Delhi High Court - Orders
2164 cases · page 58 of 73
Showing 1711–1739The Goodyear Tire And Rubber Company and Goodyear India Ltd. v.Deva Nand Sukhia
The Delhi High Court addressed a trademark dispute where Goodyear sought an injunction against Deva Nand Sukhia for using the 'GOOD YEAR' mark in relation to lubricants and greases. The court affirmed that 'GOOD YEAR' is a well-known mark, granting an interim injunction restraining its use across various goods. Although the Plaintiff initially sought damages, they agreed not to press this relief after the Defendant tendered an apology, resulting in the decree being passed with costs imposed on the defendant.
Enlearn Education Private Limited & Anr. v.Sd Memorial Education And Welfare Society & Anr.
The Delhi High Court addressed an injunction application filed by Enlearn Education Private Limited against Sd Memorial Education Society concerning the use of the mark 'HERITAGE'. The court found prima facie grounds for intervention, noting that the Defendants adopted a similar name ('THE HERITAGE PRIDE MODERN SCHOOL') after being aware of the Plaintiffs' established trademark rights. Consequently, the Court issued an immediate directive restraining the Defendants from opening any further schools incorporating the word 'HERITAGE' or applying for recognition under that name. The court reserved the final decision on interim relief regarding the existing school until proper notice was served.
Zydus Wellness Limited v.Mis. Siddhi Margarine Specialities Limited
This Delhi High Court order addresses a suit previously decreed between Zydus Wellness Limited and Mis. Siddhi Margarine Specialities Limited. Following an amicable resolution, both parties had deposited funds with the DHCBA Pandemic Relief Fund. The court noted compliance regarding deposits and stock statements. Crucially, the court directed the Registrar of Trademarks to process the modification/alteration forms filed by Defendant No.1 concerning their registered marks.
Hulm Entertainment Pvt. Ltd. v.Fantasy Sports Myfab11 Pvt. Ltd.
The Plaintiffs, developers of the Fantasy Sports Mobile Application 'EXCHANGE22', filed a suit alleging that the Defendants operate a competing application named MYFAB11 which infringes upon their copyrighted works. The court granted an interim injunction restraining the Defendants from using or making available the infringing content and directed them to suspend domain name registration and remove the app.
Bajaj Finance Ltd & Anr. v.Niko Das & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Bajaj Finance Ltd against Niko Das & Anr. The court found that the Plaintiffs had made out a prima facie case demonstrating that the Defendants were fraudulently using identical or deceptively similar marks, such as 'BAJAJ' and 'BAJAJ FINANCE,' to offer financial services. This unauthorized use was deemed to constitute trademark infringement and passing off, causing potential confusion among the public.
Merck Sharp And Dohme Corp v.Mr. Mahaveer Chand
The contempt petition was filed by Merck Sharp And Dohme Corp alleging non-compliance with a previous court order and settlement agreement concerning patent IN' 816. The petitioner claimed that the respondent continued dealing in products covered by the patent, specifically generic versions of Sitagliptin Phosphate Monohydrate. The Court directed the respondent to file an affidavit with an unconditional apology.
Daewoong Pharmaceutical Co. Ltd. v.Controller General Of Patents Designs And Trademarks
Daewoong Pharmaceutical appealed the rejection of its Indian Patent Application (No.201817048074), which covered a crystalline form of compound c28. The rejection was based on Section 3(d) of the Patents Act, 1970, as the drug was considered known and lacked enhanced therapeutic efficacy. Daewoong sought to introduce additional data demonstrating superior properties like stability and dissolution rates. The High Court accepted the application for additional documents but framed two critical issues: whether this post-filing data is admissible, and if the crystalline form ultimately meets Section 3(d) requirements.
Torrent Pharma Limited v.Controller General Of Patents
Torrent Pharma Limited filed an appeal challenging the order dated February 1, 2021, passed by the Assistant Controller. The said order rejected the patent application for 'Use of a Thiazolo Pyrimidinone' on grounds of lack of inventive step and non-patentability under Sections 3(e) and 3(d) of the Patents Act.
Ms Aman Engineering Works v.Registrar Trade Marks Trade Marks Registry New Delhi & Anr.
This Delhi High Court order addresses the status of two trademark applications, 'RITE KRANTI' and 'B&M KRANTI,' which are subject to review regarding potential abandonment. The core legal question revolves around whether applications for abandoning these trademarks could be accepted after a significant passage of time. Furthermore, the court noted that the Petitioner had previously filed an opposition against these very marks in 2020, adding complexity to the ongoing dispute.
Minda Spectrum Advisory Limited & Ors. v.Ab Petrochem
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Minda Spectrum Advisory Limited & Ors. against Ab Petrochem, recognizing the Plaintiffs' established rights over the MINDA trademark and its variants. The court found that the Defendant was operating under infringing marks (AB MINDA) in the oil and grease sector. To enforce this interim relief, a Local Commissioner was appointed to visit the Defendant's premises, seize infringing goods, and inventory relevant business records.
SOTKON SP SLU v.WESTERN IMAGINARY TRANSCON PVT. LTD.
The case involves the alleged infringement of the Plaintiff's patent and copyright rights related to a waste management system. The Defendants are accused of infringing the Plaintiff's patent by submitting a tender for a similar waste management technology.
Pfizer Products Inc v.D Rawal
The contempt petition was filed by Pfizer Products Inc alleging non-compliance with a previous court order. The respondent submitted an affidavit stating that they had applied to the DCGI for permission to manufacture and market the new drug, Tofacitinib, under New Drugs and Clinical Trial Rules, 2019. They undertook not to commercialize the product until the patent expiry date.
