius, seeking substitution of its name with MHG IP Holding (Singapore) Pte Ltd. The change was necessitated by a Deed of Assignment executed for certain trademarks, including 'TIVOLI HOTELS & RESORTS'. The court permitted the substituted appellant to carry out proposed amendments in the appeal memo and set a deadline for filing the revised appeal.
RSPL LIMITED v.AGARWAL HOME PRODUCTS & ANR.
This Delhi High Court order addresses a trademark dispute where RSPL LIMITED alleges that Respondent No. 1's registration of the word mark 'AGRAGHADIYAL' is deceptively similar to its well-known trademarks, 'GHARI' and 'GHADI'. The petitioner has filed an opposition against related marks and sought injunctive relief. The court acknowledged the core issue—the similarity between the marks—and granted the petitioner time to present relevant case law before scheduling a re-notification.
Ms. Aaradhya Bachchan And Anr. v.Bollywood Time & Ors.
Ms. Aaradhya Bachchan filed a civil suit alleging that various parties were circulating misleading videos on YouTube claiming she was critically ill or deceased, often using morphed pictures. The plaintiffs argued this violated her right to privacy and infringed upon the family's intellectual property rights, specifically copyright in their images. The court examined the role of social media intermediaries like Google LLC (YouTube) under the IT Rules, 2021, while setting procedural timelines for the parties to proceed with the infringement claim.
Inter Ikea Systems Bv v.Devashish Rattan And Ors
Inter Ikea Systems Bv successfully secured an ex parte ad interim injunction against Devashish Rattan and others in the Delhi High Court. The plaintiff alleged that the defendants were slavishly copying over 2300 product listings, including proprietary names, images, and descriptions from the IKEA website, falsely claiming association with the brand. The court found a prima facie case was made out, granting immediate relief to prevent irreparable harm to the internationally renowned 'IKEA' trademark and trade dress.
Joseph Vogele AG v.Registrar Of Trademarks
The Delhi High Court allowed Joseph Vogele AG's appeal against the Registrar of Trademarks' refusal of their 'AutoSet Plus' trademark. The court recognized the mark's international presence, including EU CTM registrations, and noted that the appellant had obtained no objection letters from relevant foreign proprietors. Consequently, the impugned refusal order was set aside, allowing the application to proceed for registration, provided specific disclaimers were included regarding the word 'Plus'.
Blackberry Limited v.Assistant Controller Of Patents And Designs Patent Office
Blackberry Limited appealed a refusal order issued by the Assistant Controller of Patents which held that its method claims were not patentable because they consisted of executable software instructions. The High Court set aside this refusal, citing judicial precedents, and remanded the application for fresh consideration.
Honeywell International Inc. v.The Controller General Of Patents, Designs and Trademarks
Honeywell International Inc. appealed a rejection of its patent application for a low-cost programmable HVAC controller, which was denied under Section 3(k) (computer implementational invention exclusion). The Delhi High Court found that the original order lacked adequate reasoning and deliberation from the Joint Controller, merely concurring with the Examiner's finding without providing sufficient justification. Consequently, the court set aside the impugned order and remanded the matter for fresh consideration, directing the Respondent to take into account relevant judicial precedents.
Dongguan Huali Industries Co. Ltd. v.Anand Aggarwal And Ors.
In a significant step toward addressing alleged infringement, the Delhi High Court allowed the plaintiff, Dongguan Huali Industries Co. Ltd., to appoint local commissioners against the defendants. The court directed two advocates to visit the defendant's premises in Delhi and Siliguri to conduct an inventory of goods bearing the trademark 'HUALI' or possessing a similar trade dress. This order provides the plaintiff with crucial evidence gathering power, allowing them to proceed with their claim regarding trademark and trade dress infringement.
Westcourt Real Estate Private Limited / Shri Man Mohan Singh & Anr. v.Shri Man Mohan Singh & Anr. / Westcourt Real Estate Private Limited
The Delhi High Court framed a comprehensive set of issues in the ongoing commercial suits between Westcourt Real Estate Private Limited and Shri Man Mohan Singh & Anr. The disputes cover various aspects including rent suspension during lockdown, claims for equipment costs, return of property, trademark infringement (specifically regarding 'Noci-In-Q' and 'Asaya'), and validity of lease termination. By framing these issues, the court set the stage for detailed evidence recording on July 21, 2023.
