Delhi High Court
1680 cases · page 10 of 56
Showing 271–299Master Arnesh Shaw v.Union Of India And Ors.
The petition concerns the cumbersome and long-drawn process for procuring specialized medicines for DMD patients on a patient-by-patient basis. The court directed M/s. Sarepta Therapeutics to place on record its general bulk procurement process and provide details of all granted patents and patent applications in India related to these medicines.
Lakshay Agarwal v.Union Of India & Anr.
The petitioner raised concerns regarding the extremely cumbersome and long-drawn process for procuring specialized medicines on a patient-to-patient basis. The court directed M/s. Sarepta Therapeutics to place on record the general bulk procurement process and provide details of all its granted patents and patent applications filed in India concerning DMD medicines.
Bry-Air (Asia) Pvt. Ltd. v.Union Of India, Through Its Secretary, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry & Anr.
Bry-Air (Asia) Pvt. Ltd. challenged the status update issued by the Union of India, which deemed its patent application withdrawn under Section 11B(4) due to non-filing of a request for examination. The petitioner argued that this failure was solely attributable to the negligence of their erstwhile Patent Agent and not due to any fault or lack of intent on their part. Citing previous judgments where courts extended time in such circumstances, the Delhi High Court allowed the petition. Consequently, the court quashed the deemed withdrawal status and directed the Indian Patent Office to restore the application and allow the petitioner a chance to proceed with examination.
Biotyx Medical (Shenzhen) Co. Ltd v.The Assistant Controller Of Patents And Designs
Biotyx Medical challenged the refusal of its patent application for an absorbable iron-based alloy implantable medical device. The Controller had rejected the application citing lack of novelty and inventive step under the Patent Act, 1970. The Delhi High Court found that the impugned order lacked sufficient scientific reasoning and proper methodology in adjudicating the invention's merits. Consequently, the court set aside the rejection order and remanded the application back to the Controller for a detailed assessment of the inventive step.
Interdigital Technology Corporation v.Guangdong Oppo Mobile Telecommunications Corp. Ltd.
The application sought clarification on the extent to which Interdigital's Patent Licensing Agreements (PLAs) should be disclosed to the in-house employees of Guangdong Oppo Mobile, who are part of the Confidentiality Club. The court ruled that both parties must follow a consistent disclosure model, directing that all seven PLAs held by the plaintiffs and the full Qualcomm agreement held by the defendants must be shown to all members of the Confidentiality Club.
Interdigital Technology Corporation & Ors. v.Guangdong Oppo Mobile Telecommunications Corp. Ltd. & Ors.
The application sought clarification on the extent to which Interdigital's Patent Licensing Agreements (PLAs) should be disclosed to the in-house employees of Guangdong Oppo Mobile, who are part of a Confidentiality Club. The court ruled that both parties must follow a reciprocal disclosure model, requiring full access to PLAs for all members of the Confidentiality Club.
Jumeirah Beach Resort Llc v.Designarch Consultants Private Ltd
This Delhi High Court judgment resolves a complex trademark dispute between Jumeirah Beach Resort LLC and Designarch Consultants Private Ltd through a comprehensive settlement. The parties mutually agreed to acknowledge each other's core trademarks, such as 'BURJ AL ARAB' and 'BURJNOIDA'. Crucially, the agreement mandates the withdrawal of numerous pending cancellation petitions and oppositions filed by both sides, effectively clearing the path for continued use while establishing clear boundaries on brand usage.
Designarch Consultants Pvt Ltd And Anr v.Jumeirah Beach Resort Llc
The Delhi High Court disposed of cross-appeals between Designarch Consultants and Jumeirah Beach Resort LLC based on a comprehensive settlement agreement reached by both parties. The settlement mandates that Designarch must cease using certain 'BURJ' formative marks (other than BURJNOIDA) and refrain from designing buildings resembling Jumeirah’s pictorial references. In return, Jumeirah agrees to withdraw several cancellation petitions filed against Designarch's trademarks, while Designarch acknowledges Jumeirah's ownership of its key brands.
Modern Mold Plast Pvt. Ltd. v.Flipkart Internet Pt. Ltd.
This Delhi High Court judgment addressed a suit filed by Modern Mold Plast Pvt. Ltd. against Flipkart Internet Pt. Ltd., alleging trademark infringement, passing off, and copyright violation related to their 'MAHARAJA' brand. The core issue was unauthorized sellers latching onto the plaintiffs' product listings on the e-commerce platform, using the plaintiff's trademark in invoices. While the suit was ultimately disposed of without a final judgment on damages, the Court issued critical mandatory directions compelling Flipkart to actively prevent this practice and immediately disable the 'latching-on' feature upon notification from the plaintiffs.
Koteshwar Chemfood Industries Pvt. Ltd. v.Sachdeva And Sons Industres Pvt. Ltd.
