Delhi High Court
1635 cases · page 37 of 55
Showing 1081–1109Amit Jain v.Ayurveda Herbal & Ors
Amit Jain filed a suit seeking permanent injunction against Ayurveda Herbal and others for infringing his registered designs used on plastic bottles and tubes for cosmetic products. The plaintiff claimed ownership through assignment of several design registrations. However, the court dismissed the application for interim injunction, finding that the designs were not novel or protectable under Section 30 of the Act. Furthermore, the plaintiff was penalized for failing to disclose details of a prior withdrawn suit.
Mw Eat Ltd v.New Masala Zone & Anr
The Delhi High Court decreed a suit filed by Mw Eat Ltd against New Masala Zone & Anr, resolving a dispute over trademark infringement. Although the parties had reached an out-of-court settlement where the defendants agreed to cease using their name, the court formally granted the decree. The judgment specifically restrained the defendants from using 'New Masala Zone' or any deceptively similar mark in relation to restaurants and hospitality services, thereby protecting the plaintiff's trademark 'MASALA ZONE'.
The Royal Bank Of Scotland Group Plc v.Sharekhand Limited
The Delhi High Court formally accepted a settlement agreement reached between The Royal Bank Of Scotland Group Plc and Sharekhand Limited. The core dispute involved the alleged infringement of the trademark 'MAXTRAD'. Under the settlement, the defendant acknowledged the plaintiff's exclusive rights and agreed not to use the deceptively similar mark 'MAXTRADE'. Consequently, the court decreed the suit based on these terms, concluding the litigation.
Ashim Ghosh v.The Controller Of Patents
The petitioner challenged the Controller's action of treating his patent application (No. 1350/DEL/2007) as 'Deemed to be Withdrawn'. The withdrawal was based on the assumption that the request for examination was not made within the prescribed period, despite the petitioner having filed Form-18 correctly and within the time limit. The court found that the clerical error in the covering letter did not invalidate the timely filing of the substantive examination request.
M/S Today Tea Ltd v.M/S Aggarwal Tea Co.& Anr
The Delhi High Court decreed the trademark infringement suit between M/S Today Tea Ltd and M/S Aggarwal Tea Co. based on a comprehensive settlement agreement reached by both parties. The defendants agreed to pay a balance sum, cease using the disputed trademarks ('T-STAR' vs 'TODAY/TODAY STAR'), and further committed to destroying all infringing tea and coffee packaging material at a designated premises under court supervision. This judgment underscores the effectiveness of mediation in resolving complex IP disputes.
Merck Sharp And Dohme Corporation v.Glenmark Pharmaceuticals
Merck Sharp & Dohme Corporation appealed the dismissal of its application for an ad interim injunction against Glenmark Pharmaceuticals regarding the patented drug Sitagliptin. MSD alleged that Glenmark's products, marketed as Zita and Zitamet, infringed upon its patent (Indian Patent No. 209816), which covers a key molecule used to treat Type 2 Diabetes Mellitus. The Delhi High Court allowed the appeal, granting an interim injunction in favor of MSD, thereby restraining Glenmark from further selling or distributing the infringing products while the main suit proceeds.
Telefonaktiebolaget Lm Ericsson v.Intex Technologies (India) Limited
Telefonaktiebolaget Lm Ericsson filed a suit seeking permanent injunction and damages against Intex Technologies (India) Limited for infringing eight patents related to advanced telecommunication technologies, specifically AMR, 3G, and EDGE. The Delhi High Court addressed an interim application under Order XXXIX Rule 1 and 2 CPC. The court granted several stringent interim orders, including restraining the defendant from manufacturing or selling infringing devices and directing Customs authorities not to allow the import of such products.
Tata Sons Ltd v.Neil Sombuntham & Anr
The Delhi High Court ruled in favor of Tata Sons Ltd, granting a permanent injunction against Neil Sombuntham and others for infringing on the well-known 'TATA' trademark. The court found that the defendant's use of the domain name 'www.tatamassage.com' constituted misappropriation and an attempt to capitalize on the goodwill associated with the Tata brand in the global market. Consequently, the defendants were restrained from using the mark or domain name, and the court ordered the transfer of the infringing domain name to the plaintiff.
Gsm (Operations) Pty Ltd v.Jai Kumar Sethia And Ors
In a case concerning trademark infringement, Gsm (Operations) Pty Ltd successfully reached an out-of-court settlement with Jai Kumar Sethia And Ors. The defendants acknowledged the plaintiff's ownership of the 'BILLABONG' trademark and agreed to cease using the infringing mark 'BILLABANGS'. Furthermore, they paid a sum of ₹2 lacs as damages in full and final settlement. The court formally decreed the suit based on these mutually accepted terms.
