Delhi High Court - Orders
2136 cases · page 55 of 72
Showing 1621–1649M/S Dreams Lingerie Products v.Akash Chaudhary
The Delhi High Court granted an interim injunction in favor of M/S Dreams Lingerie Products against Akash Chaudhary, restraining him from manufacturing or selling products under the deceptively similar mark 'DREAM'. The court found that the plaintiff had established a strong prima facie case regarding trademark infringement. Furthermore, the court appointed a Local Commissioner to inspect the defendant's premises, inventory infringing goods, and examine manufacturing records.
ITC Limited v.Fortune Holidays Inn And Suites Private Limited & Anr.
ITC Limited filed a suit against Fortune Holidays Inn And Suites Private Limited and others, alleging trademark infringement and passing off related to the use of the 'FORTUNE' brand in the hospitality sector. The court acknowledged ITC's extensive rights over the 'FORTUNE' trademarks and noted the potential for consumer confusion caused by the Defendants' unauthorized use. While reserving a full hearing on the merits, the Delhi High Court granted an interim injunction, immediately stopping the Defendants from making new bookings under the disputed mark.
Ecomax Solutions Pvt. Ltd. v.Energeo Building Solutions Llp & Ors
The Plaintiff, Ecomax Solutions Pvt. Ltd., filed a suit seeking permanent injunctions and damages against the Defendants for infringing its patented ECOMax-HE Automatic Tube Cleaning System (ATC) and copyrighted drawings. The Plaintiff alleged that the defendants obtained confidential information and drawings while their partners were employees of the Plaintiff's customer, Carrier Airconditioning & Refrigeration Limited. The court allowed various interim applications and ordered a local commission to inspect the Defendants' manufacturing process.
Khandelwal Laboratories P Ltd v.Nava Healthcare P Ltd
The Delhi High Court formally recorded an amicable settlement between Khandelwal Laboratories P Ltd and Nava Healthcare P Ltd regarding trademark infringement. The Defendant, Nava Healthcare, acknowledged the Plaintiff's exclusive rights in 'KHANDELWAL' and 'KLAB' logos used for pharmaceutical products. As part of the settlement, the Defendant agreed to a permanent injunction, ceased using the marks, committed to disposing of existing stock by specific deadlines, and agreed to pay outstanding liabilities totaling over Rs 1.51 crores.
Calvin Klein Trademark Trust v.M/S. K.K.Garments, Through Its Owner
The Delhi High Court granted an ad-interim injunction in favor of Calvin Klein Trademark Trust against M/S. K.K.Garments, finding a prima facie case of trademark infringement. Furthermore, the court appointed multiple Local Commissioners to inspect the defendants' premises, seize counterfeit goods bearing the CK trademarks, and demand disclosure of financial records, significantly bolstering the plaintiff's ability to enforce its rights.
Shivan Ramachandran & Anr. v.Madhur Sharma
In this commercial suit concerning trademark infringement, the Delhi High Court issued several orders on May 27, 2022. The court allowed the plaintiffs to file additional documents while simultaneously accepting a significant undertaking from the defendant. The defendant agreed to withdraw pending trademark applications and cease all sales of the disputed products, providing an affidavit detailing existing stock and past sales figures.
Interdigital Vc Holdings Inc v.Guangdong Oppo Mobile
The Plaintiffs filed a suit seeking a permanent injunction against the Defendants for infringing their patents related to the High Efficiency Video Encoding (HEVC/H.265) standard. The Plaintiffs also seek to add further patents and devices that may infringe their rights.
The Regents of the University of California v.Controller General of Patents, Designs & Trademarks & Anr.
The Regents of the University of California filed an appeal challenging the rejection of their patent application, No.10336/DELNP/2013, titled "Blockade Of Inflammatory Proteases With Theta - Defensins." The initial rejections were based on objections under Section 2(1)(ja) and non-patentability under Section 3 of the Patents Act, 1970. After subsequent amendments, the application was rejected again under S. 59 r/w S.15. This order sets out procedural directions for the parties to file replies and written submissions before the next hearing.
Pfizer Inc And Ors v.Jodas Expoim Pvt Ltd And Anr
The court framed several issues in this commercial suit concerning alleged patent infringement by the defendants against Pfizer Inc and Ors. The core questions revolve around whether the defendants' activities infringe two specific Indian Patents (No. 218291 and No. 209251) and if the plaintiffs are entitled to permanent injunction or damages.
