1664 cases · page 30 of 56

design defendant favorable · Jan 24, 2019

M/S Crocs Inc Usa v.M/S Bata India Ltd & Ors

Delhi High Court · 38584045

Crocs Inc filed multiple suits alleging infringement of its registered designs (No.197685 and No.197686) by various defendants, including Bata India Ltd. Crocs claimed exclusive rights over the unique shape and pattern of its footwear designs, supported by extensive global trade and goodwill. The present appeal challenged the dismissal of Crocs' applications in these pending suits. However, the High Court dismissed the appeals, directing that all related suits be listed together for further proceedings.

patent plaintiff favorable · Jan 24, 2019

DSM Sinochem Pharmaceuticals Netherlands B.V & Anr. v.Sinopharm Weiqida Pharmaceutical Co (WQD) & Anr.

Delhi High Court · 19535625

The suit was filed seeking permanent injunction against infringement of a process patent related to 'Amoxicillin Trihydrate'. The application before the court sought contempt proceedings due to alleged violation of an earlier interim order. The court found that the defendant's manufacturing process was virtually identical to the patented process, thus violating the interim restraint.

trademark plaintiff favorable · Jan 21, 2019

M/S Khushi Ram Behari Lal (later M/s. KRBL Ltd.) v.M/S Jaswant Singh Balwant Singh

Delhi High Court · 198861587

The Delhi High Court set aside a previous decision by the Intellectual Property Appellate Board, favoring the petitioner in a trademark dispute over the 'TRAIN BRAND.' The court found that the respondent failed to prove prior use of the mark, particularly noting discrepancies and alleged forgery in the invoices presented. Consequently, the application for registration of the 'TRAIN' brand for basmati rice was allowed to proceed.

patent defendant favorable · Jan 10, 2019

Carlos Alberto Perez Lafuente v.Uoi & Ors.

Delhi High Court · 16011818

The petitioner challenged the Deputy Controller of Patents & Designs' decision to refuse examination and treat his patent application as withdrawn due to a delay in filing Form-18 (request for examination). The court examined the relevant sections of the Patents Act, 1970, and held that since the request was made outside the prescribed time limit based on the earlier date (priority date), the petition lacked merit.

trademark defendant favorable · Jan 8, 2019

Roderick John Andrew Mackenzie v.Himalayan Heli Services Pvt. Ltd.

Delhi High Court · 129749200

Roderick John Andrew Mackenzie filed a suit alleging that Himalayan Heli Services Pvt. Ltd. was infringing his registered copyright in the artistic work titled 'HIMLAYAN HELI SERVICES'. The plaintiff claimed the defendant was illegally using his pictorial representation on various business materials. However, the court examined the history of the company and its logo design, finding evidence suggesting the defendant's original creation and use of the insignia, particularly incorporating the symbol of 'Dorje', leading to the dismissal of the application against the plaintiff.

trademark The Court passed a decree in favor of the Plaintiff, restraining the Defendants from using 'PLUS' and its associated trade dress, and awarded damages of Rs. 5,00,000 to the Plaintiff. · Dec 18, 2018

dharampal satyapal sons pvt ltd v.mr satish kumar

Delhi High Court · 82079752

Dharampal Satyapal Sons Pvt Ltd (Plaintiff) sued Mr. Satish Kumar & Ors (Defendants) for infringement of their registered trademark 'PULSE' on candies, alleging deceptive similarity to the Defendants’ brand ‘PLUS’ and trade dress. Both parties were selling candies in class 30, with the Plaintiff claiming significant market share and goodwill.

trademark plaintiff favorable · Dec 6, 2018

Red Bull Ag v.C. Eswari & Ors.

Delhi High Court · 72582989

The Delhi High Court ruled in favor of Red Bull Ag, declaring its 'Double Bull Device' and 'Single Bull Device' trademarks as well-known marks in India. The court found that Red Bull's extensive global presence, massive sales figures (controlling 97.3% of the Indian energy drink market), and widespread promotion satisfied the criteria for a well-known trademark under the Trade Marks Act, 1999. This declaration provides strong legal backing to prevent unauthorized use by defendants in related goods.

trademark plaintiff favorable · Nov 26, 2018

Luxembourg Brands S.A R.L & Anr v.G.M Pens International Pvt Ltd

Delhi High Court · 30094466

The Delhi High Court partially decreed the suit for trademark infringement and passing off. Despite previous settlements where the defendant agreed to cease using certain marks, the court found that the defendant continued manufacturing and selling products under the mark 'TERAMAX'. Consequently, the court imposed a penalty of ₹5 lakh on the company's directors and mandated a detailed accounting and independent audit of all net revenue earned from the infringing sales.

