Delhi High Court
1664 cases · page 35 of 56
Showing 1021–1049M/S Bright Enterprises Private Limited & Anr v.Mj Bizcraft LLP & Anr
The Delhi High Court dismissed a trademark infringement and passing off suit filed by M/S Bright Enterprises Private Limited against MJ Bizcraft LLP. The plaintiffs sought an injunction to prevent the use of 'PRIVEE' due to similarity with their mark 'MBD PRIVE'. However, the court found that the plaintiffs failed to establish that the generic word had acquired a secondary meaning specific to them in the hotel industry. Given the lack of evidence supporting distinctiveness and the principles allowing for summary dismissal of doomed suits, the suit was dismissed.
M/S Rspl Limited v.Mukesh Sharma & Anr
This appeal challenged a single judge's decision that dismissed an IP suit based on lack of territorial jurisdiction. The appellant, M/S Rspl Limited, had filed the suit under the Trade Marks Act and Copyright Act seeking injunction against alleged infringement and passing off by the respondents using the name 'GHARI TRADEMARK COMPANY'. The High Court Division Bench overturned the single judge's ruling, affirming that the court has jurisdiction given the plaintiff's corporate office and business activities within Delhi.
Mip Metro Group Intellectual Property GmbH & Co. KG v.Westfield Retail Pvt. Ltd.
The Delhi High Court addressed an application by the defendant seeking rejection of the plaint on grounds of lack of territorial jurisdiction. The court partially allowed this application, rejecting the plaintiff's claim regarding 'passing off.' However, it declined to reject the suit entirely concerning trademark infringement, allowing the matter to proceed to trial. This decision sets up key issues regarding both jurisdiction and locus standi for the plaintiff.
Societe Des Produits Nestle S.A. v.Essar Industries
In this trademark infringement suit concerning the 'MAGGI' brand, the Delhi High Court addressed applications regarding evidence submission. While rejecting a major application by the defendants to introduce extensive new documentation due to concerns over trial delay and adherence to Commercial Courts Act principles, the court did allow the defendants to summon witnesses for documents that had previously been shared with the plaintiffs. This ruling emphasizes judicial caution against late-stage document filing in commercial disputes.
Wonderful Developers Private Ltd. v.Impresario Entertainment And Hospitality Private Ltd. & Ors.
The Delhi High Court addressed a conflict regarding when a trade mark infringement suit must be stayed pending rectification proceedings before the IPAB. The court clarified that merely filing a rectification application after an infringement suit has commenced does not automatically mandate a stay. Instead, the trial court must assess whether the plea of invalidity is prima facie tenable; if so, it should stay the suit to allow time for the IPAB decision. This ruling provides clarity on the procedural interplay between civil suits and IPAB rectification actions.
M/S Allied Blenders & Distillers Pvt Ltd v.R.K. Distilleries Pvt Ltd
M/S Allied Blenders & Distillers Pvt Ltd filed a suit against R.K. Distilleries Pvt Ltd seeking permanent injunction and damages for alleged infringement and passing off of its trademark 'Officer's Choice'. The plaintiff asserted extensive goodwill, registered trademarks across multiple classes, and proprietary rights in the associated trade dress. However, the court ultimately dismissed the application on jurisdictional grounds, noting that the cause of action arose primarily outside Delhi (e.g., Andhra Pradesh), despite the plaintiff having a branch office there.
Dart Industries Inc & Anr. v.Techno Plast & Ors.
Dart Industries Inc, through its licensee Tupperware India Pvt. Ltd., filed a suit alleging infringement of their proprietary designs and copyrights related to the popular 'Tupperware' storage containers. The plaintiffs claimed that defendants were copying these unique designs, leading to confusion in the market. However, the Delhi High Court dismissed the appeal, finding that the plaintiffs failed to adequately plead and prove the distinctiveness of the product shape for trademark purposes, thereby lacking prima facie strength in their claims regarding design protection, copyright infringement, and passing off.
