Delhi High Court
1664 cases · page 25 of 56
Showing 721–749Akhil Bhartiya Kayastha Mahasabha v.Akhil Bhartiya Kayastha Mahasabha & Anr.
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.
Kamdhenu Limited v.Raghunath Virdharam Bishnoi And Ors
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.
Kores (India) Limited v.Doms Industries Private Limited
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.
Saisons Trade And Industry Private Limited v.Maithri Aquatech Private Limited
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.
Black Diamond Trackparts Private Limited v.Black Diamond Motors Private Limited
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.
Sotefin Sa v.Indraprastha Cancer Society And Research Center
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.
Mr. Sanjay Chadha Trading As Eveready Tools Emporium and Another v.Union Of India And Another
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.
Koninklijke Philips N.V. v.Vivo Mobile Communication Co. Ltd & Ors.
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.
Communication Components Antenna Inc. v.Mobi Antenna Technologies (Shenzhen) Co. Ltd
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)).
Astra Zeneca Ab And Anr. v.Natco Pharma Limited
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.
The Polo/Lauren Company L P v.Sandeep Arora & Anr.
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.
Koninklijke Philips N.V. v.Vivo Mobile Communication Co. Ltd & Ors.
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.
Hamdard National Foundation (India) v.Sadar Laboratories Pvt. Limited
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.
Inter Ikea Systems B V v.Italica Floor Tiles Pvt. Ltd. & Anr.
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.
Roland Corporation v.Hi Tone Electronics
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.
Novartis Ag v.Natco Pharma Limited
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.
Communication Components Antenna Inc. v.Mobi Antenna Technologies (Shenzhen) Co. Ltd. & Ors.
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.
Eli Lilly And Company & Ors. v.Bryan Pharmaceuticals Through Its Proprietor Mr. Laxmi Kand Pal / Navneet Kand Pal & Ors.
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.
Bacardi And Company Limited v.Bahety Overseas Private Limited & Ors.
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.
Reckitt Benckiser India Private Limited v.Hindustan Unilever Limited
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.
Ampm Fashions Private Limited v.Mr. Akash Anil Mehta, Partner Of Ampm Designs & Anr.
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.
Novartis AG v.Natco Pharma Limited
Novartis AG filed a suit alleging infringement of its Indian Patent No. 229051, which covers a pharmaceutical composition combining Valsartan and Sacubitril. The dispute centered on whether Natco Pharma Limited's product, described as a supra molecular complex, infringed the patented combination.
Relaxo Footwears Limited v.Aqualite Industries Pvt Limited
Relaxo Footwears Limited filed an application seeking an ex parte injunction against Aqualite Industries Pvt Limited, alleging that the latter was unlawfully imitating and pirating its distinctive footwear designs. The plaintiff highlighted that two specific slipper designs were duly registered under the Designs Act, 2000. After considering the prima facie evidence presented by both parties, the court found that the defendant had copied the plaintiff's designs. Consequently, the court granted an interim injunction restraining the defendant from using the infringing designs.
Vikas Gupta & Anr v.M/S Sahni Cosmetics
The Delhi High Court upheld a lower court's decision, confirming an injunction that allowed M/S Sahni Cosmetics to continue using the trademark 'NEHA' for face cream. The court prioritized the defendant's established prior use of the mark dating back to 2003 over the plaintiff's claims, despite arguments regarding regulatory compliance under the Drugs and Cosmetics Act. This decision underscores the importance of demonstrating long-standing market presence in trademark disputes.
M/S Gulab Oil And Food (Ahmedabad) Pvt. Ltd. v.Smt. Madhu Gupta
The Delhi High Court dismissed the appeal filed by M/S Gulab Oil And Food, upholding the District Judge's interim order that prohibited the appellant from trading and selling 'Gulab' Namkeen products. The court found a prima facie case for confusion between the marks, noting that consumers identify the plaintiff's products solely by asking for 'Gulab.' Furthermore, it held that since namkeen is an allied product to the registered goods (Gajak/Rewari), Section 29 of the Trade Marks Act was attracted, thus justifying the interim protection.
Bristol-Myers Squibb Ireland Unlimited Company v.Micro Labs Limited
The plaintiffs filed a suit seeking permanent injunction against Micro Labs Limited for infringing their registered patent (No. 247381) related to Apixaban, an anticoagulant drug. The court considered the prior history of similar cases and granted an ex-parte ad- interim injunction restraining the defendant from manufacturing or selling generic Apixaban under any brand name, including 'APIVAS'.
Communication Components Antenna Inc. v.Mobi Antenna Technologies (Shenzhen) Co. Ltd.
This litigation involves Communication Components Antenna Inc. challenging Mobi Antenna Technologies (Shenzhen) Co. Ltd.'s alleged infringement of Indian Patent No. IN240893, which relates to 'Asymmetrical Beams for Spectrum Efficiency' in wireless communication systems. The core dispute revolves around the validity of this patent, as raised by the defendant through a counterclaim. While the court analyzed grounds of revocation under Sections 64(d), (e), and (f) of the Patents Act, 1970, it ultimately decided to list the suit for further consideration, indicating that the matter remains unresolved.
Sulphur Mills Limited v.Dharmaj Crop Guard Limited & Anr.
The suit alleged infringement of Plaintiff's patent (IN'429) related to a novel agricultural composition used as a fertilizer. The Plaintiff claimed that Defendant No.1 was manufacturing and selling infringing products under brand names 'SUFFAR 90' and 'COZY WET 90 WDG'.
Merck Sharp And Dohme Corp. v.Sms Pharmaceuticals Limited
Merck Sharp And Dohme Corp. filed a suit seeking an injunction against Sms Pharmaceuticals Limited for infringing its patent on Sitagliptin, an anti-diabetic drug. The court initially granted an ex-parte ad interim injunction in favor of Merck. However, upon considering the defendant's request under Section 107A (Bolar exemption), the court modified the injunction to allow limited export of the API for research and development purposes.
Astrazeneca Ab v.Intas Pharmaceuticals Limited, Alkem Laboratories Ltd., Zydus Healthcare Limited & Anr., Torrent Pharmaceuticals Limited, Micro Labs Limited, MSN Laboratories Private Limited, Eris Lifesciences Limited, USV Private Limited, Ajanta Pharma Limited
This Delhi High Court judgment addresses multiple appeals filed by AstraZeneca seeking interim relief to restrain various pharmaceutical companies from infringing its patents. The core issue revolved around whether AstraZeneca was entitled to an immediate injunction while the underlying suits for permanent injunction were pending. The court ultimately dismissed all nine appeals, finding no merit in the appellants' claims.
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