Mixed Decisions
254 cases | Page 5 of 9
Radico Khaitan Ltd. v.Registrar Trade Marks
Radico Khaitan Ltd. appealed the rejection of its trademark application 'EFKAY'S XXX RUM (DEVICE)' by the Registrar of Trademarks, citing conflicts with existing marks. The appellant argued that several related 'EFKAYS' series marks had been legally assigned to them. The Delhi High Court acknowledged the arguments and directed all related appeals concerning similar mark rejections to be listed together for a comprehensive hearing.
Saga Lifesciences Limited v.Aristo Pharmaceuticals Pvt. Ltd.
In a trademark infringement suit concerning the brand 'ULTRAMOL', the Delhi High Court recognized Saga Lifesciences Limited as the prior adopter and user of the mark for pharmaceutical preparations. Despite initial procedural applications being disposed of, the court appointed a Local Commissioner to inspect the premises of Aristo Pharmaceuticals Pvt. Ltd. The commissioner is tasked with inventorying products bearing both 'ULTRAMOL' and 'ARISTO ULTRAMOL', and critically, examining the sales accounts of the defendant to assess the scope of alleged infringement.
M/S Drs Logistics (P) Ltd & Another v.Google India Pvt Ltd & Anr
The Delhi High Court addressed applications filed by Drs Logistics against Google regarding trademark infringement via search engine advertising. The court recognized that using a registered trademark as a keyword could lead to consumer confusion, diverting traffic from the plaintiff's site to competitors. Consequently, the court granted interim injunctions requiring Google and other defendants to investigate any complaints of misuse and remove or block advertisements found to be infringing or causing passing off.
Sanofi India Limited v.Ridley Life Science Private Limited
Sanofi India Limited filed a suit against Ridley Life Science Private Limited alleging continuous violation of an earlier injunction order, specifically regarding the sale of products under the marks 'CONCIFLAM' and 'CORIFLAM'. The Plaintiff claimed that these infringing products were being sold despite the May 2021 restraint on using marks similar to its registered trademark 'COMBIFLAM'. The court noted the defendant's history of alleged habitual infringement in pharmaceutical preparations. Consequently, the court directed the defendant to submit detailed sales figures and imposed a significant deposit amount due to the persistent violations.
Novartis Ag v.Windlas Biotech Pvt Ltd
Novartis initiated multiple suits against various defendants, including Windlas Biotech and Eris Lifesciences, alleging infringement of Indian Patent No. IN229051, which covers a combination drug (Valsartan + Sacubitril) used to treat cardiovascular disease. The Delhi High Court addressed applications seeking interim injunctions and access to distribution details. While the court maintained an interim injunction against manufacturing and selling the patented composition, it also directed Eris Lifesciences Limited to deposit Rs. 5 crores due to the marketing of stock post-infringement.
Saisons Trade And Industry Private Limited v.Maithri Aquatech Private Limited
Saisons Trade And Industry Private Limited filed a suit seeking permanent and mandatory injunction against Maithri Aquatech Private Limited and others for alleged patent infringement. The defendants challenged the court's territorial jurisdiction, arguing that neither party was located in Delhi. However, the Court found that since the defendant No.1 operated an interactive website accessible globally, and Defendants No.2 & 3 were marketing agents based in Delhi, Delhi courts possessed sufficient jurisdiction to hear the matter. Consequently, the application for leave to file the suit was allowed.
Inter Ikea Systems B V v.Italica Floor Tiles Pvt. Ltd. & Anr.
The Delhi High Court allowed applications filed by the defendants (Italica Floor Tiles) seeking to set aside an earlier ex parte decree passed against them for trademark infringement. The court acknowledged that while the plaintiffs had a strong case regarding their established brand, the procedural lapse and lack of opportunity for the defendants to present their defense warranted reconsideration. Consequently, the ex parte order was set aside, and the main suit has been revived, allowing both parties to proceed on the merits.
Bacardi And Company Limited v.Bahety Overseas Private Limited & Ors.
