Delhi High Court
1635 cases · page 14 of 55
Showing 391–419Crocs Inc.Usa v.Aquallite India Limited And Anr.
The plaintiff alleged infringement of the design of its footwear, known as the 'CROCS DESIGN'. The design registration was cancelled due to lack of novelty and prior publication.
Bristol-Myers Squibb Holdings Ireland Unlimited Company & Ors. v.Torrent Pharmaceuticals Limited
The dispute concerning the infringement of Patent IN 247381 related to Apixaban was settled through mediation. The settlement agreement required the defendant to confirm it did not distribute 'Apixaban' in India during the patent term and agreed not to challenge its validity.
Bristol Myers Squibb Holdings Ireland Unlimited Company v.Triveni Interchem Private Limited
The dispute involved allegations of patent infringement concerning the drug 'Apixaban'. The parties reached separate settlement agreements with Defendants 1 & 2 and Defendant 3, mediated by the Delhi High Court. The court subsequently decreed the suit based on these terms.
H-D U. S. A., Llc v.Vijaypal Dhayal Owner/ Proprietor Of Red Rose Industries
The Delhi High Court granted an interim injunction in favor of H-D U. S. A., LLC against Vijaypal Dhayal Owner/ Proprietor Of Red Rose Industries. The court found a prima facie case of trademark infringement and passing off because the defendant's mark replicated the plaintiff's registered 'Eagle Logo/ Device mark.' Furthermore, the court dismissed the defendant's preliminary objection regarding the authority to file the suit, confirming that the Power of Attorney granted omnibus powers covering all intellectual property rights. The injunction mandates that the defendant cease dealing in infringing goods pending the final disposal of the suit.
Theobroma Foods Private Limited v.Karan Narula And Ors (Theos Food Pvt. Ltd.)
The Delhi High Court finalized a complex trademark dispute between Theobroma Foods and Theos Food Pvt. Ltd., leading to a comprehensive decree based on an amicable settlement. The judgment clarified the usage rights for both 'THEOBROMA' and 'THEOS' in the confectionery market. Key terms include mutual non-opposition, allowing Theobroma nationwide expansion while restricting Theos to the Delhi-NCR region for its mark use.
The Delhi Public School Society v.Aviral Education Welfare And Cultural Society
This case revolves around a dispute between The Delhi Public School Society (DPSS) and Aviral Education Welfare And Cultural Society (AEWCS) concerning the termination of a Joint Venture Agreement. DPSS had permitted AEWCS to use the 'Delhi Public School' name and logo for its school, but this usage was explicitly limited by the agreement. Upon termination of the JVA, DPSS sought an injunction against AEWCS for continued use of the brand identity. The High Court upheld the lower court's finding that once the agreement ended, AEWCS lost all rights to use the IP, thus constituting infringement and passing off.
Rana Steels v.Ran India Steels Pvt. Ltd.
The Delhi High Court addressed multiple applications filed by Rana Steels concerning the alleged infringement of its registered trademark RANA. The core dispute revolved around the defendant's continued use of similar marks (RANATOR/RAN INDIA) in relation to steel products, despite existing injunction orders. Recognizing the need for factual verification regarding ongoing usage and the disposal of old stock, the Court appointed a Local Commissioner to inspect the premises and examine account books.
Vifor International Ltd. v.Biological E Limited
Vifor International Ltd., the patentee, filed a suit against Biological E Limited regarding alleged infringement of its patent (IN 221536) covering water-soluble iron carbohydrate complexes. The dispute centers on the use and manufacture of FCM for intravenous iron deficiency therapy. Given the impending expiry of the patent tenure in October 2023, the court issued interim directions. These directions mandate that the defendants maintain detailed accounts of their manufacturing and sales of FCM until the patent expires, while simultaneously prohibiting them from using the specific process claimed by Vifor.
Raytheon Company v.Controller General Of Patents And Designs
Raytheon Company appealed the refusal of its patent application, 'Scheduling in a High-Performance Computing System,' which was rejected by the Controller under Section 15 for lack of inventive step and non-patentability (Section 3(k)). The core argument centered on the Controller incorrectly applying outdated Computer Related Invention Guidelines. Raytheon contended that their invention provided a technical solution to HPC scalability issues, specifically reducing job scheduling time. The Delhi High Court allowed the appeal, setting aside the refusal order and directing a fresh examination without mandating novel hardware.
Merck Sharp & Dohme Llc v.Sanjeev Gupta & Ors
The commercial suit for patent infringement (CS(COMM) 823/2018) between Merck Sharp & Dohme Llc and Sanjeev Gupta & Ors was settled. The parties agreed that the suit would be decreed in favor of the Plaintiffs, acknowledging the validity of Patent IN'816 and the Defendants' infringing activities.
M/S Vajiram & Ravi Ias Study Centre Llp v.M/S Vajirao & Reddy Institute Pvt. Ltd.
