Delhi High Court - Orders
2136 cases · page 60 of 72
Showing 1771–1799Novartis Ag v.Windlas Biotech Pvt. Ltd.
The cases involve Novartis AG against Windlas Biotech Pvt. Ltd. and Eris Lifesciences Limited regarding commercial disputes. The hearings are scheduled for further directions.
PRECISE BIO PHARMA PVT. LTD. v.ASSISTANT CONTROLLER OF PATENTS AND DESIGNS & ANR.
The petitioner filed a petition seeking a stay against an order passed by the Assistant Controller of Patents and Designs. This order rejected the pre-grant opposition filed by Precise Bio Pharma Pvt. Ltd. regarding Indian Patent Application No. 2471/DELNP/2013 under Section 25(1) of the Patents Act, 1970.
Hindustan Syringes And Medical Devices Ltd. v.The Senior Examiner Of Trade Marks
The Delhi High Court addressed an appeal filed by Hindustan Syringes And Medical Devices Ltd. challenging the Senior Examiner's refusal to register the trademark 'DISPOSAFE'. While granting procedural exemptions regarding document submission, the court formally initiated the substantive appeal under Section 91 of the Trade Marks Act, 1999. The petitioner argued that their unique combination mark should not have been rejected as generic or descriptive. The matter is now set for further hearing after notice has been issued to the Respondent.
Lt Foods Limited v.Sri Annapurna Agro Indsutries & Anr.
The Delhi High Court decreed the suit based on a comprehensive settlement reached between Lt Foods Limited and Sri Annapurna Agro Industries. The defendants formally acknowledged Lt Foods as the exclusive proprietor of the trademark 'HERITAGE/INDIAN HERITAGE SELECT.' Crucially, the defendants undertook to cease all use of the mark, refrain from registering similar marks globally, and pay damages amounting to INR 5,00,000/- to the plaintiff. This judgment provides a clear example of how parties can resolve complex IP disputes through negotiated settlements.
Hero Electric Vehicles Private Limited v.Mr. Nitish Kumar & Ors.
The Delhi High Court granted an interim injunction in favor of Hero Electric Vehicles Private Limited against the defendants. The court found that the defendants were fraudulently adopting and misusing Hero's registered trademarks ('Hero Electric', 'Hero Motocrop') and identity materials to set up fake dealerships, thereby deceiving the public. Consequently, the defendants were restrained from using these marks or offering services under the plaintiff's name, and associated domain names and bank accounts were ordered to be frozen pending the final disposal of the suit.
Six Continents Hotels, Inc. v.Karan Holiday Inn Private Limited & Anr
In this ongoing trademark dispute, the Delhi High Court noted that while the defendant had largely removed the disputed mark from various sources, some instances persisted on third-party websites. The court allowed the plaintiff to issue notices to these specific sites demanding the takedown of the infringing trademarks and associated photographs. Furthermore, the parties were directed to continue mediation proceedings, indicating a potential path toward an amicable settlement.
Relaxo Footwears Limited v.M/S Moosa Enterprises & Anr.
The Delhi High Court formally registered the lawsuit filed by Relaxo Footwears Limited against M/S Moosa Enterprises & Anr. The suit alleges infringement of the 'SPARX' trademark, along with claims of passing off and copyright infringement. During the initial proceedings, the defendant acknowledged receiving summons and stated that they had ceased online sales of the goods in question following objections from the plaintiff.
Capital Food Private Limited v.Radiant Indus Chem Pvt. Ltd
In this commercial suit concerning trademark infringement of 'SCHEZWAN CHUTNEY,' the Delhi High Court allowed the plaintiff to introduce crucial subsequent evidence. The court ruled that the take-down notices and market surveys were necessary for a fair adjudication, despite the defendant's objections regarding late filing. This order allows the case to proceed with expanded evidentiary material.
Medal Electronics Private Limited v.M/S Goldmedal Electricals Private Limited
The Delhi High Court addressed an appeal filed by Medal Electronics challenging an ex parte interim injunction granted against them in a trademark dispute. Despite arguments regarding prior use and alleged acquiescence, the appellants chose to withdraw their appeal. The court dismissed the appeal but granted liberty for the appellants to file appropriate applications before the Trial Court, urging the lower court to expedite the decision on the interim injunction application.
Astrazeneca Ab v.Westcoast Pharmaceutical Works Limited
The plaintiffs, Astrazeneca Ab, filed a suit alleging that the defendant, Westcoast Pharmaceutical Works Limited, was infringing their Indian Patent IN 297581, which covers the anticancer drug Osimertinib (marketed as Tagrisso). The plaintiffs claimed the defendant was soliciting large orders to manufacture and sell the infringing product without authorization.