Nippon Telegraph And Telephone Corporation v.Controller Of Patents And Designs
Nippon Telegraph And Telephone Corporation appealed a decision by the Assistant Controller of Patents and Designs that refused its patent application (No. 6168/DELNP/2013) under Section 15 of the Patents Act, 1970. The High Court set aside the impugned order and remanded the matter back to the Assistant Controller for fresh consideration.
Microsoft Technology Licensing, Llc v.Assistant Controller Of Patents And Design
The appeal concerns the patentability of Computer Related Inventions (CRIs). The court heard arguments regarding the interpretation of Section 3(k) of the Patents Act, 1970. The respondent was given an opportunity to file an affidavit on whether the subject patent makes a technical contribution or effect.
Kalsi Metal Works Pvt Ltd v.Shree Ram Plastic Industries And Anr
The Delhi High Court allowed a joint application filed by Kalsi Metal Works Pvt Ltd and Respondent No. 1, leading to the cancellation of the impugned trademark registration (No. 2262092) in Class 17. This decision was reached following a compromise between the parties involved in the dispute. The court disposed of the appeal based on these mutual settlement terms.
Khadi And Village Industries Commission v.Pradeep Kumar Singh and Others
The Delhi High Court granted an interim injunction in favor of Khadi And Village Industries Commission against Pradeep Kumar Singh and others. The Plaintiff, proprietor of the well-known 'KHADI' trademark, successfully argued that the Defendants were deceptively using the mark 'ISOBEL KHADI GLOBAL' to ride on its goodwill. The court found a prima facie case for infringement and passing off, restraining the Defendants from using the impugned mark and maintaining the status quo on their website until further hearing.
M/S Prakash Industries Ltd. v.The Registrar Of Trade Mark & Ors.
The Delhi High Court addressed a contempt case involving M/S Prakash Industries Ltd. against the Registrar of Trade Marks concerning two specific trademark registrations. The court noted that one mark (No. 1800087) had been removed by the registry, while another (No. 1800086) was stated to have been abandoned. The court granted time for the respondents to file their replies and rejoinders, setting a future date for consideration.
Arena Pharmaceuticals, Inc. v.The Assistant Controller Of Patents And Designs
Arena Pharmaceuticals filed an appeal against the Assistant Controller's order rejecting its patent application. The appellant argued that certain grounds for rejection were not addressed during the hearing notice and pointed out inconsistencies within the rejection order.
M/S Sureka International v.Government E Marketplace & Anr.
M/S Sureka International challenged the lack of verification mechanisms on the Government E Marketplace (GeM) portal, arguing that false complaints regarding its trademark usage were damaging its reputation. The court acknowledged the reputational harm but noted that the dispute was fundamentally about trademark registration scope (Class 35 vs goods). Instead of mandating a specific mechanism, the Delhi High Court directed GeM to consider and respond to the petitioner's representation within two weeks.
Nokia Technologies Oy v.Guangdong Oppo Mobile Telecommunications Corp Ltd & Ors.
The court addressed several counter claims filed by counterclaimants seeking the revocation of four specific Indian patents (IN 259932, IN 269929, IN 321300, and IN 300066). The order directed that the counter claims be numbered, notice issued, and written statements filed.
Verizon Trademark Services Llc & Ors. v.Verizon Trade Services & Ors.
The Delhi High Court issued an order on April 12, 2023, in the matter of Verizon Trademark Services Llc & Ors. versus Verizon Trade Services & Ors. The court directed that the case be re-notified for a hearing on April 13, 2023. This procedural step indicates ongoing litigation concerning trademark matters between the two related entities.
Jagran Prakashan Ltd v.Jagran Production Ltd & Anr
The Delhi High Court addressed multiple connected suits involving Jagran Prakashan Ltd against various related entities concerning the use of the 'JAGRAN' trademark. The court noted significant changes, including a company name change and another entity being under liquidation. Given the lack of compliance with previous orders regarding business operations, the court granted an extended deadline for defendants to file affidavits detailing their current business activities. Furthermore, the parties were directed to explore mediation as a potential resolution pathway.
Zydus Healthcare Ltd v.Shahid Ahmad Mir
In a significant resolution for the pharmaceutical sector, Zydus Healthcare Ltd successfully concluded its dispute with Shahid Ahmad Mir through a comprehensive settlement decree. The parties agreed that Defendant would cease all use of marks or packaging deceptively similar to 'PROTIMED.' Crucially, the defendant formally transferred all rights and goodwill associated with the registered trademark 'PROTIMED' (No. 2159273) to Zydus for a consideration of Rs. 5,00,000, effectively resolving the infringement claim.
