Delhi High Court
1664 cases · page 22 of 56
Showing 631–659FMC Corporation v.The Controller Of Patents
FMC Corporation appealed the rejection of its patent application for 'HERBICIDAL MIXTURES' based on procedural grounds, primarily the failure to file timely written submissions. The High Court noted that while the applicant was responsible for delays, the original order lacked proper reasoning and considered the merits of the case. Consequently, the appeal was allowed in terms of remanding the matter back to the Controller for fresh consideration.
Bry-Air Prokon Sagl & Ors. v.Union Of India & Anr.
Bry-Air Prokon Sagl & Ors. challenged the Controller of Patents' orders that deemed several of their patent applications abandoned and caused a granted patent to lapse, citing failure to file timely responses or renewal fees. The Petitioners argued that delays were due to issues with their Patent Agent and the extraordinary circumstances of the COVID-19 pandemic. The Delhi High Court acknowledged these facts, quashing the abandonment orders and directing the restoration of all relevant applications and patents.
Entrepreneur Media Inc v.The Senior Examiner Of Trade Marks Delhi
Entrepreneur Media Inc challenged the refusal of its trademark application 'ENTREPRENEUR' by the Senior Examiner of Trade Marks Delhi, arguing that the mark was distinctive and had acquired local reputation. The High Court allowed the appeal, setting aside the examiner's order. Crucially, the court did not decide the merits but remanded the case back to the Registrar, directing a fresh review based on specific evidence provided by the appellant regarding cited marks.
Seal For Life Industries Us Llc v.The Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Seal For Life Industries Us Llc against the Registrar of Trade Marks' refusal to register the mark 'ANODEFLEX'. The court held that the rejection, based solely on the ground that the mark was descriptive or had a dictionary meaning, was erroneous. Given extensive evidence of long-term international and domestic use, the High Court quashed the refusal order and remitted the matter back for fresh consideration.
BASF SE v.GSP CROP SCIENCE PRIVATE LIMITED
BASF SE filed a suit seeking enforcement of its patent (IN 271338) covering a crystalline complex used in agriculture, which is commercially sold under the mark 'XELORA'. The dispute arose because the Defendant obtained registration for a similar combination product. After considering the parties' submissions and undertakings, the court decreed the suit based on the defendant's commitment not to launch the infringing product until the patent expires or is invalidated.
Intel Corporation v.S.P. Gupta And Others
The Delhi High Court ruled in favor of Intel Corporation in a long-pending trademark infringement suit against S.P. Gupta and others. The court granted permanent injunctions, recognizing the extensive goodwill and reputation of the 'INTEL' mark. Crucially, the judgment was reached after the Defendants indicated they were willing to cease using the infringing marks, leading the court to decree the suit based on this mutual understanding.
Phillips 66 Company v.Raaj Unocal Lubricants Limited
This judgment addresses two key applications filed within a commercial suit concerning the enforcement of intellectual property rights. The court first dismissed the defendant's application to reclassify the suit as an ordinary dispute, holding that since the cause of action stemmed from foreign infringement of IP rights, it qualified as a 'commercial dispute.' Subsequently, the court condoned the delay in filing the written statement by the defendant, permitting its admission subject to payment of costs.
Phillips 66 Company v.Raaj Unocal Lubricants Limited
This case involves a suit filed by Phillips 66 Company seeking recovery of damages awarded by a US District Court for intellectual property infringement against Raaj Unocal Lubricants Limited. The court first addressed an application to reclassify the suit, ultimately holding that since the cause of action was based on IP infringement in the USA, it qualified as a 'commercial dispute' under Section 2(1)(c)(xvii) of the Commercial Courts Act. Subsequently, the court considered an application for condonation of delay in filing the written statement and allowed it, subject to the defendant paying costs.
Nirma Limited v.Purnima Gupta And Anr
The Delhi High Court allowed Nirma Limited's rectification petition, successfully removing the deceptively similar trademark 'NIMA' registered in favor of Purnima Gupta. The court held that because Nirma's primary mark ('NIRMA') is a well-known trade mark and the marks are confusingly similar, allowing the registration would cause consumer deception and dilute Nirma's established goodwill. This judgment reinforces the protective scope afforded to well-known trademarks against subsequent registrations.
Auckland Uniservices Limited v.Assistant Controller Of Patents And Designs
Auckland Uniservices Limited appealed the Assistant Controller's refusal of a patent application for 'Magnetic Field Shaping for Inductive Power Transfer'. The refusal was based on lack of inventive step over prior art. The High Court set aside the impugned order, finding that the Respondent failed to provide reasoned analysis regarding how a person skilled in the art would move from existing knowledge to the claimed invention.