Dr. Sapna Nangia v.The Assistant Controller of Patents and Designs
Dr. Sapna Nangia filed an appeal challenging the Assistant Controller of Patents and Designs' order dated January 29, 2021. The original patent application (No. 201911010599) for a device and process was rejected primarily on the ground of lacking inventive step.
Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Ms Glowsun India Labs Private Limited
Bristol-Myers Squibb filed a suit seeking permanent injunction against Ms Glowsun India Labs for infringing its patent (IN 247381) related to the drug APIXABAN. The parties subsequently resolved their dispute amicably through mediation, leading to a final settlement.
Ferring B.V. v.Precise Bio Pharma Pvt. Ltd.
Ferring B.V. filed a suit alleging infringement of Patent IN 387567, which covered RTS Carbetocin for preventing post-partum haemorrhage. The Plaintiffs argued that manufacturing occurred while the patent was validly granted in February 2022. However, the court found merit in the Defendants' contention that since the grant order was subsequently set aside by a writ petition, there was no valid patent to sustain the infringement suit.
Ds Intellectual Properties Pvt. Ltd. v.Mr. Faizi Khan
This Delhi High Court order addresses a trademark infringement suit filed by Ds Intellectual Properties Pvt. Ltd. against Mr. Faizi Khan regarding the use of similar marks, specifically '0'/'ZERO' versus '00', on respective products. The court noted the dispute over consumer confusion and directed the defendant to consider modifying their mark or label design. Crucially, the defendant was ordered to cease manufacturing fresh stock using the disputed marks pending further proceedings.
Ashok Kumar Gupta & Anr. v.Neeram Garg & Ors.
In this commercial suit concerning the brand SAKRNI PLASTER, the Delhi High Court issued several procedural orders on April 7, 2022. The court granted exemptions to the Plaintiffs regarding document filing and advance notice service due to urgency. Crucially, the court allowed an application for ex-parte ad-interim injunction under Order 39 Rules 1 and 2 CPC, leading to the appointment of Local Commissioners to seize infringing products and inspect the Defendants' premises.
Ab Initio Technology Llc v.Assistant Controller Of Patents And Designs
The Appellant filed an appeal challenging the rejection of its patent application (No. 6500/DELNP/2011). The court first condoned a delay of 53 days in filing the appeal, and subsequently granted further time to the Respondent to file their reply.
Boehringer Ingelheim Pharma Gmbh And Co. Kg v.Natco Pharma Limited
The judgment addresses multiple applications within a commercial suit concerning pharmaceutical patents. The court disposed of an application regarding electronic records and issued directions on several other pending matters, including contempt proceedings related to the sale of Afatinib tablets.
Macleods Pharmaceuticals Ltd v.The Controller Of Patents & Anr.
The court addressed two matters concerning the revocation of Indian Patent No. 243301, which covers the compound Linagliptin. The proceedings involved procedural steps such as treating a plaint as a petition and returning counter statements under objections.
Rpg Enterprises Limited v.M/S Vijay Goel & Anr.
The Delhi High Court dismissed the defendants' application seeking further time to file their written statement in a trademark infringement suit. The court emphasized that despite pandemic-related considerations, the defendants were fully aware of the proceedings and failed to adhere to strict timelines. While denying the extension, the court also directed the defendants to file an affidavit detailing the quantum and sales figures of products using the disputed 'RPG' mark.
Savelife Foundation v.Mr. Aslam Shaikh & Ors.
The Delhi High Court granted an ex parte ad-interim injunction in favor of Savelife Foundation against Mr. Aslam Shaikh and others. The court found that Defendants were fraudulently using deceptively similar trademarks ('Save LIFE' and 'Save LIFE Foundation') and associated domains to solicit funds, thereby infringing the Plaintiff's well-known trademark and committing passing off. This immediate relief aims to prevent irreparable harm while the main suit proceeds.
Indiabulls Housing Finance Ltd. v.Www.Dhanifinance.In & Anr.
The Delhi High Court ruled in favor of Indiabulls Housing Finance Ltd., granting permanent injunctions against Www.Dhanifinance.In for trademark infringement, passing off, and unfair competition. The court found that the defendant was operating a fraudulent website using deceptively similar marks ('Indiabulls', 'Dhani') and domain names to mislead consumers into believing they were dealing with Indiabulls Group. Consequently, the defendant's website operation was suspended, and damages were awarded.
Vifor (International) Ltd v.Hetero Healthcare Limited
Vifor (International) Ltd filed suit against Hetero Healthcare Limited alleging infringement of its patented drug, FERRIC CARBOXYMALTOSE. Vifor contended that Hetero was preparing to launch a generic version under the brand HETROFER, which infringed upon their exclusive patent rights for treating iron deficiency anaemia. The Delhi High Court examined the prima facie case and balance of convenience presented by the Plaintiffs.
Shivnath Rai Harnarain India Ltd. v.Mr. Rakesh Kumar And Ors
In this trademark dispute, the Delhi High Court provided a final opportunity for the Plaintiff, Shivnath Rai Harnarain India Ltd., to formally include an assignee of the trademarks 'LALMAHAL' and 'SHRILALMAHAL' in the ongoing litigation. The court noted that the assignment occurred in 2018 and granted four weeks to file the necessary application. Failure to do so will result in the suit proceeding without the new party on record.
Lt 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.
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