Mixed
1,014 mixed decisions from Delhi High Court - Orders.
Mixed Decisions
1014 cases | Page 3 of 34
Boehringer Ingelheim Pharma Gmbh And Co Kg v.The Controller Of Patents & Anr.
This Delhi High Court order addresses complex procedural issues arising from concurrent litigation between Boehringer Ingelheim Pharma and The Controller of Patents. Specifically, the court examined whether a revocation petition remains maintainable even if the patentee has already raised an invalidity defence in an infringement suit. Furthermore, the bench deliberated on the highly arguable question of whether a patent can be revoked after its term has expired by efflux of time. The court decided to list the matter for further hearing and stayed the impugned order.
Juggernaut Books Pvt. Ltd. v.Inkmango Inc. & Anr.
Juggernaut Books initiated contempt proceedings against Inkmango Inc. alleging non-compliance with a prior settlement decree regarding the publication of mandated disclaimers. The petitioner claimed that despite fulfilling its obligations, the respondents failed to publish the required notices on their digital platforms. While the court acknowledged the dispute over compliance, it did not immediately punish the respondent, instead directing them to file a compliance affidavit and listing the matter for further hearing.
M/S Bhagwati Enterprises v.Rajesh Kumar Aggrawal
In this Delhi High Court order, the court addressed several procedural applications in a suit concerning trademark infringement and passing off. The court granted the plaintiff exemptions for filing copies and instituting pre-litigation mediation due to the urgency of the matter. Crucially, the court allowed the plaintiff time to amend the plaint after finding that the initial claims regarding manufacturing capacity were unsubstantiated by the records.
Woodland (Aero Club) Pvt. Ltd. v.M/S Speedways Tyre Treads & Anr.
The Delhi High Court issued several orders in favor of the Plaintiff, Woodland (Aero Club) Pvt. Ltd., in its suit against M/S Speedways Tyre Treads & Anr. The court granted exemptions for pre-institution mediation and advanced service, recognizing the urgency of the matter. Crucially, the court allowed the Plaintiff to seek an ex-parte ad-interim injunction by appointing a Local Commissioner to inspect the premises and stock of the Defendant, thereby initiating immediate protective measures against alleged trademark infringement.
Triveni Household Items Manufacturers Private Limited v.Radhey Radhey Industries & Anr.
In this trademark dispute, the defendants sought to vacate an existing injunction. The plaintiff argued that a pending rectification petition was irrelevant to the current litigation. The court directed the plaintiff to submit the entire record of the rectification petition within two weeks, ensuring both parties have access to all relevant information as the case proceeds.
Jsw Mg Motor India Private Limited v.The Registrar Of Trade Marks & Anr.
The Delhi High Court heard an appeal filed by JSW MG Motor India Private Limited challenging the Registrar of Trade Marks' order that treated their application as abandoned due to non-appearance. The Appellant argued that their newly engaged counsel made reasonable attempts to join the virtual hearing but was unable to do so because the VC link was sent to the previous counsel. The Court prima facie agreed with the Appellant, finding that the inability to attend was not attributable to the new counsel. Consequently, notice was issued to the Respondents, and the matter was listed for further consideration.
Tata Sons Private Limited & Anr. v.Sohel Iliyasbhai Dantroliya
The Delhi High Court addressed several procedural applications in the trademark infringement suit filed by Tata Sons against Sohel Iliyasbhai Dantroliya. Crucially, the court granted an interim injunction and permitted the appointment of a Local Commissioner to inspect and seize infringing goods (VITA GLUCO+) bearing deceptively similar packaging to TATA GLUCO+. The order also provided procedural relief to the plaintiffs regarding extensions of time, exemption from pre-institution mediation, and permission to file additional documents.
Sg Corporate Mobility Pvt .Ltd. v.Marvel Technoplast Pvt. Ltd.
