Delhi High Court
1635 cases · page 31 of 55
Showing 901–929Ashoka Distillers & Chemicals Pvt Ltd v.Ads Spirits Pvt Ltd
Ashoka Distillers & Chemicals Pvt Ltd filed a suit against Ads Spirits Pvt Ltd seeking permanent injunction and damages for trademark infringement, copyright violation, and passing off related to country liquor. The defendant argued that since the impugned product was restricted and sold only within Haryana, the Delhi High Court lacked territorial jurisdiction. The court agreed with the defense, finding that both parties operated in Haryana, thus necessitating filing the suit in a competent court there.
M/S Okaya Power Ltd v.M/S Aqua Healer & Ors
M/S Okaya Power Ltd filed a suit against M/S Aqua Healer & Ors alleging infringement of its registered trademark, 'MINJET', along with claims of passing off and unfair competition. The plaintiff sought a permanent injunction to prevent the defendants from using similar names or designs. After reviewing the pleadings, the court found that there were no prospects for the defendants to successfully defend the claim. Consequently, the application for summary judgment was allowed, and the suit was decreed in favor of M/S Okaya Power Ltd.
M/S. Epsilon Publishing House Pvt. Ltd. v.Union of India and Ors.
The Delhi High Court dismissed an appeal challenging the renewal of the trademark 'LOKPRIYA EASY NOTES.' The court held that despite procedural lapses, such as a delay in payment of surcharge, the Trademark Registry was entitled to grant the renewal because the application was filed within the statutory six-month grace period. This judgment emphasizes that strict adherence to procedure should not automatically invalidate a registration when the core requirements are met.
Dolby International Ab v.Das Telecom Private Limited
The suit concerns patent infringement related to High Efficiency Advanced Audio Coding Technology. The defendants sought to amend their written statement to introduce a defense claiming that they were authorized users because the plaintiffs had licensed the technology to M/s Google INC, from whom the defendants obtained licenses. The court dismissed this amendment application.
Upl Limited v.Pradeep Sharma & Anr
Upl Limited filed a suit claiming infringement of three patents related to a stable synergistic herbicidal composition (Sulfosulfuron + Metsulfuron Methyl WG). The defendants challenged the validity of these patents. The court found that the plaintiff had made out a strong prima facie case and granted an interim injunction.
Sun Pharma Laboratories Ltd v.Lupin Ltd & Anr
The Delhi High Court confirmed an interim injunction in favor of Sun Pharma Laboratories Ltd against Lupin Ltd and others. The court found that the defendant's trade mark, TRI-VOBIT, was structurally and phonetically similar to the plaintiff’s registered mark, TRIVOLIB. Despite arguments regarding prior use of 'VOBIT,' the court ruled that the full marks must be compared, establishing a prima facie case for trademark infringement and passing off.
Sphaera Pharma, Pte. Ltd And Anr. v.Union Of India And Anr.
The petitioner filed a petition seeking directions to restore its Indian Patent Application (No. 3584/DELNP/2015) for examination, which had been treated as abandoned due to failure to file the request within the prescribed time limit. The court examined the mandatory nature of the statutory deadlines and ruled against the petitioner's plea for restoration.
M/s Crocs Inc.Usa v.M/s Liberty Shoes Ltd.
The plaintiff, M/s Crocs Inc.Usa, filed suits seeking permanent injunction against various defendants for infringing its registered designs (Nos. 197685 and 197686) related to footwear. The court heard and disposed of the interim injunction applications in favor of the defendants.
M/S. Aero Club v.Mr. Sahibjeet & Anr.
M/S. Aero Club filed a suit alleging that Mr. Sahibjeet and others were selling counterfeit products bearing its trademarks, including WOODLAND, TREE DEVICE, and Woodland Label. The plaintiff claimed extensive use of these marks for over 25 years in manufacturing footwear and apparel. After the defendants failed to enter an appearance or file a written statement, the court found they had no real prospect of defending the claim.
Unilin Beheer B.V. v.Balaji Action Buildwell
The dispute involved a suit for patent infringement filed by Unilin Beheer B.V. against Balaji Action Buildwell. The defendant sought a stay of proceedings, arguing that they had initiated revocation proceedings before the IPAB under Section 64 of the Patents Act, 1970. The court addressed the issue of concurrent jurisdiction and granted liberty to the defendant to withdraw the IPAB proceedings and file a Counter-Claim in the suit.
Lens. Com, Inc. v.Ju J Friend International
The Delhi High Court reviewed an arbitration award concerning a domain name dispute under NIXI's INDRP. The court struck down the arbitrary direction to confiscate the disputed domain name, ruling that such power was outside the scope of the policy. However, the court clarified that merely cancelling the registration does not automatically grant ownership to the petitioner; the complainant must independently prove their rights in the generic term 'lens'.