Vivek Kochher & Anr v.Kyk Corporation Ltd & Ors
The Delhi High Court addressed an appeal challenging a judgment that had partially allowed a counter-claim by Kyk Corporation, granting it permanent injunctions. The court found that while the Intellectual Property Appellate Board's (IPAB) findings were dispositive regarding trademark registration, they did not address Kyk Corporation's core claim of passing off. Consequently, the High Court set aside the granted injunctions and remanded the matter to the Single Judge to specifically consider Kyk Corporation's claim for passing off based on the existing evidence.
Otsuka Pharmaceutical Co Ltd v.The Controller Of Patents
Otsuka Pharmaceutical appealed the Controller's order refusing a patent application for a medicament combination involving Brexpiprazole, citing lack of inventive step. The appellant argued that the rejection was non-reasoned and procedurally flawed, particularly because the Respondent introduced new prior art documents (D2 and D3) without giving the Appellant an opportunity to respond. The High Court found the impugned order vitiated due to procedural infirmities and set it aside, remanding the matter for fresh consideration.
Sandvik Intellectual Property Ab v.Sai Deepa Rock Drills Private Limited
The suit involved allegations of infringement against the subject matter of Plaintiff No. 1's registered Patents. The parties amicably resolved the dispute regarding legal costs, leading to a settlement.
Fmc Corporation v.Natco Pharma Limited
The suit sought a permanent injunction against Natco Pharma Limited for infringing FMC Corporation's patent IN'645, which covers a method for preparing the insecticide CTPR. The court examined the processes used by both parties and relied on scientific advisor reports. Ultimately, the court found that the competing processes were distinct and not 'equivalent', allowing Natco to launch CTPR.
Sterlite Technologies Limited v.Hfcl Limited
Sterlite Technologies Limited filed a suit seeking an injunction against Hfcl Limited for infringing its Indian Patent No. IN335369, which relates to optical fiber cables (OFCs). The defendant challenged the patent's validity and sought vacation of the ex-parte injunction. The court found serious doubt regarding the novelty and inventive nature of the suit patent.
Lifestyle Equities C.V. And Ors. v.Amazon Sellers Service Private Limited & Anr.
The Delhi High Court rejected a motion filed by Amazon Sellers Service Private Limited seeking rejection of the trademark infringement suit on grounds of lack of jurisdiction. The court held that since the Plaintiffs alleged they have physical stores and their licensees' websites target consumers in Delhi, a valid cause of action exists within the territorial limits of India. This ruling allows the core litigation regarding the use of the Beverly Hills Polo Club trademarks to move forward.
M/S Steelbird Hi-Tech India Ltd. v.Mr. Tazeen Farooqui & Ors.
The Delhi High Court upheld the interim injunction in favor of M/S Steelbird Hi-Tech India Ltd. against Mr. Tazeen Farooqui & Ors., finding that the defendant's mark 'SEABIRD' was deceptively and confusingly similar to the plaintiff’s established trademark 'STEELBIRD'. The court emphasized the importance of common law rights derived from long, continuous use, ruling that registration alone does not supersede prior proprietary rights. This decision reinforces the protection afforded to well-known marks against potential dilution and confusion in the market.
Haryana Pesticides Manufactures Association v.Willowood Chemicals Private Limited
The petitioner challenged an impugned order passed by the Deputy Controller of Patents and Designs, which granted a patent for 'Novel Fungicidal Composition'. The petitioner argued that the respondent made amendments to their claims without providing them an opportunity to be heard. However, the court dismissed the writ petition, holding that the petitioner had already availed of alternative remedies.
M/S Maan Pharmaceuticals Ltd. v.M/S Mindwave Healthcare Pvt. Ltd.
The Delhi High Court dismissed M/S Maan Pharmaceuticals Ltd.'s appeal, upholding a Commercial Court order that restrained Maan from using the trademark 'BUPROEX'. The court found that Mindwave Healthcare was the registered proprietor of the mark and that evidence suggested Maan acted as a third-party manufacturer or contract manufacturer. This ruling reinforces the principle that registration rights hold significant weight against claims of prior use by manufacturers, especially when correspondence supports the relationship.
Sterlite Technologies Limited v.Anupam Singh & Ors.
Sterlite Technologies Limited filed a suit seeking permanent injunctions and damages against former employees (Defendants No. 1 & 2) and their new employer, HFCL Ltd., alleging breach of confidence and misappropriation of trade secrets. The core dispute revolved around patent applications filed by HFCL that allegedly incorporated Sterlite's proprietary information. Although the original suit was not numbered as a commercial suit, the court observed that disputes involving trade secrets and confidential information related to patents fall under the broad definition of 'commercial dispute'.
