Outcome Category

Plaintiff Favorable

at Delhi High Court

762 plaintiff favorable decisions from Delhi High Court.

Plaintiff Favorable Decisions

762 cases | Page 6 of 26

patent plaintiff favorable · May 16, 2024

Communication Components Antenna Inc. v.Mobi Antenna Technologies (Shenzhen) Co Ltd

Delhi High Court · CS(COMM) 977/2016

Communication Components Antenna Inc. filed a suit seeking permanent injunction and damages against Mobi Antenna Technologies (Shenzhen) Co Ltd for infringing Indian Patent No. 240893, which covers 'Asymmetrical Beams for Spectrum Efficiency'. The Plaintiff alleged that the Defendant's Bi-Sector Array Antennas infringed both method and product claims of the patent. Despite the Defendant raising challenges regarding the patent's validity under Sections 64(e), 64(f), and 3(d) of the Patents Act, the Court ultimately decreed the suit in favor of the Plaintiff.

trademark plaintiff favorable · May 6, 2024

Informa Markets India Private Limited v.M/S 4Pinfotech And Anr

Delhi High Court · C.O.(COMM.IPD-CR) 695/2022

Informa Markets India Private Limited filed a petition seeking rectification and removal of an existing copyright registration (L-79443/2018) for the work titled 'Virtual Expo'. The petitioner challenged the validity of the registration, arguing that the document merely described generic benefits of conducting virtual expositions. The Delhi High Court examined whether this description constituted protectable literary material or was simply a documentation of an idea. Ultimately, the court ruled in favor of the petitioner, holding that since the content was abstract and extremely generic, it did not meet the threshold for copyrightability.

patent plaintiff favorable · May 3, 2024

Amit Sood v.Union Of India And Ors.

Delhi High Court · W.P.(C)-IPD 54/2021

The Delhi High Court ruled in favor of Amit Sood, granting cancellation of the mark 'ROSHAN' (No. 1324435) registered by the respondents under Class 42. The court found that the petitioner was the prior adopter and user of the name since the 1960s, establishing extensive goodwill in the photography sector. This judgment underscores the principle that prior use and established reputation outweigh subsequent trademark registration when seeking cancellation.

patent plaintiff favorable · Apr 24, 2024

Natco Pharma Limited v.Novartis Ag And Anr.

Delhi High Court · FAO(OS) (COMM) 178/2021 and CM Nos.46299/2021, 46300/2021, 46301/2021, 46302/2021, 19118/2022, 19119/2022 and 30850/2022

Novartis filed a suit alleging infringement of its patent (IN 233161) concerning Eltrombopag bis (monoethanolamine) (ELT-O), leading to an interim injunction against Natco. Natco appealed this order, challenging the validity of IN 233161 on grounds including prior claiming and lack of inventive step under Section 3(d).

patent plaintiff favorable · Apr 16, 2024

Microsoft Technology Licensing, Llc v.Assistant Controller Of Patents And Designs

Delhi High Court · C.A.(COMM.IPD-PAT) 185/2022

Microsoft Technology Licensing, LLC appealed a refusal by the Assistant Controller of Patents to grant a patent titled 'Reversible 2-Dimensional Pre-/Post-Filtering for Lapped Biorthogonal Transform'. The refusal was based on Section 3(k) of the Patents Act, 1970. The High Court ultimately held that the invention provided tangible benefits beyond ordinary computing functionality and was therefore patentable.

patent plaintiff favorable · Apr 15, 2024

Jabir Hussain Trading As M/S Hakeem Hotel v.Ali Asgar Trading As M/S. Hakeem Restaurant

Delhi High Court · RFA(COMM) 88/2024

The Delhi High Court allowed an appeal filed by Jabir Hussain (M/S Hakeem Hotel) against a Commercial Court's decision to return its trademark infringement plaint. The appellant sought permanent injunction against the respondent for infringing and passing off their registered trademarks in North West Delhi. The High Court ruled that since the plaintiff pleaded both existing operations via e-commerce platforms within Delhi's jurisdiction, and an imminent threat of physical expansion into Delhi, a valid cause of action existed within the territorial limits. Consequently, the Commercial Court's order returning the plaint was set aside, and the suit was restored.

patent plaintiff favorable · Apr 10, 2024

Mallcom (India) Limited v.Shanti Udyog Weldsafe Private Limited & Ors.

