Delhi High Court - Orders
2136 cases · page 54 of 72
Showing 1591–1619Hebei Hailan Bearing Manufacture Co. Ltd. v.M/S Pearl Bearing Co.
In this trademark dispute, the Delhi High Court addressed an application by the Plaintiff seeking disclosure of financial and import documents from the Defendant. While the Defendant argued that some information was confidential, the Court issued a conditional order. The Defendant must now file an affidavit detailing complete sale figures and submit all requested documents in a sealed cover for judicial review before they can be released to the Plaintiff.
Appy Pie Llp v.Engineer.Ai India Pvt. Ltd.
In this trademark infringement matter, Appy Pie LLP sought to address the misuse of its 'APPY PIE' brand through the Google Ads Program. The Delhi High Court recognized that since Google LLC was not initially part of the suit, it needed to be formally added to the proceedings. This order allowed for the impleadment of Google as Defendant No. 5, ensuring all relevant parties are involved in addressing the trademark misuse allegations.
Raman Kwatra & Anr. v.Kei Industries Limited
The Delhi High Court overturned an interim injunction that had restrained Raman Kwatra & Anr. from using a similar trademark, 'KEI', in relation to electrical goods. The court found merit in allowing the matter to proceed further, specifically directing the lower court to examine the respondent's claim of infringement under Section 29(4) of the Trade Marks Act. This decision highlights the importance of correctly framing the legal basis for trademark infringement claims during interim proceedings.
Patola Industries v.Mahesh Namkeen Pvt Ltd & Ors
The Delhi High Court directed the parties, Patola Industries and Mahesh Namkeen Pvt Ltd & Ors, into mediation regarding trademark disputes. The petitioner had submitted that they ceased using their trademark, while the respondent sought a permanent injunction against the use of similar marks for namkeens and snacks. Despite differing views on settlement, the court prioritized resolving the dispute amicably by mandating appearance at the Mediation Centre.
Yonex Co., Ltd v.John Doe & Ors.
The Delhi High Court granted an interim injunction in favor of Yonex Co., Ltd against unauthorized use of its trademark 'YONEX'. The court found sufficient grounds for restraining infringement related to the domain name 'www.yonexindiastore.com', ordering the domain registrar, NameSilo LLC, to block the site and maintain status quo until further orders.
Emaar Properties Pjsc v.Address Infrastructures Private Limited
Emaar Properties filed a suit against Address Infrastructures Private Limited alleging trademark infringement regarding the use of 'ADDRESS' and 'THE ADDRESS' in real estate projects. The Delhi High Court issued an ad interim order, allowing the Defendant to continue operating its existing projects under the disputed name. However, the court imposed a strict condition: any future expansion or new project using the word 'Address' must first seek explicit leave from the Court, balancing the Plaintiff's transborder reputation claims against the Defendant's established business operations.
Astrazeneca Ab v.MSN Laboratories Limited
Astrazeneca filed a suit seeking permanent injunction and damages for infringing Indian Patent IN 297581 related to cancer treatment. The dispute centered on whether a Public Notice issued by the Department of Pharmaceuticals constituted Government Authorization allowing generic manufacturing. The Court clarified that the notice was merely for collating local manufacturer details, not an authorization to infringe.
Mahesh Edible Oil Industries Limited v.Mahesh Edible Oils Products Private Limited
The Delhi High Court issued a significant order addressing trademark disputes among related entities in the edible oil industry. The court affirmed that the 'SALONI' trademark belongs exclusively to Mahesh Edible Oil Industries Ltd., preventing individual brothers from claiming it. However, the ruling allows the family members freedom to operate their own businesses, provided they do not use marks or trade dresses deceptively similar to 'SALONI'. This order sets a clear boundary for internal corporate IP rights while allowing independent commercial activity.
Havells India Ltd & Anr. v.Ashok Kumar/ John Doe & Ors.
The Delhi High Court granted an ad interim injunction in favor of Havells India Ltd against various defendants regarding the misuse of its registered trademarks, HAVELLS and LLOYD. The court found a prima facie case that rogue websites and domain names were being used to mislead consumers and conduct fraudulent activities. Consequently, the court ordered the immediate blocking of specific infringing domains by ISPs and directed the disclosure of registrant details from the responsible parties.
Novartis Ag v.MSN Laboratories Pvt Ltd
The petitioner filed an application alleging that the defendant violated a prior injunction by offering to supply Eltrombopag Olamine to the Government. The court examined whether this offer, made under Section 100 of the Patents Act, 1970, constituted contempt.
Alkem Laboratories Ltd. v.Eris Health Care Pvt. Ltd. & Ors.
