Delhi High Court - Orders
2136 cases · page 45 of 72
Showing 1321–1349Modi-Mundipharma Pvt. Ltd. & Anr. v.Win Health Pharma Through: Its Proprietor Mr. Sanjay Seth & Anr.
The Delhi High Court granted an ex parte ad interim injunction in favor of Modi-Mundipharma Pvt. Ltd., finding that the Defendant's use of the mark 'CARDIOCONTIN' constituted a prima facie infringement on the Plaintiffs' established 'CONTIN' series trademarks and trade dress. The court noted the extensive goodwill, high sales figures (over Rs. 2000 crores), and the likelihood of confusion caused by the identical product type and near-identical packaging. While the injunction was granted against 'CARDIOCONTIN', the issue regarding the use of the mark 'WIN' was reserved for a later hearing after notice to the Defendants.
Patanjali Ayurved Limited v.Yog Guru Ayurveda & Ors.
The Delhi High Court permitted Patanjali Ayurved Limited to amend its plaint in a trademark infringement suit against Yog Guru Ayurveda & Ors. The court found that the proposed amendments were procedural, correcting inadvertent errors and clarifying the scope of the claims without altering the substance or prejudice to the defendants. This allows the core dispute regarding alleged trademark infringement and passing off to proceed with more precise pleadings.
Sns Products Private Limited v.Ijazuddin
The Delhi High Court disposed of a commercial suit (CS(COMM) 34/2022) in favor of Sns Products Private Limited. The defendant, Ijazuddin, agreed to permanent injunctive relief for the plaintiff and consented to transferring all relevant trademark and copyright applications to the plaintiff. Consequently, the court passed a decree based on these terms, resolving the dispute.
Fontaine Limited v.Vinod Mahadik & Anr.
Fontaine Limited successfully petitioned the Delhi High Court for the cancellation of a conflicting trademark, 'impugned mark,' registered by Vinod Mahadik & Anr. The Petitioner demonstrated that the Respondent had failed to use the mark continuously for over five years, providing evidence of non-use through investigator reports and online searches showing inactivity. Given the Respondent's failure to appear despite substituted service, the Court allowed the petition, directing the cancellation of the conflicting registration.
Samridhi Enterprises v.Flipkart Internet Private Limited & Ors.
Samridhi Enterprises filed a suit against Flipkart and several sellers for alleged infringement of its trade marks and copyrighted marketing materials related to car covers. The court recognized the prima facie case of infringement, particularly concerning the unauthorized use of design look-and-feel and promotional imagery by third-party sellers on the platform. Crucially, the court issued an interim injunction restraining these infringing parties from using the plaintiff's intellectual property until the full trial can proceed.
Astral Limited & Anr. v.Astralglee & Ors.
The Delhi High Court disposed of the suit between Astral Limited and Astralglee following a comprehensive settlement agreement reached by both parties. The court decreed the suit in favor of the Plaintiffs against specific defendants (No. 1, 2, and 3) according to the terms of the settlement dated February 21, 2023. Notably, the judgment confirmed that one clause within the settlement—where Defendants admitted 'ASTRAL' is a well-known trademark—would legally bind them.
Pidilite Industries Limited v.Mr. X, Trading As, M/S Prabhat Store
In a trademark infringement case concerning Pidilite Industries Limited's products (FEWIKWIK and M-SEAL), the Delhi High Court granted an extension for its local commissioners. The court allowed the plaintiff to continue seizing counterfeit goods based on new market evidence, ensuring that enforcement actions could proceed until the next hearing date. This order maintains the status quo regarding anti-counterfeiting measures while allowing defendants time to prepare their defense.
Element Six Technologies Limited v.Controller Of Patents And Design
The appellant challenged the Deputy Controller's order refusing grant of a patent application (No. 10030/DELNP/2011) under Section 3(d). The court allowed the appeal, setting aside the refusal and remanding the application for fresh consideration of the remaining claims.
Ashok Kumar Gupta & Anr. v.Sandip @ Sandeep Yadav & Anr.
The Delhi High Court initiated trademark opposition proceedings where Petitioners, established users of a mark in the Plaster of Paris (POP) business since 2004, sought cancellation of a registered mark held by Respondent No. 1. The court allowed an initial application for exemption regarding document filing while setting out the procedural framework for the dispute. Notice was issued to the respondents, and the parties were directed to file detailed submissions before further hearings.