The Delhi High Court addressed several procedural applications in the trademark opposition matter between Sg Corporate Mobility and Marvel Technoplast. The court granted an exemption request regarding the submission of a certified copy of an NCLT order, allowing the petitioner four weeks to comply. Furthermore, recognizing that Respondent No. 1 had filed notice of opposition to Petitioner's trademark application no. 6792577 but failed to appear, the Court directed formal service and issuance of notices to ensure due process continues in the matter.
Usms Saffron Co. Inc. v.Rupesh Rathore Trading As Rm International
The Delhi High Court issued a comprehensive order in the trademark, copyright, and passing off infringement suit filed by Usms Saffron Co. Inc. against Rupesh Rathore Trading As Rm International. The Court granted an ad-interim injunction to protect the Plaintiff's registered trademarks and unique packaging/trade dress for 'BABY BRAND SAFFRON'. Furthermore, the court set out procedural directions regarding document submission, exempted the plaintiff from pre-institution mediation due to the urgency of interim relief, and fixed the fee for a Local Commissioner to inspect the premises.
Capital Foods Private Limited v.Pitambari Products Private Limited
In a dispute over trademark infringement, Capital Foods Private Limited and Pitambari Products Private Limited reached an out-of-court settlement. The Delhi High Court formalized this compromise, decreeing the suit in favor of the Plaintiff while allowing the Defendant limited usage rights for specific packaging (PITAMBARI RUCHIYANA SCHEZWAN HOT & SPICY). This resolution allows the parties to move forward without protracted litigation over damages and accounts.
Harpal Singh Gulati v.Registrar Of Trademarks
This Delhi High Court order addresses an appeal filed by Harpal Singh Gulati challenging the rejection of his trademark application for 'Martban -MAA KE HAATH SA'. The core dispute revolves around the appellant's claim of prior use. Crucially, M/s Martbaan, proprietor of similar marks, was impleaded as a respondent to participate in the proceedings. The Court set out a detailed schedule for filing pleadings and listing the matter before the Joint Registrar.
Krbl Limited v.Shailendra Chaturvedi & Anr.
The Delhi High Court disposed of the appeal in Krbl Limited vs Shailendra Chaturvedi & Anr., resolving a dispute over the scope of the trademark 'DOON MEMORIES'. The court directed the Registrar of Trademarks to amend the registration (TM No. 421683) to restrict the goods exclusively to bakery products, based on an undertaking given by Respondent No. 1. This decision effectively narrowed the scope of the mark's use, provided the respondent adheres strictly to the agreed-upon limitations.
Lifestyle Equities C.V. v.Dilipkumar Narandas Sheth Trading As M/s. Arihant Enterprise
In this ongoing trademark dispute, the Delhi High Court addressed several interlocutory applications. The court allowed the defendant to file vernacular and dim documents while simultaneously directing both parties to engage in an amicable resolution. Crucially, the court acknowledged evidence presented by the defendant regarding the historical use of a specific logo as a watermark on invoices dating back to 1993, allowing the plaintiff to inspect these original documents. The judgment emphasizes the possibility of settlement before further litigation proceeds.
Pureplay Skin Sciences (India) Pvt. Ltd. v.Mr. Wazahat Choudhary
In a trademark infringement suit concerning skincare products, the Delhi High Court issued several procedural orders favoring the Plaintiff, Pureplay Skin Sciences. The court granted leave to file additional documents and exempted the plaintiff from mandatory pre-litigation mediation due to the urgency of the matter. Crucially, the court also allowed the appointment of a Local Commissioner to inspect the defendant's premises for potential counterfeit goods, while simultaneously granting exemptions regarding advance service and discovery procedures.
Kbm Foods Private Limited v.Ajay Yadav Trading As Sourav Masala Company
The Delhi High Court issued a comprehensive order in the trademark infringement suit filed by Kbm Foods Private Limited against Ajay Yadav Trading As Sourav Masala Company. The court granted several procedural exemptions, including waiving pre-institution mediation due to the urgency of the matter. Crucially, the court directed the appointment and execution of a Local Commissioner to seize goods bearing allegedly infringing marks, thereby providing immediate interim relief to the plaintiff while the main suit proceeds.
