Delhi High Court
1664 cases · page 13 of 56
Showing 361–389BSA Business Software Alliance, Inc. v.Tube Investments Of India Limited & Anr.
The Delhi High Court resolved a trademark dispute between BSA Business Software Alliance and Tube Investments of India Limited regarding the use of the mark 'BSA'. The court mandated that both parties agree on clear delineations of services to prevent conflict. Following this agreement, the appeals were disposed of, allowing BSA to register its mark in specific, restricted classes related to software promotion and education (Classes 16, 35, 41, 42). Crucially, the court also ensured that the Respondent's right to seek a declaration as a well-known mark for their goods in Class 12 remains unaffected.
Bennet, Coleman And Company Limited v.Fashion One Television Llc and The Registrar of Trademarks
The Delhi High Court ruled in favor of Bennet, Coleman And Company Limited, quashing the trademark registrations held by Fashion One Television Llc. The court found that the respondent's mark infringed upon the petitioner's established 'NOW'-centric family of marks (such as TIMES NOW and ET NOW) because both operate within the same Class 38 for broadcasting services. The judgment emphasized that a viewer would likely associate the impugned mark with the petitioner’s repertoire, establishing a subsisting interest in the common element 'NOW'.
V Guard Industries Ltd v.Ms Mahavir Home Appliances And Anr. & Anr.
The dispute concerning the registered design for ceiling fans was amicably resolved by both parties. The Defendants recognized the Plaintiff's exclusive rights and agreed to cease production/distribution of similar designs, while also undertaking to withdraw pending cancellation petitions against the design. However, the court noted a separate legal issue regarding the refund of court fees in private settlements.
Freebit As v.Exotic Mile Private Limited
Freebit AS filed a suit seeking an injunction against Exotic Mile Private Limited regarding its granted patent, IN 276748, for an 'Improved Earpiece'. The Defendant challenged the validity of this patent by presenting evidence that corresponding foreign patents had been invalidated or refused in several jurisdictions, including based on lack of novelty.
Quantum University v.International Quantum University For Integrative Medicine Inc
This case involved a challenge by Quantum University against an arbitration award that directed the cancellation of its domain name (www.quantumuniversity.edu.in). The respondent, International Quantum University For Integrative Medicine Inc., had successfully argued that the petitioner's domain was confusingly similar to their prior formative domain names (e.g., quantumuniversity.com). The Delhi High Court examined this challenge under Section 34 of the Arbitration and Conciliation Act, 1996, ultimately upholding the original award.
Rishabh Jain v.The Registrar Of Trade Marks
The Delhi High Court addressed the petition filed by Rishabh Jain against The Registrar of Trade Marks. Despite multiple notices and previous hearings, key procedural steps remained incomplete, notably the service report and the required affidavit from the Respondent regarding notice of opposition. Consequently, the court directed the petitioner's counsel to inform the opponent of the orders and scheduled the matter for July 5, 2022, pending the filing of the necessary affidavit.
Joseph Taheny v.Tektronix Inc.
Joseph Taheny challenged an arbitral award that directed him to transfer the domain name 'tek.in' to Tektronix Inc., arguing that his registration predated the respondent's trademark filing. The petitioner contended that the domain was registered as a generic Turkish term and not in bad faith. However, the Delhi High Court dismissed the petition, finding no infirmity in the arbitral award. The court upheld the transfer, emphasizing that the complainant only needed to be a registered proprietor of the mark for the INDRP rules to apply.
Institute Of Directors v.Worlddevcorp Technology And Business Solutions Pvt Ltd & Ors.
The Delhi High Court dismissed the plaintiff's application for an interim injunction, ruling against the use of 'Directors' Institute' by the defendants. The court held that because the plaintiff previously represented to the Trademark Registry that its device mark contained common English words and was descriptive, it could not claim exclusivity over those words. Furthermore, the court found that the plaintiff failed in its duty of fair disclosure by suppressing this prior representation, thereby disentitling it from equitable relief.
Harbans Lal Wadhwa Trading As Uttam Chemicals v.Subhash Chand Trading As Subhash Chand And Sons & Anr.
The Delhi High Court initiated proceedings regarding the cancellation of a registered trademark ('UTTAM') held by the Respondent. The Petitioner, claiming prior use since 1999 for various cleaning products, sought cancellation based on their earlier market presence. Recognizing that the dispute required detailed proof of goodwill and sales figures beyond mere pleadings, the court framed specific issues and directed both parties to file lists of witnesses and lead evidence.
Paul Components Private Limited v.Hi Tech Arai Private Limited
This matter before the Delhi High Court concerned an application by Paul Components Private Limited seeking permission to inspect the original, unredacted versions of technical drawings filed by Hi Tech Arai Private Limited. The defendant had initially placed redacted copies on record, citing that the removed portions contained commercially sensitive trade secrets related to manufacturing specifications. Despite the plaintiff's initial 'no objection' to the redactions, the court rejected the application, holding that once a party agrees to documents being placed on record in a redacted format due to confidentiality concerns, they are not entitled to inspect the unredacted originals.
