Delhi High Court
1635 cases · page 20 of 55
Showing 571–599M/S RPG Enterprises Limited v.RPG Developers Private Limited & Others
The Delhi High Court ruled in favor of M/S RPG Enterprises Limited, granting a permanent injunction against RPG Developers Private Limited and others for trademark infringement and passing off. The court found that the defendants were deliberately using the 'RPG' mark to ride on the goodwill and reputation of the plaintiff's well-known trademarks. Furthermore, due to the dishonest conduct of the defendants in attempting to deceive the public, the court awarded damages and costs to the plaintiff.
M/S Sana Herbals Pvt Ltd v.Mohsin Dehlvi
The Delhi High Court allowed the defendant's application to frame additional issues in a trademark infringement suit. The court recognized that despite previous procedural hurdles, the pleadings raised valid questions concerning the invalidity of the plaintiff's 'DEHLVI' trademarks and the legal standing of an alleged Assignment Deed. Crucially, the judgment noted that under the Tribunals Reforms Act, 2021, rectification petitions can now be clubbed with civil suits, eliminating the need for a stay on the main litigation.
Diageo Brands B.V. v.Alcobrew Distilleries India Pvt Ltd
Diageo Brands B.V. filed an application seeking injunction against Alcobrew Distilleries India Pvt Ltd, alleging piracy of their registered Design No. 306577. The core dispute revolved around whether the defendant's product design was a fraudulent imitation of Diageo's protected design. The court examined complex issues regarding the scope of novelty analysis versus infringement analysis and the appropriate 'eye' (instructed vs. ordinary purchaser) for comparison. Ultimately, the court found that the distinguishing features used to establish the suit design's originality also differentiated it from the defendant's impugned design, leading to the dismissal of the injunction application.
M/S Veda Seed Sciences Pvt Ltd v.Kohinoor Seed Fields India Pvt Ltd
The Delhi High Court dismissed the appeal filed by Veda Seed Sciences against an interim trademark infringement order. The court affirmed that Kohinoor Seed Fields was the prior adopter and registrant of the marks 'SADANAND', 'TADAAKHA', and 'BASANT'. Despite Veda's later registration, the court found their use was dishonest, stemming from a marketing agreement where they acknowledged ownership by Kohinoor. The injunction restraining Veda from using these trademarks remains in effect.
Merck Sharp And Dohme Corp & Anr. v.Yms Laboratories Private Limited
The commercial suit filed by Merck Sharp And Dohme Corp against Yms Laboratories Private Limited for Patent Infringement concerning Sitagliptin was settled mutually. The court decreed the suit in terms of this settlement agreement, which included the Defendant acknowledging the patent's validity and agreeing to cease all infringing activities.
Art Screw Co., Ltd. v.The Assistant Controller Of Patents And Designs
Art Screw Co., Ltd. appealed a decision by the Assistant Controller denying its patent application for 'Fastener and Fastening Structure' on grounds of lack of inventive step over prior art. The High Court found that the original order lacked proper reasoning and comprehension, leading to the setting aside of the impugned order.
The Hind Samachar Limited v.Punjab Kesari Publishers Pvt. Ltd.
The Delhi High Court disposed of a rectification petition concerning the trade mark 'PUNJAB KESARI' after the involved family members reached an oral and written settlement. The court directed the amendment of the trademark registration, effectively carving out specific geographical territories for both the petitioner (VKC group) and the respondent (AKC group). This resolution allowed the parties to coexist using the same mark within defined regional boundaries.
M/S Tej Ram Dharam Paul & Anr. v.M/S Om Shiva Products Inc & Ors.
The Delhi High Court granted an interim injunction in favor of the Plaintiffs against the Defendants regarding trademark and copyright infringement. The court found that the Defendants' marks, 'ICE FEEL' and 'LIPLOCK', were deceptively similar to the Plaintiffs' registered trade dress and word marks, 'COOL LIP'. Despite jurisdictional challenges raised by the Defendants, the Court held that the Plaintiffs had established a strong prima facie case based on prior use and substantial similarity. The injunction restricts the Defendants from manufacturing or selling products under these impugned marks.
Novartis Ag v.Zydus Healthcare Limited
Novartis initiated a suit against Zydus Healthcare Limited alleging imminent threat to its commercial interests concerning the patented combination drug Sacubitril and Valsartan. The defendants filed an application seeking rejection of the plaint, arguing that the cause of action was illusory or based on misstatements. However, the Delhi High Court dismissed the application, holding that the court must decide such applications solely based on the allegations made in the plaint, without considering the defenses raised by the respondents.
Sun Pharma Laboratories Ltd v.Intas Pharmaceutical Ltd & Anr.