Darzi India Llp v.Kafil Ahmed
This Delhi High Court order addresses a contempt petition filed by Darzi India Llp against Kafil Ahmed for alleged violation of a prior court decree. The core dispute revolves around the permissible use of the trade mark 'KAFIL DARZI'. While the petitioner sought strict enforcement and removal of infringing marks, the respondent argued that the previous judgment permitted the usage. Consequently, the Court allowed the respondent liberty to seek clarification from the Single Judge regarding the scope of the prior order.
Crocodile International Pte. Ltd. v.La Chemise Lacoste & Anr.
The Delhi High Court issued an order addressing procedural applications in the trademark infringement suit filed by Crocodile International Pte. Ltd against La Chemise Lacoste & Anr. The court condoned the plaintiff's delay in filing its replication and granted an extension for filing a rejoinder, provided the plaintiff deposits costs. Furthermore, the court set out a clear roadmap for the case management, directing both parties to file documents, affidavits of admission/denial, and joint document schedules before proceeding to trial.
Abbvie Ireland Unlimited Company v.Controller General Of Patents, Design, Trademark And Geographical Indications & Ors.
Abbvie Ireland Unlimited Company challenged the slow pace and procedural irregularities in the handling of its Patent Application No. 8004/DELNP/2011, which was subject to multiple pre-grant oppositions under Section 25(1) of the Patents Act, 1970. The petitioner raised concerns regarding mechanical issuance of notices and delays in pronouncing orders after hearings were concluded. The Delhi High Court intervened, directing the Controller General's office to expedite the process and pass a consolidated order on all pending oppositions by December 31, 2025.
Reckitt And Colman (Overseas) Hygiene Home Limited & Ors. v.Ashok Kumar(S)/John Does & Ors.
In a significant commercial dispute concerning the HARPIC brand, the Delhi High Court issued several procedural orders favoring the Plaintiffs (Reckitt And Colman). The court allowed the plaintiffs to file additional documents and granted exemptions regarding pre-litigation mediation and advance service. Crucially, the court also permitted an ex parte ad interim injunction by appointing Local Commissioners to conduct inspections of the alleged infringing products, reinforcing the strength of the brand's trademark and trade dress protection.
Raj Kumar Jain / Puja Agarwal / Pravesh Narula Trading as M/s. Capital Enterprises v.Registrar of Trademark & Anr.
The Delhi High Court issued several orders across connected trademark litigation matters. Notably, the court condoned a significant delay (82 days) in filing a Written Statement to an amended plaint, allowing the case to proceed despite procedural lapses. Furthermore, directions were given for forensic examination of specific sale invoices, indicating that evidence authenticity remains a critical point of contention in this dispute.
Raj Kumar Jain / Puja Agarwal / Pravesh Narula Trading as M/s. Capital Enterprises v.Registrar of Trademark & Anr.
The Delhi High Court issued several orders across connected trademark litigation matters. Notably, the court condoned a significant delay (82 days) in filing a Written Statement to an amended plaint, allowing the case to proceed despite procedural lapses. Furthermore, directions were given for forensic examination of specific sale invoices, indicating that evidence authenticity remains a critical point of contention in this dispute.
Xx v.Yy
The Delhi High Court granted an ex-parte ad-interim injunction in favor of the Plaintiff (Xx) against the Defendants (Yy) concerning trademark infringement and passing off. The court found that the Defendant's use of 'KAMA GEMS' was deceptively similar to the Plaintiff's registered marks, leading to a restraint on selling infringing products and preventing disparagement. Additionally, the court granted several procedural reliefs, including exemption from pre-litigation mediation.
Dhanuka Agritech Limited v.Agrim Wholesale Private Limited & Anr.