This Delhi High Court order addresses a suit concerning trademark infringement where the plaintiff sought permanent injunction against the defendants. The court reviewed an application filed by the defendant seeking vacation of the existing interim injunction, which was granted previously. The judge directed the defendant to place on record the memorandum of appeal and produce evidence regarding similar bottle shapes, while also addressing a counter-application by the plaintiff alleging non-compliance with the original injunction.
Ampm Fashions Private Limited v.Mr. Akash Anil Mehta, Partner Of Ampm Designs & Anr.
The Delhi High Court addressed an interim injunction application concerning the use of the 'AMPM' trademark. While the plaintiff asserted its mark was well-known and infringed upon by the defendant's stylized version, the court declined to grant the requested injunction. However, in a compromise, the defendants agreed to prominently display a specific subtitle ('Interior design by Akash Mehta and Poonam Mehta') alongside their impugned mark and submit quarterly turnover accounts to the court.
Communication Components Antenna Inc. v.Mobi Antenna Technologies (Shenzhen) Co. Ltd.
This litigation involves Communication Components Antenna Inc. challenging Mobi Antenna Technologies (Shenzhen) Co. Ltd.'s alleged infringement of Indian Patent No. IN240893, which relates to 'Asymmetrical Beams for Spectrum Efficiency' in wireless communication systems. The core dispute revolves around the validity of this patent, as raised by the defendant through a counterclaim. While the court analyzed grounds of revocation under Sections 64(d), (e), and (f) of the Patents Act, 1970, it ultimately decided to list the suit for further consideration, indicating that the matter remains unresolved.
Fmc Corporation v.Natco Pharma Limited
FMC Corporation filed suits alleging infringement by Natco Pharma Limited regarding the product Chlorantraniliprole (CTPR), protected under Indian Patents IN 307 and IN 332. The core dispute revolved around whether these specific patents remained valid, especially since CTPR was covered by an expired genus patent (IN 978). While FMC argued for a permanent injunction against the launch of CTPR, Natco contended that the validity of the suit patents was questionable due to the prior coverage by IN 978. The court disposed of the interim applications but scheduled further hearings to conclude the complex arguments on the merits.
Dharmendra Kumar Aggarwal v.Govt. Of Nct Of Delhi Through The Secretary & Anr.
This petition addressed the critical issue of supply and availability of the drug Tocilizumab 400 MG (Actemra) for COVID-19 patients in Delhi. The court examined submissions from Roche India, which indicated that global demand far exceeded current manufacturing capabilities. While Roche mentioned partnerships with other entities to meet demand, they provided no clear assurance regarding further supply to India. Consequently, the court issued detailed directions to both Roche and the Union of India to provide comprehensive affidavits on supply chain status, patent details, and potential alternatives.
Sagar Ratna Restaurants Pvt Ltd v.D S Foods & Ors.
Sagar Ratna Restaurants Pvt Ltd challenged an order that referred its trademark dispute against D S Foods & Ors. to arbitration. The petitioner asserted ownership of the trademarks "SAGAR," "RATNA," and "SAGAR RATNA" and alleged infringement by the respondents, who were franchisees. Despite arguments for arbitrability based on the franchise agreement, the Delhi High Court ultimately intervened, finding that the core dispute concerning trademark rights was not amenable to arbitration due to inherent jurisdictional limitations.
Hero Electric Vehicles Private Limited v.Lectro E-Mobility Private Limited
This case involved a dispute between Hero Electric Vehicles Private Limited and Lectro E-Mobility Private Limited concerning the alleged infringement of the 'Hero' trademark on electric bikes. The plaintiffs sought a permanent injunction against the defendants for passing off and unauthorized use of similar marks. However, the core legal battle revolved around whether the contractual disputes arising from the Family Settlement Agreement (FSA) and Trade Mark and Name Agreement (TMNA) were subject to arbitration.
Cadila Healthcare Limited v.Uniza Healthcare Llp. & Anr.
Cadila Healthcare Limited sought an ad-interim injunction against Uniza Healthcare LLP, alleging that the defendant's trademark 'ZACLEAR' was deceptively similar to Cadila's mark 'ZYCLEAR'. The Delhi High Court declined to grant the immediate injunction, primarily noting discrepancies in the plaintiff's claim regarding the date of adoption and registration of 'ZYCLEAR'. Instead, the court directed both parties to complete their pleadings, file written statements, and proceed with the suit for a final determination.
