Delhi High Court
1635 cases · page 17 of 55
Showing 481–509Arvind Medicare Pvt Ltd. v.Registrar Trade Marks
The Delhi High Court allowed the appeal filed by Arvind Medicare Pvt Ltd. against the Trade Marks Registry's refusal of its device mark registration for medical services (Class 44). The court found that despite objections based on similarity to an earlier mark, the appellant had established significant goodwill and continuous use since 2012. Consequently, the application was directed to proceed to advertisement, allowing the matter to be decided on its merits against any potential opposition.
M/S Arvind Medicare Pvt. Ltd. v.The Registrar Of Trade Marks, Delhi
The Delhi High Court allowed the appeal filed by M/S Arvind Medicare Pvt. Ltd. against the Trade Marks Registry's refusal of their word mark 'MIRACLES' for medical services (Class 44). The court recognized that due to continuous use since 2012, the mark had acquired distinctiveness and goodwill in the market. Consequently, the application was directed to proceed to the advertisement stage, allowing further scrutiny against existing marks.
Rspl Limited v.Agarwal Home Products & Anr.
Rspl Limited challenged the registration of the word mark 'AGRAGHADIYAL' by Agarwal Home Products, arguing it was deceptively similar to their well-known brand 'GHADI'. The Delhi High Court examined the phonetic and visual similarities between the two marks. Ultimately, the court found that despite both words being related to time/clocks in Hindi, there was no sufficient similarity or likelihood of confusion for cancellation under Section 11 of the Trade Marks Act. Consequently, the petition seeking revocation was dismissed.
Titan Umreifungstechnik Gmbh And Co. Kg v.Assistant Controller Of Patents And Designs And Anr
The appellant challenged the Assistant Controller's refusal of their patent application for a plastic strapping band. The Controller rejected the application citing lack of inventive step and vagueness in claims (Section 10(4)). The High Court found the rejection unreasoned, particularly regarding Section 10(4), and allowed the appeal.
Vifor (International) Ltd v.J.B. Chemicals And Pharmaceuticals Limited
Plaintiffs filed suits seeking permanent injunction against defendants for infringing Indian Patent No. 221536, which covers the drug FERRIC CARBOXYMALTOSE. The dispute arose after plaintiffs discovered marketing material for generic versions launched by the defendants under names 'JBCARB' and 'CipFCM'.
Khilender Gupta Trading As M/S Bobby Enterprises v.Rakesh Kumar Trading As M/S Sai Birbal Das Foods
The Delhi High Court allowed an appeal filed by Khilender Gupta (the defendant in the original suit) challenging a lower court's refusal to permit amendments to their written statement. The core issue was whether changing the claimed date of trademark use constituted an impermissible 'U-turn.' The Court ruled that since the petitioner was entitled to claim user from any date, and the amendment merely reflected newly discovered material, it was correctional in nature and should be allowed in the interest of justice.
Vifor (International) Ltd & Anr. v.Cipla Limited
Vifor filed suits seeking permanent injunction against Cipla and J.B. Chemicals for allegedly infringing Indian Patent No. 221536, which covers the water-soluble iron carbohydrate complex (FERRIC CARBOXYMALTOSE). The dispute arose after plaintiffs discovered marketing material for generic versions of their patented drug. The court considered arguments regarding the patent's nature and previous injunction orders before deciding on the continuation of status quo.
Pepsico Inc. v.Jagpin Breweries Limited
The Delhi High Court ruled in favor of Pepsico Inc., granting an absolute ad interim injunction against Jagpin Breweries Limited. The court found that the unauthorized use of 'MIRINDA' and its Hindi transliteration by the defendant, particularly in connection with country-made liquor, constituted trademark infringement and dilution. This decision underscores the strong protection afforded to well-known marks under Indian IP law, even when goods or trade channels differ.
Grupo Petrotemex S.A. De C.V. v.Controller Of Patents
The appellant challenged the Patent Office's order rejecting its patent application (No. 965/DELNP/2006). The rejection was based on a lack of inventive step, even though the initial objection raised by the Patent Office related only to novelty. The High Court found that the impugned order went beyond the scope of the original objection and allowed the appeal.
Vexim v.The Controller Of Patents
Vexim appealed the rejection of its Indian Patent application, 'Methods and Apparatuses for Bone Restoration,' which was initially denied due to lack of inventive step. The core issue before the Delhi High Court was whether the Patent Office had provided adequate reasoning for this refusal. The court found that the impugned order was cryptic, failing to analyze existing knowledge against the subject invention as required by law. Consequently, the rejection was set aside and the matter was remanded back to the Patent Office for a fresh, reasoned consideration.