Societe Des Produits Nestle, .S.A. v.Sapan Kumar Bhatia & Ors
In this Delhi High Court case involving Nestle and Sapan Kumar Bhatia, the parties reached an amicable out-of-court settlement during the pendency of the litigation. The defendants acknowledged Nestle's ownership rights over the 'MAGGI' trademark, domain name (www.maggi.in), and copyright in the logo and label. Consequently, the court allowed a compromise application, decreeing the suit based on the agreed terms, which included a final payment of ₹2,00,000/- from the defendants to the plaintiffs.
Gilead Pharmasset, Llc v.Union Of India & Anr
Gilead Pharmasset challenged an order passed by the Patent Office, arguing that it violated natural justice because the decision considered grounds and material from pre-grant oppositions (filed under Section 25) without giving the petitioner a hearing. The court found that the availability of this opposition material created a potential for bias, leading to the setting aside of the impugned order.
Times Internet Ltd. v.Time Broadband Services Pvt.Ltd.
The Delhi High Court ruled in favor of Times Internet Ltd., finding that the defendant's use of 'timebroadbandindia.com' constituted trademark infringement and passing off against the plaintiff's established brand, 'indiatimes'. The court emphasized the priority of adoption and the extensive reputation built by the plaintiff over its digital assets. Consequently, a permanent injunction was granted, along with punitive damages.
Babu Ram Om Prakash v.Pradhan Herbal Company
This case involved a dispute between Babu Ram Om Prakash and Pradhan Herbal Company concerning the use of the trademark 'Diamond/Black Diamond' in relation to Henna Power (Mehandi). Following mandatory mediation, the parties reached a comprehensive Settlement Agreement. The court accepted this agreement, decreeing the suit based on its terms, which prohibited the defendant from using the plaintiff's mark or similar labels.
Symed Labs Ltd. v.Glenmark Pharmaceuticals Ltd.
Symed Labs Ltd. filed a suit alleging that Glenmark Pharmaceuticals Ltd. was manufacturing and selling Linezolid using processes that infringed upon Symed's registered patents (IN '062 and IN '063). The Plaintiff argued that its patented methods were more economical, safer, and commercially viable than the prior art processes. The court granted an ad interim injunction restraining the Defendants from continuing the infringing activities.
Maharashtra Hybrid Seed Co. v.Union Of India And Anr
The petitioners challenged an order by the Registrar of PPVFR Authority which held that parent lines of known hybrid varieties could not be registered as 'new' plant varieties. The core issue was whether these parent lines retained novelty despite the commercial use and sale of resulting hybrid seeds.
Maharashtra Hybrid Seed Co. v.Union Of India And Anr
The petitioners challenged an order by the Registrar, PPV&FR Authority, which held that parent lines of known hybrid varieties could not be registered as 'new' plant varieties. The core issue was whether the development and sale of hybrid seeds from these parent lines invalidated the novelty claim for the original parental lines.
Maharashtra Hybrid Seed Co. v.Union Of India
The petitioners challenged an order by the Registrar, PPVFR Authority, which held that parent lines of known hybrid varieties could not be registered as new plant varieties. The core issue was whether the parent lines remain novel if their material is used to produce a distinct hybrid variety.
Novartis Ag v.Cipla Ltd
Novartis AG filed a suit against Cipla Ltd alleging infringement of its patented drug, INDACATEROL Maleate, used for treating COPD. Novartis sought a permanent injunction to restrain the use and sale of the infringing product. The Delhi High Court addressed the interim application, noting that while the defendant had not applied for compulsory licensing, the grounds under the Patents Act were relevant. Consequently, the court granted an interim injunction restraining Cipla from manufacturing or selling INDACATEROL Maleate until the final outcome of the suit.
Maharashtra Hybrid Seed Co. v.Union Of India And Anr
The petitioners challenged an order by the Registrar, PVPFR Authority, which held that parent lines of known hybrid varieties could not be registered as new plant varieties. The core issue was whether the parent lines remain novel if their material is used to produce a distinct hybrid variety.
Maharashtra Hybrid Seed Co. v.Union Of India And Anr
The petitioners challenged an order by the Registrar, PPVFR Authority, which held that parent lines of known hybrid varieties could not be registered as 'new' plant varieties. The core issue was whether these parent lines retained novelty despite the commercial use and sale of resulting hybrid seeds.
Sushma Berlia & Ors. v.Kamal Kumar & Ors.
