Delhi High Court - Orders
2136 cases · page 50 of 72
Showing 1471–1499Messrs Shree Ghantakaran Pipes Pvt Ltd v.Mr Pushpinder Garg & Ors / Super Impex and Anr.
The Delhi High Court addressed multiple facets of the trademark dispute involving 'MONICA GOLD' and 'MONICA PRIME'. In the infringement suit, the court allowed an application to appoint a Local Commissioner to inspect the defendants' premises and inventory infringing goods. Separately, the court initiated proceedings for the rectification of the mark 'Monica Prime', issuing notices to the respondents. The overall matter remains active with interim orders in place.
Premier Nutritions Privat Limited v.Amit Product A Proprietary Connern
The Delhi High Court granted an interim injunction in favor of Premier Nutritions Privat Limited against Amit Product A Proprietary Connern, finding that the defendant's use of 'DOODH MANTHAN' was deceptively similar to the plaintiff's registered trademark 'MANTHAN/PREMIER MANTHAN'. Furthermore, the court allowed the appointment of a Local Commissioner to conduct an inventory and seize infringing products, reinforcing the immediate protection available to IP holders facing market imitation.
Dfm Foods Ltd. v.Ms Nenimemi Foods Pvt. Ltd. & Anr.
In this trademark dispute, the Delhi High Court granted a one-week extension to Defendant No. 1 to file its required affidavit. Crucially, the court also issued an assurance that the defendant would refrain from selling the disputed product under the 'CORN CURLS' trademark until the next hearing date. This interim order maintains the status quo while allowing procedural compliance in the ongoing infringement litigation.
Cinni Foundation Through Managing Trustee Dipak Kumar Sah v.The Registrar of Trade Marks & Anr.
The Delhi High Court addressed an appeal filed by Cinni Foundation challenging the rejection of its trademark application 'CINNI' in Class 07, which relates to pumps. The court issued notice and directed that the respondents be served with the appeal documents. Both matters were subsequently listed for a detailed hearing on January 16, 2023.
Designarch Consultants Pvt Ltd v.Jumeirah Beach Resort Llc
Designarch Consultants Pvt Ltd filed a suit against Jumeirah Beach Resort Llc, seeking permanent injunction and declarations that the defendant's legal threats regarding trademarks and architectural design were unjustifiable. The plaintiffs also claimed damages for alleged infringement. However, since the defendant had already initiated a counter-suit alleging trademark and copyright infringement, the court found the current claims infructuous. Consequently, the suit was disposed of without prejudice to the pending litigation.
Scipharm Sarl v.Asstt. Controller Of Patents And Designs
Scipharm Sarl appealed a decision made by the Assistant Controller of Patents and Designs refusing the grant of a patent application titled 'Novel Composition for the Treatment of Cystic Fibrosis'. The case was transferred from the IPAB to the Delhi High Court. The court issued notice and directed both parties to file written submissions.
Eris Lifesciences Limited v.Controller Of Patents & Anr.
Both petitions sought the revocation of Indian Patent No. 243301 under Section 64 of The Patents Act, 1970. The court condoned delays in filing written statements and disposed of related interlocutory applications. The matter was listed for further hearing due to the patent's impending expiry.
Guillermo Horacio Pino v.Blissbury Care Pvt. Ltd. & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Guillermo Horacio Pino against Blissbury Care Pvt. Ltd. and others. The Plaintiff, who owns significant goodwill associated with the children's content brand 'PLIM PLIM,' successfully argued that the Defendants were using an identical mark for baby diaper products. The Court found a prima facie case, noting the likelihood of irreparable harm to the Plaintiff's reputation due to consumer confusion.
Gland Pharma Ltd. v.Akums Drugs And Pharmaceuticals Limited & Anr.
Gland Pharma Ltd. filed a rectification petition against Akums Drugs And Pharmaceuticals Limited, seeking cancellation of the Respondent's trademark 'CLINDIUM'. The Petitioner claims prior use and ownership of the similar mark 'CLINDUM' in pharmaceutical preparations. While the court condoned the delay in filing the petition and ordered the summoning of relevant records, it denied an immediate interim stay on the impugned trademark due to its existing registration status. The matter is now scheduled for further pleadings.
Dfm Foods Limited v.Ms Nenimemi Foods Private Limited & Anr.
In this intellectual property dispute concerning the 'CORN CURLS' brand, the Delhi High Court issued an interim order allowing Defendant No. 1 to continue selling its existing stock while agreeing to a complete rebranding. The defendant was directed to file an affidavit committing to changing both the product packaging and the trademark from 'CORN CURLS' to 'CORN CURVES'. This decision balances the need for brand protection with practical commercial realities.