Rosemount Inc v.Deputy Controller Of Patents And Designs
Rosemount Inc appealed a rejection order passed by the Controller of Patents regarding its application for a 'Process Device with Density Measurement.' The Controller had rejected the patent citing lack of inventive steps based on prior art. However, the Delhi High Court found that the Controller's impugned order was cryptic and failed to provide adequate reasoning or analyze the three essential elements required to determine inventive step. Consequently, the High Court set aside the rejection and remanded the matter back to the Patent Office for fresh consideration with a mandate for a reasoned decision.
Merck Sharp And Dohme Corp v.Solitaire Pharmacia Private Limited
The dispute was settled with the acknowledgment of the plaintiff's rights to use the patent related to Sitagliptin. The defendant confirmed they did not engage in any activities constituting infringement during the patent's validity.
Mrs X v.Union Of India And Ors
This Delhi High Court judgment addresses a writ petition filed by 'Mrs. X' seeking the removal of her non-consensual intimate images (NCII) from various online platforms. The case details how Mrs. X was victimized after being coerced into paying money, leading to the leakage of explicit photos and videos on pornographic websites. Despite complaints to social media giants like Google and Microsoft, the content remained online. The Court emphasized the need for robust mechanisms to protect victims' privacy and dignity in a patriarchal society. While acknowledging existing legal frameworks under the IT Act, the judgment highlighted the reluctance of intermediaries in implementing these laws effectively. The court issued directions urging all concerned entities to comply with the stipulated provisions.
Sugen, Inc. v.Mr. K Vijaya Prakash
Sugen, Inc. filed applications alleging that Mr. K Vijaya Prakash and associated defendants willfully violated an injunction order passed by the Delhi High Court in 2016. The original suit concerned the infringement of three patents covering the drug Crizotinib (marketed as Xalkori®). Plaintiffs presented evidence, including photographs and investigator reports, suggesting the manufacturing and sale of the generic product 'CRIZO SPL™' after the injunction was issued. The court found that Defendant No. 1 had control over the infringing entities, leading to a finding of wilful contempt against him.
Sirona Hygiene Private Limited v.Parulben Navnath Chothani Trading As Shiv Enterprise & Ors.
The Delhi High Court recorded a settlement between the Plaintiff, Sirona Hygiene Private Limited, and Defendant No. 1 in a trademark infringement suit concerning its 'SIRONA' brand. The settlement acknowledged Sirona's rights in both its registered mark and product packaging copyright. As part of the agreement, the infringing party agreed to cease using similar marks like 'SIROMA' and paid Rs. 65,000/-. Consequently, the suit was decreed against Defendant No. 1, who was then deleted from the array of parties.
Ankit Aggarwal Proprietor Of M/S Vepson Engineers v.Gupta Casting Pvt. Ltd.
The Delhi High Court allowed petitions filed by Ankit Aggarwal to cancel two trademark registrations held by Gupta Casting Pvt. Ltd. The court found that the respondent's marks were confusingly similar to the petitioner's prior and well-established mark, 'JAI KISAN,' used since 1985 in agricultural implements. Furthermore, the respondent failed to demonstrate genuine use of their registered marks for a continuous period of five years, leading the court to remove them from the Register under Section 47 of the Trade Mark Act.
Virendra Kumar Gupta v.Burger King Corporation
The Madras High Court dismissed a rectification petition filed by Virendra Kumar Gupta against Burger King Corporation. The petitioner sought to cancel or impose a disclaimer on the 'Burger' and 'King' marks registered under No. 927122. The court relied on prior judgments, including one from the Delhi High Court and the Supreme Court ruling in Patel Field Marshal Agencies vs P.M. Diesels Ltd., concluding that the petition was not maintainable.
Charanjiv Kumar Taneja Trading As Chirag Enterprises v.The Registrar Of Trade Marks
The Delhi High Court dismissed a writ petition filed by Charanjiv Kumar Taneja Trading As Chirag Enterprises, which sought to restore a lapsed trademark registration. The petitioner had failed to renew their 'TIGER' mark after 2006 and only attempted renewal in 2022, sixteen years later. The court held that the petitioner could not take advantage of such undue delay, especially since the RTI response confirmed an O3 notice was generated in 2006 but remained untraceable.
Mankind Pharma Limited v.Arvind Kumar Trading And Anr.
The Delhi High Court allowed Mankind Pharma Limited's petition seeking the removal of the trademark 'NIKIND'. The court found that 'NIKIND' was confusingly similar to the petitioner's established family of marks, including 'NIMEKIND', and that its registration should be cancelled under Section 57 of the Trademarks Act. Furthermore, the judgment noted a lack of bonafide use and continuous non-use of the impugned mark for five years, leading to its removal under Section 47.
Sona Mandhira Pvt. Ltd. v.Sona Blw Precision Forgings Ltd.
The Delhi High Court addressed several applications related to a trademark dispute involving the 'SONA' mark. While one application seeking to introduce public record documents was allowed, another crucial application filed by Sona Mandhira Pvt. Ltd. (the appellants) was dismissed. The court found no merit in the appeal against the interim injunction granted to the respondents, citing factors such as the non-perishability of goods and potential grave prejudice to the successful respondent if the injunction were lifted.
