Delhi High Court - Orders
2136 cases · page 53 of 72
Showing 1561–1589Kent Ro Systems Limited & Anr. v.Bajrang Impex Private Limited
The Delhi High Court granted an interim injunction in favor of Kent Ro Systems Limited against Bajrang Impex Private Limited, finding a prima facie case of infringement regarding the design and logo used on water purifier cabinets. The court recognized that irreparable harm would occur without immediate protection. Furthermore, to definitively ascertain the extent of manufacturing and sales, the court appointed a Local Commissioner with specific mandates to inspect the defendant's premises, seize infringing materials, and report on production figures.
Mensa Brand Technologies Pvt. Ltd. v.Kartik Fashion & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Mensa Brand Technologies against Kartik Fashion & Ors., finding a prima facie case of trademark infringement and passing off. The court recognized that the defendants were deceptively using the 'DENNIS LINGO' mark, along with similar trade dress features, to ride on the plaintiff's reputation in the e-commerce market. Furthermore, the Court appointed a Local Commissioner to inspect the defendants' premises, seize counterfeit goods, and document their infringing activities.
Vifor International Ltd. v.Competition Commission Of India
Vifor International Ltd. challenged the orders of the Competition Commission of India (CCI) which initiated an inquiry into its licensing practices regarding the patent for Ferric Carboxymaltose (FCM). Vifor argued that the CCI was exceeding its jurisdiction by seeking commercially sensitive information related to a patented product, touching upon rights under the Patents Act, 1970. The High Court dismissed the writ petition, finding it premature and noting that the CCI would consider the petitioner's objections.
Nokia Technologies Oy v.Vivo Mobile Communication Co., Ltd & Ors.
The court heard various interlocutory applications in a patent infringement suit filed by Nokia Technologies Oy against Vivo Mobile Communication Co., Ltd & Ors. The core issue addressed was whether the Plaintiff could amend its claims to include additional infringing devices or assert infringement under other patents during the pendency of the suit.
Ravinder Singhania v.Union Of India & Anr.
Ravinder Singhania filed a writ petition challenging the validity of certain provisions related to patents. Since one of the reliefs sought involved questioning the legal validity (vires) of Section 21(1) of the Patents Act, 1970 and Rule 24B(2)(i) of the Patents Rules, 2003, the court ordered the matter to be listed before a Division Bench.
Sotefin Sa v.Indraprastha Cancer Society And Research Center
Sotefin SA filed a suit seeking permanent injunction against the defendants for infringing Indian Patent No. 214088, which relates to a self-propelled carriage for horizontal transfer of motor vehicles. During the pendency of the suit, the parties amicably resolved their disputes and entered into Consent Terms.
Disposafe Health And Life Care Ltd & Hindustan Syringes & Medical Devices Limited v.Rajiv Nath & Anr.
The Delhi High Court consolidated two related commercial suits concerning trademark disputes involving the 'DISPOSAFE' and other 'DISPO' formative marks. The court framed detailed issues covering questions of mark proprietorship, alleged infringement, passing off, and prior user rights. This consolidation paves the way for a comprehensive trial to determine the validity and scope of the trademarks in the medical device sector.
Kajaria Ceramics Limited & Ors. v.Mr Suresh Kumar Aggarwal & Ors.
In this commercial suit concerning trademark matters, the Delhi High Court addressed procedural issues raised by the defendants. Despite initial difficulties in compliance with court orders, the Court allowed the written statement to be filed after imposing a cost of Rs. 10,000. The Court also directed that Defendant No. 1 would participate virtually due to health reasons and set future dates for the proceedings.
Infiniti Retail Limited v.M/S Croma Wholeseller & Ors.
Infiniti Retail Limited successfully sought judicial intervention against an infringing website, www.cromawholesellersltd.co.in, which was identified as using its registered trademarks and logo. The Delhi High Court allowed the plaintiff to implead the website owner as a defendant and extended the existing ex-parte ad-interim injunction to cover this new party. Crucially, the court directed the suspension of the infringing domain name and mandated that the responsible parties provide detailed registrant information, reinforcing strong protection for well-known trademarks in the digital space.
Osaka University v.Assistant Controller Of Patents And Designs
Osaka University appealed the Patent Office's order rejecting its patent application (No. 3495/DELNP/2012) for 'Bridged Artificial Nucleoside and Nucleotide'. The rejection was based on lack of novelty, inventive step, and Section 3(d) of the Patents Act, 1970.