trademark defendant favorable · Nov 22, 2018

Kama Ayurveda Private Limited v.Rwl Healthworld Ltd. & Ors

Delhi High Court · 18474844

Kama Ayurveda sought an interim injunction against Rwl Healthworld, alleging that the defendant's product packaging was deceptively similar to its own 'Eladi Hydrating Ayurvedic Face Cream,' thereby constituting passing off. The Delhi High Court examined both products and found material distinctions in shape, color scheme (gold/cream vs. white/off-white), and floral patterns. Ultimately, the court concluded that a common purchaser would not be misled, dismissing the plaintiff's application for an interim order.

trademark defendant favorable · Nov 22, 2018

Biofarma v.Bal Pharma Limited

Delhi High Court · 69495274

The Delhi High Court dismissed Biofarma's suit against Bal Pharma Limited concerning passing off and trade dress infringement. The court found that the plaintiff could not claim exclusive rights over the term 'MEX' because it was an acronym ('Metformin Extended Release') derived from the principal drug ingredient, rendering it descriptive and publici juris in the pharmaceutical trade. Consequently, the defendant was permitted to continue using the mark without infringing on the plaintiff’s established brand.

trademark plaintiff favorable · Nov 12, 2018

Skullcandy Inc v.Shri Shyam Telecom & Ors

Delhi High Court · 121169709

Skullcandy Inc filed a suit against Shri Shyam Telecom and other entities, including the e-commerce platform Shopclues.com, alleging infringement of its 'SKULLCANDY' trademark through the sale of counterfeit products. The core legal dispute centered on whether the online marketplace could claim immunity as an intermediary under the IT Act. The Delhi High Court ruled in favor of Skullcandy, finding that the website's operational features—such as guaranteeing 100% genuine products and maintaining a 'Replica' category—demonstrated a role beyond that of a passive intermediary.

trademark mixed · Nov 1, 2018

Sun Pharmaceutical Industries Limited v.Systopic Laboratories Limited

Delhi High Court · 13800732

The Delhi High Court allowed Sun Pharmaceutical Industries Limited to frame a new issue in its ongoing suit against Systopic Laboratories Limited. The core dispute involves the similarity between the trademarks 'STORVAS' and 'ORVAS'. Crucially, the court permitted the framing of an additional issue questioning the validity and potential cancellation of the defendant's trademark registration (No. 1328403). This decision was influenced by recent Supreme Court dicta emphasizing the necessity of addressing pleas of invalidity.

design defendant favorable · Oct 25, 2018

Pentel Kabushiki Kaisha v.M/S Arora Sationers

Delhi High Court · 40871547

This case involves a dispute over design rights concerning a pen. The defendants filed an application seeking to amend their written statement, claiming that they had subsequently received a Certificate of Registration for Design No. 282909 in Class 19-06. The plaintiffs opposed the amendment, arguing it was mutually destructive and that the trial had already commenced. However, the court allowed the amendment, finding that the registration was a subsequent development and not fundamentally contradictory to the earlier pleas.

trademark defendant favorable · Oct 23, 2018

Pankaj Sales Corporation v.Indra Jain Industries

Delhi High Court · 165382209

The Delhi High Court dismissed an execution petition filed by Pankaj Sales Corporation against Indra Jain Industries. The dispute centered on whether the judgment debtor was violating a consensual decree related to trademark use. The court ruled that while the defendant was bound by the settlement agreement regarding specific registered trademarks (TRISHUL/TRIDENT and TRISHUL), the plaintiff could not claim exclusive rights over an unreferenced label design presented in the execution petition. Consequently, the attempt to enforce the alleged violation failed.

copyright plaintiff favorable · Sep 27, 2018

Radio Next Webcastion Pvt. Ltd. v.Union Of India And Anr.

