Delhi High Court - Orders
2164 cases · page 43 of 73
Showing 1261–1289The Polo/Lauren Company L.P. v.Abhinav Mehta And Anr.
In this trademark dispute before the Delhi High Court, the court addressed procedural matters concerning an undertaking filed by the respondent. Since the crucial undertaking was not placed on record and the petitioner had not received a copy, the judge directed the parties to coordinate documentation. Consequently, the hearing was re-notified for June 1, 2023, allowing both sides time to ensure all necessary documents are properly presented.
Voiceage Evs Llc v.Guangdong Oppo Mobie Telecommunications Corp Ltd & Ors.
The plaintiff, Voiceage Evs Llc, filed a suit alleging that the defendants infringed upon four specific Indian patents related to EVS Standards in their mobile handsets. The court registered the plaint and issued summons, while also addressing several interlocutory applications concerning document filing and seeking temporary injunctions.
Bundl Technologies Private Limited v.Pankaj Garg & Ors.
The Delhi High Court addressed the initial proceedings of a suit filed by Bundl Technologies against Pankaj Garg & Ors. The plaintiff alleges that the defendant's registered trademark infringes upon and attempts to unfairly capitalize on the goodwill of the 'SWIGGY' mark, which is declared a well-known mark. While procedural steps were taken to register the suit and manage filings, the court specifically queried the counsel regarding the validity of using the 2022 'well-known' status as grounds for challenging the defendant's earlier registered trademark.
Rachna Sagar Pvt Ltd v.Sovereign Mercantile Pvt Ltd & Ors.
The Delhi High Court confirmed an existing interim injunction in favor of Rachna Sagar Pvt Ltd against Sovereign Mercantile Pvt Ltd and others. The court found that the Defendants' use of a deceptively similar mark, 'RACHNA SAGAR,' amounted to prima facie passing off. Given the Plaintiff's extensive market presence, prior usage since 1996, and substantial revenue in the publishing sector, the court ruled that allowing the defendants to continue using the mark would inevitably cause consumer confusion and loss to the Plaintiff.
Prof Manju Pathak v.M/S Shree Agro Foods
Prof Manju Pathak appealed a previous judgment where she had succeeded in an infringement suit under the Patents Act, 1970. Her grievance was that the original court did not award damages, costs, delivery-up, or rendition of accounts for the infringing products.
Microsoft Technology Licensing, Llc v.The Assistant Controller Of Patents And Designs
The petitioner appealed a matter before the Delhi High Court concerning an objection related to Section 3(k) of the Patents Act, 1970. The court heard arguments and directed the Controller General of Patents, Designs and Trade Marks to ensure the presence of a Controller for assistance on the next date.
Jay Switches (India) Pvt. Ltd. v.Sandhar Technologies Ltd & Ors.
The Plaintiff filed a suit alleging that the Defendant's fuel tank cap infringes their patent (IN427110) and registered design (275676). The court passed several orders, including allowing an exemption from pre-litigation mediation and granting interim relief regarding the production of impugned products.
Wrangler Apparel Corporation v.H.S. Kishori Lal & Ors.
The Delhi High Court addressed a request to stay a trademark infringement suit while separate rectification petitions questioning the validity of the trademarks were pending. Citing recent legal precedents, particularly following the Tribunals Reforms Act, 2021, the court ruled that there is no need to stay the civil suit. Instead, it ordered the consolidation of the main suit and all related rectification petitions to be tried together before the High Court.
Datt Mediproducts Pvt Ltd v.Siddharth Mandal And Anr
The Delhi High Court ruled in favor of Datt Mediproducts Pvt Ltd regarding a petition seeking cancellation of a trademark registration. The court observed that the subject mark's registration had expired on March 5, 2022, and the mandatory renewal period, including the grace period, had lapsed without action by the respondent. Consequently, the court directed the concerned party to remove the non-renewed mark from the Register of Trade Marks.
Alpa Laboratories Limited v.Troikaa Pharmaceuticals Ltd And Anr.
The court heard arguments regarding the maintainability of a revocation petition filed by Alpa Laboratories Limited, which was based on the apprehension that Troikaa Pharmaceuticals Ltd would institute an infringement suit. The court directed parties to seek instructions and re-notify the matter.
Fmc Corporation v.Adama India Private Limited
The plaintiffs filed a civil suit alleging that the defendants infringed their process patent (IN'645) related to the manufacture of Chlorantraniliprole (CTPR). The court registered the plaint as a suit, issued summons, and set timelines for filing written statements and pleadings.
Dwd Pharmaceuticals Limited v.Sun Pharmaceutical Industries Limited
The Delhi High Court addressed an application by Sun Pharmaceutical Industries seeking permission to cancel the trademarks 'ZEST' and 'FERIZEST' registered by Dwd Pharmaceuticals Limited. The court dismissed the request concerning 'ZEST', citing principles of acquiescence, noting that the plaintiff had previously relied on similar marks containing 'ZEST'. However, the court issued notice for the cancellation petition regarding 'FERIZEST', allowing the litigation to proceed on that mark.
Bennett Coleman And Companylimited v.E Entertainment Television Llc And Anr
The Delhi High Court addressed applications seeking condonation of delay in filing rejoinders in trademark cancellation proceedings. The court allowed the delays, allowing the petitioner to file their responses. Furthermore, the court framed specific issues regarding the potential cancellation of two distinct trademarks (No. 2340887 and No. 1252812) and set a clear schedule for the parties to proceed with evidence and trial.