Bikanervala Foods Private Limited v.Saatvik Foods & Ors.
The Delhi High Court addressed a petition filed by Bikanervala Foods against Saatvik Foods, concerning the continued use of Bikanervala's concept and intellectual property after the termination of a franchise agreement. While the core dispute is subject to ongoing arbitration, the court issued interim directions. The respondents were specifically ordered to remove photographs installed during the franchise period and modify their menu format to differentiate it from Bikanervala's established standards.
Cnh Industrial (India) Pvt. Ltd v.Tirth Agro Technology Pvt. Ltd
The case involves a dispute over the cancellation of registered designs related to agricultural technology. The Defendant's application for cancellation of the designs was allowed, leading to appeals by the Plaintiff.
Eureka Forbes Limited v.National Internet Exchange Of India & Ors.
The Delhi High Court addressed applications concerning a trademark dispute between Eureka Forbes and NIXI/related parties. The court allowed defendants to resume use of the domain name www.rocareindia.com, lifting an earlier ex-parte injunction that had blocked it. However, this relief was conditional: the defendants must strictly adhere to existing restrictions prohibiting them from using or representing themselves as connected with Eureka Forbes' trademarks like 'Aquaguard' and 'Forbes'.
M/S Allied Blenders And Distillers Ltd. v.Essencia Beverages Private Limited
The Delhi High Court granted an ex-parte ad-interim injunction in favor of M/S Allied Blenders And Distillers Ltd. against Essencia Beverages Private Limited. The Plaintiff alleged that the Defendant was infringing its registered trademarks ('Officer's Choice') and copyrighted trade dress by using a deceptively similar label for 'True Blu Reserve Whisky'. Citing the established reputation and well-known status of the Plaintiff's brand, the Court found a prima facie case existed, leading to the immediate restraint on the Defendants' activities until further hearing.
Universal City Studios Llc v.M/S Select Infrastructure Pvt. Ltd. And Anr.
In a series of related trademark appeals, the Delhi High Court allowed applications filed under Order XXII Rule 10 CPC for substitution of the respondent's name. The court permitted the change of Respondent No. 1 from 'Select Infrastructure Pvt. Ltd.' to its assignee, 'Select Citywalk Retail Pvt. Ltd.', following an Assignment Deed executed on August 17, 2022. This procedural order ensures that all ongoing litigation concerning the assigned trademarks is correctly addressed by the new legal entity.
Divay Hygiene Private Limited v.Kamal Garg & Anr.
The Delhi High Court ruled in favor of Divay Hygiene Private Limited against Kamal Garg & Anr. for trademark infringement concerning feminine hygiene products. The court found that the Defendants' use of the deceptively similar mark 'ANNY MAXI' constituted infringement and passing off of the Plaintiff's established brand, 'AMMY'. Based on evidence gathered by a Local Commissioner, including seized infringing goods, the Court decreed the suit, awarding nominal damages and significant legal costs to the Plaintiff.
Natco Pharma Limited v.Bristol Myers Squibb Company And Anr
The court consolidated a rectification petition and a suit related to the same patent. An additional issue was framed regarding whether Indian Patent IN 247381 is liable for revocation under specific sections of the Patents Act, 1970.
Central Park Estates Pvt Ltd & Ors. v.M I Builders Pvt. Ltd.
The Delhi High Court ruled in favor of Central Park Estates Pvt Ltd, granting a permanent injunction against M I Builders Pvt. Ltd. for using the deceptively similar mark 'M.I. CENTRAL PARK' in real estate projects. Crucially, the court also ordered the cancellation and removal of the respondent's trademark (No. 4164879) from the register, following an out-of-court settlement where the defendant agreed to the terms.
Jack In The Box Inc. v.Marching Ants Hospitality Pvt Ltd.
In a dispute concerning the Jack In The Box trademark, the Delhi High Court issued an interim order restraining one of the respondents from assigning the disputed trademark rights to any third party. This protective measure was granted after the petitioner expressed concern that such an assignment could render the ongoing litigation infructuous. The court has scheduled the matter for further hearing in February 2023.
Aiwa Co Ltd. v.Aivva Enterprises Private Limited & Ors.
The Delhi High Court confirmed an existing ex parte ad interim injunction in favor of Aiwa Co Ltd. against Aivva Enterprises Private Limited. The court found that the defendants were using marks ('AIVVA') visually and phonetically similar to the well-known 'AIWA' trademark, leading to a prima facie case of infringement and passing off. Despite arguments regarding prior knowledge and lack of disclosure by the plaintiff, the court held that the balance of convenience favored Aiwa, thus maintaining the injunction until the final trial.
