Delhi High Court - Orders
2164 cases · page 63 of 73
Showing 1861–1889Sporta Technologies Pvt. Ltd And Anr. v.Roberta Gaming Pvt Ltd And Anr.
The Delhi High Court addressed an application filed by Sporta Technologies regarding the domain name 'www.fandream11.com'. Following disclosure from GoDaddy, the court removed Roberta Gaming Pvt Ltd from the suit and impleaded Mr. Bapi Das as Defendant No. 1. Furthermore, the Plaintiffs were allowed to amend their plaint to seek a declaration of their mark 'DREAM11' as a 'well-known' trademark, allowing the litigation to proceed against the actual domain owner.
Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Zee Laboratories Limited & Ors.
The plaintiffs filed a suit seeking an ad interim injunction against the defendants for allegedly infringing Indian Patent Nos. 247381, which covers the subject matter related to Apixaban. The court granted the ad interim injunction, restraining the defendants from dealing in or advertising the infringing generic products 'Apixaz' and 'Apiquis', and ordered the permanent delisting of such advertisements.
Intelligent Packaging Pty Ltd v.The Controller General Of Patents
Intelligent Packaging Pty Ltd filed an appeal challenging the Controller General of Patents' refusal to grant Indian Patent Application Number No. 156/DELNP/2014. The court issued several interim orders regarding procedural matters such as condonation of delay, exemption from filing documents, and granted time for the respondent to file a reply.
Chugai Seiyaku Kabushiki Kaisha v.Hetero Labs Limited
Chugai Seiyaku Kabushiki Kaisha filed a suit seeking an ad interim injunction against Hetero Labs Limited for infringing Indian Patent No. IN 294424, which covers Alectinib or its salts/solvates. The court allowed the application subject to exceptions, permitting defendants to use the drug for research purposes under Section 107A of the Patents Act but prohibiting commercial launch without prior court permission.
Cross Fit Llc v.Rtb Gym And Fitness Centre Through Its Proprietor Mr. Arun Sharma
The Delhi High Court addressed a trademark infringement suit filed by Cross Fit LLC against RTB Gym And Fitness Centre for using the identical mark 'CROSSFIT' in the fitness industry. Given that the defendant had failed to appear despite service, the court appointed a Local Commissioner. This commissioner is mandated to visit the premises, remove all infringing signage and advertisements, seize stock of materials bearing the disputed mark, and prepare an inventory report for the plaintiff.
Cars24 Services Pvt. Ltd. v.Girnarsoft Automobiles Private Limited
This Delhi High Court order addresses an ongoing dispute regarding the use of the 'Cars24' trademark in Google AdWords. The Plaintiffs sought to press applications for vacation of a previously granted interim injunction, which restrained Defendants from using or purchasing deceptively similar marks as keywords. The court noted that while cross-undertakings were in place, the core issues required a full hearing on merits. Consequently, the matter was listed for further arguments and case compilations.
M/S Blue Heaven Cosmetics Pvt Ltd v.M/S T.R.N. Corporation Through: Its Proprietor Sh. Deepak Nimesh
The Delhi High Court granted an interim injunction in favor of Blue Heaven Cosmetics against T.R.N. Corporation regarding trademark infringement and passing off. Although the Defendant held a registered mark, the court found that their use of trade dress, writing style, and overall packaging was deceptively similar to the Plaintiff's well-known marks. The order restrained the Defendant from selling products with the infringing trade dress and mandated the removal of all such listings from e-commerce portals.
Pfizer Inc & Ors v.Triveni Interchem Private Limited & Ors
The plaintiffs, holding patent IN 218291 for Palbociclib, filed an application seeking interim relief against the defendants who were allegedly manufacturing, marketing, and selling infringing products online. The court found prima facie evidence of infringement and passed several ad interim injunctions restraining the parties from further dealing in the patented product.
Himalaya Wellness Company & Ors. v.Abony Healthcare Limited Through Its Directors & Anr.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Himalaya Wellness Company against Abony Healthcare Limited. The suit alleged trademark infringement, passing off, trade dress infringement, and copyright violation concerning the 'Liv' product line. The court found prima facie evidence of deceptive similarity based on identical packaging elements, color schemes (orange/green), and similar product names ('Liv.52' vs 'Liv.55 DS'). This interim order prevents the defendants from continuing their alleged infringing activities pending the final hearing.
Merck Sharp And Dohme Corp & Anr v.Harman Finochem Limited
The plaintiffs filed a suit alleging that the defendant was violating and infringing their registered patent (IN 209816) related to Sitagliptin. Despite previous assurances, the plaintiffs presented evidence showing the defendant continued to advertise and export infringing products. The court granted an ex-parte ad interim injunction restraining the defendant from further infringement.
