Delhi High Court
1664 cases · page 56 of 56
Showing 1651–1663Western Engineering Company v.America Lock Company
Western Engineering Company held a registered design for a horse-shoe shaped cycle lock. America Lock Company also obtained a similar design registration. Western Engineering Company sued America Lock Company for infringement, claiming the latter copied its design. The court analyzed both designs to determine if they were original or merely trade variants.
Hindustan Sanitaryware And Industries Limited v.Neiveli Ceramics And Refractories Ltd.
Hindustan Sanitaryware (petitioner) filed a petition before the Delhi High Court seeking the revocation of Patent No. 103411 held by Neiveli Ceramics (respondent). The core dispute revolved around whether the Delhi High Court had jurisdiction to hear the revocation petition, and whether the proceedings should be stayed due to an existing infringement suit in Madras.
Sukhdayal And Ors. v.Prina Chemical Works And Ors.
The defendants appealed against a trial court order that found them guilty of passing off goods using a similar trade mark ('Sun Brand No. 1919') to the plaintiffs' 'Sun Brand Hair Dye 929'. The appellate court ultimately allowed the appeal, finding that the plaintiffs were estopped from suing due to laches and delay.
National Research Development ... v.Bhupal Mining Works Etc.
The plaintiff filed a suit for recovery of unpaid royalties related to the use of Patent No. 48667 (mica insulating bricks). The defendant filed an application under Section 34 of the Arbitration Act, 1940, seeking a stay of the suit, arguing that disputes regarding royalty calculation and patent rights should be referred to arbitration. The court dismissed the application, finding no prior dispute existed and noting the defendants' failure to invoke the arbitration clause earlier.
Metro Playing Card Co. v.Wazir Chand Kapoor
The dispute arose when the respondent, who held a registered trademark (tractor device and word 'tractor') for playing cards, sued the appellant for infringing this mark. The appellant argued that its own application for the 'Ferguson' trade mark was accepted for registration and that there was no infringement. The court found prima facie evidence of infringement.
Wearwell Cycle Co. (India) Limited v.Wearwell Industries And Anr.
The Delhi High Court ruled in favor of Wearwell Cycle Co. (India) Limited, granting a temporary injunction against Wearwell Industries and Anr. The court found that the defendant's use of the 'Wearwell' trademark on their cycles was likely to mislead the public into believing they were associated with the plaintiff. Despite the defendants claiming rights based on an agreement with the original English company, the court held that the plaintiff had established sufficient reputation and goodwill in India, making the defendant's continued use of the mark a tort of passing off.
Columbia Pictures Industries, Inc v.Registrar Of Trade Marks & Anr
Columbia Pictures Industries, Inc appealed against the order of the Registrar of Trade Marks rejecting their opposition to the registration of the mark GHOST BUSTER. The appellant argued that the mark is similar to their well-known trademark GHOSTBUSTERS and that the respondent had applied for registration in bad faith. The court quashed and set aside the impugned order and remanded the case for fresh consideration. The Registrar will now consider the appellant's contentions relating to alleged bad faith and the claim that the mark GHOSTBUSTERS is entitled to protection as a well-known trademark.
Interdigital Patent Holdings Inc & Anr v.Shenzhen Transsion Holdings Co Ltd & Ors
The Delhi High Court directed the defendants to deposit a sum or submit an unconditional bank guarantee as pro-tem security payment in a patent infringement case related to wireless communication technology. The plaintiffs, Interdigital Patent Holdings Inc, claimed that their technological innovations were protected by over 31,500 patents and applications worldwide. The defendants, Shenzhen Transsion Holdings Co Ltd, were engaged in the business of manufacturing and selling smartphones under various brands.
Intra-Cellular Therapies, Inc v.The Controller Of Patents
The Delhi High Court has upheld the decision of the Controller of Patents to reject the patent application of Intra-Cellular Therapies, Inc. The application was rejected on the grounds of lack of novelty and non-patentability. The court held that the applicant failed to establish the novelty of the invention and that the invention did not meet the requirements of Section 3(d) of the Patents Act. The court also observed that the applicant had not provided sufficient data to support its claims of enhanced therapeutic efficacy.
Crocs Inc Usa v.M/S Bata India Ltd And Ors
The Delhi High Court awarded costs in favor of the defendant, M/S Bata India Ltd, in a design infringement suit filed by Crocs Inc Usa. The court directed the plaintiff to pay a sum of Rs. 24,63,400/- to the defendant within three months. The suit was initially filed seeking permanent injunction restraining infringement of Design Registration no. 197685, but the court had earlier dismissed the interim injunction applications and allowed the defendant's application under Order XXXIX Rule 4 CPC.
More Than Water Private Limited v.Nesco Limited
The Delhi High Court heard an appeal against a single judge's order denying an absolute interim injunction in a trademark dispute between More Than Water Private Limited and Nesco Limited. The court imposed a territorial restraint, allowing both parties to continue manufacturing and selling their products within their respective states. The court also directed the Registrar of Trademarks to take note of the restraint and make an appropriate noting in its register.
Ashiana Ispat Limited v.Kamdhenu Limited & Ors.
The Delhi High Court dismissed an appeal by Ashiana Ispat Limited against a single judge's order granting an interim injunction in favor of Kamdhenu Limited. The court held that Ashiana Ispat Limited cannot use the mark 'AL KAMDHENU GOLD' as it is deceptively similar to Kamdhenu Limited's registered marks. The court also issued directions to preserve the rights of both parties pending final determination of the suit.
Imagine Marketing Pvt. Ltd v.Exotic Mile
The Delhi High Court dismissed an application for interim injunction filed by Imagine Marketing Pvt. Ltd against Exotic Mile, seeking to restrain the defendant from using the trademark BOULT, which was deemed deceptively similar to the plaintiff's registered trademarks BOAT/boAt. The court found that the defendant had discontinued the use of the impugned marks and had transitioned to a new trademark, rendering the application without merit. The case highlights the importance of establishing undue hardship in seeking interim relief. The court's decision is significant as it demonstrates the application of trademark law principles in determining the similarity between marks and the potential for consumer confusion.
Sun Pharma Laboratories Ltd v.Finecure Pharmaceuticals Ltd. & Ors.
Sun Pharma Laboratories Ltd filed an appeal against the refusal of interim injunction by the Single Judge in a trademark infringement case against Finecure Pharmaceuticals Ltd. The Appellant claimed that the Respondent's mark 'PANTOPACID' is deceptively similar to their registered mark 'PANTOCID'. The Court allowed the appeal with directions, granting the Respondents liberty to dispose of their existing stock within a limited period.
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