Interim Order
58 interim order decisions from Delhi High Court.
Interim Order Decisions
58 cases | Page 2 of 2
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.
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.
V2 Corp & Anr. v.Innovative Techpack Limited
The plaintiffs filed a suit seeking permanent injunction, damages, and delivery for infringement of their registered JAR designs. The defendant challenged an ex-parte interim order restraining it from manufacturing or selling products with identical or obvious imitations of the plaintiff's designs. The court modified the existing interim order to allow the defendant limited use of certain features while maintaining the rest of the injunction.
Symed Laboratories Pvt. Ltd. v.Sharon Bio-Medicine Ltd. And Ors.
Symed Laboratories filed a suit for permanent injunction against Defendants, alleging infringement of their patents (IN 213062 and IN 213063) related to novel processes for preparing Linezolid. Defendant No. 3 moved an application seeking amendment of its written statement, arguing that it was merely purchasing the product from the market and not manufacturing it using the patented process. The Court partly allowed the amendment.
Novartis Ag And Ors. v.Ranbaxy Laboratories Ltd.
Novartis Ag filed a suit seeking permanent injunction against Ranbaxy Laboratories Ltd., alleging infringement of Indian Patent No. 212815, which covers the compound Vildagliptin for treating Type 2 Diabetes Mellitus. The Plaintiffs claimed that despite no immediate launch by the Defendant, its listing of Vildagliptin as an API on its website posed a significant threat to their market share. Considering the potential infringement and the balance of convenience, the Delhi High Court granted an ad-interim injunction restraining Ranbaxy from manufacturing or selling products containing Vildagliptin.
Vringo Infrastructure Inc. v.Indiamart Intermesh Ltd.
The plaintiffs filed a suit for injunction alleging infringement of their patent (IN 200572) related to mobile communication handover decisions by the defendants, who manufacture and sell telecommunications equipment like Base Station Controllers. The court disposed of the application regarding the ad interim stay.
Holland Company Lp & Anr v.S.P. Industries
The plaintiffs filed a suit seeking permanent injunction against the defendant, alleging infringement of their copyright over the industrial drawings and designs of 'Automatic Twist Locks' used by Indian Railways. The defendant contested the claim, arguing that engineering drawings are not artistic works under the Copyright Act and that applying for design registration invalidates any existing copyright.
Sergi Transformer Explosion Prevention Technologies Pvt Ltd v.Kumar Pratap Anil & Ors.
The plaintiff filed a suit seeking permanent injunction and damages for infringing Indian Patent No. 189089 related to transformer explosion prevention technologies. The defendants challenged the maintainability of the suit, arguing that the plaintiff's alleged exclusive license was invalid, back-dated, and unregistered.
Telefonaktiebolaget Lm Ericsson v.Mercury Electronics & Anr.
Ericsson filed an application seeking permission to file affidavits and a claim chart mapping in a sealed envelope, arguing that this was necessary to demonstrate how its patented AMR, 3G, and EDGE technologies were infringed by Mercury Electronics and Micromax. The court permitted Ericsson to file the documents while keeping them under safe custody for joint inspection.
Lg Electronics India Pvt. Ltd. v.Bharat Bhogilal Patel & Others
LG Electronics filed a suit challenging actions taken by Customs officials (Defendants No. 2 and 3) who were restricting the clearance of its goods based on a patent infringement complaint filed by Defendant No. 1. The plaintiff argued that the impugned patent lacked novelty and inventive step, and that Customs action was contrary to government circulars regarding border measures for patents.
The Indian Performing Right Society Ltd. v.Mr. Aditya Pandey And Anr.
IPRS filed suits alleging copyright infringement by defendants, including Synergy Media and CRI Events. The dispute centered on the scope of rights held by IPRS regarding public performing rights for literary and musical works versus the rights held by phonographic societies concerning sound recordings. The court issued interim directions clarifying that both IPRS and PPRS licenses are necessary if a performance involves both types of copyrighted material.
The Indian Performing Right Society Ltd. v.Cri Events Private Limited & Ors / Synergy Media
IPRS, a non-profit cooperative body representing authors and composers, filed suits alleging copyright infringement against various defendants (including Cri Events/Synergy Media) regarding the public performance of literary and musical works. The court addressed whether licenses from IPRS and PPRS were required for performances in public events.
Veeplast Houseware Private Ltd v.M/S Bonjour International & Anr
The plaintiff, Veeplast Houseware Private Ltd, claimed that the defendant was infringing its registered design (Design No. 194990) used on water jugs sold under 'Nayasa'. The plaintiff sought an injunction and damages against the defendant, M/S Bonjour International & Anr, who contested the novelty of the design. The court found prima facie evidence of infringement and restrained the defendant from using the impugned design.
Schreder S.A. v.Trilok Chand & Sons Pvt. Ltd.
Schreder S.A., the registered proprietor of Design No. 182346 for a lighting apparatus ('Alura'), filed suit against Trilok Chand & Sons Pvt. Ltd. The court examined a catalogue found in the defendant's premises, which displayed a product named VENICE HYT-01. Based on a comparison with the registered design, the court found that the design of VENICE HYT-01 was identical to and an imitation of the plaintiff's protected design.
Vivek Kochher And Another v.M/S Kyk Corporation Limited And Others
The dispute involved a claim by Vivek Kochher and others that they were the rightful proprietors of the trade mark 'KYK' for automobile parts, which was being deceptively used by M/S Kyk Corporation Limited. The defendants claimed prior user rights dating back to 1952. The court issued an interim order to prevent confusion.