The Delhi High Court dismissed Sun Pharma's appeal against the denial of an interim injunction concerning pharmaceutical trademarks. The court held that since both parties are generic drug manufacturers launching products after patent expiry, and given the similarity of the marks is based on active ingredients, there were no strong equities in favor of either party at this preliminary stage. Furthermore, the appellant's registered mark had not been used for over twenty-four years, which weighed against granting immediate protection.
Sonya Kapur v.Controller General Of Patent, Designs And Trademark and Ors
Sonya Kapur challenged the grant of Patent No. 363697 by the Patent Office, arguing that the pre-grant opposition filed by her was ignored. The court quashed the impugned order and remanded the patent application to the Patent Office for re-consideration, ensuring the petitioner's opposition is taken into account.
Modern Snacks Pvt Ltd v.The Registrar Of Trade Mark
The Delhi High Court remanded an appeal filed by Modern Snacks Pvt Ltd regarding the rejection of its trademark application 'Modern Namkeen Karare Lal'. The core issue was whether the appellant could proceed with the appeal despite a previous rejection order from 2018. Recognizing the merits of the case, the court ordered the matter to be sent back to the Registrar for fresh consideration of the original review application. However, this remand is conditional: Modern Snacks must first prove that the prior rejection order was never properly communicated to them.
Hadiklaim Central Agricultural Cooperative Society Ltd. v.Ms Dharamraj And Sons And Ors & Ors.
The Delhi High Court judgment confirms the resolution of a trademark dispute concerning the 'KING SOLOMON DATES' brand. The plaintiff successfully reached comprehensive settlement agreements with multiple defendants, including Defendant No. 1. These settlements legally bind the defendants to cease all use of similar or deceptively related marks and acknowledge the plaintiff's exclusive ownership rights over the trademark.
FMC Corporation & Ors. v.Natco Pharma Limited
FMC Corporation appealed an order that rejected its application for a permanent injunction against Natco Pharma Limited. FMC alleged that Natco's process for manufacturing Chlorantraniliprole (CTPR) infringed their patented method IN 298645, claiming equivalence between the processes. The Delhi High Court dismissed the appeal, finding no infringement because the use of thionyl chloride by Natco was not equivalent to sulfonyl chloride in the suit patent.
Plusplus Lifesciences Llp & Anr. v.Dr. Shiwani Singh & Ors.
Plaintiffs sought an ad-interim injunction restraining the defendants from dealing with medicines bearing marks like 'NUTRIEPIC' and 'UTTERCARE', alleging misuse of confidential information related to their multi-micronutrient supplement, 'TRIMACARE'. The court examined claims of passing off and similarity between the marks. Ultimately, the ex-parte order was vacated, but the defendants were directed to disclose sales data.
Sun Pharma Laboratories Ltd v.Intas Pharmaceuticals Limited & Anr.
The plaintiff sought an interim injunction against the defendants for alleged infringement and passing off of its medicinal goods under the marks 'SITARED' and 'SETARET', claiming similarity with the defendant's mark 'SITARA-D'. The court found that prima facie, the two marks were not phonetically or visually similar, and dismissed the application for an interim injunction.
H.S. Sahni, Sole Proprietorm/S M. K. Auto Sales Corporation v.Saic Motor Corporation Limited & Ors
This Delhi High Court order initiates a trademark infringement suit filed by H.S. Sahni against Saic Motor Corporation Limited concerning the use of the marks 'M.G' and 'M.G.I' in the automotive sector. The Plaintiff claims rights based on continuous use since 1989 and registered trademarks from 1998, alleging that the Defendant is infringing upon these established marks. While procedural applications were disposed of, the Court formally registered the suit and directed the Defendants to file a detailed affidavit regarding their sales figures and product launches under the disputed mark.
Ds Confectionery Products Limited v.Nirmala Gupta And Anr
The Delhi High Court granted a permanent injunction in favor of Ds Confectionery Products Limited against the defendants for trademark infringement and passing off related to confectionery products. The plaintiff successfully demonstrated that its marks (PULSE/) were being deceptively used by the defendants' goods (PELSE/ and PLUS++/). Furthermore, given the defendants' failure to appear despite service, the court awarded the plaintiff damages of Rs. 2,00,000/-.
Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Bdr Pharmaceuticals International Pvt. Ltd.
The plaintiffs sought a permanent injunction against the defendants for dealing in generic APIXABAN infringing Indian Patent No. IN'247381. The dispute centered on whether the defendants' continued activities, such as participating in tenders and authorizing distributors post-injunction, constituted willful disobedience or contempt of court.
Aktiebolaget Volvo & Ors v.S.Sura & Ors
The Delhi High Court delivered a mixed verdict in the trademark infringement suit filed by Aktiebolaget Volvo. While the court found that Defendants 6 and 7 were infringing the 'VOLVO' mark through deceptive similarity and dilution, leading to permanent injunctions and costs being awarded to Volvo, it ultimately dismissed the suit against other defendants (4, 5, and 9). The judgment highlights the critical importance of evidence regarding trademark usage and ownership in determining liability.