Knitpro International v.Examiner Of Trade Marks
The Delhi High Court allowed the appeal filed by Knitpro International against the Trade Marks Registry's refusal of a trademark application for a pattern on a knitting needle. The court found that the subject mark was inherently distinctive, capable of distinguishing goods, and that the objections raised under Sections 9 and 11 of the Act were untenable. Consequently, the court set aside the previous refusal and directed the Trade Marks Registry to proceed with the registration process.
Gujarat Cooperative Milk Marketing Federation Limited v.Amul Electromech Private Limited & Ors.
The Delhi High Court issued interim orders in favor of Gujarat Cooperative Milk Marketing Federation Limited (Amul) against several defendants regarding trademark infringement. The court directed specific defendants to immediately suspend access to infringing domain names (like www.amulfans.com), block social media accounts, and remove product listings on e-commerce platforms like Amazon. For other intermediaries, the court mandated a 'notice and takedown' mechanism, requiring them to promptly remove any content bearing Amul's trademarks upon receiving notification from the plaintiff.
Dr.Reddy S Laboratories Ltd v.Ancalima Lifesciences Limited And Ors
The Delhi High Court addressed an application seeking to frame additional issues and consolidate a related trademark rectification petition into the ongoing passing off suit. The court noted that since the challenge to the defendant's trademark validity was already pending in a separate rectification case, there was no need to frame new issues in the current suit. Consequently, the court ordered the consolidation of the rectification petition with the present suit to ensure unified trial proceedings before the Joint Registrar.
R.H Agro Overseas Pvt Ltd v.Sweety Jain, Proprietor Of Mahajan Foods & Ors
The Delhi High Court disposed of a petition filed by R.H Agro Overseas Pvt Ltd against Sweety Jain and others regarding alleged breach of an earlier court undertaking. The respondent parties provided a fresh, binding undertaking to the court, promising not to misuse the petitioner's registered trademark 'NAFIS' or its associated copyright in any manner. With both parties agreeing to this resolution, the court formally disposed of the pending litigation.
Adama Makhteshim Ltd v.The Controller Of Patents
Adama Makhteshim Ltd appealed the refusal of its patent application (No. 201617025525) by the Controller of Patents, which was based on lack of inventive step and clarity/sufficiency of disclosure. The Court found that procedural irregularities vitiated the impugned order because it failed to address all grounds of objection raised in the Hearing Notice.
3M Deutschland Gmbh v.The Senior Examiner Of Trade Marks, Delhi
The Delhi High Court allowed 3M Deutschland Gmbh's appeal against the Senior Examiner's refusal to register its mark 'PENTA'. Although the court noted that several cited marks were phonetically similar, it ultimately favored the appellant due to evidence of the mark's long-standing use and established reputation in India since 2004. The registration application was directed to be processed, though any subsequent opposition would be decided on its own merits.
J. B. Chemicals And Pharmaceuticals Ltd v.Mahendra Singh And Anr
The Delhi High Court granted an interim injunction in favor of J. B. Chemicals And Pharmaceuticals Ltd against Mahendra Singh and Anr regarding trademark infringement. The Plaintiff, owner of the 'BIZFER' marks for pharmaceutical products, successfully argued that the Defendants' use of the similar mark 'VIZFER' constituted deceptive similarity. Given the potential negative ramifications for public health and safety due to the alleged unauthorized use in the pharma sector, the court restrained the Defendants from manufacturing or marketing the impugned mark until further hearing.
Under Armour Inc. v.Ashwani & Anr.
In this ongoing trademark litigation, the Delhi High Court issued procedural orders to advance the case. The court directed that notice be served on all parties and set a returnable date for July 2023. Crucially, the court allowed an application seeking access to the official records of Trademark Registration No. 5372621 in Class 25, ensuring these documents would be placed before the court for consideration.
Millennium Pharmaceuticals, Inc v.The Controller Of Patents
Millennium Pharmaceuticals appealed the refusal of its patent application (No. 9677/DELNP/2011), which had been rejected under Section 3(e) of the Patents Act, 1970. The High Court allowed the appeal and set aside the impugned order, remanding the matter to reconsider only the objection raised under Section 3(e).
Russell E. Freebury v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Russell E. Freebury against the Registrar of Trade Marks' rejection of their trademark 'ZINKA'. The court noted that the goods covered by the appellant were distinct from those cited in opposition, and considering the long-standing use of the mark, it set aside the refusal order. Consequently, the application was allowed to proceed with a modified device mark, directing the Registry to process its registration.
Agensys Inc v.Assistant Controller Of Patents Asnd Designs
Agensys Inc appealed an order from the Assistant Controller of Patents and Designs which rejected its application under Section 3(d) of the Patents Act, 1970. The appellant argued that their monoclonal antibody invention demonstrated a technical effect (improved affinity/cross-reactivity) not considered by the Controller, thus warranting the setting aside of the impugned order.
Sunshine Velvet Private Limited v.Ramesh Kumar Jeevraj Luniya & Ors.
In this trademark infringement suit, the Delhi High Court issued procedural orders while addressing an interim application. The court noted that Defendant No. 3 was yet to be served and directed fresh service. Crucially, regarding the core dispute, the court confirmed the existing interim order concerning Defendants 1 and 2, despite their claim of changing the firm's name from 'SAANCHI VELVET FABRICS' to 'SAMIKSHA VELVET FABRICS'. The matter is set for further pleading completion.
Microsoft 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.
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