The Delhi High Court dismissed the plaintiff's application for an interim injunction against passing off. The dispute involved two coaching institutes, 'Vajiram & Ravi' and 'Vajirao & Reddy,' both using names rooted in proper nouns. Despite the plaintiff claiming prior use and phonetic similarity between 'VAJIRAM' and 'VAJIRAO', the court found that the plaintiff failed to demonstrate irreparable harm or a strong likelihood of confusion at this preliminary stage. The balance of convenience tilted in favor of the defendant, allowing them to continue operating under their mark pending final trial.
STP Limited v.Registrar Of Trade Marks, New Delhi
The Delhi High Court allowed STP Limited's appeal against the refusal of its trademark application 'SHALIMARK'. The initial rejection was based on similarity to earlier marks. However, the court permitted the application to proceed by restricting the scope of goods, specifically removing 'building material (non-metallic)' from the list. This decision allows the mark to be advertised in the trade mark journal for further opposition proceedings.
Promoshirt Sm Sa. v.Armasuisse And Anr.
This Letters Patent Appeal (LPA) was filed by Promoshirt SM SA. challenging decisions related to its trademark registration applications, specifically against an opposition raised by Armasuisse. The respondents challenged the maintainability of the LPAs under Section 100-A of the Code of Civil Procedure, arguing that no further appeal should lie from a Single Judge's appellate order. The High Court ultimately negated this preliminary objection, holding that since the Trade Marks Act did not mandate adherence to the restrictive provisions of the CPC, the LPA remedy remained applicable.
Manju Singal Proprietor Singla Food Products v.Deepak Kumar, Deepak Manocha, Sara Sales and Anr.
Manju Singal Proprietor Singla Food Products filed a petition seeking rectification of a conflicting copyright registration held by Deepak Kumar. The petitioner claimed ownership over their artistic packaging design for 'Gulchhare' since 2009, asserting that the respondent's subsequent registration was based on an identical and slavish imitation. After examining the works, the Delhi High Court found that the respondent's work lacked originality compared to the petitioner's earlier creation.
Glaxo Group Limited And Anr. v.Manoj Kumar Jain And Ors.
The Delhi High Court addressed a trademark infringement and passing off suit filed by Glaxo Group Limited against Manoj Kumar Jain and others. Although the matter was resolved amicably through a settlement, leading to the decreeing of specific terms, the court also independently declared the Plaintiffs' mark 'BETNESOL' as a well-known mark due to its long history and extensive market presence in the pharmaceutical sector. This judgment underscores the dual nature of IP disputes: resolution via negotiation alongside judicial recognition of brand status.
W R Grace And Co Conn v.The Controller Of Patents
W R Grace & Co Conn appealed the Patent Office's refusal of its patent application (201717030699), which related to a crystalline form of Nicotinamide Riboside. The refusal was based on lack of inventive step and failure to meet requirements under Sections 3(d) and 3(e). The Appellant subsequently filed amended claims restricting the scope to the method aspect, leading the Court to remand the matter for fresh examination by the Patent Office.
Harsh Vardhan v.Alna Biotech Pvt Limited & Anr.
The Delhi High Court allowed a petition filed by Harsh Vardhan seeking rectification of the trademark register. The court directed the Registrar of Trademarks to forthwith cancel the 'GLAMROOT' mark, which was registered in favor of Respondent 1 (Alna Biotech Pvt Limited). This decision effectively removed the disputed mark from the registry.
Saurav Chaudhary v.Union Of India & Anr.
Saurav Chaudhary filed a writ petition challenging the abandonment of his patent application, "Blind-Stitch Sewing Machine and Method of Blind Stitching." The Petitioner sought restoration of the application, alleging that repeated follow-ups to their patent agent were ignored, leading to the deemed abandonment. The Court directed the Patent Agent firm to file an affidavit detailing all correspondence related to the abandonment process. Furthermore, the bench raised broader concerns regarding the lack of regulatory supervision over IP agents in India.
SSG Pharma (P) Ltd v.Paras Pan Products Pvt Ltd
SSG Pharma (P) Ltd filed a petition seeking rectification of the copyright held by Paras Pan Products Pvt Ltd concerning the artistic work 'NAGRAJ HARFANMOLA'. The Petitioner argued that its own artistic work, 'SATMOLA', was the prior adopter and user. The court found that the Respondent's artistic work bore a striking resemblance to the Petitioner's, noting that the pouches were copied in terms of color scheme and images of children. Consequently, the court directed the rectification/expungement of the impugned copyright registration.
Abhishek Jain (Trading As M/S Trip Planners) v.Trip Planners Holidays Private Limited
The dispute between Abhishek Jain (M/S Trip Planners) and Trip Planners Holidays Private Limited was amicably settled through mediation before the Delhi High Court. The settlement mandates that the defendant must cease all use of the trademark 'Trip Planners' and its derivations in perpetuity, including removing it from business names, websites, social media handles, and closing associated domains/email suffixes by December 31, 2023. Furthermore, the defendant agreed to withdraw a pending trademark application for the disputed mark.
Transformative Learning Solutions Pvt. Ltd. v.Pawajot Kaur Baweja & Ors.
