1635 cases · page 24 of 55

trademark mixed ★ Landmark · Apr 20, 2022

Sanofi India Limited v.Ridley Life Science Private Limited

Delhi High Court · CS (COMM) 245/2021

Sanofi India Limited filed a suit against Ridley Life Science Private Limited alleging continuous violation of an earlier injunction order, specifically regarding the sale of products under the marks 'CONCIFLAM' and 'CORIFLAM'. The Plaintiff claimed that these infringing products were being sold despite the May 2021 restraint on using marks similar to its registered trademark 'COMBIFLAM'. The court noted the defendant's history of alleged habitual infringement in pharmaceutical preparations. Consequently, the court directed the defendant to submit detailed sales figures and imposed a significant deposit amount due to the persistent violations.

trademark plaintiff favorable · Apr 18, 2022

Government E Marketplace v.Unilex Consultants & Ors.

Delhi High Court · CS (COMM) 205/2020 & CCP(O) 25/2020 & I. As. 4967/2020, 4753-54/2021

The Delhi High Court ruled in favor of the Government E Marketplace (GeM) against various parties for misusing its brand name. The plaintiff alleged that several defendants were registering or using 'GeM' as a domain name or URL extension, misleading the public into believing they were associated with the official portal. The court granted permanent injunctions and ordered the suspension of multiple infringing domains, reinforcing the protection of government digital brands against unauthorized commercial exploitation.

patent defendant favorable · Apr 12, 2022

Dr. Reddy's Laboratories Limited & Anr. v.The Controller Of Patents & Ors.

Delhi High Court · C.O.(COMM.IPD-PAT) 3/2021 & I.As. 13644/2021, 3420/2022; C.O.(COMM.IPD-PAT) 1/2022 & I.A. 3570/2022

This judgment addressed an application seeking dismissal of a patent revocation petition on the ground that it was barred by limitation. The court examined Section 64 of the Patents Act and the concept of a 'person interested'.

patent plaintiff favorable · Apr 7, 2022

Novartis AG v.Medipol Pharmaceuticals India Pvt Ltd

Delhi High Court · CS (COMM) 501/2021 & I.A. 13256/2021

Novartis AG filed a suit seeking permanent injunction against Medipol Pharmaceuticals India Pvt Ltd and Metrochem Api Private Limited for infringing its patent (No. 233161) covering 'Eltrombopag Olamine', the API in Revolade. The court found that both defendants acknowledged the validity of the patent and admitted they had not manufactured or commercially sold the patented product, leading to a decree granting permanent injunction during the patent's term.

patent defendant favorable · Apr 6, 2022

Chugai Seiyaku Kabushiki Kaisha v.Controller Of Patents And Design

Delhi High Court · C.A.(COMM.IPD-PAT) 4/2021

Chugai Seiyaku Kabushiki Kaisha appealed the rejection of its patent application (No. 201617023236) for a solid preparation containing Tofogliflozin in monohydrate crystal form. The Controller rejected the application, citing lack of inventive step and falling under Section 3(d) because it was merely a new use/form of a known drug without enhanced efficacy.

trademark defendant favorable · Apr 6, 2022

Red Bull Ag v.Pepsico India Holdings Pvt Ltd & Anr

Delhi High Court · CS(COMM) 1092/2018, I.A. No.11452/2018

The Delhi High Court dismissed Red Bull's application for an interim injunction against Pepsico India Holdings regarding the use of the tagline 'STIMULATES MIND. ENERGIZES BODY.' by their product STING. The court found that both taglines are descriptive and laudatory in nature, meaning the plaintiff failed to establish a prima facie case at this stage. Furthermore, the balance of convenience favored the defendants given their long-standing market presence with the tagline.

trademark plaintiff favorable · Apr 6, 2022

M/S Blue Heaven Cosmetics Private Limited. v.Deepak Arora & Anr.

Delhi High Court · C.O. (COMM.IPD-TM) 9/2021 & I.As.11908-09/2021

The Delhi High Court ruled in favor of M/S Blue Heaven Cosmetics, ordering the cancellation and rectification of a conflicting trademark registered by Deepak Arora ('MARC HEAVEN'). The court found that 'MARC HEAVEN' was deceptively similar to the Petitioner's established mark 'BLUE HEAVEN,' particularly due to the appropriation of the dominant feature 'Heaven.' Citing Sections 9 and 11 of the Trade Marks Act, the judgment held that the Respondent's registration lacked distinctive character and caused public confusion.

patent remanded · Mar 31, 2022

Agriboard International Llc v.Deputy Controller Of Patents And Designs

Delhi High Court · C.A. (COMM.IPD-PAT) 4/2022

Agriboard International LLC appealed the Deputy Controller's order refusing its patent application for 'Efficient Method and Apparatus for Producing Compressed Structural Fiberboard' on grounds of lack of inventive step. The petitioner argued that the refusal was cryptic and lacked proper reasoning regarding the differences between the subject invention and the cited prior art (D1).