Patanjali Aryurved Limited v.Raj Mandir Retails Private Limited And Ors
The Delhi High Court addressed a trademark infringement suit concerning the 'PATANJALI' brand, specifically 'PATANJALI COW'S GHEE'. While the Plaintiff sought strict enforcement against alleged counterfeiters, the court opted for an amicable resolution approach. The parties, including Defendant No.1 (Raj Mandir Retails Private Limited) and Defendant No.3, were referred to the Mediation Centre. Furthermore, the Court granted interim relief allowing Defendant No.1 to exhaust its existing genuine stock while seeking a structured path toward resolving the dispute.
Sterne India Private Limited v.Haier Appliances India Pvt Ltd
The Delhi High Court addressed an appeal filed by Sterne India Private Limited against a District Judge's order that had appointed a Local Commissioner to seize goods allegedly infringing Haier's trademark. The court noted that the original order appeared flawed because it treated the appellant as the direct seller, ignoring its role as an online marketing platform. While staying the seizure order, the High Court mandated that Sterne provide details of all sellers on its platform using the 'HAIER' brand to properly address the infringement claims.
A India Print House Through Its Partners Kunal Kapoor and Vibha Kapoor v.Pavan Bansal Trading As Bajrang Traders
The Delhi High Court granted an ex-parte ad-interim injunction in favor of A India Print House against Pavan Bansal Trading As Bajrang Traders. The Plaintiff alleged that the Defendant was deceptively using the identical trademark, trade-dress, and color scheme ('MERCURY') for playing cards, leading to a high likelihood of consumer confusion and passing off. The Court found that the Plaintiff had made out a prima facie case, concluding that the injunction was necessary to prevent irreparable harm while the suit proceeds.
Ht Media Limited & Anr. v.Www.Hindustantimes.Tech & Anr.
The Delhi High Court granted permission to HT Media Limited to proceed against the infringing domain name www.hindustantimes.tech in a suit covering copyright, trademark, and passing off. The court found that the impugned website was deceptively similar to the Plaintiffs' established brand 'Hindustan Times' and was reproducing their copyrighted content. Crucially, the judgment provided a strong enforcement mechanism by directing the communication of the order to ICANN, leveraging Registrar Accreditation Agreement clauses to ensure compliance from domain registrars.
FMC Corporation v.Insecticides India Limited
The case involves FMC Corporation and others against Insecticides India Limited regarding patent infringement. The defendant has indicated they will not launch a product until certain patents expire.
Merck Sharp And Dohme Corp v.Beaukev Pharma International Pvt. Ltd
Merck Sharp And Dohme Corp filed a suit seeking permanent injunction against Beaukev Pharma International Pvt. Ltd for infringing its registered patent (IN'816) related to Sitagliptin. The dispute was subsequently settled under the Delhi High Court Mediation and Conciliation Centre.
Microsoft Technology Licensing Llc v.The Assistant Controller Of Patents And Designs
Microsoft Technology Licensing Llc appealed the rejection of its patent application for "ghosted synchronization" by the Assistant Controller of Patents & Designs. The rejection was primarily based on non-patentability under Section 3(k). The Court directed the Assistant Controller to submit a comprehensive report addressing the objections raised in the First Examination Report.
Sunit Shah v.Mr. Sanjeev Rajpal
The Delhi High Court granted an interim injunction in favor of Sunit Shah against Mr. Sanjeev Rajpal regarding alleged trademark infringement. The court found that the similarity between the plaintiff's mark ('SHAH/SHAH NAMKEEN') and the defendant's mark ('SHAH JI NAMKEEN'), applied to identical goods (namkeen), created a likelihood of confusion. Consequently, the defendant was restrained from using the infringing mark until further hearing, and a Local Commissioner was appointed to seize and inventory the disputed goods.
Astrazeneca Ab v.Msn Laboratories Limited
This order was passed in an interim application filed by the Plaintiffs (Astrazeneca Ab). The Defendant (MSN Laboratories Limited), through its counsel, requested a restraint on commercial launch while challenging the patent's validity and rights under Section 107(A) of the Patents Act, 1970.
Welcome Shoes Private Limited v.Retro Footwears Pvt. Ltd & Anr.
The Delhi High Court judgment in Welcome Shoes vs. Retro Footwears concluded the dispute through an amicable settlement between the parties. The defendants agreed to withdraw several similar trademarks, cease using deceptively similar marks like 'BURE' or 'WELCOMO' for footwear, and refrain from diluting the plaintiff's established brands ('WELCOME' and 'PURE'). This resolution provides a clear path forward, binding both companies to the terms of the settlement decree.
M/S JK Lakshmi Cement Limited v.Raj Kumar Singla Trading As M/S Shiv Shakti Sanitary Store & Anr.