Delhi High Court · CS(COMM) 85/2024

The Delhi High Court granted an interim injunction in favor of Mallcom (India) Limited, protecting its registered trademark 'TIGER' used for safety shoes. The court found that the defendant's mark was deceptively similar and violated both statutory and common law rights. While restraining further use, the defendants were allowed a grace period to deplete their existing stock and were ordered to take down the infringing website.

trademark plaintiff favorable · Apr 9, 2024

Rachna Sagar Pvt Ltd v.Sovereign Mercantile Pvt Ltd & Ors.

Delhi High Court · CS(COMM) 304/2023

The Delhi High Court confirmed an existing interim injunction in favor of Rachna Sagar Pvt Ltd against Sovereign Mercantile Pvt Ltd and others. The court found that the Defendants' use of a deceptively similar mark, 'RACHNA SAGAR,' amounted to prima facie passing off. Given the Plaintiff's extensive market presence, prior usage since 1996, and substantial revenue in the publishing sector, the court ruled that allowing the defendants to continue using the mark would inevitably cause consumer confusion and loss to the Plaintiff.

trademark plaintiff favorable · Apr 8, 2024

Kaira District Cooperative Milk Producers Union Ltd & Anr. v.D N Bahri Trading As The Veldon Chemical And Food Product And Anr.

Delhi High Court · C.O. (COMM.IPD-TM) 165/2023

The Delhi High Court allowed a rectification petition filed by Kaira District Cooperative Milk Producers Union Ltd against D N Bahri Trading As The Veldon Chemical, ordering the removal of the respondent's registered mark under Class 32. The petitioner successfully argued that the impugned trademark was either not used continuously for the required period or constituted an infringement/passing off risk given the established reputation and extensive use of the 'AMUL' brand. This judgment reinforces the protection afforded to well-known marks against unauthorized registrations.

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 2, 2024

M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.

Delhi High Court · C.O. (COMM.IPD-TM) 667/2022 and connected matters

In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.

patent plaintiff favorable · Apr 1, 2024

Apl Apollo Tubes Limited v.M/S Steel Track & Ors.

Delhi High Court · CS(COMM) 488/2023, I.A. 13246/2023

The Delhi High Court granted an ad-interim injunction in favor of Apl Apollo Tubes Limited against M/S Steel Track & Ors. regarding trademark infringement and passing off. The court found that the Defendants' use of 'APOLLO/APOLLO TMT' was deceptively similar to the Plaintiff's established marks, risking irreparable harm to their brand equity. While acknowledging the Plaintiff's delay in filing the suit, the Court issued a comprehensive restraint order covering all marketing and sales activities, though it exempted goods already manufactured by the Defendants.

patent plaintiff favorable ★ Landmark · Mar 28, 2024

Telefonktiebolaget Lm Ericsson (Pub) v.Lava International Limited

Delhi High Court · CS(COMM) 65/2016

This Delhi High Court judgment addresses a complex dispute over Standard Essential Patents (SEPs) between Telefonktiebolaget LM Ericsson and Lava International Limited. The court examined the validity, novelty, and inventive step of several patents asserted by Ericsson against Lava. While the suit patent IN 203034 was subject to revocation proceedings, the judgment ultimately affirmed the validity of seven other key patents held by Ericsson. Consequently, the Court passed a decree in favor of Ericsson for substantial damages related to past infringement.

trademark plaintiff favorable · Mar 21, 2024

Sun Pharma Laboratories Limited v.Narender Kumar & Ors.