Zenner International Gmbh & Co Kg And Anr v.Anand Zenner Company Pvt Ltd
The plaintiffs filed a suit for permanent injunction against infringement and passing off concerning the trade mark 'Zenner'. The defendant challenged the territorial jurisdiction and the applicability of Section 134 of the Trade Marks Act. Ultimately, the court dismissed the suit because the plaintiffs failed to lead any evidence despite repeated opportunities.
M/S Mont Blanc Simplo Gmbh v.Gaurav Bhatia And Ors
In this contempt petition filed by Mont Blanc against Gaurav Bhatia and others, the Delhi High Court addressed procedural issues related to enforcement. The court upheld the maintainability of the contempt action despite the availability of execution remedies, citing Supreme Court precedent (Rama Narang). Furthermore, the court granted directions for a local commission, appointing several advocates to inspect premises, inventory counterfeit products sold on www.montblancwriting.com, and seize infringing goods in violation of prior injunctions.
Marina Food Products Private Limited v.Britannia Industries Limited
The Delhi High Court upheld an ex-parte injunction granted by the Trial Court against Marina Food Products Private Limited for using the trademark 'MARIE' in relation to biscuits. The court found that the initial order met the legal requirements under Order 39 Rule 3 of the CPC, as sufficient reasons were recorded regarding potential public confusion and harm. Furthermore, the appeal challenging the jurisdiction of the Delhi Courts was dismissed, confirming the trial court's authority to proceed with the trademark infringement suit.
M/S Ravinder Singh & Sons v.M/S Evergreen Publications (India) Ltd & Anr.
The appeal challenged an interim injunction restraining M/S Ravinder Singh & Sons from publishing ICSE Class-X Examination Question Papers. The respondent had purchased the copyrights for these papers, and the court found that the appellant's publication was a near reproduction of the copyrighted material, including answers, thus constituting infringement.
M/S Zihwa Foods Pvt Ltd v.M/S G D Foods Manufacturing (India) Pvt Ltd
The Delhi High Court dismissed an appeal filed by M/S Zihwa Foods Pvt Ltd challenging a single judge's order. The appellant had sought to reject the original suit for permanent injunction on the grounds that the plaintiff lacked a registered trademark in Class 30, making the infringement claim unsustainable. The court upheld the initial decision, noting that when adjudicating an application under Order VII Rule II CPC (rejection of plaint), the court must rely solely on the averments made in the plaint.
Pentel Kabushiki Kaisha v.M/S Arora Stationers
Pentel Kabushiki Kaisha filed a suit alleging piracy of its registered design (No. 263172) for ball point pens against M/S Arora Stationers, seeking permanent injunctions and damages. The court was asked to consider an interim injunction application based on the alleged infringement under the Designs Act, 2000. However, the Court dismissed the application, finding that the plaintiffs failed to demonstrate substantial newness or originality in their design.
Kellogg Company v.Pops Food Products (P) Ltd.
The Delhi High Court dismissed Kellogg Company's appeal against the Intellectual Property Appellate Board's decision to remove its 'POPS' trademark from the register. The core issue was non-use, as the petitioner failed to provide evidence of bona fide use in India since 1989, despite claiming international adoption and goodwill. The court upheld the IPAB's finding that a prolonged lack of domestic commercial activity negates the right to maintain registration under Section 47 of the Trademarks Act.
Godfrey Phillips India Limited v.P.T.I Private Limited & Ors.
The Delhi High Court dismissed the suit filed by Godfrey Phillips India Limited against P.T.I Private Limited & Ors., finding that the plaintiff failed to establish a valid cause of action for trademark infringement or passing off. The court specifically noted that an owner of a composite registered label cannot claim infringement based solely on the use of a minor part (like a color scheme) by a competitor, citing Section 17 of the Trade Marks Act. Furthermore, the judgment cautioned against using IP law to throttle competition and create monopolies.
J.C. Bamford Excavators Limited & Anr. v.Bull Machines Pvt. Ltd.
The plaintiffs sued the defendant alleging imminent infringement of copyrights in component drawings and registered designs related to their 3DX Backhoe Loader. The defendant filed applications seeking dismissal of the suit on the grounds that it lacked a cause of action, particularly after the plaintiffs voluntarily withdrew an injunction order. The court dismissed the defendant's applications, noting that the issues required a full trial.