Emerson Process Mangement Power And Water Solutions Inc v.Controller Of Patents
Emerson Process Management filed appeals challenging the rejection of its patent applications (Nos. 1253/DEL/2006 and 4197/DEL/2015) relating to computer software. The court noted that the main ground for rejection—the lack of novelty and inventiveness in associated hardware—no longer aligns with current Patent Office guidelines.
Emerson Process Management Power And Water Solutions Inc v.Deputy Controller Of Patents And Designs
Emerson Process Management appealed the rejection of its patent applications (Nos. 1253/DEL/2006 and 4197/DEL/2015) for computer software patents. The court noted that the main ground for rejection—the novelty and inventiveness of associated hardware—no longer applied under current Patent Office guidelines.
Procter And Gamble Company v.Controller Of Patents And Designs
Procter & Gamble challenged the Controller's order refusing its 'Detergent Compositions' patent application due to lack of inventive step. The appeal argued that the rejection was arbitrary, citing a four-year delay in processing and the Patent Office failing to grant adequate time for responding to objections raised under Section 8(2) of the Patents Act. The Delhi High Court agreed with the appellant, finding the process contrary to natural justice and statutory timelines.
M/S Ralson (India) Limited v.Shri. Surinder Singla
The Delhi High Court dismissed M/s Ralson's appeal challenging the Trade Marks Registry's decision to dismiss their opposition against the 'RANCHO' trademark. The core issue revolved around whether service of documents via email constituted valid notice, especially when no explicit email ID was provided in the initial opposition filing. The court held that while general rules allow for electronic service, specific statutory requirements must be met, distinguishing this case from prior precedents. However, recognizing Ralson's substantive claims, the Court granted them liberty to file a cancellation petition against the registered mark.
Ralson India Limited v.Sham Lal M/S Ramesh Lal And Sons And Anr.
The Delhi High Court dismissed the appeal filed by Ralson India Limited against the Trade Marks Registry's decision that had allowed the registration of 'R RALSON'. The core issue revolved around whether service of documents via email, facilitated through an agent's filing (Form TM-M), constituted valid service under the Trade Marks Act. The Court held that while general court practice allows for email service, in this specific trade mark opposition context, the validity of service depended on clear provisions within the application or notice itself; however, it granted Ralson liberty to pursue a cancellation petition based on the mark's registered status.
Gsp Crop Science Pvt Ltd v.Jai Farm Chemicals Pvt Ltd
The dispute between Gsp Crop Science Pvt Ltd (Plaintiff) and Jai Farm Chemicals Pvt Ltd (Defendant) regarding infringement of Indian Patent 394568 was settled. The Defendant acknowledged the Plaintiff's exclusive rights in the patented formulation and undertook not to infringe the patent during its lifetime.
Havells India Limited v.Polycab India Limited
Havells India Limited filed a suit alleging design piracy against Polycab India Limited concerning three registered designs for ceiling fans. The core dispute revolved around whether the defendant's ELANZA and ELEGANZ PLUS ranges infringed the plaintiff's 2016, 2021, and 2022 designs. The court examined the specific features of each design, particularly focusing on surface patterns and overall configuration. The judgment found that while the injunction against Polycab's ELANZA range regarding the 2016 design was maintained, the claims concerning the 2021 and 2022 designs were dismissed. The court concluded that the defendant failed to establish a prima facie case of piracy for these latter two designs due to marked differences in their surface patterns.
International Foodstuffs Co. Llc v.Vijay Kumar Mittal And Pawan Kumar And ...
The dispute between International Foodstuffs Co. Llc and Vijay Kumar Mittal was resolved through mediation before the Delhi High Court. The parties entered into a comprehensive settlement agreement, acknowledging each other's proprietary rights in the trademark 'ALLEGRO' across different product categories and jurisdictions. This resolution required both parties to withdraw existing legal actions and abide by specific usage restrictions for the mark.
Yuvi Aspiring Pvt. Ltd. v.Manish Sharma And Anr
The Delhi High Court formally accepted a tripartite Memorandum of Understanding (MoU) between Yuvi Aspiring Pvt. Ltd., Manish Sharma, and Unifique Hospitality International Pvt. Ltd. The court decreed the suit based on this settlement, which involved the transfer of the registered trademark 'The Drunken Botanist' from Manish Sharma to the third party for a consideration of Rs. 5,00,000/-. Crucially, the settlement also included a waiver by the first party of all future claims related to the trademark.
Indarmal M Solanki v.Rakesh Gupta And Anr
The Delhi High Court granted a rectification petition filed by Indarmal M Solanki against Rakesh Gupta, leading to the cancellation of the contested trademark 'EL PASO'. The court found that the impugned mark was identical to the Petitioner's prior registered and used marks for readymade garments (Class 25). Furthermore, the Respondent failed to renew the registration since April 2017, making it liable for removal under Section 47 of the Trade Marks Act. Consequently, the court ordered the cancellation and deletion of the mark from the register.
