Delhi High Court
1672 cases · page 4 of 56
Showing 91–119Mr. Ar Rahman v.Ustad Faiyaz Wasifuddin Dagar
This appeal addressed a dispute over the copyright ownership of the musical composition 'Shiva Stuti.' The plaintiff, Ustad Faiyaz Wasifuddin Dagar, claimed authorship and sought recognition and injunctions against A.R. Rahman for using the composition in his song 'Veera Raja Veera.' The core legal challenge revolved around whether the plaintiff could establish prima facie evidence of copyright ownership based on family claims and performance history. The Delhi High Court ultimately allowed the appeal, setting aside the lower court's judgment. The court held that mere evidence of rendering or performing a musical work is insufficient to prove authorship under Section 2(d)(ii) and Section 2(ffa), thereby dismissing the plaintiff's suit.
Novartis Ag v.Controller Of Patents And Designs & Anr.
Novartis Ag challenged the Controller's orders that deferred and then reserved decisions regarding post-grant opposition proceedings, specifically concerning a request for cross-examination of the opponent's experts in relation to Patent IN'518. The court dismissed the writ petitions, finding no merit in the Petitioner's plea and noting that the Petitioner had waived their right to cross-examine by conscious election.
Exotic Mile v.Imagine Marketing Pvt Ltd
The Delhi High Court reviewed an interim injunction granted by a Single Judge in a trademark infringement and passing off suit. While the court affirmed the injunction against Exotic Mile's use of certain specified marks, it quashed the restriction on the tag line "UNPLUG YOURSELF" because the original plaintiff had not sought that specific restraint. Furthermore, the court clarified that since the mark GOBOULT was never subject to an injunction, Exotic Mile remains free to use it unless a separate cause of action is filed.
Saint Gobain Glass France v.Assistant Controller Of Patents And Designs & Anr.
Saint Gobain Glass France appealed the refusal of its patent application (No. 201717045317), titled 'Material comprising a stack of thin layers', by the Assistant Controller of Patents and Designs. The refusal was based on lack of inventive step and non-patentability under Section 3(d). The High Court upheld the Controller's decision, finding that the claimed invention lacked technical advancement over prior art.
K Arjun Singh And Others v.Gm Modular Pvt. Ltd.
The Delhi High Court allowed the appeal, setting aside an adverse interim injunction that had been granted against the appellants' registered trademarks. The court found the initial finding of infringement to be ex facie impermissible and noted a lack of categorical finding regarding passing off goodwill. Consequently, both parties agreed to have the Commercial Court decide the application under Order XXXIX Rules 1 and 2 of the CPC without being influenced by the previous impugned order.
Frimline Private Limited v.K-Smatco Lifesciences Private Limited
The Plaintiffs filed suit alleging that the Defendants are infringing upon their patented pharmaceutical composition, IN 382949, and also copying content from the Plaintiffs' website. The Suit Patent covers a synergistic combination of Lactoferrin and Guanosine Nucleotide for treating anaemia. Based on the prima facie evidence presented, the Court granted an ad-interim injunction restraining the Defendants from marketing or selling the infringing product 'FERROTOK PLUS', while also allowing interim protection for the Plaintiffs' copyright.
Mankind Pharma Limited v.The Registrar Of Trade Marks
Mankind Pharma Limited appealed the Registrar of Trade Marks' refusal to register its mark PETKIND in Class 5, citing similarity to a prior application 'PETKIND PHARMA'. The Appellant argued that its extensive goodwill and established 'KIND Family of Marks' should prevail. The Court allowed the appeal, setting aside the rejection order.
Sushil Kumar T/A Da Polo & Anr. v.The Polo/ Lauren Company L.P.
This appeal challenged a lower court's decision that rejected an application to dismiss a suit based on lack of jurisdiction. The respondent, holding registered trademarks like POLO, sued the petitioners (Da Polo) for infringement and passing off related to their use of similar marks online. The Delhi High Court upheld the Commercial Court's order, finding that since both parties were conducting business through interactive websites and e-commerce platforms within the court's jurisdiction, a valid cause of action existed.
Mensa Brand Technologies Private Limited v.Registrar Of Trade Marks
Mensa Brand Technologies Private Limited filed an appeal challenging the Registrar of Trade Marks' refusal to register a trademark application. The core issue revolves around whether a cited mark had been properly assigned to the appellant before the refusal order was issued. The court accepted notice and set procedural timelines for both parties, indicating that the matter is proceeding through the appellate process.
Reckitt Benckiser (India) Private Limited v.Sauss Home Products Private Limited
Reckitt Benckiser (India) Private Limited sought an interim injunction against Sauss Home Products Private Limited, alleging trademark infringement and passing off related to its 'Robin' bird device mark used in FMCG products. The court first dismissed the defendant's challenge regarding territorial jurisdiction, finding that the cause of action arose within Delhi due to sales and online promotion there. Subsequently, the court found a prima facie case for passing off and copyright infringement, granting an interim injunction against the defendant.
