1680 cases · page 9 of 56

patent plaintiff favorable · Nov 20, 2024

Prakash Pipes Limited v.Jai Ambay Industries And Anr.

Delhi High Court · 58369401

The Delhi High Court allowed a rectification petition filed by Prakash Pipes Limited against Jai Ambay Industries. The court found that the respondent's registration of the mark 'KIRANPARKASH' was obtained fraudulently and dishonestly, as it was confusingly similar to the petitioner's established mark 'PRAKASH'. Furthermore, the court noted discrepancies in the respondent's claimed turnover versus its micro-enterprise status. Consequently, the Court directed the Trade Mark Registry to remove the impugned trademark from the register.

patent plaintiff favorable · Nov 20, 2024

M/S M.H. One Tv Network Pvt. Ltd. v.M/S Mh 7 News And Anr

Delhi High Court · 53662729

The Delhi High Court ruled in favor of M/S M.H. One Tv Network Pvt. Ltd., cancelling the trademark registration 'MH7' held by the respondents. The court found that the mark 'MH7' was deceptively similar to the petitioner's established and prior trademark 'MH1'. Given the similarity and the fact that both parties operate in the same media/entertainment sector, the court determined that the respondent's registration was illegal and liable for removal.

patent plaintiff favorable · Nov 14, 2024

M/S ILU A SOLE PROPRIETORSHIP CONCERN OF MRS VIDUSHI CHAWLA v.ASIAN HOBBY CRAFTS LLP AND ANR

Delhi High Court · 37681425

The Delhi High Court allowed a rectification petition filed by M/S ILU against Asian Hobby Crafts LLP, successfully challenging the validity of the 'DREAMCATCHER' trademark. The court ruled that since 'DREAMCATCHER' is a generic and descriptive term for a specific type of decorative product, its registration violated Section 9(1) of the Trade Marks Act, 1999. This decision reinforces the principle that no party can claim an exclusive monopoly over common or descriptive terms defining a product.

patent plaintiff favorable · Nov 14, 2024

Puma Se v.Sh Jugal Kishore Jain T/A M/S Ashish Jain Textile Mills (Regd) and Anr.

Delhi High Court · 12903723

The Delhi High Court ruled in favor of Puma Se, ordering the cancellation and removal of two trademarks ('and/PUMAXE (Label)') registered by Sh Jugal Kishore Jain T/A M/S Ashish Jain Textile Mills. The court found that the impugned marks were deceptively similar to Puma's prior and well-known 'PUMA' trademark, which is associated with identical goods (clothing, footwear). Furthermore, the court noted a lack of continuous use by the respondent for one of the marks, reinforcing the grounds for rectification under the Trade Marks Act.

patent mixed · Nov 13, 2024

Modi-Mundipharma Pvt. Ltd. & Anr. v.Win Health Pharma Through Its Proprietor Mr. Sanjay Seth & Anr.

Delhi High Court · 146648801

The Delhi High Court allowed the plaintiffs to challenge the validity of the defendant's registered trademarks, 'WIN HEALTH PHARMA,' under Section 124 of the Trademarks Act. The core dispute revolves around prior use rights, as the plaintiff claims established goodwill with marks like 'WIN-HEALTHCARE' since 2005, while the defendant holds registrations for similar names. Given that both parties presented substantial arguments regarding priority and similarity, the court found prima facie merit in the plaintiffs' plea of invalidity.

patent plaintiff favorable · Nov 12, 2024

Astrazeneca Ab & Anr. v.Westcoast Pharmaceutical Works Limited

Delhi High Court · 182933814

Astrazeneca filed suit against Westcoast Pharmaceutical Works Limited alleging infringement of its patent (IN 297581) covering the cancer drug Osimertinib. The plaintiffs sought permanent injunctions and damages, asserting that the defendant's offer to contractually manufacture and sell the patented compound constituted infringement. Despite initial defenses by the defendant regarding regulatory approval issues, the court found that due to the defendant's failure to file a written statement within the statutory period, the suit was decreed in favor of AstraZeneca, granting them relief and substantial costs.

