Delhi High Court
1672 cases · page 7 of 56
Showing 181–209Adyar Gate Hotels Limited v.ITC Limited & Anr.
The Delhi High Court set aside an ex-parte interim injunction that had restrained Adyar Gate Hotels Limited from using the trademark 'Dakshin'. The court found that the Single Judge failed to appreciate that the appellant was independently using the mark since 2015 and had shifted premises recently. This decision allows the matter to proceed on merits, requiring the appellant to file a formal response before the case is heard fully.
Allied Blenders And Distillers Limited v.Boutique Spirit Brands Private Limited
The Delhi High Court ruled in favor of Allied Blenders And Distillers Limited, granting a permanent injunction against Boutique Spirit Brands Private Limited for trademark infringement. The court found that the defendant's mark 'MYRON' was deceptively similar to the plaintiff’s established brand 'KYRON,' particularly as both were used for French Brandy. Furthermore, the court cancelled the defendant's registered trademarks ('BSB MYRON') following rectification petitions, effectively protecting the plaintiff's market exclusivity.
The Regents Of The University Of California v.The Controller Of Patents
The Regents of the University of California appealed the refusal of their patent application concerning a recombinant Salmonella microorganism based live vaccine. The Controller argued that the broad scope of the claims led to two major issues: first, they potentially covered naturally occurring loss-of-function variants, making them non-patentable under Section 3(c) of the Patents Act; and second, the complete specification lacked sufficient disclosure and clarity for the wide range of organisms claimed. The Delhi High Court upheld the Controller's decision, dismissing the appeal on grounds of insufficient disclosure and non-patentability.
Koninklijke Philips Electronics N.V. v.Maj(Retd) Sukesh Behl & Anr
Koninklijke Philips Electronics N.V. initiated legal proceedings against Maj(Retd) Sukesh Behl and others concerning a Suit Patent related to an 8/16 modulation method used in data recording on discs. The court addressed complex issues, including the patent's validity under various sections of the Patents Act (such as novelty, sufficiency of disclosure, and non-patentability). Ultimately, after analyzing infringement claims and the defendants' conduct, the judgment focused on determining appropriate FRAND royalty rates for the patented technology.
Punjab Fc Private Limited v.Posshusa Apparels India Private Limited
Punjab Fc Private Limited filed a petition seeking the removal (rectification) of the 'PFC' trademark registered under application no. 4611789 in Class 25, which was held by Posshusa Apparels India Private Limited. The petitioner highlighted a prior favorable judgment regarding an identical device mark. The Court accepted notice and directed that formal notices be issued to all parties, setting timelines for filing replies and rejoinders before listing the matter further.
F Hoffmann-La Roche Ltd & Others v.Drugs Controller General of India & Others
The plaintiffs, innovators of biological drugs 'bevacizumab' (AVASTIN) and 'trastuzumab' (HERCEPTIN), filed suits against generic manufacturers (Hetero and Cadila) seeking permanent injunctions. The current judgment addresses applications for the disclosure and production of documents related to the defendants' regulatory approvals, arguing that the approvals were obtained by suppressing material facts.
F Hoffmann-La Roche Ltd v.Drugs Controller General Of India
The plaintiffs, innovators of biological cancer drugs 'bevacizumab' (AVASTIN) and 'trastuzumab' (HERCEPTIN), filed suits against the Drugs Controller General of India and associated defendants. The current judgment addresses applications seeking disclosure and production of documents related to the DCGI approvals granted to bio-similar versions of these drugs.
Vgx Pharmaceuticals Inc v.The Controller General Of Patents, Designs And Trademarks
Vgx Pharmaceuticals Inc challenged the refusal of its patent application concerning 'Electroporation Devices and Methods.' The appeal argued that the Assistant Controller's order was unreasoned, failing to provide a clear justification for rejecting the invention based on prior art D4 and D5. The Delhi High Court agreed, finding the impugned order cryptic and lacking necessary analysis regarding inventive step. Consequently, the court allowed the appeal, setting aside the refusal and remanding the matter back to the Patent Office for fresh consideration.
