Delhi High Court - Orders
2136 cases · page 58 of 72
Showing 1711–1739Lt Overseas North America Inc & Anr. v.Sai Krishna Foods
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Lt Overseas North America Inc & Anr. against Sai Krishna Foods regarding trademark infringement. The Plaintiffs successfully demonstrated that their 'ROYAL' mark is well-known, enjoys significant goodwill, and the Defendant was using a similar mark to cause consumer confusion. Consequently, the court restrained the defendant from selling infringing products and ordered a Local Commissioner to search and seize the counterfeit goods.
Shabeer Ahmad Bhat v.Sushil Kumar Pathak
The Delhi High Court allowed an application filed by the petitioner seeking to correct a clerical error in a prior order. The correction involved changing the name of the entity receiving trademark assignments from 'Globiotech International' to 'M/s Glow Biotech Ltd', as stipulated in the underlying Memorandum of Understanding (MoU). This minor but crucial rectification ensures the court record accurately reflects the parties' agreement regarding the assignment of trademarks.
Usha International Limited v.Registrar Of Trademarks And Anr.
Usha International Limited filed a petition seeking the removal/cancellation of the mark 'WSHA' from the Trade Marks Register, arguing that it is deceptively similar to their long-standing mark 'USHA'. The Delhi High Court accepted the petition and issued notice to the respondents. The matter was subsequently listed for further arguments on April 4, 2022.
Novartis Ag v.Msn Laboratories Pvt. Ltd
The case involves Novartis AG seeking a permanent injunction against MSN Laboratories Pvt. Ltd. for infringing its patent related to Eltrombopag Olamine, the active ingredient in its drug Revolade.
Chia Tai Tianqing Pharmaceutical Group Co. Ltd v.The Controller of Patents and Designs
The suit was filed by Chia Tai Tianqing Pharmaceutical Group challenging an impugned order from the Assistant Controller of Patents & Designs. The rejection was based on Section 2(1)(ja), Section 3(d), and Section 10 of the Patents Act, 1970. The plaintiff argued that the objections under Section 10 were never raised during examination and that deleted claims were improperly used for rejection.
Tata Consumer Products Limited v.M/S Varahi Limited & Anr.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Tata Consumer Products Limited against M/S Varahi Limited. The court allowed defendants to file their original notarized affidavits and permitted the plaintiff to place numerous additional documents on record, including sales turnover details and evidence of prior meetings. While the core dispute involves the use of the 'HIMALAYAN' mark for mineral water, the current order focuses on procedural steps necessary to build a comprehensive case before trial.
Ischemix Llc v.The Controller Of Patents
Ischemix Llc appealed the rejection of its Indian Patent Application No.4380/DELNP/2013 by the Controller of Patents, which was based on Section 3(d) of the Patents Act, 1970. The appellant challenged the basis and citation of the prior art documents used against them.
Pfizer Inc & Ors v.Azista Industries Private Limited & Ors
Pfizer Inc and others filed a suit seeking permanent injunction, damages, and rendition of accounts against Azista Industries Private Limited and others for infringing their patented drug 'Palbociclib'. The court found that the Plaintiffs had made out a prima facie case for an ad-interim ex parte injunction.
UPL Limited v.Agro King Pesticides Pvt. Ltd.
The dispute involved UPL Limited asserting its patent rights over the composition Clodinafop-Propargyl (15%) + Metsulfuron Methyl (1%) WP against Agro King Pesticides Pvt. Ltd. The matter was amicably settled before the Delhi High Court Mediation and Conciliation Centre.
Eli Lilly And Company v.Bryan Pharmaceuticals Through Its Proprietor Mr. Laxmi Kand Pal / Navneet Kand Pal & Ors.
The suit sought permanent injunction against defendants for infringing Indian Patent No. 270765 concerning Baricitinib (Barinat). The patent holder alleged that licensed companies were marketing and exporting the product outside its approved use (COVID-19) for Rheumatoid Arthritis, primarily through e-commerce platforms like Indiamart.
Walmart Apollo Llc v.Aayush Jain & Anr.