Glaxo Group Limited v.Glenmark Pharmaceuticals Limited
The suit was filed by Glaxo Group Limited seeking rendition of accounts and recovery of money against Glenmark Pharmaceuticals Limited concerning Patent No. IN212714. The parties subsequently reached an amicable settlement, which the Court accepted and decreed the suit in terms of that agreement.
Incyte Holding Corporation v.Assistant Controller Of Patents And Designs
Incyte Holding Corporation appealed the rejection of its patent application (No. 8686/DELNP/2010) by the Assistant Controller of Patents. The appeal was filed after a considerable delay of 530 days. The court condoned this delay, allowing the main appeal to proceed.
Sun Pharmaceutical Industries Ltd v.Jimsun Life Sciences P. Ltd & Anr.
The Delhi High Court allowed a petition filed by Sun Pharmaceutical Industries Ltd seeking the cancellation of the trademark 'JIMSUN' held by Jimsun Life Sciences P. Ltd. The court granted the relief based on a settlement reached between the parties, where Respondent No. 1 agreed to have no objection to the cancellation. This order effectively cleared the path for the Petitioner to remove the disputed mark from the registry.
Merck Sharp & Dohme Corp v.Sanjeev Gupta
The commercial suit for patent infringement concerning Sitagliptin (protected by IN 209816) was settled between Merck Sharp & Dohme Corp and Sanjeev Gupta & Ors. The Defendants acknowledged the validity of the patent and agreed to cease all infringing activities, including manufacturing generic versions, until the patent expires.
Usha International Limited v.Citizen Udyog
The Delhi High Court addressed applications filed by the defendant seeking vacation of an interim injunction and return of the plaint due to lack of territorial jurisdiction. While the defendant argued that all operations were outside Delhi, the plaintiff countered by citing Section 134 of the Trademarks Act and evidence showing export activities originating from ICD Delhi. The court directed both parties to obtain and file the Local Commissioner's report and related photographic evidence before proceeding with the substantive arguments.
Popsockets Llc v.Flipkart India Private Limited & Ors.
In this trademark infringement suit, Popsockets LLC sought remedies against Flipkart India Private Limited for allegedly selling products under an infringing mark. The Delhi High Court issued several procedural orders on November 12, 2020. The court allowed the plaintiff to file additional documents and permitted the issuance of summons to all defendants, while also noting the dispute regarding whether Flipkart itself was infringing by selling the product under the disputed trademark.
General Mills Inc. v.Kaira District Cooperative Milk Producers Union Ltd Federation
In this ongoing trademark dispute, General Mills Inc. sought to incorporate the registration of its mark 'TRIX' into the existing pleadings. The Delhi High Court accepted the amendment and subsequently framed a new, specific issue before the court. This new issue directly addresses whether the defendant's use of the 'TRIX' mark constitutes infringement of the plaintiff's registered trademark.
Sandeep Kumar v.Pla Foods Private Limited & Anr.
The Delhi High Court addressed an appeal filed by Sandeep Kumar challenging an ex parte ad interim injunction issued by a lower Commercial Court, which restrained him from using the trademark 'CHEFFY'. The court noted that while the appellant raised issues regarding territorial jurisdiction and prior knowledge of usage, it deemed inappropriate to interfere with the existing interim order at that stage. The appeal was ultimately disposed of, allowing the original parties to advance their full contentions before the Commercial Court.
Tata Sons Private Limited & Anr. v.Chougle Salt Works Private Limited
Tata Sons Private Limited successfully resolved its intellectual property dispute against Chougle Salt Works Private Limited through mediation before the Delhi High Court. The parties executed a comprehensive settlement agreement acknowledging that the defendant had inadvertently infringed upon Tata's registered copyrights (TATASALT packaging) and trademarks (TATA SALT). Under the terms, the defendant agreed to cease using similar marks, destroy infringing materials, and permanently refrain from applying for or using any confusingly similar IP rights. The court subsequently decreed the suit based on this settlement.
Nokia Technologies Oy v.Vivo Mobile Communication Co., Ltd
The Plaintiff seeks a permanent injunction restraining the infringement of its rights in patents claimed to be standards essential to 3G and 4G communications standards. The Plaintiff suspects that various other patents may also be infringed by the Defendants.
Usha International Limited v.Tarun Arora Trading As Krishan Enterprises
Usha International Limited filed a suit seeking permanent injunction against Tarun Arora for trademark infringement concerning sewing machines. The Delhi High Court examined the plaintiff's claim, noting Usha's long-standing use of the mark 'USHA' since 1936 and its status as a well-known mark. Finding that the defendant was using the deceptively similar mark 'WSHA', the court granted an interim restraint order, preventing the defendant from using the infringing marks until further proceedings.