Delhi High Court · 33787531

Radio Next Webcastion Pvt. Ltd. challenged an administrative order that declined to list its application under Section 31D of the Copyright Act before the Intellectual Property Appellate Board (IPAB). The denial was based on the absence of a dedicated technical member for copyright matters. The Delhi High Court examined whether the IPAB, which is primarily constituted under the Trade Marks Act, could exercise jurisdiction over copyright issues. The court held that due to statutory amendments, the existing Appellate Board has sufficient jurisdiction and can proceed with examining copyright applications despite the temporary vacancy in specialized membership.

trademark mixed · Sep 20, 2018

Joy Creators Pvt Ltd v.Natures Essence Pvt Ltd

Delhi High Court · 171942763

The Delhi High Court addressed a trademark infringement suit concerning the use of 'Honey & Almonds' in cosmetic products. While the Plaintiff sought an injunction against the Defendant's use of the phrase, the court allowed the Defendant to continue using 'Almond and Honey' as a descriptive ingredient term. However, strict conditions were imposed on packaging design, ensuring that this descriptive phrase does not gain undue prominence over the Defendant's own trademark, 'Nature's Essence'.

trademark plaintiff favorable · Sep 14, 2018

Prime Comfort Products Private Limited v.Lal Bahadur Trading As Sulakshmi Enterprises

Delhi High Court · 150666097

The Delhi High Court dismissed the defendant's application for summary judgment, upholding its territorial jurisdiction to hear the trademark infringement suit. The plaintiff successfully argued that the defendant was conducting business and soliciting sales within Delhi via its website and through market confusion involving distributors in the region. This ruling reinforces the principle that digital presence and market impact within a specific territory can establish jurisdictional grounds under IP law.

design defendant favorable · Aug 23, 2018

M/S Aashiana Rolling Mills Ltd v.M/S Kamdhenu Ltd

Delhi High Court · 191599286

This appeal addressed an interim injunction sought by Kamdhenu Ltd against M/S Aashiana Rolling Mills Ltd for alleged infringement of a registered design on TMT steel bars. Kamdhenu claimed its unique surface pattern was protected, while Aashiana argued that the design merely replicated a widely accepted British Standard (BS 4449:2005). The Delhi High Court ultimately set aside the injunction, finding that Kamdhenu's registration was suspect because it relied on a commonly applicable standard available in the public domain.

trademark defendant favorable · Aug 17, 2018

Global Car Group Pte. Limited & Anr v.Droom Technology Private Limited

Delhi High Court · 109199396

The Delhi High Court addressed a dispute over alleged disparagement between Cars24 (Plaintiffs) and Droom Technology (Defendants). Plaintiffs claimed that the defendant's advertising campaign, which used similar catchphrases and visual elements, was designed to denigrate their brand. However, the court found that the defendant had sufficiently modified its advertisement and that the phrase 'DON’T BE A BAKRA' was an integral part of the defendant's registered trademark, not a disparaging reference to the plaintiffs. Consequently, the court allowed the defendant to continue using the revised advertisement during the pendency of the suit.

trademark plaintiff favorable · Aug 6, 2018

Tata Sons Ltd & Anr v.Krishna Kumar & Ors.

Delhi High Court · 93335177

The Delhi High Court ruled in favor of Tata Sons Ltd, granting permanent injunctions and awarding substantial damages against the defendants for trademark infringement and passing off. The suit centered on the unauthorized use of the well-known 'TATA' mark and associated domain names (www.tatafinserve.com). Given that the defendants evaded court proceedings, the Court emphasized the principle of corrective justice, holding them liable for punitive damages.

trademark mixed · Aug 2, 2018

Turning Point & Anr. v.Turning Point Institute Private Ltd

Delhi High Court · 21158031

This appeal addressed a dispute over the use of the mark 'TP TURNING POINT' in the educational sector. The appellant challenged an order that had restricted its use of the trademark, while the respondent claimed prior usage rights dating back to 1994. The court focused on setting aside the restrictive injunction granted against the appellant. The High Court ultimately allowed the appeal regarding the interlocutory injunction, quashing the previous order and dismissing IA 16232/2015. However, the judgment noted that it was prima facie and interlocutory in nature, leaving the core merits of the trademark dispute unresolved.

design mixed · Aug 1, 2018

Dart Industries Inc & Anr v.Polyset Plastics Pvt Ltd & Ors

Delhi High Court · 6409308

Dart Industries Inc filed a suit alleging infringement of its registered designs for bottles and caps. The plaintiff claimed that the defendant was selling products identical or obvious imitations of their protected designs, including the Aqua Safe bottle and Eco Flip Top bottle. The court examined the prima facie case, irreparable loss, and balance of convenience before deciding on the interim relief. Consequently, the court allowed the injunction application for the plaintiff while dismissing other related applications.