Roland Corporation v.Sandeep Jain
Roland Corporation sued Sandeep Jain and others for passing off their trademark BOSS in relation to electronic musical instruments. Despite initially finding the plaintiff guilty of laches and acquiescence, the court ultimately balanced commercial interests against consumer protection. The judgment resulted in a decree restraining the defendant from using the mark 'BOSS' unless it was prefixed with 'Hi-Tone,' thereby limiting the scope of use while protecting consumers from confusion.
Radico Khaitan Limited v.Union Of India & Anr
This Delhi High Court judgment addresses a dispute over the exclusive use of the geographical name 'GOA' in relation to gin. Following a partial rectification by the Intellectual Property Appellate Board (IPAB), which limited exclusivity only to the label mark, Radico Khaitan Limited challenged this decision. The court issued an interim order staying the IPAB's judgment, clarifying that the partial rectification does not grant public domain status to the word 'GOA,' thereby protecting the petitioner's statutory rights against third-party misuse.
Cde Asia Limited v.Jaideep Shekhar & Anr.
Cde Asia Limited filed a suit seeking permanent injunction against Jaideep Shekhar and others for infringing its patent (No. 307249) and registered design (No. 262629) related to material classification systems used in mining and sand aggregate production. The defendant challenged the plaint, arguing that the suit was premature as it was filed before the one-year period required for post-grant opposition under Section 25(2) of the Patents Act had lapsed. Additionally, the defense contested the court's territorial jurisdiction. The High Court dismissed the application challenging the plaint, allowing the infringement suit to proceed.
M/S Laxmi Agro Impex India v.M/S Ladli India Commodities
The Delhi High Court admitted an appeal challenging a lower court's decision regarding trademark infringement. The core issue was that the Single Judge incorrectly compared the plaintiff's mark ('A') with a new defendant mark ('C'), instead of comparing it with the original relevant mark ('B'). Recognizing this procedural error, the Chief Justice granted a stay on the challenged order, preserving the status quo until the appeal is finally disposed of.
Pharmacyclics Llc v.Union Of India And Ors.
This petition challenged the Controller's decision allowing an opponent to file additional evidence during a pending post-grant opposition. The petitioner argued that such late filings violated procedural timelines and prejudiced their case. While acknowledging the need for timely disposal of oppositions, the Court ultimately held that since the petitioner had already responded to the new evidence, it was appropriate for the Controller to consider all pleadings and documents when rendering the final decision.
Arun Chopra v.Kaka-Ka Dhaba Pvt Ltd & Ors
The Delhi High Court modified an existing interim injunction in the trademark infringement suit filed by Arun Chopra against Kaka-Ka Dhaba Pvt Ltd. While acknowledging the Plaintiff's prior use and reputation in Delhi, the court balanced this against the Defendants' established presence in Nashik. The final order permits the Defendants to continue operating their existing outlets under certain names but strictly prohibits them from opening new branches or using the name 'Kaka-Ka Hotel', ensuring a status quo while the main suit proceeds.
Asianet Star Communications Pvt Ltd. v.The Registrar Of Trademarks & Anr.
This Delhi High Court judgment addresses a dispute over the alleged abandonment of a registered trademark due to non-renewal. The petitioner argued that the mandatory O-3 notice for renewal was improperly backdated and uploaded using an outdated form (RG-3), making it invalid. The court recognized serious inconsistencies in the Trademark Registry's process, directing senior officials and the concerned Examiner to appear in court with explanations and documentation regarding the improper uploading of notices. Crucially, the court granted interim relief, ensuring the trademark would not be treated as abandoned pending a full inquiry.