The Delhi High Court addressed an application filed by Walmart Apollo LLC alleging continued trademark infringement by the defendants, who were reportedly still using the mark 'WMART' despite a prior interim injunction. The court noted the defendants' willingness to propose a change of mark ('WM BAZAAR') in exchange for waiving costs and damages. Ultimately, the Court issued notice to the defendants and set deadlines for filing replies on various related applications, keeping the litigation active.
Pioneer Corporation v.Gulab Goel & Ors.
In a suit involving claims of trademark and copyright infringement, Pioneer Corporation and Defendant No. 8 reached an amicable settlement during the pendency of the litigation. As part of this resolution, Defendant No. 8 paid compensation to the Plaintiff. The Delhi High Court subsequently allowed the application, passing a decree of permanent injunction against Defendant No. 8 and disposing of the suit concerning that specific defendant.
Republic Technologies (Na) Llc v.Vipin Pathak Trading As M/S Pathak Impex
The Delhi High Court addressed a suit filed by Republic Technologies against Vipin Pathak regarding the alleged infringement of the 'OCB' trademark and copyright related to smoking accessories. While the court noted that the defendant acknowledged the plaintiff's rights, it also accepted the defendant's willingness to change their logo and mark. Consequently, an existing interim order was made absolute, while the matter was scheduled for further hearing after the defendant presented proposed changes.
Delhivery Pvt Ltd v.Treasure Vase Ventures Private Limited
Delhivery Pvt Ltd and Treasure Vase Ventures Private Limited reached a settlement regarding trademark infringement claims. The court formally accepted the Settlement Agreement dated February 26, 2022, which mandated that the respondent acknowledge Delhivery's statutory rights and cease using similar marks. While the suit was decreed granting permanent injunction, the appellant waived their claim for damages and costs in exchange for the resolution.
Diageo Brands B V & Anr v.Rock And Storm Distilleries Private Limited
This case involved a dispute over the use of distinctive bottle designs and trademarks in the spirits industry. Diageo Brands sued Rock And Storm Distilleries for infringement of its registered design (No. 306577) and trademark ('Hipster', No. 4419654), alongside passing off related to trade dress. The parties ultimately reached an amicable settlement, which was subsequently recorded by the Delhi High Court.
Sandvik Intellectual Property Ab v.Sai Deepa Rock Drills Private Limited
The plaintiffs filed a suit alleging infringement of their registered patents related to Top Hammer Rock Drilling Tools. The court passed an interim order granting a temporary injunction restraining the defendants from commercializing the infringing products and directed the defendants to disclose specific financial and production details on affidavit.
Bristol Myers Squibb Holdings Ireland Unlimited Company v.Jigs Chemical Limited & Anr.
The Plaintiff filed a suit seeking an injunction against Defendant No.1, alleging that the defendant was advertising and selling 'APIXABAN' (a patented pharmaceutical preparation) as an Active Pharmaceutical Ingredient (API). The court found a prima facie case for infringement and granted an ex parte ad interim injunction restraining the manufacturing and sale of APIXABAN.
Xiaomi Inc v.Dharama Mobitel Industries Private Limited & Anr.
In a significant ruling, the Delhi High Court allowed a request filed by Dharama Mobitel Industries Private Limited to cancel the trademark 'SHOMI.' The court directed the Registrar of Trade Marks to remove the mark from the register after the respondent provided an affidavit confirming that they were not using the trademark and would not use it in the future for related goods. This decision highlights the importance of active use or intent to use when maintaining a registered trademark.
Vifor International Ltd. v.Dr Reddy's Laboratories Limited
The plaintiffs claim infringement of their patent related to drugs comprising 'FERRIC CARBOXYMALTOSE'. The defendant argues that MSN Laboratories is the manufacturer for them.
Mitsubishi Power Ltd v.The Assistant Controller Of Patents And Designs
Mitsubishi Power Ltd appealed against the rejection of its patent application by The Assistant Controller Of Patents And Designs. The rejection was based on lack of inventive step and Section 3(d) of the Patents Act, 1970. The court disposed of the stay application (I.A. 11537/2021), noting that since the patent had been rejected, no interim order could be granted.