Mankind Pharma v.Lemford Biotech Pvt Ltd.
The Delhi High Court allowed a rectification petition filed by Mankind Pharma against Lemford Biotech Pvt Ltd., directing the removal of the trademark 'LENOKIND'. The court found that 'LENOKIND' was confusingly similar to Mankind Pharma’s established and well-known family of marks, particularly those containing the element 'KIND'. Given Mankind Pharma's extensive prior use, massive market presence in pharmaceuticals, and acquired goodwill, the registration of 'LENOKIND' was deemed liable for cancellation under Section 57 of the Trade Marks Act.
Sammaan Capital Limited & Ors. v.Svamaan Financial Services Private Limited & Ors.
The Delhi High Court disposed of appeals filed by Sammaan Capital Ltd and Sammaan Finserv Ltd against an injunction restraining them from using marks similar to Svamaan Financial Services Pvt Ltd's registered trademarks. While the court stayed the operation of the restrictive judgment, allowing the appellants to continue their use in the interim, it imposed strict conditions. The appellants must prominently display 'Formerly known as Indiabulls' and include a clear disclaimer stating they have no connection with Svamaan Financial Services Pvt Ltd.
Sammaan Finserv Limited v.Svamaan Financial Services Private Limited
The Delhi High Court addressed appeals challenging an injunction restraining Sammaan Finserv and Sammaan Capital from using names similar to Svamaan Financial Services' registered trademarks. The court disposed of the interim applications by staying the operation of the restrictive judgment, allowing the appellants time to continue their current advertising campaigns. However, it mandated that the appellants must include clear disclaimers in all future advertisements, such as 'Formerly known as Indiabulls' and 'We have no connection with Svamaan Financial Services Pvt Ltd,' to prevent consumer confusion.
Manash Lifestyle Private Limited v.Shabina Kundial & Anr.
Manash Lifestyle Private Limited successfully petitioned for the rectification and removal of a deceptively similar trade mark registered by Shabina Kundial & Anr. The petitioner, which operates under the renowned FACES brand in beauty and wellness, demonstrated extensive prior use, goodwill, and reputation associated with its marks. The court found that the impugned mark was confusingly similar to the established FACES marks and was adopted dishonestly to ride over the petitioner's reputation, leading to the cancellation of the infringing registration.
Mr Abhishek Sharma & Anr. v.Assistant Controller Of Patents And Designs
The appellants appealed a decision by the Assistant Controller of Patents and Designs refusing their patent application (No. 202111053480). The subject matter related to 'black coloured wearing' and its alleged effects on human health, which the Controller rejected as non-technical and an abstract theory lacking scientific evidence. The High Court dismissed the appeal both on merits and due to the inordinate delay in filing.
Svamaan Financial Services Private Limited v.Sammaan Capital Limited & Ors.
The Delhi High Court granted an interim injunction in favor of Svamaan Financial Services Private Limited against Sammaan Capital Limited and others. The court found a prima facie case of trademark infringement because the competing mark 'SAMMAAN' is deceptively similar to the plaintiff's 'SVAMAAN' marks, and both parties operate in identical financial services sectors (granting loans). Despite initial challenges regarding the authenticity of the plaintiff's registration certificates, the court confirmed their validity through a status report from the Trade Marks Registry, thus upholding the injunction.
Aditya Birla Fashion And Retail Limited v.Friends Inc & Anr.
The Delhi High Court ruled in favor of Aditya Birla Fashion And Retail Limited, granting permanent injunctions against Friends Inc for infringing the 'PETER ENGLAND' trademark. Furthermore, the court declared 'PETER ENGLAND' as a well-known trademark under the Trade Marks Act, 1999. The judgment emphasized that compliance with initial restraining orders was sufficient to proceed toward final decree and recognition of brand reputation.