Immunovative Therapies Ltd. v.The Controller Of Patents
Immunovative Therapies Ltd. appealed a rejection order dated December 4, 2018, concerning its patent application for 'TH1 VACCINATION PRIMING FOR ACTIVE IMMUNOTHERAPY'. The appellant argued that the rejection based on Section 3(d) and (i) was incorrect, as the invention relates to therapeutic vaccine methods using allogeneic CD3/CD28 cross-linked Thl memory cells.
Esteve Pharmaceuticals S.A. v.Controller Of Patents And Designs
Esteve Pharmaceuticals S.A. appealed a rejection order issued by the Controller of Patents and Designs regarding its Indian Patent Application No. 1435/DELNP/2012. The application, which relates to a co-crystal formulation of Tramadol and Celecoxib, was rejected for lacking novelty and inventive step under Section 3(d) and (e).
A Dot Limited v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by A Dot Limited against the Registrar of Trade Marks' refusal to register the trademark 'WHAT DO YOU SEE?'. The court held that a combination of dictionary words forming a tagline can function as a source identifier, provided it does not describe the features or quality of the goods/services. Recognizing the mark's use as an expressive prompt rather than a descriptive feature, the High Court set aside the refusal and directed the Registry to process the application, while ensuring the rights are limited strictly to the phrase 'WHAT DO YOU SEE?'
Beiersdorf Ag v.Rsh Global Private Limited & Anr.
This order addressed an application by Beiersdorf Ag alleging that Rsh Global Private Limited was disobeying previous court injunctions regarding the use of deceptively similar cosmetic packaging. The plaintiff pointed out that the defendant's product remained available on various e-commerce websites despite the existing restraint orders. The defendants countered, stating they were actively contacting these third-party sites to have the products removed. Given the complexity of enforcement across multiple online platforms, the court granted a short adjournment to allow further submissions on this critical issue.
Red Bull Ag v.Vandana Chetankumar Maraviya Trading As Vandana Beverages & Ors.
In a trademark infringement suit, Red Bull Ag sought an interim injunction against Vandana Beverages for allegedly using similar marks and trade dresses. The Delhi High Court granted a temporary restraint order, compelling Defendants No. 1 and 3 to immediately cease the use of the disputed marks and remove online advertisements. Crucially, the court allowed them to continue selling existing stock already manufactured and distributed, balancing protection of IP rights with commercial realities.
Akzo Nobel Coatings International B.V. v.Ambience Limited And Anr
The Delhi High Court addressed a trademark dispute concerning the identical mark 'AMBIANCE'. After considering arguments regarding co-existence under Section 12 of the Trade Marks Act, 1999, the court ruled in favor of Akzo Nobel Coatings International B.V. The judgment directs the Registry not to consider Ambience Limited's existing application for 'AMBIANCE' in Class 02 when evaluating the petitioner's applications, thereby allowing both parties to use the mark concurrently on the register.
S. N. Biri Factory Private Limited v.Mukesh Chand Khandelwal & Anr.
The Delhi High Court addressed a dispute concerning artistic works used in matchstick branding, where the Petitioner alleged that Respondent No. 1's new copyright was deceptively similar to their existing registered designs and trademarks. Despite the Deputy Registrar of Copyrights initially rejecting the objection, the Court found prima facie evidence suggesting imitation of unique features and misappropriation of phrases like 'शहे नशाह मािचस NO. 99'. Consequently, the High Court granted a stay on the effect of the impugned copyright registration while the matter proceeds.
Puma Se v.Naveen Sikka And Anr
The Delhi High Court allowed Puma Se's petition to cancel a specific trademark registered by Naveen Sikka and Anr. The judgment followed a settlement agreement reached between the parties, which was found to be lawful. Consequently, the court ordered the removal of the impugned mark from the Register of Trade Marks in Class 9.
Cellresearch Corporation Pte Ltd v.Controller Of Patents And Designs
The appeal challenges an order rejecting Cellresearch Corporation's divisional patent application (No. 10875/DELNP/2013) based on lack of distinct invention from its parent application (No. 1492/DELNP/2007). The appellant argues that the rejection is invalid because the objections raised in the parent application had already been complied with.
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