Apaar Homez Mart Pvt. Ltd. v.M/S. Century World
The Delhi High Court upheld the Commercial Court's order restraining Apaar Homez Mart from using its trademark 'SEPAL' combined with 'Century'. The court found that M/S. Century World had successfully established a prima facie case of trademark infringement and passing off, noting the significant increase in the respondent's turnover and the appellant's recent adoption of the mark. This judgment reinforces the principle that if an appellant cannot provide a plausible reason for using a potentially common term like 'Century,' they risk being found to be capitalizing on the goodwill of an established competitor.
Intex Enterprises Private Limited v.Sandeep Kumar
The Delhi High Court allowed the appeal filed by Intex Enterprises Private Limited against a trial court order that partially vacated an interim injunction. The court found that the trial court had failed to address crucial legal arguments regarding trademark infringement under Section 29(4) and claims of passing off and copyright infringement, despite them being part of the composite suit. Consequently, the High Court set aside the impugned order and remanded the matter back to the Trial Court for a comprehensive review of all issues.
Neetu Singh v.Telegram Fz Llc
Neetu Singh and K.D. Campus Pvt. Ltd. filed a suit alleging that their copyrighted course materials, lectures, and books were being illegally disseminated through various Telegram channels. Despite initial takedown requests to Telegram Fz Llc, the infringement continued with new channels appearing daily. The plaintiffs subsequently sought discovery of the identity of the operators running these infringing channels. The Delhi High Court addressed this application by directing Telegram to disclose detailed information regarding the devices, IP addresses, and operators responsible for uploading the copyrighted material.
Ds Biopharma Limited v.The Controller Of Patents And Designs and Anr
Ds Biopharma Limited appealed the rejection of its patent application by the Assistant Controller. The Appellant argued that the grounds for rejection, particularly under Section 3(d), were not properly specified in the hearing notice, violating natural justice. The Court found that the Appellant lacked adequate opportunity to respond to the specific objection under Section 3(d).
Apnatime Tech Pvt. Ltd. v.Tmp Technologies Pvt. Ltd.
The Delhi High Court ruled in favor of Apnatime Tech Pvt. Ltd., permanently restraining Tmp Technologies Pvt. Ltd. from using any mark identical or deceptively similar to its trademark 'APNA'. The court found that the Defendants' use of 'APNA SHARE APP' constituted passing off, given the similarity of services offered (online learning/job search). Furthermore, the judgment ordered the cancellation of the infringing domain name and mandated the removal of all related references from social media platforms.
Gogoro Inc v.The Controller Of Patents And Designs
Gogoro Inc appealed a rejection order passed by the Asst. Controller of Patents regarding its application for an apparatus and method for authentication and control of power storage devices. The Appellant argued that the rejection was unreasoned, failed to consider all cited prior arts (D1, D2), and lacked clarity on which claims lacked inventive step. The High Court found the impugned order deficient in reasoning and set it aside.
Novartis Ag v.Controller Of Patents And Designs
Novartis appealed the rejection of its divisional patent application, which was held by the Controller to be non-maintainable because it belonged to the same broad class as the granted parent application. The appeal challenged the ground that the subject matter formed a single inventive concept.
Telefonaktiebolaget Lm Ericsson (Pub) v.Gionee Communication Equipment Co Ltd & Anr
The defendant filed an application seeking production of various documents, including global license agreements, declarations of essentiality to ETSI, and statements of working related to Ericsson's patents. The court observed that while some documents were relevant for FRAND determination, the burden lay on the defendant to prove comparability in trial, and thus dismissed the application.
Ruptech Educational India v.Registrar Trade Marks
The Delhi High Court set aside a previous rejection of Ruptech Educational India's trademark application ('SCOTTISH HIGH EARLY YEARS') under Section 11 of the Trade Marks Act. The rejection was based on cited marks owned by Ms. Mansi Aggarwal, but subsequent to the initial order, these conflicting applications were withdrawn following a settlement agreement reached in a related commercial suit. The Court held that since the objections no longer existed, the application should proceed to advertisement.
M/S Vee Excel Drugs & Pharmaceuticals (P) Ltd. v.Union Of India & Others
The Delhi High Court dismissed the petition filed by M/S Vee Excel Drugs & Pharmaceuticals challenging an IPAB order that directed the cancellation of its registered trademark 'VEGA ASIA'. The court upheld the IPAB's finding regarding prior use by the respondent, noting that while the petitioner argued for earlier adoption and assignment rights, the evidence presented by the respondent was sufficient to establish their claim of user since 2001. This ruling underscores the strict adherence required when challenging rectification orders before a High Court.
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