Bristol Myers Squibb Holdings Ireland Unlimited Company v.Triveni Interchem Private Limited
The plaintiffs filed a suit seeking an ad interim injunction against the defendants for dealing in generic Apixaban product that infringes Indian Patent No. 247381. The court, relying on previous orders regarding the same patent, passed an ex-parte ad-interim injunction restraining the defendants from manufacturing, selling, or distributing the infringing generic product.
Sotkon Sp Slu v.Western Imaginary Transcon Pvt. Ltd.
The plaintiff, a Spanish company operating in India, filed a suit alleging that the defendants infringed its patented 'Subsurface System for the Collection of Refuse' (IN 329620) and violated its copyrights. The infringement was alleged based on the defendants' tender bid submitted to Gandhinagar Municipal Corporation.
Pfizer Inc v.Natco Pharma Limited
The court passed several orders regarding various interlocutory applications in the suit filed by Pfizer Inc against Natco Pharma Limited. Specifically, the court granted an undertaking to the defendant that they would provide four weeks prior notice before launching the drug alleged to infringe the patent.
Macleods Pharmaceuticals Limited v.M/S Skynet Placements & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Macleods Pharmaceuticals Limited against M/S Skynet Placements & Ors. The court found a prima facie case that the defendants were using the plaintiff's registered trademark 'MACLEODS' for deceptive purposes, specifically related to fake job offers. Consequently, the defendants were restrained from promoting or offering services under the mark, and banks were directed to freeze specific accounts linked to the alleged fraudulent activity.
Chugai Seiyaku Kabushiki Kaisha v.Fresenius Kabi Oncology Limited
Chugai Seiyaku Kabushiki Kaisha filed a suit seeking an ad interim injunction against Fresenius Kabi Oncology Limited for infringing Indian Patent No. IN 294424 related to the drug Alectinib. The court granted the injunction, restraining commercial activities, but allowed the defendant to use the product for research purposes under Section 107A of the Patents Act.
Vinod Snacks and Confectioners Private Limited v.Vinod Multifood Products Private Limited
The Delhi High Court addressed a trademark infringement suit filed by Vinod Snacks & Confectioners Pvt. Ltd. against Vinod Multifood Products Pvt. Ltd., concerning the use of the trademarks 'POOJA' and 'SHIV'. While the court allowed the main suit to proceed, it granted an interim injunction restraining the defendants from independently selling products under these marks. However, the defendants were permitted to continue supplying these products to the plaintiff, provided separate sales accounts are maintained.
Cerveceria Modelo Demexico S De R L De Cv v.The Origin Ventures & Ors
In a significant ruling for global beverage giants, the Delhi High Court granted an interim injunction to Cerveceria Modelo Demexico S De R L De Cv. The court found that the defendants were using the well-known 'CORONA' and 'BUDWEISER' trademarks and logos in a derogatory manner on their clothing line products. Recognizing the prima facie case, the court restrained the defendants from selling or marketing these disparaging products until further hearing, protecting the goodwill of the established brands.
PFIZER INC v.NATCO PHARMA LIMITED
The plaintiffs (Pfizer Inc) informed the court that the present matter relates to Patent No. 218291 and is connected to several other pending cases involving the same patent. The court directed that the present matter be listed along with these related matters before the Judge In-charge on September 30, 2021.
Loreal S.A. v.Ashok Kumar And Others & Ors
The Delhi High Court granted an interim injunction in favor of Loreal S.A., a global beauty brand, against defendants accused of trademark infringement and passing-off. The court found that the defendants were operating a 'rogue website' (www.lorealglobal.in) and using email addresses mimicking L'OREAL's domain to deceive the public. Crucially, the court issued specific directions compelling the domain registrar and telecom service provider to disclose user details and block access to the infringing online assets, establishing a strong precedent for digital IP enforcement.
Mr. Anil Rathi v.Shri Sharma Steeltech (India) Pvt. Ltd.
The Delhi High Court addressed an application filed by Mr. Anil Rathi concerning the unauthorized use of his trademark 'RATHI'. The plaintiff alleged that a proposed defendant was using the mark in violation of a prior court injunction order. The court issued notice to the alleged contemnors and scheduled the matter for service and completion of pleadings, keeping the litigation active.
Terrace Pharmaceuticals Pvt. Ltd. v.The Controller General Of Patents, Designs and Trademarks & Anr.