Less Than Equals Three Services Pvt. Ltd. v.Paras Mehra & Ors
The dispute involves Less Than Equals Three Services Pvt. Ltd., which alleges that its founders and employees established a competing business using the source code and MySQL database of the petitioner's website, quickcompany.in. The core legal challenge raised by the defendants was whether the company could maintain a copyright infringement suit without clearly pleading the identity of the author and an agreement vesting the rights in the company. The court analyzed this issue against previous judgments, ultimately finding that the plaintiff's disclosures were sufficient to overcome the preliminary objection.
Natco Pharma Ltd v.Bristol Myers Squibb Holdings Ireland Unlimited Company
Natco Pharma Ltd challenged an interim injunction restraining it from infringing Indian Patent IN No.247381, which was held by Bristol Myers Squibb Holdings Ireland and its subsidiaries. The appeal focused on whether the Single Judge had properly considered the merits of the case before issuing a restrictive order. The Delhi High Court ultimately set aside the impugned interim injunction, directing that the application for interim relief be heard again on merits.
Communication Components Antenna Inc. v.Ace Technologies Corp. And Ors.
Communication Components Antenna Inc. filed a suit seeking permanent injunction against Ace Technologies Corp. and its subsidiaries for infringing Indian Patent No. 240893, titled "Asymmetrical Beams for Spectrum Efficiency." The Plaintiff alleged that two specific models of antennae manufactured by the Defendants infringed upon their patented technology used in telecommunications. Although the validity of the patent was challenged by the Defendants, the court directed them to deposit Bank Guarantees covering the value of infringing sales made both before and during the pendency of the suit. Failure to comply with these financial directions would result in a permanent restraint on manufacturing or selling the infringing antennae.
Natco Pharma Limited v.Bayer Healthcare Llc
This appeal challenged an interim injunction restraining Natco Pharma Limited from infringing Bayer Healthcare Llc's Indian Patent No. 240207, which covers the drug Regorafenib. The Delhi High Court found that the impugned order lacked sufficient clarity and did not adequately consider the parties' submissions regarding infringement. Consequently, the court set aside the interim injunction and directed that the application for interim relief be heard afresh on its merits by the Single Judge.
Mylan Laboratories Limited v.Union Of India & Ors
Mylan Laboratories Limited challenged an order that granted a patent for 'Methods of Evaluating Peptide Mixtures' after dismissing their pre-grant opposition. The petitioner sought urgent relief as the Intellectual Property Appellate Board (IPAB) was non-functional due to long-standing vacancies in its Technical Member positions, leading to a logjam of appeals. The Delhi High Court addressed this systemic issue by invoking the doctrine of necessity, ruling that IPAB can continue hearing urgent matters related to Patents, Trademarks, and Copyrights even with vacant technical posts.
Anurag Sanghi v.M/S Knitpro International
This Delhi High Court judgment addresses a request by Anurag Sanghi to consolidate several related intellectual property suits. The petitioner sought to have three separate suits—one for design infringement (CS 867/2018), one for passing off (TM No.178/2017), and one for copyright infringement (TM No.179/2017)—tried together in a single court. The Court held that since the causes of action are based on the same facts—the sale or offer for sale of rival knitting needles—they must be tried jointly to prevent multiplicity of proceedings, citing precedents like Carlsberg Breweries A/S.
M/S Allied Blenders And Distillers Pvt Ltd v.Amit Dahanukar & Anr
The Delhi High Court addressed the defendant's attempt to dismiss the trademark infringement suit by arguing that the cause of action was barred under Order 2 Rule 2 CPC. The court found that since the alleged unauthorized use and infringement constituted a continuing cause of action, the earlier litigation did not bar the present suit. Consequently, the application for dismissal was dismissed, allowing the main IP dispute to proceed.
Bayer Corporation v.Union Of India & Ors.
This judgment addresses the interpretation of Section 107A of the Patents Act, 1970, commonly known as the Bolar provision. The court examined whether patented products could be exported for clinical trials and regulatory submissions outside India without constituting patent infringement. The bench affirmed that sale or use under Section 107A is legal both domestically and abroad, provided the end purpose is reasonably related to research and development for regulatory compliance. Furthermore, the judgment clarified that disputes regarding the legitimate scope of this exemption should be adjudicated in civil suits rather than public law proceedings like writ petitions.
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