Ttk Prestige Ltd v.Kcm Appliances Private Limited
Ttk Prestige Ltd filed a suit alleging piracy of its registered design for a pressure cooker. The core dispute centered on whether the unique, anti-spillage lid design was protectable and if Kcm Appliances Private Limited had copied this feature. The court found that the challenge to the registration's validity lacked substance and concluded that the defendant's product prima facie infringed the plaintiff's registered design.
Vaibhav Chaurasia v.Union Of India
The Delhi High Court disposed of a writ petition filed by Vaibhav Chaurasia seeking directions against the Union of India regarding the status of Trade Mark No. 2650542. The petitioner had applied for the substitution of his name as the proprietor following an assignment from M/s Delicious Food Products Pvt Ltd. Recognizing the limited nature of the grievance, the Court directed the Registrar of Trademarks to process and decide the application within a period of six weeks.
Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Indoco Remedies Limited
The dispute between Bristol-Myers Squibb Holdings Ireland and Indoco Remedies Limited regarding the validity and infringement of patent IN 247381 for Apixaban was amicably resolved through mediation. The defendant acknowledged the patent's validity until its expiry date (September 17, 2022) and confirmed discontinuing all related activities.
Leeford Healthcare Limited v.Vobb Healthcare & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Leeford Healthcare Limited against Vobb Healthcare & Ors. The court found a prima facie case of trademark infringement and passing off, specifically concerning the medicinal cream brand 'DERMIFORD.' Given that the goods are pharmaceutical and the defendants had recently entered the market, the court held that Leeford would suffer grave injury without immediate protection. This order temporarily halts the defendants from using deceptively similar marks like 'NEO DERMIFORD' until further orders.
Sanjay Mehra v.Sharad Mehra & Ors.
This suit was filed by Sanjay Mehra seeking permanent injunction against Sharad Mehra & Ors. for alleged infringement and passing off related to the 'SUPERON' trademark and associated intellectual property rights. The core dispute revolved around the division of business assets, including IP, between two groups (SM Group and SDM Group) as per a Memorandum of Family Settlement (MOFS). Although the Plaintiff argued jurisdiction over the matter, the Court ultimately found that arbitration was the intended forum for resolving disputes arising from the MOFS and Sale Deed.
Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Metrochem Api Private Limited
The dispute between Bristol-Myers Squibb Holdings Ireland and Metrochem Api Private Limited regarding patent infringement of Apixaban was amicably resolved through court-mediated conciliation. The parties executed a Settlement Agreement, leading to the suit being decreed in terms of that agreement.
Trex India Pvt. Ltd. v.Cde Asia Limited
The dispute originated from a suit for permanent injunction filed by Cde Asia Limited against Trex India Pvt. Ltd. regarding alleged infringement of its Patent No. 3072491 and Design No. 2626292 concerning the product 'FM 120 CONEXUS'. The present appeal challenged the Single Judge's order, but the High Court dismissed the appeal on a preliminary objection regarding its maintainability under the Commercial Courts Act.
Ace Technologies Corp & Ors. v.Communication Components Antenna Inc.
This appeal challenged an interim injunction granted by the Delhi High Court, which restrained Ace Technologies Corp from manufacturing and selling antennae due to alleged infringement of Patent IN240893. The respondent claimed its patent covered a novel asymmetrical beam pattern for fixed antennas used in cellular networks. While the court found no grounds to interfere with the core interim relief, it modified the financial compliance terms, allowing the respondents to deposit a bank guarantee instead of cash.
Diamond Star Global Sdn. Bhd. v.Joint Controller Of Patents And Designs
The appellant sought a patent for 'Hygiene Wash,' a skin care preparation using wood vinegar derived from the Rhizophora apiculata tree. The Controller rejected the application, but the High Court found that the invention possessed an inventive step by identifying guaiacol-free wood vinegar and determining the optimal concentration (18-22%) to selectively target harmful bacteria while preserving beneficial lactic acid bacteria.
Boehringer Ingelheim Pharma Gmbh And Co. Kg & Anr. v.Vee Excel Drugs and Pharmaceuticals Private Ltd. & Ors., Alkem Laboratories Ltd & Anr., Micro Labs Limited, Natco Pharma Limited & Anr., Mankind Pharma Limited
Boehringer Ingelheim Pharma sought permanent injunctions against various Indian pharmaceutical companies, alleging infringement of Patent No. IN 243301 related to Linagliptin tablets. The Delhi High Court examined the applications for interim injunction across multiple connected suits. The court found that the plaintiffs failed to establish a prima facie case, noting concerns about potential patent vulnerability due to prior claiming and attempts at evergreening. Consequently, all interim injunction applications were dismissed, allowing defendants to continue manufacturing and selling the products.
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