patent plaintiff favorable · Nov 12, 2024

Comviva Technologies Limited v.Assistant Controller Of Patents & Design

Delhi High Court · 197857960

Comviva Technologies Limited appealed the Assistant Controller's decision to refuse grant for its patent application concerning methods and devices for authenticating electronic payment cards using an electronic token. The Controller had rejected the application, citing that the claims fell under Section 3(k) as being a 'business method' or 'computer programme per se'. However, the Delhi High Court overturned this refusal, holding that the invention addresses a technical problem—enhancing security in contactless payments—rather than merely automating a business process. The court affirmed that the technical contribution makes the subject matter patentable.

patent plaintiff favorable · Nov 12, 2024

Opella Healthcare Group v.Vaibhav Vohra & Anr.

Delhi High Court · 172684029

The Delhi High Court ruled in favor of Opella Healthcare Group, ordering the cancellation of a competing trademark and copyright held by Vaibhav Vohra & Anr. The court found that the respondent's mark 'PHENSERYL' was phonetically and visually deceptively similar to the petitioner’s long-established mark 'PHENSEDYL,' leading to potential consumer confusion in the pharmaceutical sector. Furthermore, the court cancelled the associated copyright registration due to substantial imitation of the petitioner's original artistic packaging.

trademark plaintiff favorable · Nov 11, 2024

Panchhi Petha Store v.Union Of India & Ors

Delhi High Court · 73583834

The Delhi High Court set aside an order passed by the Regional Director which rejected a trademark rectification application. The petitioner argued that the RD exceeded its jurisdiction by making a finding on the ownership of the 'Panchhi' trademark, a matter reserved for IP courts. The court agreed, stating that while the RD can examine name similarity to prevent consumer confusion, it cannot adjudicate disputed questions of trademark ownership between parties involved in ongoing litigation.

patent interim order · Nov 5, 2024

City Glass And Glazing Pvt Ltd v.Ozone Overseas Pvt Ltd

Delhi High Court · 198019973

The suit was filed seeking permanent injunction against infringement of a registered patent for a self-locking glazing system. The present application sought permission to take on record additional invoices and bank statements, which were needed to respond to objections raised by the defendant regarding discrepancies in earlier filings. The court allowed the plaintiff's application under Order XI Rule 1(c)(ii) CPC.

patent No outcome · Nov 4, 2024

UNILIN BEHEER B.V. v.BALAJI ACTION BUILDWELL

Delhi High Court · 13055448

The plaintiff filed a suit seeking a permanent injunction against the defendant for infringing its registered patent related to flooring technology. The case involves the plaintiff's licensing program and the confidentiality of third-party license agreements.

patent plaintiff favorable · Oct 29, 2024

Pravesh Narula Trading As M/S. Capital Enterprises v.Raj Kumar Jain Trading As M/S. Bholaram Puranmall And Anr.

Delhi High Court · 185756127

The Delhi High Court permitted the plaintiff to amend their plaint, allowing them to incorporate facts regarding the subsequent registration of their trademark. The court emphasized that amendments are necessary for the proper adjudication of a case and should not be rejected on hypertechnical grounds, especially when avoiding multiplicity of litigation is at stake. This ruling reinforces the liberal approach courts must take when considering pleadings amendments in IP disputes.

patent plaintiff favorable · Oct 24, 2024

Promoshirt Sm. S.A. v.The Registrar Of Trade Marks

Delhi High Court · 15796960

The Delhi High Court ruled in favor of Promoshirt Sm. S.A., directing The Registrar of Trade Marks to renew and restore a trademark application (No. 1355453). The petitioner argued that the delay in issuing the registration certificate, which occurred two years after the validity expired, prevented timely renewal. Citing precedent, the Court held that the proprietor should not be penalized for procedural lapses by the Registry, mandating the issuance of the renewal certificate and necessary database corrections.