Glaxosmithkline Intellectual Property Development Limited v.The Controller of Patents
Glaxosmithkline Intellectual Property Development Limited filed an appeal against the rejection of its patent application (No. 201617034934) by the Assistant Controller of Patents & Designs. The rejection was based on lack of inventive step and non-patentability under Section 3(d) of the Patents Act, 1970.
Ram Trading Co. v.Amar Singh Chawal Wala And Ors.
The Delhi High Court addressed a petition challenging the cancellation of the Petitioner's registered trademark 'RAJQILLA'. The court noted that since the mark had already been cancelled by the IPAB, an interim stay could not be granted without examining the merits of the challenge. After initial procedural delays and requests for adjournment due to connectivity issues, the matter was listed for further hearing.
Central Park Estates Private Limited v.M I Builders Private Limited
The Delhi High Court granted an ex parte ad-interim injunction in favor of Central Park Estates Private Limited against M I Builders Private Limited regarding trademark infringement. The court found that the Plaintiff, who holds registered rights in 'CENTRAL PARK' for real estate, had made out a prima facie case. The Defendant was restrained from using the mark 'CENTRAL PARK' either standalone or combined with its group name 'M.I.' to prevent consumer confusion in the ongoing construction projects.
Victoria Foods Private Limited v.Rajdhani Masala Co. & Anr.
The Delhi High Court addressed allegations of trademark infringement concerning the 'RAJDHANI' mark used for spices. While initially granting an interim injunction favoring Victoria Foods based on registration and prima facie evidence, the court subsequently heard a contempt application alleging continued violation by the defendants. Following a Local Commissioner's report detailing ongoing production post-injunction, the Court sealed the defendant's factory and ordered detailed inspections to assess compliance and potential misuse of goods.
Merck Sharp And Dohme Corp v.Actis Generics Pvt Ltd
The suit involved a dispute over Indian Patent No. 209816, which covers Sitagliptin for diabetes treatment. The parties amicably resolved their disputes through a settlement agreement dated March 15, 2022.
Bristol Myers Squibb Holdings Ireland Unlimited Company v.Angle Bio Pharma
The Plaintiffs filed a suit seeking an injunction against Defendant No.1 for infringing their patented pharmaceutical preparation 'APIXABAN'. The Plaintiffs alleged that Defendant No.1 was advertising and selling the product through various platforms including Indiamart and Tradeindia. The Court granted an ex parte ad interim injunction restraining Angle Bio Pharma from manufacturing or selling APIXABAN without authorization, and directed the intermediary websites to take down the listings.
JK Cement Limited v.Anav Industries & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of JK Cement Limited against Anav Industries & Anr. The court found that JK Cement had established a prima facie case regarding the infringement and passing off of its well-known trademark 'JK' and associated trade dress on cement and wall putty products. This interim order immediately restrained the defendants from using the deceptively similar mark 'JK Premium' to prevent consumer confusion in the market.
Vivo Mobile Communication Co Ltd v.Mr Jitendra Kumar Tiwari Trading As Maa Vaishnavi Chemicals
The Delhi High Court confirmed the existing ad-interim ex-parte injunction in favor of Vivo Mobile Communication Co Ltd against Mr. Jitendra Kumar Tiwari Trading As Maa Vaishnavi Chemicals. The court found that the use of the 'VIVO' mark by the defendant, especially in similar logo forms, would cause confusion and dilution given Vivo's extensive global and domestic use of the trademark. Furthermore, the court allowed Vivo to file evidence supporting its claim that the VIVO marks are well-known trademarks in India.
Micro Labs Limited v.The Controller Of Patents & Anr
The case involves a revocation petition filed by Micro Labs Limited against the patent granted to Bristol-Myers Squibb for a pharmaceutical compound used as an anticoagulant. The court granted an interim injunction restraining Micro Labs from manufacturing and selling the product covered by the patent.
Nokia Technologies Oy v.Vivo Mobile Communication Co Ltd & Ors.
The plaintiff, Nokia Technologies Oy, filed a suit seeking permanent injunction against the defendants (Vivo Mobile Communication Co Ltd & Ors.) for infringement of Patent No. 259932 ("ARRANGING HANDOVER") by various mobile devices. The court addressed applications regarding adding new claims and devices during the pendency of the suit.
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