The Delhi High Court addressed a trademark infringement suit filed by Alkem Laboratories against Eris Health Care regarding the alleged misuse of 'GEMCAL' and 'GEMCAL PLUS' trademarks and associated packaging. The court observed that the defendants agreed to change their marks from 'DE-CAL GEM' to 'DECAL PLUS' (and similar changes for 'PLUS'). After reviewing the proposed new artwork, the court allowed the adoption of the revised designs while permanently restraining the defendants from using any mark or packaging deceptively similar to Alkem’s original trademarks and presentation.
Voltas Limited v.Ashok Kumar & Ors.
The Delhi High Court granted an ad interim ex parte injunction in favor of Voltas Limited against Ashok Kumar & Ors. The court found that the defendants were infringing on Voltas' registered and well-known trademarks (VOLTAS and its logo) by operating a deceptive website, www.myvoltascare.com. Given the prima facie case established by Voltas regarding extensive goodwill and reputation, the court ordered immediate measures including restraining trademark use, blocking the domain name, disabling the website, freezing bank accounts, and suspending UPI IDs to prevent irreparable harm.
Hero Investcorp Private Limited & Anr. v.Sehgal Auto House Through Its Proprietor Mr. Sunil Sehgal
The Delhi High Court granted an ex-parte interim injunction in favor of Hero Investcorp Private Limited against Sehgal Auto House. The Plaintiffs alleged that the Defendant was engaged in the wholesale business of counterfeit spare parts using the HERO trademark and logo, infringing both trademark rights and copyright associated with packaging. The court authorized a Local Commissioner to search and seize all infringing products and related materials from the Defendant's premises.
Exxon Mobil Corporation v.Mr. Bijender Kumar Trading As M/S Shri Balaji Enterprises
In a significant move to protect its brand integrity, Exxon Mobil Corporation sought an interim injunction against Mr. Bijender Kumar Trading As M/S Shri Balaji Enterprises for selling counterfeit products bearing the 'MOBIL' trademark. The Delhi High Court granted the ex-parte ad-interim injunction and authorized a Local Commissioner to search and seize the infringing goods at the defendant's premises. This order underscores the court's willingness to provide swift, robust remedies against trademark infringement and counterfeiting in the commercial sector.
Kawakami, Shigeki & Ors. v.Assistant Controller Of Patents And Designs
The appellants filed an appeal challenging the order dated November 15, 2021, passed by the Assistant Controller of Patents. The original application (No. 201817032492) was rejected on the ground of lack of novelty under Section 2(1)(j) of the Patents Act, 1970.
Sterlite Technologies Limited v.Anupam Singh & Ors.
Sterlite Technologies Limited filed a suit seeking protection of its confidential IBR technology, which was developed by key employees who later joined a competing entity (Defendant No.3). The Plaintiff alleged that the Defendants disclosed this proprietary information, leading to similar patent applications being filed by Defendant No.3, naming the former employees as inventors.
S M Motorenteile Gmbh v.Maharashtra Motors & Ors.
S M Motorenteile GmbH successfully pursued an infringement suit in the Delhi High Court regarding its 'SM' trademark used for high-quality automotive parts. While a settlement was reached with Defendant Nos. 1 and 2, the court decreed the suit against Defendants 4 to 6, finding them liable for selling counterfeit products under the disputed mark. The judgment underscores the importance of maintaining clear documentation of brand history and rights in complex international IP disputes.
Tommy Hilfiger Europe Bv v.Ms Originals Clothing And Ors
In this execution petition, Tommy Hilfiger sought to enforce a settlement decree against Ms Originals Clothing for continuing the sale of its branded goods. Despite having previously settled, the Decree Holder alleged that the Judgment Debtors continued infringing on their trademarks both in physical stores and online platforms. The court allowed the application for local commissioners to conduct an investigation into post-decree sales and directed the Judgment Debtors to provide access to relevant financial records.
Ambuja Cements Limited v.Shiv Kripa Steels & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Ambuja Cements Limited against Shiv Kripa Steels & Anr. The court found that the defendants' use of marks was a slavish imitation of Ambuja's registered trademarks 'AMBUJA' and 'VIRAT'. Given the likelihood of customer confusion in the common building materials trade, the injunction prevents the defendants from using deceptively similar marks or devices related to cement and allied goods.
Tube Investments Of India Limited v.M/S Jagdamba Enterprises & Ors.
Tube Investments Of India Limited successfully moved the Delhi High Court to protect its 'DIAMOND' trademark against widespread counterfeiting in the automotive parts market. The court recognized the extensive goodwill associated with the mark and the clear evidence of infringement presented by the plaintiff, including discrepancies found via QR codes and packaging differences. Consequently, the court granted an ex parte ad interim injunction and appointed Local Commissioners to conduct seizures and verification across various premises.
Amazon Seller Services Private Limited v.Amazonbuys.In & Ors.