Anshul Vaish, Partner Rohit Wrapers v.Hari Om And Co. And Anr.
The Delhi High Court allowed a rectification petition filed by Anshul Vaish, Partner Rohit Wrapers, against Hari Om And Co. The court cancelled Respondent No. 1's registered mark because the petitioner demonstrated prior and continuous use of the dominant feature 'ROHIT' since 2000, predating the respondent's claim of use in 2005. Given the identical nature of the marks (despite language differences) and the commonality of goods, the court found that allowing the registration would inevitably cause confusion among consumers.
Star India Pvt. Ltd. v.Ashar Nisar & Ors.
Star India Pvt. Ltd., an entertainment media company, filed a suit against various individuals and entities for the unauthorized dissemination and broadcasting of its copyrighted content through rogue mobile applications and illicit websites. The plaintiffs asserted their exclusive rights over content streamed via STAR Channels and Disney+ Hotstar. Given that the defendants failed to contest the suit by filing a written statement despite being served, the Delhi High Court found them liable for copyright piracy.
Oracle America, Inc. v.Mr. Sandeep Khandelwal And Anr
The Delhi High Court allowed Oracle America's petition seeking rectification and cancellation of a rival trademark, JAVATPOINT/. The court found that the impugned mark was deceptively similar to Oracle's well-established 'JAVA' mark, which has been used since the 1990s. Given the identical target consumer base in educational services (Class 41), the court ruled that the respondent had dishonestly adopted the mark to ride on Oracle's goodwill and reputation, leading to its removal from the Trade Marks Register.
Dwarka Matlani v.Jay Daryani
Dwarka Matlani filed a rectification petition challenging the copyright registration granted to Jay Daryani for the label and packaging titled 'ROYAL'. The petitioner argued that the registered artwork was a slavish imitation of their own established trademark/label, which they had used since 1997. Furthermore, the petitioner contended that the registration process concealed material facts regarding the true ownership of the artistic work. The court found that the respondent's label was an imitation and lacked originality, making it ineligible for copyright protection. Given these findings, the High Court allowed the petition, directing the removal of the impugned copyright from the Register.
Goodai Global Inc v.Shahnawaz Siddiqu & Anr.
The Delhi High Court allowed a rectification petition filed by Goodai Global Inc against Shahnawaz Siddiqu & Anr., directing the removal of an identical device mark registration (No. 5635163) in Class 3. The court found that the respondent obtained the mark dishonestly and in bad faith, attempting to trade upon the petitioner's established goodwill associated with its 'Beauty of Joseon' brand. Given the clear intent to appropriate the petitioner's reputation, the registration was deemed liable for cancellation under Section 57 of the Trade Marks Act.
Bajaj Resources Limited & Anr v.Goyal Herbals Private Limited & Ors
The Delhi High Court permitted the plaintiffs, Bajaj Resources Limited & Anr, to amend their original plaint in a trademark infringement and passing off suit. The court held that introducing subsequent trade mark registrations, evidence of enhanced goodwill, and relevant judicial records did not change the nature or character of the existing dispute. This decision allows the plaintiffs to strengthen their case by incorporating new statutory rights acquired after the suit's inception.
Dcm Shriram Limited v.Mr Amreek Singh Chawla & Ors.
The defendants filed an application seeking vacation of an ex-parte ad interim injunction order granted to the plaintiff. The court considered arguments that the plaintiff had suppressed facts, specifically claiming they only discovered the infringing product on 30th October 2024, when in fact they were aware of the defendant's mark since 2018. Consequently, the court vacated the injunction and referred the matter to mediation.
Macleods Pharmaceuticals Ltd. v.The Controller Of Patents & Anr.