Diamond Star Global Sdn. Bhd. v.Joint Controller Of Patents And Designs
The appellant challenged the rejection of its patent application for 'Hygiene Wash' by the Joint Controller. The appellant argued that the rejection, based on insufficiency of disclosure (Section 10(4)), was violative of natural justice as no objection was raised at earlier stages. The court directed re-notification to hear the matter further.
Ozone Overseas Private Limited v.Sukkhjinder Singh Virdi & Ors.
The Delhi High Court framed issues in the suit filed by Ozone Overseas Private Limited against Sukhkjinder Singh Virdi & Ors. The litigation involves multiple IP claims, including infringement of the registered trademark OZONE/OZONE DEVICE and copyright infringement related to product catalogues and logos. Furthermore, the plaintiff has alleged passing off due to the defendants' use of near-identical materials. This order sets the stage for a full trial addressing territorial jurisdiction, ownership rights, and damages.
Greaves Electric Mobility Private Limited v.The Controller Of Patents & Ors
The petitioner, Greaves Electric Mobility Private Limited, filed a case against The Controller of Patents. The respondent argued that the Controller was not a necessary or proper party to the revocation petition, relying on Section 64(5) of the Patents Act, 1970.
Purushottam Singhal Proprietor Ms. Prime Cable Industries v.Registrar Of Trade Marks & Anr.
The Delhi High Court addressed a dispute concerning the proper service of an objection notice related to a trademark application. The core issue was whether the appellant (Purushottam Singhal Proprietor Ms. Prime Cable Industries) actually received the notice sent by the Registrar of Trade Marks, who claimed it was delivered to their agent. Given the conflicting claims regarding service, the Court decided not to rule immediately.
Dabur India Limited v.Goodluck Ayurveda Private Limited
Dabur India Limited successfully secured a decree against Goodluck Ayurveda Private Limited regarding the infringement and passing off of its trademark 'HONITUS.' The dispute was amicably resolved through mediation, leading to a Settlement Agreement. Under this agreement, the Defendant acknowledged Dabur's rights, agreed to cease using the infringing packaging/label/trade dress, modified their product presentation, and paid Rs. 1,00,000/- to the Plaintiff.
Visage Beauty & Healthcare Pvt. Ltd. v.Herbal Carts & Ors.
The Delhi High Court issued several crucial interim orders in the trademark infringement suit, Visage Beauty & Healthcare vs Herbal Carts & Ors. The court directed Fashnear Technologies Pvt. Ltd., an e-commerce intermediary, to provide contact details of sellers listing infringing products on its platform. Furthermore, the court allowed the impleadment of a proposed defendant involved in alleged collusion and deferred the request by Facebook Inc. to modify existing interim injunction terms regarding 'similar' vs. 'identical' URLs.
Rusan Pharma Ltd v.Aumgen Pharma Llp & Ors
The case involved a settlement agreement between RUSAN PHARMA LTD and AUMGEN PHARMA LLP regarding patent infringement. The defendants agreed not to engage in activities infringing the plaintiff's patent.
Dr. Sapna Nangia v.The Assistant Controller Of Patents And Designs
Dr. Sapna Nangia appealed against an order from the Assistant Controller of Patents and Designs which found that her patent application lacked inventive step based on cited prior arts D1-D3. The appellant argued that the decision was non-reasoned, leading to a request for remand.
Umang Dairies Limited v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Umang Dairies Limited against the Registrar of Trade Marks' refusal of their device mark 'WHITE MAGIK'. The court found that while the word 'WHITE' might relate to milk products, the composite mark is suggestive rather than descriptive. Furthermore, the court determined that the subject mark was prima facie dissimilar from cited marks and noted that evidence of use had been on record but overlooked by the Examiner. Consequently, the refusal was set aside, and the registration process was directed to proceed.
Smithkline Beecham Limited v.Gskfinancial.Com & Ors.
In this Delhi High Court order, Smithkline Beecham Limited sought relief against rogue websites operating under similar domains like gskfinancial.com. The plaintiff alleged that these sites were fraudulently collecting money from the public while incorporating its corporate identity and trademarks (GSK). The court issued extensive interim directions, including permanent injunctions against trademark infringement, restraints on domain name registration, and specific orders to block access to fraudulent websites and freeze associated bank accounts.
Adama India Private Limited v.Fmc Corporation & Anr.
Adama India Private Limited filed a suit seeking a declaration that its process for manufacturing Chlorantraniliprole (CTPR) does not infringe Patent No. IN 298645 held by FMC Corporation. The court, while addressing an interim application, granted a temporary restraint on the defendants from contacting distributors or regulatory authorities to prevent business hindrance.