Super Cassettes Industries Ltd. v.Hamar Television Network Pvt. Ltd.
The plaintiff, Super Cassettes Industries Ltd., sought an injunction against the defendants for infringing its copyright in a large repertoire of musical works and sound recordings. The defendants raised defenses including lack of substantiality and fair use/fair dealing under Section 52 of the Copyright Act, 1957.
M/S Eureka Forbes Limited v.Kent Ro Systems
The plaintiff, M/S Eureka Forbes Limited, challenged an advertisement by Kent Ro Systems, alleging that it disparaged the plaintiff's water purifier products which utilize UV and RO technology. The defendant argued there was no disparagement and that UV technology is not exclusive to the plaintiff. The court found that while the suit would proceed on merits, the defendant must amend its advertisement to clearly state all attributes of its UV and RO based machines.
Pine Labs Pvt. Ltd. v.Gemalto Terminals India Pvt. Ltd.
Pine Labs sued Gemalto Terminals India Pvt. Ltd. for copyright infringement related to its software (Version 1.03) used in the IOCL Fleet Card Program. The dispute centered on whether the plaintiff had validly assigned all intellectual property rights to the defendant under the MSA, especially concerning subsequent modifications after the original work order expired.
Warner Bros. Entertainment Inc. v.Mr. Santosh V.G.
Warner Bros. Entertainment Inc. filed a suit against Mr. Santosh V.G., proprietor of Cinema Paradiso, alleging infringement of their film copyrights. The plaintiffs claimed that the defendant was illegally renting Zone 1 DVDs (intended for US/Canada) in India without proper licensing. The court confirmed the existing ad-interim injunction, recognizing the prima facie case of copyright violation under the Copyright Act, 1957, while reserving final judgment pending evidence regarding ownership claims.
Zee Telefilms Ltd. v.Asia Today Ltd.
The Delhi High Court issued a significant interim order in Zee Telefilms Ltd. vs Asia Today Ltd., addressing the rampant misuse of the 'Zee' trademark. The court restrained the Registrar of Trademarks from processing or advertising any pending applications for 'Zee', effectively halting further registrations. Furthermore, existing registrations held by certain respondents were stayed until the matter could be fully heard, protecting the petitioner's established rights and preventing dilution.
Mr. Anil Gupta And Anr. v.Mr. Kunal Dasgupta And Ors.
The plaintiffs claimed that they had conceived and registered the unique concept 'Swayamvar,' a real-life reality TV program focused on spouse selection through matchmaking. The plaintiffs alleged that the defendants, having been privy to this confidential concept, were planning to launch a similar show titled 'Shubh Vivah.'
Hello Mineral Water Pvt. Ltd. v.Thermoking California Pure
The petitioner claimed that the respondent was infringing their registered design for water coolers. The defendant argued that the design lacked novelty as it was prevalent globally and that damages would be a sufficient remedy, thus opposing the injunction. The court allowed the use of the cylindrical shape but imposed strict conditions on the defendant to prevent consumer confusion.
Escorts Const. Equipment Ltd. v.Action Const. Equipment P. Ltd.
The plaintiffs filed a suit seeking permanent injunction for infringement of copyright and passing off related to their Pick-N-Carry Hydraulic Self Mobile Cranes. They also sought an ad interim injunction to stop the defendants from dealing in deceptively similar cranes, alleging that the defendants copied their industrial drawings and trade secrets.
Win-Medicare Limited v.Somacare Laboratories
The plaintiff, Win-Medicare Limited, filed an application for temporary injunction alleging that the defendant was manufacturing and marketing a similar pharmaceutical product under the deceptively similar trade mark DICMOL. The court examined the priority of adoption and use, finding prima facie evidence in favor of the plaintiff.
Ravi Raj Gupta v.Acme Glass Mosaic Industries
The plaintiff filed a suit alleging infringement by the defendant of two patents related to glass tiles (No. 154388 and No. 157991). The court examined the validity of these patents, particularly Patent No. 157991, against prior art (Patent No. 111139). Since the court was not satisfied that the patent sought to be enforced constituted a valid invention, it rejected the application for an ad-interim injunction.
Dharam Pal Satya Pal v.Janta Sales Corporation
The plaintiff, using the trade mark 'RAJNI' for Chewing Tobacco since 1980, sued Janta Sales Corporation for adopting the identical mark 'RAJANI' for Paan Masala. The plaintiff also claimed copyright infringement regarding their distinctive packaging design. The court found prima facie grounds for passing off due to phonetic and visual similarity and likelihood of confusion.
Surendra Lal Mahendra v.Jain Glazers And Ors.
The plaintiff sought an ad interim injunction against the defendants for allegedly infringing his 'Laminating Apparatus' patent (No. 143964). The defendants contested the claim, arguing that the patent lacked novelty and inventive step as it was already known globally, citing Morane Maxibond machines. The court ultimately vacated the ex parte injunction but directed the defendants to maintain status quo.
The Tata Oil Mills Co. Ltd. v.Hansa Chemical Pharmacy
The plaintiff sued the defendant for infringing its registered copyright on the 'OK Washing Soap Wrapper' and for passing off. The plaintiff alleged that the defendant used a colorable imitation to deceive consumers. The court, while noting conflicting dates of use, disposed of the interim application by directing the defendants to file their sales accounts.
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