1822 cases · page 12 of 61

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 1, 2024

Apl Apollo Tubes Limited v.M/S Steel Track & Ors.

Delhi High Court · CS(COMM) 488/2023, I.A. 13246/2023

The Delhi High Court granted an ad-interim injunction in favor of Apl Apollo Tubes Limited against M/S Steel Track & Ors. regarding trademark infringement and passing off. The court found that the Defendants' use of 'APOLLO/APOLLO TMT' was deceptively similar to the Plaintiff's established marks, risking irreparable harm to their brand equity. While acknowledging the Plaintiff's delay in filing the suit, the Court issued a comprehensive restraint order covering all marketing and sales activities, though it exempted goods already manufactured by the Defendants.

patent mixed ★ Landmark · Mar 28, 2024

Telefonktiebolaget Lm Ericsson(Publ) v.Lava International Ltd

Delhi High Court · CS(COMM) 65/2016

This Delhi High Court judgment addresses a complex dispute concerning Standard Essential Patents (SEPs) held by Ericsson against Lava International. The court examined the validity, novelty, and inventive step of several patents, while simultaneously determining the scope of infringement and the quantum of damages owed. Ultimately, the judgment affirmed the validity of seven specific patents while directing the revocation process for another patent, alongside awarding substantial damages to Ericsson.

patent plaintiff favorable ★ Landmark · Mar 28, 2024

Telefonktiebolaget Lm Ericsson (Pub) v.Lava International Limited

Delhi High Court · CS(COMM) 65/2016

This Delhi High Court judgment addresses a complex dispute over Standard Essential Patents (SEPs) between Telefonktiebolaget LM Ericsson and Lava International Limited. The court examined the validity, novelty, and inventive step of several patents asserted by Ericsson against Lava. While the suit patent IN 203034 was subject to revocation proceedings, the judgment ultimately affirmed the validity of seven other key patents held by Ericsson. Consequently, the Court passed a decree in favor of Ericsson for substantial damages related to past infringement.

trademark defendant favorable · Mar 22, 2024

Pidilite Industries Ltd. v.Sanjay Jain & Anr

Delhi High Court · C.O. (COMM.IPD-TM) 371/2022

Pidilite Industries Ltd. sought the rectification and cancellation of a respondent's trademark ('POMA-EX KIWKHEAL') under Sections 47 and 57 of the Trade Marks Act, arguing that it was deceptively similar to their well-known mark 'FEVIKWIK'. The Delhi High Court dismissed the petition, holding that Pidilite could not claim a monopoly over the generic element 'KWIK' or its variations. Furthermore, the court noted that the rectification application must stand on its own merits and cannot rely solely on prior injunctions granted in separate infringement suits.

trademark plaintiff favorable · Mar 21, 2024

Sun Pharma Laboratories Limited v.Narender Kumar & Ors.

Delhi High Court · CS(COMM) 424/2021, I.A. 11524/2021 & I.A. 16787/2021

The Delhi High Court upheld the existing interim injunction in favor of Sun Pharma Laboratories Limited against Narender Kumar & Ors. The dispute centered on alleged passing off, where the defendant used the mark 'CAFTADAY' for an eye drop containing the compound ALCAFTADINE, deceptively similar to the plaintiff's mark 'CAFTA'. Despite arguments from the defense regarding generic drug naming conventions and INNs, the Court found that the plaintiff had satisfied the triple test for passing off. Consequently, the injunction was maintained, preventing the defendants from using the impugned mark during the pendency of the suit.

patent plaintiff favorable · Mar 21, 2024

Ht Media Limited & Anr. v.Hindustan News Network & Ors.