The plaintiffs, who sell Ayurveda products, sued former employees (Defendants 1 and 2) for using confidential data, customer databases, marketing material, and copyrighted content to run a competing business under the brand 'Adya Ayurveda'. The core legal issue was whether the suit was maintainable given previous judicial precedents. The Court found that the plaint disclosed sufficient cause of action and ruled in favor of the plaintiffs.
Triology Solutions Private Limited v.Flipkart Internet Private L Imited & Ors.
The Delhi High Court granted an interim injunction in favor of Triology Solutions Private Limited against various online sellers (Defendants 12-23) for trademark infringement and passing off. The court recognized the distinctiveness of the 'Muuchstac' brand, which is used for cosmetic products, and restrained the defendants from using its registered device mark and trade dress/packaging. Furthermore, the court directed the major e-commerce platforms (Defendants 1-11) to ensure takedown actions are taken against counterfeit listings and mandated disclosure of sales revenue by the infringing sellers.
Sintex Industries Limited v.Controller Of Patents And Designs And Anr
Sintex Industries Limited appealed against an order revoking Indian Patent No. 197086 on the ground of insufficiency of disclosure. The court noted that the subject patent had already been revoked by the Controller, satisfying the main prayer of the appellant for revocation. Consequently, the appeal was dismissed.
Ramada International, Inc v.La-Ramada World Private Limited & Anr
The Delhi High Court reinforced the existing ex parte ad-interim injunction in favor of Ramada International, Inc against La-Ramada World Private Limited. Finding that the defendants continued unauthorized use of the 'RAMADA' mark across various digital platforms and domains despite prior court orders, the court made the injunction absolute during the pendency of the suit. Furthermore, to ensure compliance, the Court appointed a Local Commissioner with extensive powers to seize evidence, including pamphlets and server data, and mandate the shutdown of infringing social media accounts.
M/S Gm Modular Pvt Ltd v.Sh. Gopal Shinghal & Anr
The Delhi High Court allowed M/S Gm Modular Pvt Ltd's petition seeking the cancellation of the registered trademark 'GMT' held by Sh. Gopal Shinghal. The court found that 'GMT' is deceptively similar to the Petitioner's established mark 'GM', which has been in continuous use since 1999 for electrical goods. Given the prior adoption and substantial goodwill of 'GM', the registration of 'GMT' was deemed contrary to Sections 9 and 11 of the Trademarks Act, leading to its removal from the register.
Royal Challengers Sports Private Limited v.Sun Pictures A Division Of Sun Tv Network Ltd.
The Delhi High Court settled a trademark infringement suit filed by Royal Challengers Sports Private Limited against Sun Pictures. The dispute centered on the use of the RCB team jersey in a derogatory manner within the film 'Jailer.' Through mutual agreement, the court decreed that the defendants must digitally alter all depictions of the RCB jersey and sponsor branding to ensure it is not identifiable before further release, effectively resolving the brand dilution concerns.
M/S.Rspl Health Private Limited v.Reckitt And Colman (Overseas) Hygiene Home Limited & Anr.
The Delhi High Court dismissed the petitions filed by M/S.Rspl Health Private Limited, which sought to have the trademark 'HARPIC DRAINXPERT' removed from the register. The court found that despite the petitioner's earlier marks, there was no likelihood of confusion among the average consumer when comparing 'XPERT' and 'HARPIC DRAINXPERT'. Furthermore, the court rejected the petitioner's plea regarding bad faith under Section 11(10)(ii), stating that such a claim requires cogent evidence beyond mere similarity.
Dolphin Mart Private Limited v.Avenue Supermarts Limited & Anr.
In this trademark infringement dispute, the Delhi High Court addressed two key applications. First, it permitted the defendants (Avenue Supermarts) to introduce crucial trademark registration certificates into evidence, noting that since these were issued post-filing of the written statement and are in the public domain, they should be admissible. Second, regarding the plaintiff's request for an interim injunction against infringement, the Court dismissed the application, finding that the plaintiff failed to establish a prima facie case or demonstrate that the balance of convenience favored them.
Venus Worldwide Entertainment Private Limited v.Popular Entertainment Network (Pen) Private Limited & Anr.
The Delhi High Court dismissed the Plaintiff's application for an interim injunction, which sought to prevent Defendants from releasing a film titled 'Khiladi'. The court found that the Plaintiff failed to establish a prima facie case and determined that the balance of convenience favored the Defendants. Despite the Plaintiff claiming extensive goodwill and secondary meaning for its trademark 'KHILADI', the Court held that movie titles alone do not warrant an injunction without content similarity, ultimately allowing the disputed film's release.
Hero Motocorp Limited v.Shree Amba Industries
Hero Motocorp Limited filed a suit seeking permanent injunction against Shree Amba Industries, alleging that the latter was infringing Hero's registered design (No. 271199) of a motorcycle front fender used on the HERO HF DELUXE model. The plaintiff claimed the defendant's product was a copy and constituted piracy. However, while examining the prima facie case for an interim injunction, the court found that the balance of convenience favored the defendant, noting that consumers could make informed choices between OEM and third-party parts. Consequently, the application for interim injunction was dismissed.
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