patent plaintiff favorable · Oct 24, 2024

Promoshirt Sm. Pvt. Ltd. v.The Registrar Of Trade Marks

Delhi High Court · 128869915

The Delhi High Court ruled in favor of Promoshirt Sm. Pvt. Ltd., directing the Registrar of Trade Marks to restore and renew a trademark registration (No. 1150198). The petitioner argued that the delay in issuing the certificate, coupled with failure to serve mandatory renewal notices (O-3 Notice), prevented them from renewing their mark despite its initial validity period expiring. Citing precedent, the Court held that the proprietor should not be penalized for administrative lapses by the Registry, mandating the restoration and subsequent renewal of the trademark.

patent In favor of Plaintiff · Oct 14, 2024

Interdigital Technology Corporation v.Guangdong Oppo Mobile

Delhi High Court · P177153627

The plaintiffs claim infringement of five of their Standard Essential Patents (SEPs) by the defendants' mobile devices. They seek a permanent injunction against the manufacture and sale of these devices, along with damages.

patent In favor of Plaintiff · Oct 14, 2024

Interdigital Technology Corporation v.Guangdong Oppo Mobile

Delhi High Court · P160868433

The plaintiffs claim infringement of five of their Standard Essential Patents (SEPs) by the defendants' mobile devices. They seek a permanent injunction against the manufacture and sale of these devices, along with damages.

patent plaintiff favorable · Oct 14, 2024

Interdigital Technology Corporation & Ors. v.Guangdong Oppo Mobile Telecommunications Corp. Ltd. & Ors.

Delhi High Court · P105743230

Samsung Electronics filed applications seeking intervention to prevent the disclosure of its Patent License Agreement (PLA) dated 1st June, 2014, between Samsung and InterDigital Group Companies. The dispute centered on whether the PLA could be shared with defendants' in-house representatives within a confidentiality club established by the court. The Court ultimately directed that the PLA must be shown to the defendants' representatives, subject to specific restrictions.

patent In favor of Plaintiff · Oct 14, 2024

Interdigital Technology Corporation v.Guangdong Oppo Mobile

Delhi High Court · 14176588

The plaintiffs claim infringement of five of their Standard Essential Patents (SEPs) by the defendants' mobile devices. They seek a permanent injunction against the manufacture and sale of these devices, along with damages.

patent plaintiff favorable · Oct 14, 2024

Interdigital Technology Corporation & Ors. v.Guangdong Oppo Mobile Telecommunications Corp. Ltd. & Ors.

Delhi High Court · 41687320

Samsung Electronics Co. Ltd. filed applications seeking intervention to prevent the disclosure of a Patent License Agreement (PLA) dated 1st June, 2014, between Samsung and InterDigital Group Companies. The dispute centered on whether the PLA could be shared with defendants' in-house representatives within a confidentiality club established by the court. The Court ultimately directed that the PLA must be shown to the defendants' representatives, subject to specific restrictions.

patent defendant favorable · Oct 9, 2024

F- Hoffmann -La Roche Ag & Anr. v.Zydus Lifesciences Limited

Delhi High Court · 76765631

The plaintiffs filed an application seeking permanent injunctions and recall orders against the defendant regarding the sale of 'Sigrima', a biosimilar of Pertuzumab, infringing patents IN 268632 and IN 464646. The court dismissed the application, finding that the plaintiffs failed to establish a prima facie case or demonstrate irreparable loss.

trademark plaintiff favorable · Oct 4, 2024

Ube Industries Limited & Anr. v.S. Vijaya Bhaskar & Ors.