Macleods Pharmaceuticals Ltd. (Petitioner) filed a revocation petition against Indian Patent IN 243301, held by Boehringer Ingelheim Pharma GmbH & Co. KG (Respondent No. 2), concerning the anti-diabetic drug LINAGLIPTIN. The Respondent challenged the maintainability of the petition on grounds that it was filed after the patent expired and because invalidity had already been raised in an ongoing infringement suit. The Court dismissed these objections, holding that a revocation petition can be sustained even after the patent term expires.
Krbl Limited v.Praveen Kumar Buyyani & Ors.
The Delhi High Court allowed Krbl Limited's appeal, overturning a Commercial Court decision that had vacated an existing injunction. The court found that the respondent's use of 'Bharat Gate' for rice constituted clear infringement of the appellant's registered trademark 'India Gate.' Citing established legal precedents, the High Court held that prima facie evidence of infringement necessitates the continuation of the injunction to protect the goodwill and reputation of the original mark.
Gensol Electric Vehicles Pvt. Ltd. v.Mahindra Last Mile Mobility Limited
The Delhi High Court dismissed the plaintiff's interim injunction request concerning alleged trademark infringement. Gensol Electric Vehicles sought to restrain Mahindra Last Mile Mobility from using 'eZEO,' claiming prior rights over 'EZIO.' However, the court found that the plaintiff failed to establish a prima facie case for confusion, noting that the defendant had already launched its product while the plaintiff was yet to market theirs. The judgment emphasizes the importance of actual market presence and use when assessing likelihood of confusion.
Novartis Ag v.Natco Pharma Limited
The suit was filed by Novartis seeking permanent injunction against infringement of its patent IN'026. Natco Pharma sought leave to file an additional written statement, arguing that plaintiffs suppressed documents relating to a prior Divisional Application which led to the grant of the patent. The Court allowed the application, holding that Order VIII Rule 9 CPC grants wide discretion to allow such pleadings in the interest of justice.
Syngenta Limited And Anr. v.Gsp Crop Science Private Limited
The plaintiffs filed an application seeking a direction to the defendant to comply with the mutually agreed Terms of Reference (ToR) and provide access to specific documents shared under the ToR. The defendant opposed this, citing concerns over leakage of proprietary information and violation of Section 104A of the Patents Act. The Court ruled in favor of the plaintiffs, directing the defendant to supply the requested information while allowing redaction of supplier names.
Diamond Modular Pvt Ltd. v.Yash Arora As Trading As Siddhi Vinayak Traders And Anr.
The Delhi High Court allowed a rectification petition filed by Diamond Modular Pvt Ltd., leading to the cancellation of the respondent's trademark, 'GREEN DIAMOND.' The court found that the impugned mark was deceptively similar and identical to the petitioner's established trademark 'DIAMOND,' which had significant goodwill and reputation in the electrical goods market since 1975. Crucially, the judgment highlighted the dishonest adoption by the respondent, who was an ex-distributor of the petitioner, thereby reinforcing the principle against riding on a competitor's reputation.
RPG Enterprises Limited v.RPG Industrial Products Pvt Ltd.
The Delhi High Court granted a rectification petition filed by RPG Enterprises Limited against RPG Industrial Products Pvt Ltd., leading to the cancellation of the respondent's trademark registration (No. 2778255). The court found that the impugned mark wrongfully incorporated the petitioner’s well-known 'RPG' brand, which has acquired distinctiveness and secondary meaning through long-standing use across various industries. This decision reinforces the principle that a registered mark cannot be maintained if it is deceptively similar to an established, widely recognized trademark.
Evergreen Sweet House v.JV Evergreen Sweets And Treats & Ors.
The Delhi High Court granted an interim injunction in favor of Evergreen Sweet House against JV Evergreen Sweets And Treats. The court found a prima facie case of passing off, noting that the plaintiff has been operating under the 'Evergreen' mark since 1963, establishing significant goodwill and prior use. Given the defendant's recent entry into the market and the likelihood of customer confusion on food delivery platforms, the court restrained the defendants from using the infringing mark until the final suit adjudication.
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