Sporta Technologies Pvt. Ltd. v.Sham Bansode
The dispute between Sporta Technologies Pvt. Ltd. and Sham Bansode regarding the 'Dream11' trademarks was amicably settled through mediation. The parties agreed that the court would decree the infringement suit based on the settlement terms. Key provisions included the defendant acknowledging ownership of the plaintiff's listed trademarks, agreeing to cease all use of similar marks, transferring the domain name www.mydream11.in, and paying a total sum of Rs. 1,00,000/-.
Himalaya Wellness Company & Ors. v.Elder Labs Limited & Anr.
The dispute between Himalaya Wellness Company and Elder Labs Limited was resolved through mediation, leading to a comprehensive settlement agreement accepted by the Delhi High Court. The defendants acknowledged the plaintiffs' rights in trademarks like 'Liv.52' and 'HIMALAYA', as well as their trade dress (orange and green color combination). In exchange for discontinuing infringing activities and paying damages of Rs. 3,00,000/-, the suit was decreed based on the settlement terms.
Rica S.P.A. v.M/S Skin Safe Industries Through Its Sole Proprietor & Ors.
The Delhi High Court granted an interim injunction in favor of Rica S.P.A., a cosmetics company, against M/S Skin Safe Industries. The plaintiff alleged infringement and passing off concerning its trademarks, copyrights, and trade dress related to hair removal products. Citing prima facie evidence and the balance of convenience, the court restrained the defendants from using deceptively similar marks or copying the plaintiff's packaging and artistic works until the final hearing.
Dr Ashim Kumar Biswas v.A To Z Pharmaceuticals And Laboratory & Anr.
The Delhi High Court granted an interim injunction in favor of Dr. Ashim Kumar Biswas against A To Z Pharmaceuticals for trademark infringement and passing off. The court found that the defendant's product was an exact copy of the plaintiff's Ayurvedic medicine, using a deceptively similar mark ('DR. BISWASH') while also naming the plaintiff as the manufacturer. Given the clear prima facie case, balance of convenience, and risk of irreparable harm to the plaintiff's reputation, the court restrained the defendants from continuing the infringing activities until further hearing.
M/S Esme Consumer Private Limited v.M/S Prass Naturaceutical Pvt Ltd
The Delhi High Court granted an interim injunction in favor of M/S Esme Consumer Private Limited against M/S Prass Naturaceutical Pvt Ltd. The court found that the defendant's adoption of the mark 'NATURASSENCE' was closely identical and deceptively similar to the plaintiff's registered trademarks, including 'NATURE'S ESSENCE'. Given the prima facie case made by the plaintiff regarding goodwill and reputation, the court restrained the defendant from using any confusingly similar marks or trade dress until further hearing.
Dfm Foods Limited v.ITC Limited
The Delhi High Court initiated proceedings in the trademark dispute between Dfm Foods Limited and ITC Limited. While the suit was filed seeking permanent injunction against infringement, passing off, and unfair competition, the court immediately directed both parties toward mandatory mediation. This order sets the stage for amicable resolution while allowing procedural steps like filing additional documents and exemptions from pre-institution mediation.
Schaeffler Technologies Ag And Co Kg v.Ms Gangason Enterprises
The Delhi High Court addressed a suit filed by Schaeffler Technologies (FAG) against Ms Gangason Enterprises for alleged trademark infringement. The parties ultimately resolved their dispute through an amicable settlement, which the court formalized into a decree. Under the terms of this settlement, the Defendant acknowledged FAG's exclusive rights and agreed to cease all use of the mark 'FAG,' withdraw related trademark applications, destroy infringing products, and provide an apology for the violation.
Ferrero Spa & Ors. v.Needs Supermart Private Limited
In a trademark infringement suit concerning the 'Nutella' brand, the Delhi High Court issued an order on February 2, 2022. While the court maintained the existing interim injunction against the defendant, it deferred the dispute over whether products were counterfeit to the trial stage. Furthermore, the court directed both parties toward mediation and conciliation to attempt a settlement of the ongoing litigation.
KLEENOIL FILTRATION INDIA PVT LTD v.UDIT KHATRI & ORS.
The Delhi High Court granted an interim injunction in favor of KLEENOIL FILTRATION INDIA PVT LTD against Udit Khatri & Ors. The court found that the defendants were engaging in blatant trademark infringement by selling spurious, sub-standard oil filters using names and get-ups deceptively similar to KLEENOIL's registered trademarks. Citing prima facie evidence, irreparable harm, and balance of convenience, the court restrained the defendants from marketing or supplying products under 'KLEENOIL' or 'CLEANOIL' until further hearing.
Infiniti Retail Limited v.M/S Croma Through Its Proprietor & Ors.
The Delhi High Court ruled in favor of Infiniti Retail Limited, granting a permanent injunction against trademark infringement and ordering the transfer of the domain name www.croma.in. The court found that the plaintiff's mark 'CROMA,' which is registered and declared well-known, was being illegally used by a third party who was profiting from its reputation through website squatting. This judgment reinforces the strong legal protection afforded to established, well-known trademarks in the digital space.