Staar Surgical Company v.Polymer Technologies International & Ors
The Delhi High Court dismissed Staar Surgical Company's suit against Polymer Technologies International, which alleged passing off of intraocular lenses. The court found that the defendant's current trademark, 'EYEPCL,' was entirely distinct and not deceptively similar to the plaintiff's brand name, 'VISIAN ICL.' Despite previous interim injunctions granted on a different mark used by the defendants, the court ruled that the new mark failed to meet the test of confusion, especially considering the specialized nature of the medical goods.
Ok Play India Limited v.Mayank Aggarwal & Ors
Ok Play India Limited filed a suit alleging infringement of its intellectual property rights—including trademark 'OK PLAY', copyrights in drawings, and common law design rights—against several defendants for manufacturing and selling deceptively similar toys. The core legal dispute revolved around whether the plaintiff could assert IP rights over their toy designs without formal registration under the Designs Act. The court ultimately ruled that since the plaintiff had not obtained design registration, they were unable to secure interim injunctions against the alleged infringement.
Gurnam Singh Trading As M/S G. C. Laboratories v.M/S Little Profit Trading Company
The Delhi High Court formally accepted an out-of-court settlement between the trademark proprietor, Gurnam Singh Trading As M/S G. C. Laboratories, and M/S Little Profit Trading Company. The defendant acknowledged the plaintiff's exclusive rights to the 'BLUE HEAVEN' trademark and agreed to pay Rs. 3.00 lacs as damages. Furthermore, the defendant committed to surrendering all rights in the infringing mark and disposing of existing stock by a specified date, leading to the suit being decreed based on these terms.
Telefonktiebolaget Lm Ericsson(Publ) v.Lava International Ltd
The court addressed an application filed by the defendant seeking procedural reliefs, including a fresh trial schedule and permission to examine additional witnesses. The case involves patent infringement allegations concerning mobile radio communication technology and questions regarding the FRAND status of the patents.
Telefonktiebolaget Lm Ericsson (Publ) v.Lava International Ltd
Telefonktiebolaget Lm Ericsson filed a suit seeking permanent injunction against Lava International Ltd for alleged infringement of its patented technologies. The core dispute revolved around Standard Essential Patents (SEPs) related to 2G, EDGE, and 3G telecommunications standards used in mobile devices. The court found prima facie evidence supporting the plaintiff's claim of infringement. Consequently, the Delhi High Court granted an interim injunction restraining Lava from manufacturing or selling the infringing products, while dismissing a counter-application filed by the defendant.
Vardhman Properties Ltd v.M/S Vardhman Realtech Pvt Ltd & Ors
The Delhi High Court granted temporary injunctive relief in favor of Vardhman Properties Ltd against M/S Vardhman Realtech Pvt Ltd & Ors. The court found that the defendants' use of the mark 'VARDHMAN' was phonetically and visually identical to the plaintiff's registered trademark, leading to a prima facie case for infringement and passing off. This interim order restrains the defendants from using the name in a manner that suggests an association with the plaintiff's established brand, allowing the main suits to proceed.
Teva Api India Pvt. Ltd. v.Merck Sharp & Dohme Corp
The respondents sued the appellants alleging infringement of Indian Patent No. 209816 for Sitagliptin. The appellants challenged the interim injunction, claiming their manufacturing and exports were solely for Research & Development (R&D) and obtaining global regulatory approvals before the patent expiry in 2022. The court dismissed the appeal but directed the parties to complete pleadings.
Skechers Usa Inc & Ors v.Pure Play Sports
The Delhi High Court granted an ad interim injunction in favor of Skechers against Pure Play Sports, finding prima facie evidence of passing off. The court noted that the defendant's footwear was a substantial imitation of the plaintiffs' GOwalk 3 series, specifically citing copied trade dress elements like the unique outsole design and 'Goga Mat' technology features. This preliminary ruling suggests that the defendants were consciously imitating Skechers' distinctive look to mislead consumers about the source of their products.
