1680 cases · page 30 of 56

trademark plaintiff favorable · Apr 2, 2019

Tata Sky Limited v.National Internet Exchange Of India (NIXI)

Delhi High Court · 178116289

Tata Sky Limited filed suit seeking permanent injunction against an individual (D-3) for passing off the 'TATA SKY' trade mark, and mandatory injunctions against NIXI (D-1) and GoDaddy (D-2) to prevent or extinguish deceptively similar domain names. The court granted decrees in favor of Tata Sky Limited against D-3, ordering permanent injunction, and against D-1 and D-2, directing the extinguishment of specific listed domain names.

patent mixed · Mar 29, 2019

Supreme Agrofoods Pvt. Ltd. v.Union Of India

Delhi High Court · 169734882

Supreme Agrofoods Pvt. Ltd. sought judicial direction from the Delhi High Court to compel the Union of India (Trademark Registry) to accept the renewal and/or restoration of its registered trademark, No. 1235463. The court disposed of the writ petition by allowing the petitioner a four-week window to submit the necessary renewal request along with the required restoration fee. This order clarifies that once submitted, the Trademark Registry will consider the application according to law.

trademark defendant favorable · Mar 26, 2019

Surya Food And Agro Limited v.Om Traders & Anr.

Delhi High Court · 83761276

The Delhi High Court dismissed Surya Food And Agro Limited's suit against Om Traders and others, which alleged passing off based on similar packaging trade dress. The court found that despite the plaintiff's claims regarding distinctive packaging for 'BUTTER DELITE,' there was no sufficient similarity or likelihood of confusion with the defendant's product, 'BUTTER KRUNCH.' The judgment emphasized consumer perception principles (Gestalt Psychology), concluding that consumers recall products holistically rather than focusing on minute details of the packaging.

copyright defendant favorable · Mar 25, 2019

Achla Sabharwal v.A. Saptrishi Films & Ors.

Delhi High Court · 60031751

This appeal challenged an order directing the plaintiff's plaint back to be filed in a competent jurisdiction. The core dispute revolved around the exclusive ownership and jurisdiction rights concerning the film 'BETI No.1'. While the appellant claimed sole copyright ownership based on an agreement, the respondents relied heavily on a clause stipulating that all disputes must be heard exclusively by courts in Mumbai. The Delhi High Court ultimately upheld the trial court's order.

trademark mixed · Mar 25, 2019

Roopak Stores Pvt. Ltd. v.Roopaks Pik-N-Pay

Delhi High Court · 47486622

The Delhi High Court addressed an injunction application filed by Roopak Stores Pvt. Ltd. against Roopaks Pik-N-Pay regarding alleged trademark infringement of 'ROOPAK'. While the plaintiffs sought a complete restraint, the court acknowledged the defendants' long-standing use of the mark since 1994 and noted unexplained delay in filing the suit (2017). Consequently, instead of granting an outright injunction, the Court ordered the defendants to cease using variants of the mark while simultaneously mandating them to file detailed accounts from 1993-94 to facilitate a fair trial.

patent plaintiff favorable · Mar 18, 2019

Gopal Ji Gupta v.Union Of India & Anr

Delhi High Court · 136684572

The Delhi High Court ruled in favor of Gopal Ji Gupta regarding the renewal of his trademark 'BINACA'. The court held that since the Registrar failed to issue mandatory notice (Form O-3) before the mark was removed from the register, the rejection of the renewal application as time-barred was legally flawed. Consequently, the respondents were directed to consider the petitioner's renewal request, provided late fees are paid.

patent mixed · Mar 13, 2019

Lalit Kumar Arya & Anr. / Chaya Devi v.M/S Prabhat Zarda Factory International (Noida) / Family Members

Delhi High Court · 97734490

This Delhi High Court judgment addresses complex disputes over several family-owned trademarks, including 'RATNA' and 'PRABHAT ZARDA'. The core conflict revolves around the ownership of these marks following the death of the original proprietor, Sh. Lalit Kumar Arya, and subsequent assignment to his daughter-in-law, Smt. Chaya Devi. The court has directed that the validity of the trademark assignments and the enforcement of existing injunctions must be adjudicated during the trial, acknowledging the intricate family succession issues.

trademark plaintiff favorable · Mar 12, 2019

Filex Systems Pvt. Ltd. v.Deepika File Products

Delhi High Court · 55629878

The Delhi High Court ruled in favor of Filex Systems Pvt. Ltd., granting a permanent injunction against Deepika File Products for passing off the plaintiff's trade name 'FILEX'. The court found that despite the defendant's arguments regarding prior use or lack of registration, the extensive and long-standing use of 'FILEX' by the plaintiff had established significant goodwill and reputation in the stationery market. This judgment underscores the protection afforded to unregistered marks when passing off is involved.