The Delhi High Court granted rectification in favor of the petitioner, Koteshwar Chemfood Industries Pvt. Ltd., regarding the disputed trademark 'PRIME'. The court found that the respondent's registration for 'PRIME' should be limited to rice and allied goods, specifically deleting salt and spices from its scope. This decision was based on the petitioner's long-standing use of the mark in Class 30 (iodized salt) since 1995, establishing prior goodwill and preventing consumer confusion.
Axcess Limited v.Controller Of Patents And Designs
Axcess Limited appealed the Controller's refusal of its Indian Patent Application (No. 2427/DELNP/2011), which covered bile acids and biguanides as protease inhibitors for gut peptides. The Controller had rejected the application under Section 59(1) of the Patent Act, arguing that the amendments exceeded the original scope. However, the Delhi High Court found that a detailed examination of the complete specification supported the amended claims regarding composition as a product. Consequently, the court set aside the rejection and remanded the matter back to the Controller for fresh consideration.
Blackberry Limited v.Assistant Controller Of Patents And Designs
Blackberry Limited appealed a rejection of its patent application, "Administration of Wireless Systems," which was initially objected to on grounds including lack of inventive step and subject matter eligibility under Section 3(k) of the Patents Act. The Delhi High Court examined whether the invention provided a sufficient technical contribution beyond mere algorithmic processes. Ultimately, the court found that the core functionality relied heavily on conditional logic and procedural steps, classifying it as an algorithmic process excluded by law.
Blackberry Limited v.Controller Of Patents And Designs
Blackberry Limited appealed a refusal by the Controller of Patents and Designs regarding its patent application titled 'Auto-Selection of Media Files.' The core dispute centered on whether the claimed method for automatically selecting media files based on user preference (confidence level) was non-patentable under Section 3(k). The Delhi High Court ultimately allowed the appeal, directing that the patent be proceeded for grant as amended.
Nippon Steel Corporation v.Controller General Of Patents, Designs & Trademarks & Anr.
Nippon Steel Corporation appealed a decision by the Controller General of Patents which refused its patent application for a gas flue repair method and device under Section 3(d) of the Patent Act. The appellant argued that the rejection was arbitrary and violated principles of natural justice because the specific objection (Section 3(d)) was not clearly communicated in the initial hearing notice. The Delhi High Court agreed, finding the impugned order unsustainable due to lack of sufficient reasons. Consequently, the court set aside the refusal and remanded the matter for fresh consideration, mandating a clear delineation of all objections before granting a new hearing.
Bristol-Myers Squibb Holdings Ireland v.Km Swarnalatha & Ors.
Bristol-Myers Squibb Holdings Ireland filed a suit seeking permanent injunction against infringement of Indian Patent No. IN 203937, which covers dasatinib. The court examined the connection between various defendants involved in manufacturing and marketing the drug. Ultimately, the court found that Defendant No. 7 had launched the impugned product under the brand name DASA SPL without appearing before the court. Consequently, the suit was decreed against the parties based on these findings.
Hyundai Motor India Limited v.Aaa Teleshoping Pvt Ltd
The Delhi High Court granted a rectification petition filed by Hyundai Motor India Limited, leading to the cancellation of a similar trademark registration held by Aaa Teleshoping Pvt Ltd. The court found that the respondent's mark was identical and confusingly similar to Hyundai’s prior and extensively used 'ELANTRA' brand in the automotive sector. This ruling reinforces the principle that prior adoption and continuous use grant exclusive rights, even when goods are in different classes but related.
Kawakami, Shigeki & Ors. v.Assistant Controller Of Patents And Designs
The appellants challenged the Assistant Controller's order rejecting their patent application. The core issue was that the rejection was based on a ground (lack of novelty) which was not included in the initial hearing notice, violating the Principles of Natural Justice. The Court found that since the applicant was deprived of the opportunity to address this specific objection, the impugned order suffered from procedural irregularities.
Madhu Food Products v.Surya Processed Food Pvt. Ltd.
The Delhi High Court dismissed the appeal filed by Madhu Food Products, upholding the Commercial Court's initial order favoring Surya Processed Food Pvt. Ltd. The dispute centered on alleged trademark infringement and passing off concerning food products under the marks 'HUNK' and 'HUNT'. The court found prima facie evidence that the appellant copied the respondent's distinctive trade dress and packaging, concluding that the use of 'HUNT' was intended to take advantage of the respondent's established goodwill. This judgment reinforces the importance of protecting brand identity through both trademark registration and distinct visual presentation.
Shri Rajesh Chugh v.Mehruddin Ansari & Anr.
The Delhi High Court allowed a petition filed by Shri Rajesh Chugh against Mehruddin Ansari & Anr., directing the cancellation of the rival trademark ANDAAZ-E-NIZAAM. The court accepted the respondent's admission that the mark had been abandoned due to non-use, despite its initial similarity to the petitioner's established brand NIZAM'S. This ruling underscores the importance of continuous use and good faith in maintaining a registered trademark.
M/S. Ganesh Gouri Industries And Ors v.R. C. Plasto Tanks And Pipes Pvt. Ltd.