Elanco Tiergesundheit Ag v.The Assistant Controller Of Patents And Designs
Elanco Tiergesundheit Ag appealed a decision by the Assistant Controller of Patents and Designs which rejected its patent application (No. 3679/DELNP/2015) for 'Preparation of Live Vaccines' due to lack of novelty and inventive step. The court first addressed applications regarding exemption from affidavits, filing additional documents, and condonation of delay.
Bayer Pharma Aktiengesellschaft v.The Controller Of Patents
Bayer Pharma Aktiengesellschaft filed an appeal challenging the Controller of Patents' order dated October 29, 2021. The original rejection was based on non-patentability under Section 3(c) of the Patents Act, 1970, and lack of clarity.
Glaxosmithkline Intellectual Property Development Limited v.The Controller of Patents
Glaxosmithkline Intellectual Property Development Limited appealed against an order passed by The Controller of Patents rejecting its patent application (No. 201617034934). The rejection was based on lack of inventive step and non-patentability under Section 3(d) of the Patents Act, 1970.
M/S Allied Blenders And Distillers Ltd. v.Rajasthan Liquors Limited & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of M/S Allied Blenders And Distillers Ltd. against Rajasthan Liquors Limited & Ors. The court found that the Plaintiff, owner of the well-known trademark 'Officer's Choice,' had made out a prima facie case for infringement and passing off due to the Defendants' use of deceptively similar marks like 'High Choice.' This interim order immediately restrains the Defendants from manufacturing or selling goods using the impugned mark until further proceedings.
Sunil Mittal & Anr. v.M/S Darzi On Call
The Delhi High Court proceeded with the trademark infringement suit filed by Sunil Mittal & Anr. against M/S Darzi On Call. The court framed five key issues, including whether the defendant's use of 'DARZI ON CALL' constitutes trademark infringement or passing off, and whether the term 'DARZI' is distinctive to the plaintiffs. This order sets the stage for the trial by directing both parties to file their lists of witnesses and affidavits within specified timelines.
Ved Prakash Soni v.Vidya Prakashan Mandir Pvt. Ltd & Anr.
The Delhi High Court addressed several applications in the trademark dispute between Ved Prakash Soni and Vidya Prakashan Mandir Pvt. Ltd. The court allowed an exemption application while simultaneously issuing notice to the respondents regarding the main suit. Both parties were directed to exchange necessary documentation, with a timeline set for filing replies and rejoinders, indicating that the substantive litigation is proceeding.
Sharad Mehra v.Sanjay Mehra & Ors.
This Delhi High Court order addresses a dispute between two brothers regarding the exclusive rights to the trademark 'Superon' following a Family Settlement concerning their company. The court formalized an agreement where Sharad Mehra conceded the right to use 'Superon' in the domestic market, while Sanjay Mehra gained exclusivity for that territory. To facilitate this transition, the court directed parties to seek expedited approvals from Metrology and GST authorities regarding packaging changes.
Dow Agrosciences Llc v.The Controller Of Patents
Dow Agrosciences Llc filed an appeal challenging the rejection order dated September 9, 2020, concerning its patent application for 'ENDPOINT TAQMAN METHODS FOR DETERMINING ZYGOSITY OF COTTON'. The case was listed before the Delhi High Court after being transferred from the IPAB due to the Tribunals Reforms Act, 2021.
Ashok Kumar Gupta & Anr. v.Rishabh Bansal & Anr.
The Delhi High Court disposed of a complex IP dispute involving trademark infringement, copyright violation, and rectification petitions between Ashok Kumar Gupta and Rishabh Bansal. The parties reached a comprehensive settlement agreement mediated by the court. Under the terms, the defendant acknowledged the plaintiffs' proprietary rights in the 'SAKARNI' brand (trademark) and its packaging features (copyright). The defendant committed to withdrawing an infringing mark, ceasing all use of similar marks/designs, and paying substantial damages.
Boehringer Ingelheim International GmbH v.Mr X Trading As Messrs Amar Medical Store & Ors.
Boehringer Ingelheim International sought an ex-parte ad-interim injunction in a suit concerning its pharmaceutical products. The Plaintiff asserted rights over its trademarks and distinctive trade dress, which it claimed constituted original artistic works under the Copyright Act. While the court allowed the application for interim relief, it mandated that notice be issued to the Defendants before execution of the order, setting the stage for further litigation regarding brand protection.
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