patent mixed · Mar 25, 2022

Novartis Ag v.Windlas Biotech Pvt Ltd

Delhi High Court · CS (COMM) 156/2021 & I.A. 6539/2021; CS(COMM) 68/2022 & I.A. 1516/2022; CS (COMM) 557/2020 & I.As. 5231/2021, 3014/2022

Novartis initiated multiple suits against various defendants, including Windlas Biotech and Eris Lifesciences, alleging infringement of Indian Patent No. IN229051, which covers a combination drug (Valsartan + Sacubitril) used to treat cardiovascular disease. The Delhi High Court addressed applications seeking interim injunctions and access to distribution details. While the court maintained an interim injunction against manufacturing and selling the patented composition, it also directed Eris Lifesciences Limited to deposit Rs. 5 crores due to the marketing of stock post-infringement.

trademark plaintiff favorable · Mar 23, 2022

Akhil Bhartiya Kayastha Mahasabha v.Akhil Bhartiya Kayastha Mahasabha & Anr.

Delhi High Court · CM(M)-IPD 2/2021 & CM APPL. 27383/2020

This appeal challenged an order from the Commercial Court which held that a suit seeking protection for the mark 'Akhil Bhartiya Kayastha Mahasabha' was not a commercial dispute. The petitioner argued that since the dispute related to their intellectual property rights—specifically, an unregistered trademark/name—it must fall under Section 2(c)(xvii) of the Commercial Courts Act, 2015. The Delhi High Court agreed with this contention, setting aside the lower court's order.

trademark plaintiff favorable · Mar 23, 2022

Kamdhenu Limited v.Raghunath Virdharam Bishnoi And Ors

Delhi High Court · CS (COMM) 524/2021 & I.A. 4506/2022

The Delhi High Court issued stringent directions in favor of Kamdhenu Limited regarding the illegal use of its trademark 'Kamdhenu' by various defendants. The court recognized that the defendants were using infringing domains and bank accounts to impersonate the plaintiff and defraud customers. Consequently, the court ordered domain registrars (GoDaddy), telecom providers, and banks to disclose KYC details of the involved parties. Furthermore, it mandated investigations into the identified individuals and mobile numbers to curb ongoing trademark infringement.

trademark defendant favorable · Mar 3, 2022

Kores (India) Limited v.Doms Industries Private Limited

Delhi High Court · CM(M)-IPD 6/2022 & CM APPLs. 10457/2022, 10458/2022

The Delhi High Court addressed a petition challenging an order that rejected the request to frame additional issues in a trademark infringement suit. The core dispute involved whether Kores' product infringed Doms' registered trademarks for 'DOMS NEON' pencils. While acknowledging the defendant's need to challenge the validity of the registrations, the court ultimately upheld the Commercial Court's decision regarding the immediate framing of additional issues, noting that all issues related to trademark validity must be dealt with by a specialized Tribunal (under Section 124 of the Trademarks Act) and not the civil court.

patent mixed · Mar 2, 2022

Saisons Trade And Industry Private Limited v.Maithri Aquatech Private Limited

Delhi High Court · CS(COMM) 214/2021

Saisons Trade And Industry Private Limited filed a suit seeking permanent and mandatory injunction against Maithri Aquatech Private Limited and others for alleged patent infringement. The defendants challenged the court's territorial jurisdiction, arguing that neither party was located in Delhi. However, the Court found that since the defendant No.1 operated an interactive website accessible globally, and Defendants No.2 & 3 were marketing agents based in Delhi, Delhi courts possessed sufficient jurisdiction to hear the matter. Consequently, the application for leave to file the suit was allowed.

trademark defendant favorable · Feb 22, 2022

Black Diamond Trackparts Private Limited v.Black Diamond Motors Private Limited

Delhi High Court · CM(M)-IPD 4/2022 & CM APPL. 8379/2022

The Delhi High Court dismissed the petition filed by Black Diamond Trackparts Private Limited challenging an order from the Commercial Court. The court upheld the necessity of protecting the registered trademark 'BLACK DIAMOND' during pending litigation, despite previous rulings that allowed both parties to use the mark under specific conditions. The judgment emphasized the limited scope of Article 227 jurisdiction and affirmed the court's power to issue protective directions regarding goods release and security deposits.