The Delhi High Court set aside an earlier Commercial Court order that had restrained M/S. Ganesh Gouri Industries (Appellants) from using its trademark and trade dress, 'AQUA PLAST'. The court found that the trial court erred in concluding that the competing marks were deceptively similar merely by comparing parts of the devices. Instead, the High Court emphasized that a comprehensive review of the overall commercial impression of the marks is necessary when assessing infringement, thereby favoring Ganesh Gouri's right to use its label.
Charles And Keith International Pte Ltd v.Ambud Sharma & Anr.
The Delhi High Court ruled in favor of the fashion house Charles And Keith, directing the cancellation of a similar trademark registration held by the respondent. The petitioner successfully argued that its established brand 'CHARLES & KEITH' and abbreviation 'C&K' was well-known and used extensively across various classes, including Class 09 for masks. Given the similarity and the petitioner's prior use, the Court cancelled the respondent's mark in Class 09, despite it being filed on a 'proposed to be used' basis.
Elanco Tiergesundheit Ag v.The Assistant Controller Of Patents And Designs
The appellant challenged the refusal of their patent application, which claimed a method for generating live vaccines. The Delhi High Court found that the impugned order was merely a reproduction of the hearing notice and lacked independent reasoning or application of mind to the appellant's submissions. Consequently, the court set aside the rejection and remanded the matter for fresh consideration.
Ab Initio Technology Llc v.Assistant Controller Of Patents And Designs / The Controller of Patents
Ab Initio Technology Llc challenged the rejection of its patent applications, which were initially denied on grounds that the subject matter was merely a computer program per se or algorithm (Section 3(k)). The appellant argued that their data processing method provided a 'technical effect' by improving resource efficiency. The Delhi High Court allowed the appeals to the extent that the objections under Section 3(k) and Section 16(1) were found not tenable, setting aside those impugned orders. However, the court remanded the matter back to the Controller for fresh examination regarding inventive step (Section 2(1)(ja)).
Star Scientific Limited v.The Controller Of Patents And Designs
Star Scientific Limited appealed the Controller's order refusing the grant of a patent (Application No. 202017011947) for Catalytic Combustion. The appellant argued that the refusal was flawed because it failed to consider their detailed responses and amendments, and that non-attendance at the hearing was not abandonment due to financial difficulties. The High Court set aside the impugned order and remanded the matter for fresh consideration.
Irvinder Laur Chadha v.Garnish Electronics Pvt Ltd And Anr.
The Delhi High Court addressed a rectification petition filed to remove the trademark 'GARNISH'. The court found that the registration had expired on June 4, 2022. Since the statutory grace period for restoration and renewal under Section 25(4) of the Trade Marks Act, 1999, and Rule 60 of the Trade Marks Rules, 2017, had lapsed in 2023, the court directed the Registry to remove the mark. This decision underscores the strict adherence required to maintain trademark registrations.
Vishal Choudhary v.Snpc Machines Private Limited
Vishal Choudhary appealed an order that restrained him from manufacturing and selling brick making machines due to alleged patent and copyright infringement. The High Court reviewed the matter, including a local commissioner's report confirming the availability of eight such machines.
Gujarat Cooperative Milk Marketing Federation Limited & Anr. v.Smt Krishnaben Dipesh Gol & Ors.
The Delhi High Court granted a significant victory to Gujarat Cooperative Milk Marketing Federation Limited, directing the cancellation of a deceptively similar 'AMUL' trademark registered by the respondents in Class-06. The court recognized AMUL as a well-known trademark entitled to high protection across classes, thereby preventing unauthorized use and protecting the brand's integrity. This ruling reinforces the robust legal standing of established national brands against subsequent registrations.
Emami Ltd. v.Dabur India Ltd.
The Delhi High Court addressed a petition filed by Emami Ltd. seeking the rectification and removal of the trademark 'CHYAWANPRASAD' registered in favor of Dabur India Ltd. The petitioner argued that the respondent was not using the mark, engaging in what they termed 'ghost registration.' Although the respondent initially conceded non-use, the court directed Dabur to immediately initiate the process for cancellation of the mark from the Trade Mark Registry, effectively favoring Emami's claim regarding the mark's validity and use.
Loreal India Pvt Ltd v.Rajesh Kumar Taneja Trading As Innovative Derma Care and Anr
The Delhi High Court dismissed an appeal filed by Loreal India Pvt Ltd seeking the cancellation of the trademark 'CLARIWASH' registered in favor of Rajesh Kumar Taneja. Loreal argued that its predecessor used formative marks like 'CLARI-FI' and 'CLARIMOIST' prior to the registration, claiming deceptive similarity and prior use. However, the Court found no grounds to interfere with the original judgment, noting that the application was filed over 14 years ago and procedural errors alone were insufficient basis for cancellation.
Modi Paints And Varnish Works v.Sanjay Gupta And Anr.
The Delhi High Court granted a petition for the rectification and removal of the 'MODI CRYL' trademark. The court found that the trademark, registered in the name of Sanjay Gupta, had lapsed as its renewal was due but never completed after May 21, 2018. Since the mark was no longer subsisting, the petitioner's request for its removal was satisfied.
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