Delhi High Court · 187920882

The Delhi High Court ruled in favor of Ube Industries Limited, granting a permanent injunction against S. Vijaya Bhaskar & Ors. for trademark infringement and passing off related to the 'UBE' mark. The plaintiffs successfully demonstrated their long-standing use and registration of the distinctive trademark across various industries, despite the defendants claiming prior usage. This judgment reinforces the importance of established goodwill and registered rights in preventing unauthorized commercial exploitation.

patent plaintiff favorable · Oct 3, 2024

Thijs, Roeland Michel Mathieu v.Assistant Controller Of Patents And Designs

Delhi High Court · 180515945

The appeal challenged the refusal by the Assistant Controller to restore Patent No. 408932, which had been ceased due to non-payment of renewal fees. The appellant argued that the failure was caused because the patent grant notification was sent to an erroneous email address instead of the registered service address. The court allowed the appeal, finding that the cessation was not the fault of the appellant.

patent pending · Sep 27, 2024

Master Arnesh Shaw v.Union of India & Anr.

Delhi High Court · 20023358

The matter concerns the cumbersome and long-drawn process for procuring specialized medicines for DMD patients on a patient-by-patient basis. The court directed M/s. Sarepta Therapeutics to present a general, bulk procurement process and disclose all its relevant patents and patent applications in India.

patent pending · Sep 27, 2024

Master Arnesh Shaw v.Union Of India & Anr.

Delhi High Court · 36759982

The court heard multiple connected matters concerning the procurement of rare disease medicines, specifically those used for DMD patients. The petitioner argued that the current patient-to-patient process is extremely cumbersome and inefficient. Consequently, the court directed M/s. Sarepta Therapeutics to present a bulk procurement process and disclose its relevant patent information.

patent pending · Sep 27, 2024

Master Arnesh Shaw Through His Next Friend And ... v.Union Of India & Anr.

Delhi High Court · 199253849

The petition addressed the cumbersome and long-drawn process for procuring specialized medicines for DMD patients on a patient-by-patient basis. The court directed M/s. Sarepta to document a bulk procurement process and provide details of all its relevant Indian patents and patent applications.

patent pending · Sep 27, 2024

Master Arnesh Shaw v.Union Of India & Anr.

Delhi High Court · 101561095

The petition addressed the extremely cumbersome and long-drawn process for procuring specialized medicines on a patient-by-patient basis. The court directed M/s. Sarepta Therapeutics to place on record a general bulk procurement process and provide details of all its granted patents and patent applications in India related to DMD patients.

patent pending · Sep 27, 2024

Master Arnesh Shaw v.Union Of India & Anr.

Delhi High Court · 176800166

The petition addressed the extremely cumbersome and long-drawn process for procuring rare disease medicines on a patient-by-patient basis. The court directed M/s. Sarepta Therapeutics to place on record a general bulk procurement process and provide details of all its granted patents and patent applications filed in India concerning DMD patients.

patent pending · Sep 27, 2024

Master Arnesh Shaw v.Union Of India & Anr.

Delhi High Court · 154986053

The petition addressed the extremely cumbersome and long-drawn process for procuring specialized medicines for DMD patients on a patient-by-patient basis. The court directed M/s. Sarepta Therapeutics to place on record a general bulk procurement process and provide details of all its granted patents and patent applications in India related to these medicines.

patent pending · Sep 27, 2024

Master Drashtant Jhala Through His Next Friend and Natural Father Sh. Jaydeep Singh Jhala v.Union of India & Anr.

Delhi High Court · 168878918

The petition addresses the extremely cumbersome and long-drawn process for procuring rare disease medicines on a patient-by-patient basis. The court directed M/s. Sarepta Therapeutics to place on record a general bulk procurement process and provide details of all its granted patents and patent applications in India related to DMD patients.

patent pending · Sep 27, 2024

Master Arnesh Shaw v.Union Of India & Anr.

Delhi High Court · 5265078

The court heard matters concerning the procurement process for medicines used for DMD patients, noting that the current patient-by-patient system is cumbersome and unrealistic. The court directed M/s. Sarepta Therapeutics to present a general bulk procurement process and disclose its relevant patent portfolio in India.

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