Merck Sharp & Dohme LLC v.Chiral Biosciences Limited
The suit was filed seeking a permanent injunction and damages against Chiral Biosciences Limited for infringing Merck Sharp & Dohme's patent (IN 209816) covering Sitagliptin. Although the court found evidence of infringement, it ultimately denied the permanent injunction because the patent had expired by July 2022, but awarded damages and costs.
The Goodyear Tire Rubber Company v.Deva Nand Sukhia
The Delhi High Court issued an order directing the Trademark Registrar to immediately comply with a prior judgment favoring Goodyear Tire Rubber Company. The court confirmed that the defendant had paid the stipulated litigation costs. Crucially, the Registrar was directed to remove the defendant's infringing 'GOOD YEAR' trademark (No. 1120219) from the register and dispose of related rectification and opposition proceedings within one week. This order solidifies Goodyear's position against unauthorized use of its mark.
M/S Babaji Udyog v.Lalit Kumar
The Delhi High Court issued interim directions in the trademark dispute between M/S Babaji Udyog and Lalit Kumar. The respondent was directed to modify his product's label, tagline, and general get-up to ensure no similarity with the appellant's registered marks. Concurrently, the appellant was required to submit clear copies of its trademarks. This order sets the stage for further evidence presentation in the ongoing infringement litigation.
Abhishek Gupta v.Vipin Jain
The Delhi High Court granted an interim injunction in favor of Abhishek Gupta, who was seeking restraint against trademark and copyright infringement related to his 'BOL' sports publication. Despite initial resistance based on delayed approach, the court found a prima facie case for the appellant. The judgment specifically restrained Vipin Jain from passing off or associating their goods with the plaintiff’s registered trademarks and copyrights, recognizing the likelihood of consumer confusion due to similar get-up and use.
Synthes Gmbh v.Controller General Of Patents, Designs and Trademarks And Anr
Synthes Gmbh appealed the rejection of its patent application for a 'BONE FIXATION APPARATUS' by the Controller General of Patents. The appeal was transferred to the Delhi High Court following legislative changes. Initially, the court condoned the delay in filing the appeal. Subsequently, the court directed both parties to file comprehensive written submissions and place prior art on record before proceeding with the merits of the patent rejection.
Godrej Properties Ltd. v.Ashok Kumar & Anr.
In this ongoing trademark infringement suit, the Delhi High Court addressed the delay in deactivating infringing domain names. The court emphasized that Domain Name Registrars (DNRs) like GoDaddy must process valid requests from the plaintiff, especially when they relate to misuse of a protected mark. To resolve the dispute, the court directed GoDaddy to file an affidavit explaining why certain domains remain active and providing full details of the domain registrants.
Colgate Palmolive Company & Anr. v.Nixi & Anr.
The Delhi High Court issued interim directions in favor of Colgate Palmolive, addressing ongoing trademark infringement and fraudulent activities using their brand name. The court directed the domain registrar, GoDaddy.com LLC, to immediately block and suspend the infringing domain www.colgatepalmolive.work. Furthermore, the court ordered the disclosure of registrant details for the domain and mandated the freezing of a bank account linked to the scam operation, demonstrating strong judicial action against brand impersonation and cyber fraud.
Neeraj Kumar Trading As M/S Ganga Traders v.M/S Chacha Food Company & Anr.
The Delhi High Court granted an interim injunction in favor of Neeraj Kumar Trading As M/S Ganga Traders against M/S Chacha Food Company, finding that the defendant's packaging was deceptively similar to the plaintiff's registered trade dress for non-alcoholic beverages. The court recognized a strong prima facie case and ordered the defendants to immediately cease all activities related to the infringing goods. Furthermore, the Court appointed a Local Commissioner to visit the defendant's premises to seize and seal all incriminating materials, including packaging and molds.
Ms Shivam Hardware Store v.Ms Century World
The Delhi High Court upheld an interim injunction granted by the Commercial Court in favor of Ms Century World against Ms Shivam Hardware Store. The dispute centered on the use of the mark 'SHIVAM CENTURY,' which was deemed deceptively similar to Ms Century World's registered marks, including 'CP CENTURY.' Despite arguments that 'CENTURY' is a common word, the court found that the prominent inclusion of this term in both marks, coupled with the similarity of goods and lack of justification for the appellant's use, warranted protection of the respondent's goodwill. Consequently, the appeal was dismissed.
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