In this matter concerning a petition before the Delhi High Court, the court addressed several procedural applications. While certain motions were disposed of, the bench issued a critical direction requiring the petitioner to implead the actual registered proprietors of the trademark in question. This step is necessary because a favorable ruling could lead to the cancellation of their registered mark, ensuring all stakeholders are heard before proceeding with the core dispute.
Rajdhani Masala Co & Anr. v.Victoria Foods Private Limited
The Delhi High Court addressed the trademark dispute between Rajdhani Masala Co & Anr. and Victoria Foods Private Limited, which centers on the use of the 'RAJDHANI' mark. While the appellants claimed long-standing usage since 1965, the court noted a lack of concrete evidence, such as sales invoices, to establish prima facie commercial use of the trademark on their goods. The Court directed both parties to file the complete record before proceeding further in the litigation.
Macleods Pharmaceuticals Limited v.Nava Healthcare Pvt. Ltd.
The Delhi High Court ruled in favor of Macleods Pharmaceuticals Limited, granting a permanent injunction against Nava Healthcare Pvt. Ltd. and associated defendants for trademark infringement and passing off. The court found that the Defendants' mark 'Blofin-D3 Max' and packaging were identical to the Plaintiff's registered marks ('Bio-D3', 'Bio-D3 Max') used for similar pharmaceutical preparations. Although Defendant No. 1 changed its mark, the injunction was upheld against all parties involved in the collaboration, and costs were awarded to the Plaintiff.
Alkem Laboratories Limited v.Danish Health Care Pvt Ltd & Anr.
The Delhi High Court decreed the suit filed by Alkem Laboratories Limited against Danish Health Care Pvt Ltd following an amicable settlement reached through court mediation. The dispute centered on the alleged infringement of Alkem’s registered trademark ‘ALDIGESIC’ in medicinal preparations. Under the terms of the settlement, the Defendants acknowledged Alkem's rights and agreed to cease using the infringing mark and similar trade dress, further agreeing to withdraw their own pending trademark application for 'ALGESIC'.
RICA S.P.A. v.JATIN HEMENDRABHAI VORA TRADING AS M/S PARUL MARKETING & ANR.
The Delhi High Court allowed the plaintiff, RICA S.P.A., to file a suit seeking permanent injunctions and damages related to trademark infringement and passing off. The core dispute involves the defendant's attempt to register the similar mark "REAL RICA Wax" for identical cosmetic products used by the plaintiff under the registered trademark RICA. Crucially, the court granted an interim injunction restraining the defendants from using the disputed trademark until the suit is fully adjudicated.
Eli Lilly And Company v.Hetero Labs Limited
The plaintiffs allege that the defendants have infringed their patent for Baricitinib by manufacturing and selling it without a license. The case involves a request for an injunction to prevent the defendants from continuing this activity.
STANLEY BLACK AND DECKER, INC. v.STANLEY SWITCHGEAR PRODUCTS
The Delhi High Court addressed the initial proceedings in the trademark infringement and passing off suit filed by Stanley Black and Decker against Stanley Switchgear Products. While allowing procedural applications for filing additional documents, the court formally registered the plaint as a suit seeking permanent injunction based on an alleged violation of a 1975 undertaking regarding the use of the 'Stanley' trademark. Crucially, the court denied the plaintiff's request for an immediate ex-parte interim injunction, noting that there was no apparent evidence of goods being marketed beyond the scope of the original agreement.
Warner Bros Entertainment Inc. v.Mr Ishant Kashiwal Trading As The Hogwarts Kafe & Ors.
Warner Bros Entertainment Inc. successfully secured an interim injunction against Mr Ishant Kashiwal Trading As The Hogwarts Kafe in a suit for trademark infringement, passing off, and unfair competition. The court recognized Warner Bros' status as a global leader and prior proprietor of the well-known 'Hogwarts' trademarks. Crucially, the defendant was immediately restrained from using the infringing mark 'The Hogwarts Kafe' at their restaurant premises and directed to remove all related advertisements and listings online.
Om Logistics Ltd v.Sh Mahendra Pandey
The Delhi High Court issued an interim order in favor of Om Logistics Ltd, restraining Sh Mahendra Pandey and his associates from using the deceptively similar trade mark 'OM EXPRESS LOGISTICS'. The court found that the plaintiff had made out a prima facie case regarding trademark infringement and passing off, given the long-standing reputation of 'OM LOGISTICS LTD.' and the similarity in the marks used by the defendant. This order allows the suit to proceed while protecting the established brand identity.
Pfizer Inc v.Triveni Interchem Private Limited
The plaintiff alleges infringement of its Indian Patent No. 218291 related to Palbociclib, marketed under the brand name 'Palbace'. The court found a prima facie case of infringement but noted the timeline of alleged infringement was unclear.
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