patent plaintiff favorable · Feb 17, 2022

Sotefin Sa v.Indraprastha Cancer Society And Research Center

Delhi High Court · CS(COMM) 327/2021 & I.As. 8543/2021

Sotefin Sa filed a suit seeking permanent and interim injunction against Indraprastha Cancer Society and others for the alleged infringement of its Indian Patent 214088, which covers the 'Silomat Dolly' used in automatic car parks. The Plaintiff contended that Defendants were importing 'Smart Dollies' from China that closely resembled and infringed upon their patented technology. After considering the prima facie case, balance of convenience, and irreparable loss, the Delhi High Court allowed the interim injunction.

trademark defendant favorable · Feb 17, 2022

Mr. Sanjay Chadha Trading As Eveready Tools Emporium and Another v.Union Of India And Another

Delhi High Court · W.P.(C)-IPD 12/2021

The Delhi High Court upheld the Intellectual Property Appellate Board's decision to cancel a registered trademark. The petitioners, who owned the 'EVEREADY' word mark for hand tools, challenged its removal by the respondent, Eveready Industries India Limited. However, the court found that the IPAB had thoroughly examined the evidence and concluded that the petitioners' adoption and use of the mark were dishonest and lacked continuous user. Consequently, the High Court dismissed the petition, reinforcing the importance of maintaining the purity of the trademark register.

patent defendant favorable · Feb 15, 2022

Koninklijke Philips N.V. v.Vivo Mobile Communication Co. Ltd & Ors.

Delhi High Court · CS(COMM) 383/2020

This case involves a Review Petition filed by Defendants No. 1 & 2 against an earlier order passed by the Delhi High Court. The defendants challenged the court's directions requiring them to produce third-party agreements, arguing that these documents were irrelevant to determining the essentiality of the suit patents and constituted an erroneous understanding of the facts.

patent plaintiff favorable · Feb 4, 2022

Communication Components Antenna Inc. v.Mobi Antenna Technologies (Shenzhen) Co. Ltd

Delhi High Court · CS(COMM) 977/2016

The dispute concerned the validity and potential revocation of Patent No. IN240893. Although the court had previously found the patent invalid under Section 64(1)(h) in an earlier judgment, the matter was carried out in appeal. The core issue before this bench was whether the patent could be revoked based on grounds like insufficient disclosure (Section 64(1)(h)).

patent plaintiff favorable · Feb 2, 2022

Astra Zeneca Ab And Anr. v.Natco Pharma Limited

Delhi High Court · CS(COMM) 117/2020 & CS(COMM) 129/2020

The dispute concerns alleged infringement of Indian Patents IN 205147 and IN 235625 by Natco Pharma Limited regarding the drug Dapnat/Dapagliflozin. The present application sought to release the defendant from a bank guarantee obligation, but the court declined this prayer.

patent plaintiff favorable · Feb 1, 2022

The Polo/Lauren Company L P v.Sandeep Arora & Anr.

Delhi High Court · C.O.(COMM.IPD-CR) 4/2021

The Polo/Lauren Company L P filed a rectification petition under Section 50 of the Copyright Act, 1957, challenging the copyright registration of 'SPORTS POLO' held by Sandeep Arora & Anr. The petitioner argued that the respondent's logo substantially reproduced its well-known trademarks and artistic marks. The court found that the respondent's artwork was an imitation of the petitioner's registered marks, lacking originality, and therefore wrongly registered. Consequently, the court allowed the petition and directed the cancellation of the impugned copyright registration.

patent interim order · Jan 7, 2022

Koninklijke Philips N.V. v.Vivo Mobile Communication Co. Ltd & Ors.

Delhi High Court · CS (COMM) 383/2020 & CC(COMM) 4/2021

Koninklijke Philips N.V. filed a suit alleging that Vivo Mobile Communication Co. Ltd was infringing five of its patents related to telecommunication standards (UMTS, LTE, etc.). The current application sought discovery through interrogatories and production of license agreements with chipset providers like Qualcomm and MediaTek. The court partly allowed the application, directing the defendants to answer specific questions and provide relevant third-party agreements in a sealed cover.

trademark defendant favorable · Jan 6, 2022

Hamdard National Foundation (India) v.Sadar Laboratories Pvt. Limited

Delhi High Court · CS (COMM) 551/2020

The Delhi High Court dismissed the plaintiffs' application for an ad interim injunction against Sadar Laboratories, which was seeking protection for its well-known trademark 'Rooh Afza'. The court found that while 'Rooh Afza' may be a strong mark, the defendant's use of 'Dil Afza' did not necessarily cause consumer confusion, especially given the long history and peaceful co-existence of similar marks in the pharmaceutical market. However, the defendant was directed to maintain detailed sales accounts during the pendency of the suit.

trademark mixed · Jan 3, 2022

Inter Ikea Systems B V v.Italica Floor Tiles Pvt. Ltd. & Anr.