The Delhi High Court granted an interim injunction in favor of M/S JK Lakshmi Cement Limited against Raj Kumar Singla Trading As M/S Shiv Shakti Sanitary Store. The court found that the plaintiff had made out a prima facie case of trademark infringement, leading to the restraint on the defendants from using the 'JK Smart' mark for wall putty and related products. Furthermore, the Court appointed a Local Commissioner to seize infringing goods and inspect the defendant's accounts, reinforcing the immediate protective measures available in IP litigation.
Sun Pharmaceutical Industries Ltd v.Dwd Pharmaceuticals Ltd
The Delhi High Court granted an interim injunction favoring Sun Pharmaceutical Industries Ltd against Dwd Pharmaceuticals Ltd. The court found that the Defendant's use of the deceptively similar trademark 'FOLZEST' infringed upon the Plaintiff's registered mark 'FORZEST'. Recognizing the potential for irreparable harm, the court restrained the defendant from selling or manufacturing the infringing product until further hearing. Furthermore, a Local Commissioner was appointed to inspect and seize all medicines bearing the impugned mark.
Novartis Ag v.Msn Laboratories Pvt Ltd
The case involves a dispute over the infringement of a patent related to the drug Pazopanib Hydrochloride. The Plaintiff claims that the Defendant manufactured stock during the patent's lifetime, while the Defendant argues that they launched the product only after the patent expired.
Northland Rubber Mills v.Varun Mahajan & Anr.
Northland Rubber Mills filed a civil suit seeking an injunction against Varun Mahajan and others to prevent the use of the trademark 'NORTHLAND' or similar marks. The plaintiff asserted ownership based on historical adoption dating back to 1972. However, the defendants argued that Defendant No. 1 had rights as a legal heir and ex-partner of the firm. The court registered the suit and issued notice for the injunction application, setting the stage for further arguments.
Emd Millipore Corporation v.Assistant Controller Of Patents And Designs
Emd Millipore Corporation appealed the rejection of its patent application (l026/DEL/2012) by the Controller of Patents, Chennai. The rejection was based on Section 3(i) of the Patents Act, 1970. The court ordered a report to be filed regarding novelty and inventive step before further consideration.
Sequenom Inc v.The Controller Of Patents
Sequenom Inc appealed the rejection of its patent application (No. 3139/DELNP/2012) by the Assistant Controller of Patents and Designs, which held it non-patentable under Section 3(i) of the Patents Act, 1970. The appellant argued that the invention was a screening test, not a diagnostic test, while the respondent relied on the broad definition of 'Pre-Natal Diagnostic Test' under the PCPNDT Act.
Sandisk Llc v.Jpy Mobile Phone Accessories & Anr.
In a significant ruling concerning trademark infringement, the Delhi High Court addressed persistent violations by JPY Mobile Phone Accessories despite an existing interim injunction. The court found that the defendants continued to sell counterfeit 'SanDisk' products, even after large stocks were seized and returned on superdari. Consequently, the court issued bailable warrants against the promoters of the defendant and directed the police to take custody of all previously inventoried infringing goods for the plaintiff's safe keeping.
Pi Industries Limited v.Seedlings India Private Limited & Ors
The Delhi High Court addressed several interlocutory applications before proceeding with the main suit. The court decreed the suit against Defendants No. 1 to 3, based on their submission that they would not contest the patent infringement claim and were willing to suffer an injunction.
Gujarat Cooperative Milk Marketing Federation Ltd v.Sujay Kumar & Ors.
The Delhi High Court addressed several procedural applications in the trademark infringement suit filed by Gujarat Cooperative Milk Marketing Federation Ltd (AMUL). The court condoned a delay in filing an amended plaint and allowed Defendant No.1 to participate fully in the proceedings, recalling an earlier ex-parte order. Crucially, the court reiterated previous directions requiring social media platforms like Meta and Google to take down content featuring AMUL's brand or mascot that targets the company in the context of animal cruelty within 36 hours of notification.
M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.
The Delhi High Court addressed a complex matter involving the trademark 'FIELD MARSHAL,' which had been pending for decades across multiple forums, including the IPAB. The court set aside an earlier order dismissing the cancellation petition by default, finding that the dismissal was erroneous given the long-standing nature of the dispute and common evidence already led. Consequently, the High Court restored the cancellation petition and consolidated it with the original suit (Suit No. 2408/1985), directing the matter to be listed for final arguments.
Novartis Ag v.Centurion Remedies Private Limited
Novartis filed a suit seeking permanent injunction against Centurion Remedies Private Limited for alleged infringement of Indian Patent No. 233161, which covers 'ELTROMBOPAG OLAMINE / REVOLADE'. The cause of action arose from an Office Memorandum issued by the Department of Pharmaceuticals indicating that the defendant was included in a list for procuring the patented preparation.
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