M/S.Antex Pharma Pvt Ltd v.Pureca Laboratories (P) Ltd & Ors
The Delhi High Court ruled in favor of M/S. Antex Pharma Pvt Ltd against Pureca Laboratories (P) Ltd & Ors, finding that the defendants infringed upon the plaintiff's intellectual property rights. The court held that the defendant's use of similar trademarks and packaging for liver tonic preparations amounted to both copyright infringement and passing off. Consequently, the suit was decreed with a permanent injunction restraining the defendants from continuing their infringing activities.
Merck Sharp And Dohme Corp v.Vinod Jadhav
Merck Sharp And Dohme Corp sought confirmation of an existing ex parte ad interim injunction against Vinod Jadhav and others, alleging that they were infringing on their registered patent for the drug SITAGLIPTIN. The plaintiffs established that they held a valid patent (No. 209816) and had previously secured a permanent injunction in a related suit. The court found that the plaintiffs clearly made out a prima facie case and confirmed the interim order, noting the defendants' attempts to delay the matter.
Maja Cosmetics & Anr v.Oasis Commercial Pvt. Ltd.
Maja Cosmetics filed a suit alleging that Oasis Commercial Pvt. Ltd. was infringing its registered trademark 'VI-JOHN' in relation to alcoholic beverages. The court ultimately found that the defendant's use of 'V-JOHN' was deceptive and infringed upon the plaintiff's mark, passing a decree in favor of Maja Cosmetics.
Abbott Healthcare Pvt Ltd v.Raj Kumar Prasad & Ors
The Delhi High Court addressed an application by the plaintiff seeking a stay of infringement proceedings while rectification/cancellation proceedings against the defendant's trademark were pending. The court ruled that Section 124 of the Trade Marks Act requires the issue of invalidity to be formally raised and framed in the suit before a stay can be granted. Since the plaintiff failed to press this issue during the framing of issues, the application was dismissed, emphasizing procedural adherence over subsequent actions.
Munish Kumar Singla Trading As: Chakshu Food Products v.Jollibee Foods Corporation
The Delhi High Court allowed an appeal filed by Chakshu Food Products, setting aside a restrictive ex-parte injunction granted against it by the trial court. The core issue was whether Jollibee Foods Corporation could enforce its trademark and copyright rights over a bee image when it had not commenced business in India despite having registered the marks since 2005. The Court ruled that without actual use or entry into the Indian market, an ex-parte injunction against a local competitor is unwarranted, emphasizing principles from cases like Milmet Oftho Industries.
Ramesh Mardia & Anr v.M/S Koxan India & Anr
The Delhi High Court allowed the appeal filed by Ramesh Mardia, setting aside a previous single judge's order that had granted an injunction against him. The court recognized the complexity of the trademark ownership dispute concerning 'Mardia Cables,' which involves multiple assignments and prior registrations. To expedite the lengthy litigation, the court appointed a Local Commissioner to record evidence on a day-to-day basis, allowing the trial process to move forward.
Merck Sharp & Dohme Corporation v.Aprica Pharmaceuticals Private Limited
Merck Sharp & Dohme Corporation filed a suit alleging that Aprica Pharmaceuticals Private Limited was planning to launch a generic version (ECOGLIPT) of its patented drug SITAGLIPTIN. The plaintiffs argued this constituted patent infringement and sought a permanent injunction based on the apprehension of future market flooding. The court found the defendant's actions violated Section 48 of the Patents Act, 1970.
Vifor (International) Ltd. v.Mr. Dharmendra Vora & Anr.
Vifor (International) Ltd. filed a suit seeking permanent injunction and damages against Mr. Dharmendra Vora & Anr. for infringing Indian Patent No. 221536, which covers a novel water soluble iron carbohydrate complex used for intravenous treatment of iron deficiency. The court found that the defendants were violating the plaintiff's registered patent rights.
Praveen Kumar Maakar v.Union Of India And Anr
The Delhi High Court ruled in favor of the trademark applicant, Praveen Kumar Maakar, setting aside an order that deemed his application for 'FRONTIER BAKERY' abandoned. The core issue was whether he received a Notice of Opposition filed by M/s Frontier Bakery Pvt. Ltd. Despite evidence showing dispatch to a related service, the Court accepted the petitioner's claim that he never received the notice. Consequently, the applicant was granted an eight-week window to file his counter-statement.
M/S Kamdhenu Limited v.M/S Aashiana Rolling Mills Ltd
M/S Kamdhenu Limited filed a suit seeking permanent injunction against M/S Aashiana Rolling Mills Ltd for infringing its registered design related to TMT steel bars. The plaintiff claimed that the defendant copied the unique double-rib surface pattern of their patented bar, which was protected under Design Act, 2000 (No. 250968). The defendant countered by arguing that the design was based on a public domain British Standard and lacked novelty. The Delhi High Court granted interim protection to Kamdhenu Limited, finding a prima facie case for infringement.
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