patent plaintiff favorable · Feb 28, 2019

Symphony Ltd. v.Thermo King India Pvt Ltd

Delhi High Court · 31084417

Symphony Ltd. filed a suit against Thermo King India Pvt Ltd alleging that its air cooler model, 'Thermoking Typhoon,' substantially imitated Symphony's registered design for the 'Symphony Storm 70i.' The court found that the Defendant's product was a substantial imitation of the protected design. Despite the Defendant initially raising defenses regarding prior publication and difference in designs, the court ruled in favor of the Plaintiff, granting permanent injunction and awarding damages.

patent plaintiff favorable · Feb 28, 2019

Symphony Ltd. v.Life Plus Appliances

Delhi High Court · 63948356

Symphony Ltd. filed a suit against Life Plus Appliances alleging infringement of its registered designs for air coolers. The Plaintiff demonstrated that the Defendant's models, 'Tower' and 'Tycoon', were substantial imitations of Symphony's protected designs (Storm 70i, Sumo, and Winter). Despite the Defendant raising defenses regarding prior publication based on advertisements and trademark applications, the court found these claims unsubstantiated. Consequently, the court decreed the suit in favor of Symphony Ltd., granting a permanent injunction and awarding damages.

patent plaintiff favorable · Feb 27, 2019

Living Media India Limited v.Lallantop Media And Anr.

Delhi High Court · 2088206

The Delhi High Court ruled in favor of Living Media India Limited, finding that Lallantop Media and Anr. infringed upon its trademark rights by registering and using the similar domain name 'THELALLANTOP.NET'. The court granted a permanent injunction against the defendant's use of the domain and directed the registrar to facilitate the transfer of the domain name to the plaintiff. This judgment reinforces the importance of protecting established online brand identities in the digital media space.

trademark plaintiff favorable · Feb 25, 2019

Brahmos Aerospace Pvt. Ltd. v.Fiit Jee Limited & Anr.

Delhi High Court · 8251477

The Delhi High Court granted an interim injunction favoring Brahmos Aerospace Pvt. Ltd., a well-known aerospace and defense entity, against Fiit Jee Limited & Anr. The plaintiff alleged that the defendants were dishonestly adopting the prestigious 'BRAHMOS' trademark for educational services, causing confusion among students who believed their tests were affiliated with the renowned company. Citing the strong prima facie case, the court ruled that allowing continued use by the defendants would cause irreparable loss to Brahmos’s goodwill and reputation.

patent plaintiff favorable · Feb 22, 2019

Onyx Therapeutics, Inc. v.Union Of India & Ors

Delhi High Court · 71348904

Onyx Therapeutics, Inc. challenged procedural orders issued by the Controller General of Patents concerning a post-grant opposition filed against their Indian Patent No. 255964. The petitioner argued that denying them the opportunity to cross-examine expert witnesses relied upon by the opponent violated principles of natural justice. The Delhi High Court agreed, finding that the denial vitiated the proceedings and set aside the impugned orders.

patent plaintiff favorable · Feb 19, 2019

Hindustan Unilever Limited v.Eureka Forbes Limited & Anr

Delhi High Court · 78530201

Hindustan Unilever Limited sued Eureka Forbes Limited for infringement of its water purifier patent (IN 198316). The defendants challenged the suit by arguing that an infringement suit is not maintainable against another registered patentee. The court ultimately held that a patentee is entitled to maintain such a suit, deciding the preliminary issue in favor of the plaintiff.

patent defendant favorable · Feb 14, 2019

Bayer Intellectual Property Gmbh And Anr v.Symed Laboratories Ltd

Delhi High Court · 65333076

The execution petition sought to enforce a consent decree from 2015, which restricted Symed Laboratories Ltd from commercially exploiting RIVAROXABAN. The plaintiff later learned that the defendant had obtained a commercial license and made exports. The court addressed jurisdictional objections before disposing of the petition.

patent defendant favorable · Feb 5, 2019

Ngk Spark Plug Co. Ltd. v.Union Of India & Ors.

Delhi High Court · 64412053

Ngk Spark Plug Co. Ltd. sought to rectify the corporate name of NTK Bearings Private Limited, arguing that the company's use of 'NTK' infringed upon Ngk's registered trademark. The Delhi High Court ultimately dismissed the petition, upholding the Regional Director's rejection. The court emphasized strict adherence to statutory limitations, finding that the petitioner failed to act diligently and waited too long after becoming aware of the opposition and subsequent rejections.

trademark mixed · Jan 31, 2019

Travellers Exchange Corporation Limited v.Celebrities Management Private Limited

Delhi High Court · 122584720

This Delhi High Court judgment addressed a dispute over territorial jurisdiction concerning a suit for trademark infringement and passing off. The defendant challenged the court's authority, arguing that since both parties had connections to Mumbai, the case should have been filed there based on precedents like Sanjay Dalia. However, the court ultimately held that the interpretation of Sections 62 and 134 of the Trademarks Act, conferring 'additional jurisdiction,' is distinct from the general provisions of Section 20 of the CPC, thereby upholding the court's territorial competence.

patent 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.

patent 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.

patent 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.

patent 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.

patent 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.

patent 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.

patent 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.

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