Delhi High Court · CS(COMM) 681/2023

The Delhi High Court granted an ex-parte ad-interim injunction in favor of Ht Media Limited against Hindustan News Network. The court found that the defendant was attempting to pass off its news channel and name as being connected with the long-established 'HINDUSTAN' mark owned by the plaintiff. Consequently, the defendants were restrained from using the infringing mark and logo, and orders were issued compelling domain registrars (GoDaddy) and tech platforms (Google/Meta) to suspend the infringing website and take down related content.

patent plaintiff favorable · Mar 21, 2024

Visakha Chemicals v.Bindal Food Products

Delhi High Court · CS(COMM) 1614/2016

The Delhi High Court ruled in favor of Visakha Chemicals against Bindal Food Products for trademark infringement and passing off related to Ayurvedic products. The Plaintiff successfully demonstrated prior usage and established significant goodwill for their trademarks 'ROCHAK' and 'AM PACHAN,' as well as the associated trade dress/packaging, which were deceptively copied by the Defendant. Consequently, the court granted a permanent injunction restraining the Defendant from using these marks and awarded nominal damages.

patent defendant favorable ★ Landmark · Mar 18, 2024

Sulphur Mills Limited v.Dharmaj Crop Guard Limited & Anr.

Delhi High Court · CS(COMM) 1225/2018 & connected matters

Sulphur Mills Limited sought an interlocutory injunction against several defendants, alleging infringement of its Indian Patent IN 282429 for a 'Novel Agricultural Composition.' The plaintiff argued that their composition offered significant advantages over existing fertilizers, such as faster sulphate conversion and compatibility with modern irrigation. However, the court found that the defendants had successfully established a credible challenge to the patent's validity on the grounds of obviousness based on extensive prior art.

patent plaintiff favorable · Mar 13, 2024

Bayer Pharm Aktiengesellschaft v.The Controller General Of Patents And Designs

Delhi High Court · C.A.(COMM.IPD-PAT) 255/2022

Bayer appealed the refusal of its patent application (No. 5818/DELNP/2006), which was rejected on grounds that the composition did not meet criteria under Sections 3(e) and 3(i) of the Patents Act, 1970. The High Court found that the Controller failed to adhere to principles of natural justice by not clearly communicating all objections in the hearing notice, and ruled that the claimed composition was patentable.

trademark plaintiff favorable · Mar 11, 2024

Gm Modular Pvt Ltd. v.Mayur Electromeck Pvt Ltd.

Delhi High Court · C.O. (COMM.IPD-TM) 276/2022

The Delhi High Court allowed the rectification petition filed by Gm Modular Pvt Ltd., successfully challenging the registration of a similar mark held by Mayur Electromeck Pvt Ltd. The court found that the Impugned Mark was not genuinely used in commerce, despite the respondent's claims. Based on the lack of substantial evidence of use and potential confusion with the established 'GM' brand, the High Court ordered the cancellation of the infringing trademark registration.

patent plaintiff favorable · Mar 5, 2024

SNPC Machines Private Limited & Ors. v.Mr Vishal Choudhary

Delhi High Court · CS(COMM) 431/2023

The plaintiffs, SNPC Machines Private Limited & Ors., filed an application seeking a permanent injunction against Mr. Vishal Choudhary for allegedly manufacturing and selling similar brick making machines that infringe on their patents (Nos. 353483, 359114, etc.) and copyrights in technical literature. The court found that the plaintiffs had made out a prima facie case of infringement.

patent mixed · Mar 4, 2024

Swiss Bike Vertriebs Gmbh Subsidiary Of Accell Group v.Reliance Brands Limited (Rbl)

Delhi High Court · CS(COMM) 25/2023

The Delhi High Court addressed preliminary objections and the merits of a trademark infringement suit filed by Swiss Bike Vertriebs Gmbh against Reliance Brands Limited. The plaintiff alleges that the defendant's use of 'RALLEYZ' is confusingly similar to its registered mark 'RALEIGH' on identical goods (bicycles). While dismissing initial procedural challenges, the court directed both parties to file detailed affidavits and pleadings regarding the core issues of similarity and prior usage, setting the stage for further substantive hearings.

patent defendant favorable · Mar 1, 2024

Audertec Solutions Llp v.Controller General Of Patents, Designs And Trade Marks & Anr.