The Delhi High Court allowed Amazon Seller Services Private Limited to implead a new infringing website, 'storeamazon.co.in,' in its ongoing suit against rogue sellers. Citing precedent regarding mirror websites, the court granted an ex-parte ad interim injunction restraining this new defendant from infringing Amazon's trademarks and copyrights. Furthermore, the court directed various internet service providers (ISPs) and domain registrars to block access to the site and disclose registrant details, reinforcing judicial control over online piracy.
One Moto Scooters Trading Llc v.Centre Systems Group Internet Content Provider (CSG ICP)
The Delhi High Court issued interim orders in favor of One Moto Scooters Trading Llc, restraining Centre Systems Group Internet Content Provider from using the trademark 'ONE MOTO' or any deceptively similar mark. This protective order was granted to prevent imminent threat of unauthorized use, including manufacturing automotive products. Furthermore, the court directed that the domain name 'www.one-moto.in' remain blocked, maintaining the status quo until further proceedings.
Abhishek Kathuria & Anr. v.Ramesh Kumar Malhotra
The Delhi High Court granted an interim injunction in favor of Abhishek Kathuria & Anr. against Ramesh Kumar Malhotra regarding the disputed trademark 'ROSABAGH'. The plaintiffs, who own and use the mark for furniture and artifacts, successfully argued that the defendant's adoption of a similar mark for a banquet hall constituted potential dilution and infringement. The court found a prima facie case in favor of the plaintiffs, leading to an immediate restraint on the defendant's use of the contested trademark until further hearing.
Capital One Financial Corporation v.Ashok Kumar & Anr.
The Delhi High Court granted an ad-interim injunction in favor of Capital One Financial Corporation against Ashok Kumar & Anr. The court found a prima facie case that the defendants were unauthorizedly using marks and domain names deceptively similar to 'CAPITAL ONE' to mislead consumers into believing they were dealing with the major US bank. Consequently, the court restrained the parties from using these infringing marks and directed Google LLC to block the associated email address.
Mohit Varshney Proprietor, M/S Raj Food Products v.Serveshwar Food Product Pvt. Ltd.
In a complex cross-suit involving competing snack food brands, the Delhi High Court addressed trademark disputes between M/s Raj Food Products ('DECY') and Serveshwar Food Product Pvt. Ltd. ('LACY'). While acknowledging that the Plaintiff (Serveshwar) had prior registration of 'LACY', the court sought to balance interests by directing the Defendant (Raj Food) not to expand its product line under 'DECY' until further decision on injunctions. Crucially, the Court mandated mediation to explore an amicable resolution for both trademark and packaging disputes.
Kamla Kant And Company Llp v.Sanjay Gupta & Anr.
The Delhi High Court disposed of the trademark infringement suit filed by Kamla Kant & Company LLP against Sanjay Gupta & Anr. The dispute centered on the unauthorized use of similar marks ('RAJ', 'KG') for tobacco and allied products, infringing upon the Plaintiff's established trademarks 'RAJSHREE' and 'KP'. Through a settlement agreement, the court granted an injunction restraining the Defendants from using confusingly similar marks while allowing them to use 'KANTHA RAJA' under strict conditions. The parties also agreed on financial compensation and the destruction of infringing materials.
Proprietect L P v.The Controller Of Patents
Proprietect L P filed an appeal challenging the rejection of its patent application (No. 5706/DELNP/2011) by the Asst. Controller of Patents. The primary issue addressed in this order was the condonation of a significant delay in filing the appeal, which was ultimately granted.
Calvin Klein Trademark Trust v.Chardikla Accessories & Ors.
In the ongoing trademark dispute between Calvin Klein Trademark Trust and Chardikla Accessories, the Delhi High Court issued an order on February 24, 2023. The court noted that Defendant No. 4 expressed a willingness to settle the matter, similar to Defendants No. 1 through 3. Consequently, the case was listed for further proceedings and settlement discussions on April 6, 2023.
Bayer Pharma Aktiengesellschaft v.The Controller Of Patents
Bayer Pharma Aktiengesellschaft appealed an order by The Controller of Patents which rejected its patent application (No. 9149/DELNP/2014). The rejection was based on the grounds that the antibodies claimed were naturally occurring and thus non-patentable under Section 3(c) of the Act. The court allowed various interlocutory applications, including condonation of delay, and issued notice for further arguments.
Evonik Operations Gmbh Address For Service In India Lexorbis v.Controller General Of Patents, Designs & Trademarks & Anr.
Evonik Operations GmbH filed an appeal challenging the Assistant Controller's decision to reject its patent application (No. 201714031257). The rejection was based on the finding that the specification lacked a working example necessary to disclose the best method of performing the invention. This procedural order sets out the next steps for the appeal, requiring the respondent to file written submissions.
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