Himalayan Heli Services Private Limited v.Himachal Helicopter Skiing Pty Ltd
The Delhi High Court addressed a complex dispute involving the cancellation of a trademark registration (No. 1523434) held by Himachal Helicopter Skiing Pty Ltd, which was sought by Himalayan Heli Services Private Limited. Given the extensive overlap between the ongoing cancellation petition and an older passing-off suit, the court directed that both cases be consolidated for trial. This strategic move aims to streamline the litigation process, ensuring a unified determination of who holds the rightful rights in the 'Himalayan Heli Services' mark.
Bolt Technology Ou v.Ujoy Technology Private Limited & Anr.
The Delhi High Court found the defendants guilty of contumacious and willful disobedience regarding a previous court order dated November 23, 2022. The original order had clearly prohibited the defendants from using their standalone mark 'BOLT' and an earlier logo, allowing only for future expansion under a modified mark ('BOLT.EARTH'). Despite this categorical direction, the defendants continued to use the proscribed marks. Consequently, the court held them in contempt and scheduled a hearing to determine the appropriate sentence.
Yashoda Hospital And Research Center Limited v.Yashoda Super Specialty Hospital And Anr
The Delhi High Court allowed a review petition filed by Yashoda Hospital And Research Center Limited against an order from the Intellectual Property Appellate Board (IPAB). The IPAB had previously allowed a rectification petition, effectively invalidating the petitioner's registered trademark. The court found that the original order violated the principles of natural justice because service of notice was not properly effected on the petitioner. Consequently, the High Court quashed the impugned order and directed that the rectification petition be heard afresh before the Intellectual Property Division (IPD) of the Court.
Burger King Company Llc v.Ranjan Gupta & Ors.
The Delhi High Court affirmed the strong standing of Burger King Company LLC, declaring its trademark 'BURGER KING' to be well-known in India. The court relied on extensive global usage, massive promotional investment, and local market presence (over 400 outlets) to establish secondary meaning. This ruling significantly strengthens the brand's protection against unauthorized use by defendants operating under similar names like 'Burger King Family Restaurant'.
Burger King Company Llc v.Virendra Kumar Gupta & Anr.
The Delhi High Court affirmed the strong protection afforded to the 'BURGER KING' trademark, declaring it a well-known mark under the Trade Marks Act. The court relied on Burger King's extensive global presence, long history (since 1954), massive promotional spending, and established secondary meaning in India. This judgment reinforces that globally recognized brands can secure enhanced legal protection against unauthorized use by local operators.
Nripendra Kashyap Esco Corporation v.Asstt. Controller Of Patents And Designs
Nripendra Kashyap Esco Corporation appealed the Assistant Controller's order rejecting its divisional patent application (737/DELNP/2009) for a wear assembly. The rejection was based on lack of distinct invention and inventive step. The High Court quashed the rejection, holding that objections must be restricted to those provided in writing, and remanded the application for fresh consideration.
M/S Malhotra Book Depot v.M/S Mbd Industries And Anr.
Malhotra Book Depot filed a suit against Mbd Industries, alleging trademark infringement and passing off due to the Defendant's use of the deceptively similar mark 'MBD' for non-metallic building materials. The Plaintiff held multiple registrations for 'MBD' across various classes related to publishing. During mediation, the parties agreed that the Defendants would change their mark to 'JMVD'. Consequently, the court disposed of all pending interim injunction applications, allowing the Defendants to continue operating under the new mark.
Ischemix Llc v.The Controller Of Patents
Ischemix LLC appealed a refusal of its patent application, which covered an isomer used to treat ischemia. The refusal was based on Section 3(d) of the Patents Act, 1970, requiring demonstration of 'enhanced therapeutic efficacy.' The court acknowledged the strict interpretation required by law but noted that the Patent Office had failed to consider various supporting data provided by the applicant. Consequently, the High Court directed the record back to the Patent Office for re-examination and final adjudication within a stipulated timeframe.
Perfetti Van Melle S.P.A v.M.G Products / M.G Food Product
Perfetti Van Melle S.P.A filed a cancellation petition seeking rectification of a specific copyright registration (A-79261/2007) held by M.G. Products. The court examined the matter in light of a prior civil suit that had been decreed based on a settlement agreement dated October 31, 2012. This settlement explicitly included the Respondent's agreement to cancel the impugned copyright registration. Consequently, the Delhi High Court directed the cancellation and expungement of the registration from the Register of Copyrights.
Bennett, Coleman And Company Limited v.E1 Entertainment Television , Llc Anr
The Delhi High Court allowed the respondent's applications seeking to introduce a specific YouTube video into the rectification proceedings. The respondent argued that this video was crucial evidence supporting their claim of continuous use of the mark since the early 1990s, which directly counters the petitioner's request for trademark cancellation/rectification. The court ruled that since the link had been previously cited in the written statement, the video clip was not an 'additional document,' thereby allowing its admission to ensure a fair trial.
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