Nokia Technologies Oy v.Guangdong Oppo Mobile Telecommunications Corp Ltd
Nokia, holding several patents deemed Standard Essential Patents (SEPs) for cellular technologies (2G-5G), filed an application seeking directions against Oppo. The dispute centered on whether Oppo's use of these patented standards required licensing under FRAND terms. The court dismissed Nokia's application, finding insufficient evidence to establish liability or justify the interim relief sought.
Vintage Distillers Limited v.Ramesh Chand Parekh
The Delhi High Court granted a temporary injunction in favor of Vintage Distillers Limited against Ramesh Chand Parekh regarding their alcoholic beverage brands. The court found that the Defendant's use of 'DHOLA THARU' was deceptively similar to the Plaintiff's established trademark 'DHOLA MAARU'. Furthermore, the court recognized infringement not only under trademark law but also under copyright law due to the slavish imitation of the Plaintiff's artistic label design and trade dress. This interim order protects the Plaintiff's goodwill while the main suit proceeds.
Eicore Technologies Pvt. Ltd. v.Eexpedise Technologies Pvt. Ltd.
Eicore Technologies Pvt. Ltd. filed an application seeking permission to file additional documents in a commercial suit against Eexpedise Technologies Pvt. Ltd., which concerned alleged infringement of its software 'HealthBuzz' and misuse of trade secrets. The Plaintiffs sought to introduce various financial statements, correspondence, and domain details related to the Defendants' competing entities. However, the Delhi High Court scrutinized the request under the Commercial Courts Act, 2015, emphasizing the need for speedy disposal.
M/S Pornsricharoenpun Co Ltd & Anr. v.M/S L'Oreal India Private Limited & Anr.
The Delhi High Court allowed an appeal filed by M/S Pornsricharoenpun Co Ltd, setting aside a trial court order that had restrained them from using the phrase 'HAIR SPA'. The court ruled that since 'HAIR SPA' is a generic and descriptive term commonly used in the cosmetics industry to denote hair treatment, its use by the appellants under their registered trademark 'BERINA' did not constitute trademark infringement. This decision emphasizes the importance of distinguishing between proprietary marks and common trade language.
FMC Corporation & Ors. v.GSP Crop Science Private Limited
FMC Corporation filed a suit seeking an injunction against GSP Crop Science Private Limited for allegedly infringing Indian Patent No. IN 252004, which covers a method for preparing intermediates used in manufacturing the insecticide CTPR. The Plaintiffs argued that the Defendant's process was identical to the patented method. However, the Court dismissed the interim injunction application, finding that the balance of convenience favored the Defendant and raising doubts about the patent's industrial applicability due to its age.
ITC Limited v.Central Park Private Limited & Anr.
ITC Limited successfully argued that its restaurant brand, 'BUKHARA,' qualifies as a well-known mark in India. The Delhi High Court recognized the extensive reputation, global acclaim, and long history of the brand, despite similar marks being used by defendants. This judgment reinforces the strong protection afforded to established brands under Indian IP law, particularly concerning transborder reputation.
Rms Fire And Safety Services Pvt Ltd v.Ispl Automation Pvt Ltd
The appellant challenged the revocation of their patent for a Motor Bike Fire Engine granted in 2019. The case was heard by the Delhi High Court to determine its territorial jurisdiction over an appeal originating from the Mumbai Patent Office. Ultimately, the court held that since the appropriate office was in Mumbai, it lacked jurisdiction.
FMC Corporation v.Insecticides India Limited
The Plaintiffs filed an application seeking a permanent injunction against Insecticides India Limited, alleging that the Defendant was infringing their patent (IN'645) by using a patented method for preparing the insecticide CTPR. The court examined whether the Defendant's process was equivalent to the claimed invention.
Dr. Reddys Laboratories Limited & Anr. v.The Controller Of Patents & Ors.
This judgment addresses complex jurisdictional issues arising after the enactment of the Tribunal Reforms Act, 2021. The court examined three proceedings: two revocation petitions and one appeal under the Patents Act, 1970. In C.O.(COMM.IPD-PAT) 3/2021, the court considered a petition to revoke Patent No. IN 268846. However, in other cases, the court ruled that jurisdiction was lacking because the appropriate office or another High Court already held the matter, preventing parties from pursuing parallel proceedings.
Avery Dennison Corporation v.Controller Of Patents And Designs
Avery Dennison Corporation appealed a decision by the Controller of Patents and Designs which refused to grant a patent for 'Notched Fastener' due to lack of inventive step. The Appellant argued that the specific features (notch creation, position, shape, direction) provided a technical advancement over prior art documents D2 and D3. The Court ultimately allowed the appeal, finding that the invention satisfied the test of inventive step.
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