The Delhi High Court issued a significant order in the trademark infringement suit filed by Dhanuka Agritech Limited against Agrim Wholesale Private Limited. The court granted several procedural exemptions, including waiving pre-institution mediation due to the urgency of the matter. Crucially, the court allowed the Plaintiff's request for an urgent interim injunction and directed the appointment of Local Commissioners to inspect and inventory the alleged infringing goods, setting a clear path for immediate evidence gathering in the dispute.
Thrillophilia Travel Solutions Private Limited & Anr. v.Mrs Vishali Maggo & Ors.
Thrillophilia Travel Solutions filed a suit seeking permanent injunction against defamation and disparagement of its trademark 'THRILLOPHILIA' by individuals who posted negative comments online. The Delhi High Court granted an interim restraint, preventing the defendants from uploading any new defamatory content using the Plaintiffs' marks or disparaging language on social media platforms. This order also allowed the Plaintiffs to file additional documents in the ongoing commercial suit.
Pataka Industries Private Limited v.Verinder Cigrate Store And Anr.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Pataka Industries against Verinder Cigrate Store. The court granted exemptions from advance service, filing certified copies, and mandatory pre-institution mediation, allowing the case to proceed swiftly. Crucially, the court permitted a Local Commissioner to execute a commission to seize stock bearing similar marks ('S02 PATAKHA') to the Plaintiff's registered trademark '502 PATAKA', signaling strong judicial support for immediate injunctive relief.
Tommy Hilfiger Europe Bv & Anr. v.Mr Lalit Kumar Goel & Ors.
In this commercial suit concerning trademark infringement, the Delhi High Court granted several procedural reliefs in favor of the plaintiffs, Tommy Hilfiger and Calvin Klein. The court exempted them from pre-institution mediation due to the urgency of interim relief sought. Furthermore, it allowed an exemption from advance service to the defendants, recognizing the imminent risk that the defendant might conceal infringing operations. Crucially, the court directed local commissioners to inspect the premises to ascertain the value of deceptively similar stock and gather evidence against the alleged infringers.
Pooja Electric Co. v.Anand Tomar Trading As Pooja Rading Company
In this intellectual property dispute, the Delhi High Court allowed the plaintiff, Pooja Electric Co., to introduce evidence of subsequently registered trademarks into the ongoing litigation. Although the plaintiff sought an amendment under Order VI Rule 17 CPC, the court determined that since the original plaint already disclosed the pendency of these trademark applications, a formal amendment was unnecessary. The court permitted the plaintiff to rely on the registration certificates while leading evidence, allowing the suit to proceed toward the recording of evidence.
Frankfinn Aviation Services (Pvt.) Ltd. v.Fly- Hi Maritime Travels Private Limited & Anr.
The Delhi High Court modified an interim injunction in a trademark dispute between Frankfinn Aviation Services and Fly-Hi Maritime Travels. The court allowed the defendant to use its logo mark 'FLY HI' for its current, specified services, subject to plaintiff's consent. Furthermore, the defendant was granted conditional liberty to use the word form 'FLY HI' only as a reference in its normal course of business, provided it identifies specific, necessary circumstances and avoids trademark usage.
Saptarishi Herbals Llp v.Asif Enterprises & Anr.
The Delhi High Court issued a comprehensive order in the trademark infringement suit filed by Saptarishi Herbals Llp against Asif Enterprises & Anr. The court allowed several procedural applications, including granting the plaintiff exemptions regarding e-filing advertisements and pre-institution mediation due to the urgent nature of the matter. Furthermore, the plaintiff was granted leave to administer interrogatories upon the defendants, setting a clear path for the commencement of substantive litigation.
Grasim Industries Limited And Anr. v.Omni Cement Private Limited And Anr.
The Delhi High Court issued a comprehensive order in the trademark infringement suit filed by Grasim Industries Limited against Omni Cement Private Limited. The court granted several procedural reliefs, including exemption from pre-institution mediation and permission to file additional pleadings. Crucially, the court directed a Local Commissioner to execute an inventory of goods, seize infringing stock under superdari, and ensure compliance with interim injunction procedures, setting the stage for the substantive dispute over the 'ULTRATECH' trademark.
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