Inbrew Beverages Pvt. Ltd. v.Mount Shivalik Industries Ltd. & Anr.
Inbrew Beverages Pvt. Ltd. filed a petition seeking the removal of an identical trademark from the register, arguing that their own mark was already registered. The Delhi High Court found a prima facie case in favor of Inbrew but granted Mount Shivalik Industries Ltd. an opportunity to respond before making a final decision on the removal prayer. This interim order sets the stage for further litigation regarding trademark rights.
Landmark Crafts Private Limited v.Union Of India Through Its Secretary & Anr.
This order in Landmark Crafts Private Limited vs Union Of India concerns the rectification of Trademark No. 266607. The court noted that the matter was pending and scheduled it to be listed before the IP Division on March 2, 2023. This procedural step indicates the ongoing legal process aimed at correcting issues related to the registered trademark.
Claridges Hotel Pvt Ltd v.Mr. Rajdeep Sharma & Anr.
Claridges Hotel Pvt Ltd filed a contempt petition alleging that Mr. Rajdeep Sharma and others were willfully disobeying a prior court order dated May 11, 2017. The original order required the respondents not to use the 'CLARIDGES' trademark. Claridges presented evidence showing the respondent continued using the trademark for a real estate project in advertisements. While the petition was filed alleging infringement and contempt, the Court issued directions for further proceedings rather than delivering a final judgment.
Surender Kumar v.The Registrar Of Trademakrs
The Delhi High Court allowed Surender Kumar's appeal against the Registrar of Trademarks' decision to refuse registration for the mark 'CANON'. The court found that the Senior Examiner erred by disregarding a prior settlement decree, which explicitly permitted the use and registration of 'CANON' for the services applied for. Furthermore, the court dismissed objections regarding user date requirements as they were introduced after the application was filed. Consequently, the refusal order was set aside, and the Registry was directed to proceed with the mark's advertisement and registration.
American International School Chennai v.American International School Greater Noida & Ors.
The Delhi High Court granted an interim injunction in favor of American International School Chennai against American International School Greater Noida. The court found a prima facie case of trademark infringement and passing off, noting that the defendant's use of the name 'American International School' was likely to deceive the public. This crucial early ruling protects the plaintiff's registered trademarks while the full litigation proceeds.
Travelodge Hotels India(Ip) Pte Ltd v.Registrar Of Trademarks
The Delhi High Court allowed the appeal filed by Travelodge Hotels India(Ip) Pte Ltd against the Trademark Registry's refusal of its application for 'TRAVELODGE SKYE'. Despite concerns regarding similarity with prior marks, the court directed that the subject mark be permitted to be advertised without acceptance. This decision allows the applicant to proceed with the registration process while any underlying disputes over the core 'TRAVELODGE' mark remain pending.
Saurav Chaudhary v.Union Of India & Anr.
Saurav Chaudhary filed a writ petition seeking mandamus from the Delhi High Court to compel the Controller General of Patents, Designs and Trademarks to restore his patent application. The application, for a "Blind-Stitch Sewing Machine," had been deemed abandoned under Section 21(1) of the Patents Act, 1970. Chaudhary contended that the abandonment was an error caused by his erstwhile Patent Agent and that he never intended to abandon the invention.
H.S. Sahni, Sole Proprietor M/S M. K. Auto Sales Corporation v.Saic Motor Corporation Limited & Ors.
The Delhi High Court addressed an interlocutory application filed by the plaintiff, H.S. Sahni, seeking a stay under Section 124 of the Trademarks Act, 1999. The court issued notice to the defendants and set the matter for return on July 4, 2023. This order indicates that the dispute regarding trademark rights is actively progressing through litigation.
Desert Friendly Camps Private Limited v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Desert Friendly Camps Private Limited against the Registrar of Trade Marks' refusal of its trademark application, 'THE SERAI JAISALMER.' The court found that the mark was not descriptive for Class 43 services, especially given the existence of a nearly identical registered mark in the same classes. Furthermore, considering the lapse or refusal status of most cited prior marks, the Court directed the Trademark Registry to process and advertise the application, subject to an explicit disclaimer regarding the word 'JAISALMER.'
Exxon Mobil Corporation v.Mobilfuels Private Limited & Anr.
In this trademark dispute, Exxon Mobil Corporation challenged the use of an impugned mark by Mobilfuels Private Limited. While the defendant claimed to be giving up the mark, the court noted that the defendant had also filed a registration application which needed withdrawal. The court directed the defendant to place communication regarding the withdrawal on record and scheduled a future hearing specifically to address claims for costs and damages.
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