The Delhi High Court ruled in favor of the plaintiffs, who owned the registered trademark 'APEEJAY' used by an educational society. The suit was filed against a parents' association that had adopted the same name. The court held that even though the defendants were non-trading and non-profit, their use of the mark created a likelihood of public confusion, suggesting patronage or affiliation with the plaintiffs' school. Consequently, the court granted a permanent injunction preventing the unauthorized use of 'APEEJAY' by the association.
sandisk corporation v.ms shivji electronics
Sandisk Corporation sued M/S Shivji Electronics for trademark infringement of its 'SanDisk' mark and logo, alleging the defendants were selling counterfeit SanDisk memory cards at significantly lower prices than authorized retailers. The plaintiff sought a permanent injunction and damages against the defendants’ counterfeiting activities in Lajpat Rai Market, New Delhi.
Educare Limited v.S.K. Sachdev
Educare Limited filed a suit against S.K. Sachdev alleging trademark infringement concerning its well-established school brand, 'SHRI RAM'. The core dispute revolved around the defendant's use of 'ShreeRam World School' and the domain name www.shreeram.in, which the plaintiffs argued was phonetically and conceptually identical to their mark. After considering the plaintiff's extensive reputation in the education sector, the court confirmed the interim injunction, finding that the defendants' adoption of the name lacked bona fide intent.
M/S Dabur India Ltd. v.M/S Alka Ayurvedic Pvt. Ltd.
The Delhi High Court denied the interim injunction sought by Dabur India Ltd. against Alka Ayurvedic Pvt. Ltd. regarding the use of the mark 'PACHMOLA'. The court found that, based on prima facie examination of trade dress and product features, there was no immediate possibility of consumer deception or confusion between 'HAJMOLA' and 'PACHMOLA'. While not ruling on the merits of the full suit, the court directed the defendant to maintain and file quarterly sales accounts, allowing the litigation to proceed.
Banyan Tree Holding (P) Limited v.Jamshyad Sethna And Anr
The Delhi High Court permitted Banyan Tree Holding to amend its original suit for passing off and unfair competition. The plaintiff sought to incorporate claims for trademark infringement based on new registrations that occurred during the pendency of the case. The court held that since the registration happened subsequently, and allowing the amendment was necessary to determine the real controversy without causing prejudice to the defendants, the application under Order VI Rule 17 CPC was allowed.
Rspl Health Private Limited v.M/S. Deep Industry
The Delhi High Court confirmed an ex-parte interim injunction in favor of Rspl Health Private Limited against M/S. Deep Industry. The plaintiff successfully demonstrated a strong prima facie case, asserting that the defendant's use of the 'POSH' label was deceptively similar to its registered trademark and artistic work, 'XPERT.' Despite the defendant raising objections regarding jurisdiction and delay, the court found both arguments untenable, upholding the initial order against infringement and passing off.
Maj. (Retd.) Sukesh Behl & Anr. v.Koninklijke Phillips Electronics
The respondent (Koninklijke Phillips Electronics) sued for permanent injunction against the appellants (Maj. Sukesh Behl & Anr.) regarding infringement of Patent No. 218255. The defendants filed a counter-claim seeking revocation based on the plaintiff's failure to disclose foreign patent applications as required by Section 8 of the Patents Act, 1970. The High Court dismissed the appeal, holding that the omission was not an unequivocal admission of deliberate suppression and thus revocation is not automatic.
Bayer Corporation v.Union Of India & Ors
The application sought permission to export 1 kg of API Sorafenib (Sorafenat), which was manufactured under a compulsory license granted to NPL. Bayer challenged this export, arguing it constituted a commercial transaction and violated the terms of the compulsory license. The Court ultimately held that the export for regulatory approval purposes falls within the exception provided by Section 107A.
M/S Radico Khaitan Limited v.M/S Brima Sagar Maharashtra Distilleries Ltd
M/S Radico Khaitan Limited filed a suit against M/S Brima Sagar Maharashtra Distilleries Ltd alleging infringement of several trademarks related to alcoholic beverages. The court addressed multiple interim applications, including those seeking liberty to sue for other unregistered marks and enlargement of time. Ultimately, the court partly allowed the applications, granting an interim injunction that restricts the Defendant from using identical or deceptively similar labels for specific products while permitting the use of generic terms without the protected prefix.
Tech Plus Media Private Ltd v.Jyoti Janda & Ors
Tech Plus Media Private Ltd filed a suit alleging that its former employees infringed upon its copyrights, passing off rights, and trade secrets by copying proprietary IT industry databases. The plaintiff claimed these detailed electronic databases constituted original literary works and confidential information developed over nine years. However, the Delhi High Court ultimately dismissed the suit against the plaintiff, finding that it had failed to plead the material propositions of fact essential for succeeding in an action for copyright infringement.
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