Delhi High Court · CS(COMM) 628/2019 (I.A. 3466/2020 & I.A.3467/2020)

The Delhi High Court allowed applications filed by the defendants (Italica Floor Tiles) seeking to set aside an earlier ex parte decree passed against them for trademark infringement. The court acknowledged that while the plaintiffs had a strong case regarding their established brand, the procedural lapse and lack of opportunity for the defendants to present their defense warranted reconsideration. Consequently, the ex parte order was set aside, and the main suit has been revived, allowing both parties to proceed on the merits.

trademark settled · Dec 23, 2021

Roland Corporation v.Hi Tone Electronics

Delhi High Court · RFA(OS)(COMM) 2/2021

The Delhi High Court resolved the dispute between Roland Corporation and Hi Tone Electronics through successful mediation. The parties agreed to a comprehensive settlement that involved mutual withdrawals of cancellation petitions and opposition proceedings related to their respective trademarks. Crucially, HiTone agreed to change its mark and use it in combination with Roland's 'BOSS' trademark for specific products, while Roland also consented to certain changes regarding HiTone's marks.

patent plaintiff favorable · Dec 13, 2021

Novartis Ag v.Natco Pharma Limited

Delhi High Court · CS(COMM) 256/2021

Novartis sought an interlocutory injunction against Natco Pharma Limited for allegedly infringing its suit patent (IN 233161) covering the drug Eltrombopag Olamine, marketed as REVOLADE. The defendant contested by questioning the patent's validity under Section 64 of the Patents Act. The court found that infringement was established and there was no prima facie case of vulnerability to revocation, thus granting the injunction.

patent remanded · Dec 1, 2021

Communication Components Antenna Inc. v.Mobi Antenna Technologies (Shenzhen) Co. Ltd. & Ors.

Delhi High Court · RFA(OS)(COMM) No.6/2021

The appeal challenged a single judge's judgment that invalidated the Appellant's patent IN240893 under Sections 64(1)(h) and (k) of the Patents Act, 1970. The High Court held that since no issues were framed regarding these specific grounds for revocation, the learned Single Judge could not have entertained them.

patent defendant favorable · Nov 15, 2021

Eli Lilly And Company & Ors. v.Bryan Pharmaceuticals Through Its Proprietor Mr. Laxmi Kand Pal / Navneet Kand Pal & Ors.

Delhi High Court · CS(COMM) 439/2021

In this pharmaceutical dispute, Eli Lilly sued several companies for marketing its patented compound Baricitinib under a brand name ('Barinat') for rheumatoid arthritis, allegedly breaching licensing agreements that restricted use solely to COVID-19 treatment. The court addressed an application by one defendant (Defendant No. 11), who claimed the marketing was an inadvertent error and no sales had occurred. After the defendant provided undertakings not to market or sell the drug for any ailment other than COVID-19, the plaintiff agreed that no cause of action survived against this specific defendant, leading to its removal from the suit.

trademark mixed · Nov 12, 2021

Bacardi And Company Limited v.Bahety Overseas Private Limited & Ors.

Delhi High Court · CS (COMM) 464/2021

This Delhi High Court order addresses a suit concerning trademark infringement where the plaintiff sought permanent injunction against the defendants. The court reviewed an application filed by the defendant seeking vacation of the existing interim injunction, which was granted previously. The judge directed the defendant to place on record the memorandum of appeal and produce evidence regarding similar bottle shapes, while also addressing a counter-application by the plaintiff alleging non-compliance with the original injunction.

trademark mixed · Nov 9, 2021

Ampm Fashions Private Limited v.Mr. Akash Anil Mehta, Partner Of Ampm Designs & Anr.

Delhi High Court · I.A. No.6026/2020 in CS(COMM)No.272/2020

The Delhi High Court addressed an interim injunction application concerning the use of the 'AMPM' trademark. While the plaintiff asserted its mark was well-known and infringed upon by the defendant's stylized version, the court declined to grant the requested injunction. However, in a compromise, the defendants agreed to prominently display a specific subtitle ('Interior design by Akash Mehta and Poonam Mehta') alongside their impugned mark and submit quarterly turnover accounts to the court.

trademark plaintiff favorable · Nov 9, 2021

Reckitt Benckiser India Private Limited v.Hindustan Unilever Limited

Delhi High Court · CS(COMM) 340/2021 (IA No.8999/2021)

Reckitt Benckiser India Private Limited filed an application seeking injunction against Hindustan Unilever Limited, alleging that a campaign of advertisements by HUL was designed to vilify and denigrate its popular toilet cleaner brand, HARPIC. The plaintiff argued that these ads disparaged the product's effectiveness and sought to divert market share to HUL's DOMEX. The court examined whether the defendant's advertising amounted to passing off or defamation of goodwill.

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