Kubota Corporation v.Godabari Agro Machinery And Services India Private Limited & Ors.
The plaintiff, Kubota Corporation, sued defendants for patent infringement concerning its self-propelled combine harvester (HARVES KING). Defendant No. 3 filed an application seeking return of plaint on grounds of lack of territorial jurisdiction. The court dismissed the application, finding that the plaintiff had established jurisdiction under Section 20(c) of the CPC.
Impresario Entertainment And Hospitality Private Limited v.The Registrar Of Trademarks
The Delhi High Court allowed the appeal filed by Impresario Entertainment, setting aside the Registrar of Trademarks' rejection of its trademark application. The court found that the Registrar violated the principles of natural justice because the Appellant was prevented from participating in the scheduled virtual hearing due to technical impediments. Furthermore, the Impugned Order failed to consider crucial evidence, such as a Joint Memorandum of Compromise between the parties. Consequently, the matter has been remanded back for a fair and comprehensive hearing.
Aquestia Limited v.Automat Industries Private Limited
Aquestia Limited filed a suit seeking permanent injunction against Automat Industries Private Limited and its affiliates for infringing Aquestia's registered patent, 'A Fluid Control Valve' (IN 427050). The plaintiff argued that the defendants were imitating established industry products, including the Series 75 valve, and selling infringing products both domestically and internationally. After considering arguments regarding infringement, delay, and balance of convenience, the Delhi High Court found a prima facie case in favor of Aquestia Limited.
Treibacher Industrie Ag v.The Assistant Controller Of Patents And Designs
Treibacher Industrie Ag appealed a rejection of its patent application concerning 'USE OF VANADATES AS OXIDATION CATALYSTS'. The Controller had refused the grant, citing lack of inventive step and issues with amended claims. However, the Delhi High Court set aside the Impugned Order, holding that it failed to adhere to principles of natural justice because it lacked a proper reasoned decision (speaking order). Furthermore, the court found that the Controller neglected to consider the detailed written submissions filed by the Appellant.
Shri Ved Prakash Garg Trading As M/S Parul Food Products v.Mr. Dhruv Singh And Anr.
The Delhi High Court allowed the rectification petitions filed by M/s Parul Food Products against Mr. Dhruv Singh, cancelling two registered trade marks ('FUNSHINE' and a Device Mark) in Class 30. The court found that these Impugned Marks were deceptively and identically similar to the Petitioner's established mark 'FUNFINE'. Given the Petitioner's prior use since 2005 compared to the Respondent's registration date of 2017, the judgment reinforced the principle that a prior user's rights supersede subsequent registrations when likelihood of confusion exists.
Proprietect L P v.The Controller Of Patents
Proprietect L P appealed a rejection order passed by the Controller of Patents concerning its application for a foam laminate product used in vehicle interiors. The appellant argued that the rejection was non-speaking, failed to consider their submissions, and introduced new grounds (Section 10(5)) at the final stage, violating natural justice. The High Court agreed, setting aside the order and remanding the matter.
Ferrero Spa & Ors. v.M. B. Enterprises
Ferrero Spa filed a suit against M. B. Enterprises alleging infringement, passing off, and unfair competition related to its globally recognized brand, NUTELLA. Following reports of counterfeit products being manufactured under the same name in Thane, Maharashtra, Ferrero sought immediate protection. The Delhi High Court granted an interim injunction, restraining the defendant from continuing the alleged infringing activities until further proceedings.
Gsp Crop Science Pvt Ltd v.Br Agrotech Limited And Anr
The plaintiff filed a suit seeking permanent injunction against infringement of its Indian Patent No. 3945681, which covers a synergistic suspo-emulsion formulation of Pyriproxyfen and Diafenthiuron. The court allowed an application for judgment on admission against Defendant No. 2 after finding inescapable liability due to admissions made by the defendant.
Novo Nordisk As v.Dr Reddys Laboratories Limited & Anr.
Novo Nordisk appealed an order passed by the learned Single Judge regarding an interim application in a patent dispute. The respondents argued they had a license to manufacture but not sell the impugned drug in India, reserving the right to export. The High Court disposed of the appeal, advancing the date for further consideration on the issue of export.
F- Hoffmann -La Roche Ag & Anr v.Zydus Lifesciences Limited
The suit was filed seeking permanent injunction against infringement of two Indian patents related to Pertuzumab (Perjeta). The plaintiffs alleged that the defendant was manufacturing and selling a competing version. However, the court found that the plaintiffs failed to conduct necessary analytical characterization or reverse engineering of the defendant's product as required under Section 104A.