Delhi High Court · CS(COMM) 424/2021, I.A. 11524/2021 & I.A. 16787/2021

The Delhi High Court upheld the existing interim injunction in favor of Sun Pharma Laboratories Limited against Narender Kumar & Ors. The dispute centered on alleged passing off, where the defendant used the mark 'CAFTADAY' for an eye drop containing the compound ALCAFTADINE, deceptively similar to the plaintiff's mark 'CAFTA'. Despite arguments from the defense regarding generic drug naming conventions and INNs, the Court found that the plaintiff had satisfied the triple test for passing off. Consequently, the injunction was maintained, preventing the defendants from using the impugned mark during the pendency of the suit.

patent plaintiff favorable · Mar 21, 2024

Ht Media Limited & Anr. v.Hindustan News Network & Ors.

Delhi High Court · CS(COMM) 681/2023

The Delhi High Court granted an ex-parte ad-interim injunction in favor of Ht Media Limited against Hindustan News Network. The court found that the defendant was attempting to pass off its news channel and name as being connected with the long-established 'HINDUSTAN' mark owned by the plaintiff. Consequently, the defendants were restrained from using the infringing mark and logo, and orders were issued compelling domain registrars (GoDaddy) and tech platforms (Google/Meta) to suspend the infringing website and take down related content.

patent plaintiff favorable · Mar 21, 2024

Visakha Chemicals v.Bindal Food Products

Delhi High Court · CS(COMM) 1614/2016

The Delhi High Court ruled in favor of Visakha Chemicals against Bindal Food Products for trademark infringement and passing off related to Ayurvedic products. The Plaintiff successfully demonstrated prior usage and established significant goodwill for their trademarks 'ROCHAK' and 'AM PACHAN,' as well as the associated trade dress/packaging, which were deceptively copied by the Defendant. Consequently, the court granted a permanent injunction restraining the Defendant from using these marks and awarded nominal damages.

patent plaintiff favorable · Mar 13, 2024

Bayer Pharm Aktiengesellschaft v.The Controller General Of Patents And Designs

Delhi High Court · C.A.(COMM.IPD-PAT) 255/2022

Bayer appealed the refusal of its patent application (No. 5818/DELNP/2006), which was rejected on grounds that the composition did not meet criteria under Sections 3(e) and 3(i) of the Patents Act, 1970. The High Court found that the Controller failed to adhere to principles of natural justice by not clearly communicating all objections in the hearing notice, and ruled that the claimed composition was patentable.

trademark plaintiff favorable · Mar 11, 2024

Gm Modular Pvt Ltd. v.Mayur Electromeck Pvt Ltd.

Delhi High Court · C.O. (COMM.IPD-TM) 276/2022

The Delhi High Court allowed the rectification petition filed by Gm Modular Pvt Ltd., successfully challenging the registration of a similar mark held by Mayur Electromeck Pvt Ltd. The court found that the Impugned Mark was not genuinely used in commerce, despite the respondent's claims. Based on the lack of substantial evidence of use and potential confusion with the established 'GM' brand, the High Court ordered the cancellation of the infringing trademark registration.

patent plaintiff favorable · Mar 5, 2024

SNPC Machines Private Limited & Ors. v.Mr Vishal Choudhary

Delhi High Court · CS(COMM) 431/2023

The plaintiffs, SNPC Machines Private Limited & Ors., filed an application seeking a permanent injunction against Mr. Vishal Choudhary for allegedly manufacturing and selling similar brick making machines that infringe on their patents (Nos. 353483, 359114, etc.) and copyrights in technical literature. The court found that the plaintiffs had made out a prima facie case of infringement.

patent plaintiff favorable · Mar 1, 2024

Kudos Pharmaceuticals Limited v.Natco Pharma Limited

Delhi High Court · CS(COMM) 29/2023

Kudos Pharmaceuticals Limited, the registered proprietor of Indian Patent IN 228720 for 'Phthalazinone derivative' (Olaparib), filed a suit against Natco Pharma Limited alleging infringement due to Natco manufacturing and selling its generic version under the brand name BRACANAT. Kudos sought a permanent injunction, and subsequently an interlocutory injunction.

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