Airtec Electrovision Pvt. Ltd. v.Sunil Kumar Saluja
The Delhi High Court dismissed Airtec Electrovision's appeal against the Commercial Court's refusal to grant an interim injunction. Airtec sought protection for its registered mark 'EIRTEC' against Sunil Kumar Saluja's use of 'AIRNET' on television sets, claiming deceptive similarity. However, the court found no sufficient phonetic or stylistic similarity and emphasized that common words like 'air' are often used in the electronics trade, ultimately upholding the lower court's decision.
Emaar Properties Pjsc v.Emaar Farm Technik Private Limited & Anr.
The Delhi High Court granted an interim injunction in favor of Emaar Properties Pjsc against Emaar Farm Technik Private Limited. The plaintiff, a well-established global brand, alleged that the defendant was deceptively using the registered trademark 'EMAAR' for farm equipment to benefit from the plaintiff's goodwill and reputation. The court recognized the clear case of infringement and passing off, temporarily restraining the defendants from using the mark on any products or e-commerce platforms until further proceedings.
Toyota Jidosha Kabushiki Kaisha v.The Senior Examiner Of Trade Marks
Toyota Jidosha Kabushiki Kaisha filed an appeal challenging a decision by the Senior Examiner regarding its trademark application for 'ALPHARD' in Class 12. The Delhi High Court, while allowing the appellant to cure procedural delays and admitting the appeal, set the matter down for further hearing. Toyota argued that as a prior user of the mark since 2008, the examiner erred in declining registration.
MARRIOTT WORLDWIDE CORPORATION v.COURTYARD HOLIDAYS WORLD PRIVATE LIMITED
The Delhi High Court granted an interim injunction in favor of Marriott Worldwide Corporation against Courtyard Holidays World Private Limited regarding trademark infringement. The court found that the defendant was misleading consumers by using marks and domain names identical or similar to Marriott's registered 'COURTYARD' brand. Despite the defendant having a registration, the court noted that this registration was obtained through false representation, leading to the restraint order.
New Balance Athletics Inc. v.Ashok Kumar Trading As WWW.SASTAJOOTA.COM & ORS.
The Delhi High Court granted an ad-interim injunction in favor of New Balance Athletics Inc. against Ashok Kumar Trading As WWW.SASTAJOOTA.COM & Ors., finding a prima facie case of trademark infringement. The court recognized that the defendants were operating websites offering footwear bearing New Balance's mark without authorization, leading to apprehension of counterfeit goods. Consequently, the court ordered the immediate deactivation and blocking of the infringing websites.
M/S Thind Industries v.M/S Pankaj Sales Corporation
In a recent order, the Delhi High Court addressed the dispute between M/S Thind Industries and M/S Pankaj Sales Corporation. Recognizing the appellant's willingness to modify its branding, the court granted permission for M/S Thind Industries to revise its trademark and label. This interim decision allows the parties to move forward with a resolution by allowing the appellant time to submit the revised materials.
Frankfinn Aviation Services Pvt Ltd. v.M/S Fly High Montessori & Ors.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Frankfinn Aviation Services Pvt Ltd. against M/S Fly High Montessori & Ors. The plaintiff alleged that the defendant was using a deceptively similar mark, 'GOLDEN FRANKFINN,' for educational services, thereby infringing on and passing off its registered trademark 'FRANKFINN.' The court found that a prima facie case was made out, immediately restraining the defendant from using the disputed marks in any manner to prevent further infringement and unfair competition.
Bristol-Myers Squibb Holdings Ireland v.Metrochem Api Private Limited
The plaintiffs filed a suit for permanent injunction against the defendant for infringing their patent related to the compound APIXABAN. The defendant is accused of manufacturing and selling APIXABAN API without authorization.
Indian Oncology Foundation v.The Registrar Of Trademarks
The Delhi High Court upheld the rejection of the trade mark application 'Indian Oncology Foundation' by the Registrar of Trademarks. The court found that while the applicant claimed long-term use and reputation, they failed to provide sufficient documentary evidence—such as advertising expenditure or sales data—to prove that the descriptive mark had acquired secondary meaning. This ruling emphasizes that mere usage is insufficient; concrete proof of distinctiveness must be presented to overcome statutory objections.
Ht Media Ltd v.Pooja Sharma & Ors.
In a significant interim order, the Delhi High Court granted an immediate injunction protecting Ht Media Ltd's 'SHINE' trademark and its website www.shine.com from unauthorized use by rogue defendants. The court recognized that the defendants were using the plaintiff's IP to deceive the public through fraudulent job/career services. Crucially, the judgment issued sweeping directions to various service providers—including ISPs, telecom operators, domain registrars, and Gmail—to block infringing websites and disclose user information, effectively providing a powerful mechanism for online IP enforcement.
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