Telefonktiebolaget Lm Ericsson(Publ) v.Lava International Ltd
The plaintiff (Ericsson) filed a suit for infringement of registered patents against the defendant (Lava International). The court, following directions from the Supreme Court to expedite the trial, addressed an application by the defendant seeking to amend the witness list and change the trial schedule due to the unavailability of expert witnesses. The court granted a conditional adjournment.
Genentech Inc And Others v.Drugs Controller General Of India And Others
Genentech Inc. and its affiliates filed suit against the Drugs Controller General of India and others, challenging the approval granted for TrastuRel, a purported biosimilar version of their drug Trastuzumab. The plaintiffs contended that TrastuRel had not undergone adequate testing as required under Indian law before being launched. The Delhi High Court issued an interim order, restraining the defendant from marketing the product without proper trials while setting conditions for future regulatory approval.
Roche Products (India) Pvt Ltd v.Drugs Controller General Of India
Roche Products, the originator of the biological drug Trastuzumab (marketed globally under HERCEPTIN®), filed a suit seeking injunction against competitors launching purported biosimilars like CANMAb and HERTRAZ. The plaintiffs contended that these drugs were being misrepresented as 'Trastuzumab' or similar to HERCEPTIN®, without following proper regulatory guidelines for biologics. The court issued an interim order, restraining the defendants from making misleading claims and using proprietary data until the final decision on bio-similarity is reached.
Telefonaktiebolaget Lm Ericsson (Pub) v.Xiaomi Technology & Ors
Ericsson sued Xiaomi for infringing several patents related to AMR, 3G, and EDGE technology used in mobile devices. The defendants filed an application seeking vacation of a prior interim injunction by alleging concealment of material facts. The court found that Ericsson failed to disclose its agreement with Qualcomm regarding CDMA applications, leading to the vacation of the interim order concerning two specific patents.
M/S Saurabh Agrotech Private Limited v.Radhey Shyam Agencies
The Delhi High Court granted an interim injunction favoring M/S Saurabh Agrotech Private Limited, who is the registered proprietor of the 'ASHOKA' trademark. The plaintiff sought protection against defendants for alleged infringement, passing off, and copyright violation related to their edible oil products. Given that the plaintiff holds a valid registration and has established a strong prima facie case regarding market confusion, the court restrained the defendants from using the disputed mark pending the final outcome of the suit.
Delhi Public School Society v.Dps World Foundation And Anr
The Delhi High Court granted an interim injunction in favor of the Delhi Public School Society against Dps World Foundation And Anr. The court restrained the defendants from using the registered trade mark 'DPS' or any deceptively similar mark, citing infringement and passing off. While the plaintiff sought protection for its crest logo under copyright, the court denied this specific relief due to lack of evidence regarding continuous use. This ruling sets a precedent for protecting established educational brand identities in litigation.
M/S Symphony Ltd v.M/S Summer Cool Home Appliances Pvt Ltd
M/S Symphony Ltd filed an application seeking to amend its plaint in a dispute concerning air cooler designs against M/S Summer Cool Home Appliances Pvt Ltd. The plaintiff sought to clarify discrepancies regarding the dates of use and registration for various registered design models, such as 'Sumo' and 'Winter'. The court examined whether these amendments were necessary for proper adjudication or merely an attempt to resile from previous admissions. Ultimately, the Delhi High Court allowed the amendment, finding that it served only to clarify existing pleadings without fundamentally altering the nature of the suit.
Jiva Institute Of Vedic Science & Culture v.Mr. Raymond Bickson, Managing Director & Chief Executive Officer
The Delhi High Court disposed of a contempt petition filed by Jiva Institute against Mr. Raymond Bickson regarding the alleged misuse of the 'JIVA' trademark. While acknowledging that the defendants had violated previous injunctions by using the mark on various goods, the court ultimately gave them the benefit of doubt. The judgment allowed the respondents to continue using the mark for their spa services and certain related items, provided they strictly avoid using it for soaps, cosmetics, ayurvedic products, or other allied/cognate goods, thereby balancing trademark protection with commercial reality.