Delhi High Court · C.A.(COMM.IPD-PAT) 3/2021

Audertec Solutions LLP appealed the rejection of its patent application concerning 'a method and system for detecting road anomalies.' The Controller rejected the application, primarily citing a lack of inventive step compared to prior art D-2. The Delhi High Court was tasked with determining if the distinguishing features of the invention would be obvious to a person skilled in the art based on the disclosures in D-2. Ultimately, the court found no reason to differ from the Assistant Controller's decision.

patent plaintiff favorable · Mar 1, 2024

Kudos Pharmaceuticals Limited v.Natco Pharma Limited

Delhi High Court · CS(COMM) 29/2023

Kudos Pharmaceuticals Limited, the registered proprietor of Indian Patent IN 228720 for 'Phthalazinone derivative' (Olaparib), filed a suit against Natco Pharma Limited alleging infringement due to Natco manufacturing and selling its generic version under the brand name BRACANAT. Kudos sought a permanent injunction, and subsequently an interlocutory injunction.

patent plaintiff favorable · Mar 1, 2024

Kudos Pharmaceuticals Limited v.Natco Pharma Limited

Delhi High Court · CS(COMM) 29/2023

Kudos Pharmaceuticals, the registered proprietor of Patent IN 228720 for 'Phthalazinone derivative' (Olaparib), filed a suit against Natco Pharma Limited alleging infringement due to Natco manufacturing and selling its generic version under the brand name BRACANAT. Kudos sought a permanent injunction, which was supported by an interlocutory injunction application.

patent defendant favorable · Feb 29, 2024

Maj. Pankaj Rai v.M/S Niit Ltd.

Delhi High Court · O.M.P. (COMM) 55/2024

Maj. Pankaj Rai challenged an Arbitral Award dated 19.10.2023, which rejected his claims against M/S Niit Ltd. The dispute arose from a License Agreement (dated 30.12.2015) allowing the petitioner to set up an education center using NIIT's intellectual property. The High Court dismissed the petition, upholding the Arbitral Award.

patent mixed · Feb 21, 2024

Mehboob Ahmad v.Muneer Ahmad & Anr.

Delhi High Court · LPA 88/2024

The Delhi High Court addressed an appeal concerning the rejection of a device mark application for painting brushes. While the court upheld the finding that the mark was registrable (i.e., it had distinctive character), it noted that the initial Examiner's order failed to address objections under Section 11(1) regarding similarity with earlier marks. Consequently, the High Court disposed of the appeal by remitting the matter back to the Examiner, directing them to proceed only on the grounds of Section 11(1) and allowing the registration process to continue.

trademark plaintiff favorable · Feb 15, 2024

A.K. Al Muhaidib And Sons v.Chaman Lal Sachdeva And Anr.

Delhi High Court · C.O. (COMM.IPD-TM) 90/2021

The Delhi High Court allowed a petition filed under Section 47 of the Trade Marks Act, removing the mark 'AL-WALIMAH' (TM No. 523217) from the register. The petitioner successfully argued that the respondent had failed to demonstrate bona fide use of the trademark in relation to goods in Class 30 for a continuous period of five years. Given the lack of evidence of genuine commercial use, the court ruled in favor of the petitioner, directing the removal of the mark.

patent In favor of Plaintiff · Feb 13, 2024

Nokia Technologies Oy v.Vivo Mobile Communication Co Ltd

Delhi High Court · CS(COMM) 171/2022; I.A. 3474/2024

Nokia Technologies OY filed a patent infringement suit against Vivo Mobile Communication Co Ltd and others, claiming infringement of their patent related to mobile telecommunications. The case involved multiple hearings and ultimately led to a settlement agreement between the parties.

patent settled · Feb 13, 2024

Nokia Technologies Oy v.Guangdong Oppo Mobile Telecommunications Corp Ltd & Ors.

Delhi High Court · CS(COMM) 303/2021

Nokia Technologies Oy filed a patent infringement suit against Guangdong Oppo Mobile Telecommunications Corp Ltd and others, asserting that three of its Standard Essential Patents (SEPs) were being infringed by the Defendants' mobile phones. After extensive hearings regarding infringement, validity, essentiality, and FRAND compliance, the parties reached a settlement agreement.

patent remanded · Feb 9, 2024

Man Truck Bus Se v.Assistant Controller Of Patents Designs

Delhi High Court · C.A.(COMM.IPD-PAT) 16/2022

The appellant, a commercial vehicle manufacturer, appealed the Assistant Controller's decision rejecting its patent application. The appeal argued that the Controller ignored foreign patents filed by the appellant and violated natural justice by relying on prior art (D5) during the hearing which was never included in the initial notice.

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