E. R. Squibb And Sons, Llc v.Zydus Lifesciences Limited
E. R. Squibb And Sons, Llc filed a suit seeking permanent injunction against Zydus Lifesciences Limited for infringing Indian Patent No. IN 340060, which covers the monoclonal antibody Nivolumab used in cancer treatment. The plaintiffs alleged that the defendant was planning to launch a bio-similar version (ZRC-3276) during the patent's term. The Delhi High Court granted an interim injunction, finding that the plaintiffs had established a prima facie case and irreparable loss would occur without immediate relief.
Oncquest Laboratories Limited v.Manish Kumar & Anr.
The Delhi High Court allowed a rectification petition filed by Oncquest Laboratories Limited, successfully challenging the registration of the identical mark 'ONCQUEST' held by the respondent. The court found that the petitioner was the prior user and adopter of the trademark since 2007, while the respondent failed to provide evidence of use for their registered mark. Furthermore, the court determined that the respondent had adopted the mark dishonestly to trade upon the established goodwill of the petitioner, leading to the cancellation of the impugned registration.
Mold Tek Packaging Limited v.Pronton Plast Pack Pvt. Ltd.
Mold Tek Packaging Limited challenged a Commercial Court order that had vacated an ad-interim injunction restraining Pronton Plast Pack Pvt. Ltd. from manufacturing and selling products infringing Mold Tek's patents (IN 4014173 and IN 2987244). The suit patents relate to tamper-evident lid closure systems used for food containers. The Delhi High Court set aside the impugned order, finding that the Commercial Court had erred in its application of legal principles regarding infringement. Consequently, the original injunction was restored to remain in operation pending a fresh consideration by the lower court.
Dolby International Ab v.Lava International Limited
Dolby filed a suit claiming infringement of its SEPs related to AAC technology against Lava. During negotiations, which failed, Dolby sought interim relief and the court directed Lava to provide security. The court subsequently ordered Lava to deposit or guarantee INR 20,08,06,293.92 covering past sales (2019-2024) as a pro tem measure.
M/S Sita Ram Iron Foundry And Engineering Works v.Hindustan Technocast (P) Ltd.
The Delhi High Court dismissed a rectification petition filed by M/S Sita Ram Iron Foundry against Hindustan Technocast regarding the trademark 'BADAL'. The petitioner alleged that the respondent's registration was obtained through fraud and fabricated documents. However, the court held that while anomalies in the respondent's documentation were noted, the petitioner failed to establish the veracity of their claims on the face of it. Consequently, the cancellation of the long-standing mark could not be granted without a thorough evidentiary test before the Trial Court.
Albemarle Corporation v.The Controller Of Patents
Albemarle Corporation appealed the refusal of its patent application (No. 2897/DELNP/2012) by the Controller of Patents, which cited lack of novelty and inventive step. During the appeal, the appellant sought to file an auxiliary claim set restricting the scope to a process aspect for cleaning polyurethane foam. The Court allowed this amendment and remanded the matter for fresh examination.
Pawan Kumar Mittal Proprietor, Salasar Dev Basmati House v.Vijay Gupta & Ors.
The Delhi High Court overturned a District Judge's refusal to grant an ex parte ad interim injunction in a trademark infringement case. The court held that the lower court failed to provide any reasoning for its disinclination, which is legally unsustainable when addressing such urgent relief. Citing precedent regarding passing off and infringement, the High Court emphasized the necessity of immediate action, including appointing a Local Commissioner, if a prima facie case exists.
Conqueror Innovations Private Limited v.Xiaomi Technology India Private Limited
The plaintiffs filed a suit seeking permanent and interim injunction against Xiaomi for allegedly infringing their patented technology, 'A Communication Device Finder System', which is listed as a Standard Essential Patent (SEP). The court dismissed both applications for interim injunction, citing the plaintiff's failure to establish a prima facie case of infringement and noting an inordinate delay in filing the suit.
Dabur India Limited v.Patanjali Ayurved Limited And Anr.
Dabur India Limited filed a suit seeking permanent and mandatory injunction, alleging that Patanjali Ayurved Limited disparaged Dabur Chyawanprash and the entire market class through its advertisements (TVC and Print Advertisements) for 'Patanjali Special Chyawanprash'. The court heard interim applications regarding these ads.
Bhalla Sports Pvt Ltd. v.Ashutosh Bhalla M/S Vinex Enterprises Pvt. Ltd. & Anr.
The Delhi High Court allowed a rectification petition filed by Bhalla Sports Pvt Ltd. against Ashutosh Bhalla M/S Vinex Enterprises, directing the cancellation of an infringing trademark registration. The court found that the petitioner was the 'prior user' of the mark 'SOFT TOUCH' since 2001, which predated the respondent's application and use claims. Given the identical nature of the goods (sports goods) and the deceptive similarity of the marks, the court ruled that the subsequent registration was invalid and must be removed from the register.
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