Telefonaktiebolaget Lm Ericsson (Publ) v.Competition Commission Of India
Telefonaktiebolaget LM Ericsson challenged the orders passed by the Competition Commission of India (CCI), which had initiated investigations based on complaints from Micromax and Intex. The core dispute revolved around whether the CCI possessed jurisdiction to examine claims related to royalty payments for Standard Essential Patents (SEPs). Ericsson argued that patent-related royalty issues fall exclusively under the Patents Act, 1970, not the Competition Act, 2002. The Delhi High Court ultimately dismissed the writ petitions, affirming the jurisdictional boundaries of the CCI in this context.
Ritika Private Limited v.Biba Apparels Private Limited
Ritika Private Limited filed a suit against Biba Apparels Private Limited claiming infringement of copyright and violation of trade secrets related to its garment designs sold under the RITU KUMAR brand. The plaintiff asserted originality in its sketches and drawings, which were adapted for various garments. However, the court found that the suit was barred by Section 15(2) of the Indian Copyright Act, 1957, as the designs were capable of being registered under the Designs Act, 2000, but had not been so registered.
Pfizer Products, Inc & Anr v.Platinum Pharmaceuticals Pvt Ltd & Ors
The Delhi High Court ruled in favor of Pfizer Products, Inc. in a suit alleging trademark infringement and passing off by Platinum Pharmaceuticals Pvt Ltd. The court found that the defendant was illegally selling a drug under the deceptively similar trademark BEQSULE against the plaintiff's registered mark BECOSULES. Furthermore, the court noted that the defendant adopted an identical trade dress (white and reddish orange color combination) to mislead consumers, leading to a decree of injunction.
Qarshi Industries Pvt. Ltd. v.Abdul Mueed & Ors.
The Delhi High Court addressed an appeal filed by Qarshi Industries challenging the denial of an ex-parte ad-interim injunction against Hamdard in a passing off suit. The court found that given the complexity of the arguments—including issues regarding the descriptive nature of the Urdu words 'JAM-E-SHIRIN' and potential suppression of facts related to Pakistani trademark disclaimers—the prima facie case was not strong enough for an immediate injunction. Consequently, the appeal was dismissed, requiring both parties to complete their pleadings before further relief could be considered.
Visakha Chemicals v.The Central Government Of India And Another
The Delhi High Court dismissed a writ petition challenging an IPAB order regarding trademark invalidity. The judgment affirmed the Full Bench's ruling that the Intellectual Property Appellate Board (IPAB) has exclusive jurisdiction to decide on pleas of trademark registration invalidity, even within the context of an infringement suit. Furthermore, the court clarified the conditions under which an infringement action may be stayed pending rectification proceedings, emphasizing that a civil court must find the plea prima facie tenable before staying the suit.
Aura Synergy India Ltd. v.M/S New Age False Ceiling Co Pvt. Ltd.
The Delhi High Court addressed an interim injunction request filed by Aura Synergy India Ltd. against M/S New Age False Ceiling Co Pvt. Ltd., concerning the use of the trade name 'AURA' for metallic false ceiling products. The court ultimately ruled in favor of the defendants, dismissing the plaintiffs' application. The judgment highlighted that the plaintiffs had suppressed material facts and made misstatements regarding their business history and relationship with the defendants, leading to the vacation of the ex-parte injunction.
Adidas Ag v.Union Of India & Anr.
The Delhi High Court overturned an Intellectual Property Appellate Board (IPAB) decision that had dismissed a rectification application concerning the trademark 'RESPONSE'. The court held that the IPAB's interpretation of 'person aggrieved' was contrary to law, especially when marks and goods are identical. Furthermore, the High Court found factual inconsistencies in the IPAB's assessment regarding the petitioner's use of the mark. Consequently, the matter was remanded back to the IPAB for a fresh hearing.
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