design mixed · Aug 1, 2018

Dart Industries Inc & Anr v.Polyset Plastics Pvt Ltd & Ors

Delhi High Court · 4471514

Dart Industries Inc filed a suit alleging infringement of its registered designs for bottles and caps (Aqua Safe and Eco Flip Top) against Polyset Plastics Pvt Ltd. The plaintiff demonstrated that their unique and popular product designs were being imitated by the defendant. The court examined the prima facie case, irreparable loss, and balance of convenience before deciding on interim relief.

trademark defendant favorable · Aug 1, 2018

Galderma S.A And Anr v.Medsea Healthcare Pvt Ltd

Delhi High Court · 56172082

The Delhi High Court dismissed the defendant's application seeking a summary dismissal of the trademark infringement suit. The court noted that while the plaintiffs had assigned their rights to the mark Q-MED, the timing and effect of this assignment were complex and required full trial evidence. Given the ongoing dispute over ownership changes and alleged concealment, the court ruled that the core issues could not be resolved summarily, allowing the main litigation to proceed.

trademark mixed · Jul 27, 2018

Praneet Singh Davar v.L S Davar & Co & Ors

Delhi High Court · 20720624

The Delhi High Court addressed an appeal challenging a previous interim order that restricted the appellant's association with the respondent firm. While acknowledging the initial prohibition, the court clarified that the single judge's recorded 'prima facie' opinion regarding trademark rectification was not a final determination. The judgment directs the Registrar of Trademarks to proceed with the rectification proceedings based on merits, independent of the prior preliminary view.

trademark defendant favorable · Jul 17, 2018

Citicorp Business & Financial Services Pvt Ltd v.Citi Group Inc & Anr

Delhi High Court · 3324199

This appeal challenged a single judge's order that had attached the bank accounts of Citicorp Business & Financial Services Pvt Ltd due to non-compliance with previous injunction orders regarding trademark infringement and passing off. The Delhi High Court dismissed the appeal, holding that there was no statutory provision for an appeal against such an order under Order XXXIX Rule 2A CPC. Furthermore, the court found that the appellant's subsequent failure to comply with a one-month compliance statement made before the judge demonstrated bad faith.

patent plaintiff favorable · Jul 12, 2018

Koninklijke Philips Electronics N.V. v.Rajesh Bansal, Sole Proprietor

Delhi High Court · 156062069

Koninklijke Philips Electronics N.V. filed two suits alleging infringement of its Indian Patent No. 184753, which covers channel decoding technology used in DVD video players. The plaintiff claimed this patent was essential for the industry. Although the suit patent had expired by the time of judgment, the Delhi High Court found that the defendants were infringing the patent and liable to pay royalties at FRAND rates. Furthermore, due to the defendant's conduct as a former employee, punitive damages were awarded against Rajesh Bansal.

trademark plaintiff favorable · Jul 9, 2018

The Gillette Company Llc v.Tigaksha Metallics Private Ltd. & Anr

Delhi High Court · 40034135

The Delhi High Court allowed the plaintiff, The Gillette Company Llc, to continue its existing interim injunction against the defendants regarding alleged trademark infringement and passing off. The court found that the balance of convenience favored the plaintiff due to their prior use of the mark compared to the defendants' recent adoption. This decision maintains the status quo while the main suit proceeds, though the plaintiff must compensate the defendant for any losses incurred if they ultimately fail in the litigation.

trademark plaintiff favorable · Jul 9, 2018

Insecticides (India) Limited v.Parijat Industries (India) Pvt Ltd

Delhi High Court · 156301339

The Delhi High Court ruled in favor of Insecticides (India) Limited, granting a permanent injunction against Parijat Industries (India) Pvt Ltd for passing off. The court found that the defendant's use of 'VICTOR 80' was deceptively similar to the plaintiff's established mark 'VICTOR', despite arguments regarding prior use and registration complexities. This judgment reinforces the principle that prior user rights can prevail over subsequent adoption, even if the latter is claimed in good faith.

trademark mixed · Jul 5, 2018

Eih Ltd. v.Sahana Realty Pvt. Ltd.

Delhi High Court · 85706402

The Delhi High Court addressed challenges to the court's territorial jurisdiction in a trademark infringement dispute brought by EIH Ltd. against Sahana Realty Pvt. Ltd. The plaintiffs alleged that the defendants' use of 'THREE SIXTY WEST' and 'OBEROI' infringed their established luxury brand rights. The court ultimately dismissed the applications challenging its jurisdiction, affirming that the cause of action arose within Delhi due to consumer confusion and business activities in the region.

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