Plaintiff Favorable
29 plaintiff favorable decisions from Supreme Court of India.
Plaintiff Favorable Decisions
29 cases | Page 1 of 1
Novenco Building And Industry A/S v.Xero Energy Engineering Solutions Private Ltd.
The appellant (Novenco) filed a commercial suit alleging infringement of its patents and designs by the respondent (Xero Energy). The High Court rejected the plaint due to non-compliance with mandatory pre-institution mediation under Section 12A, citing a delay between discovery and filing. The Supreme Court overturned this decision, holding that continuous infringement and public interest in preventing market confusion establish urgency, regardless of the time lag.
Atomberg Technologies Private Limited v.Eureka Forbes Limited
Atomberg Technologies filed a suit in Bombay against Eureka Forbes regarding groundless threats of patent infringement. Eureka Forbes subsequently filed an infringement suit in Delhi, alleging that Atomberg's 'Atomberg Intellon' water purifier infringed their patented technologies. The Supreme Court addressed the competing transfer petitions to consolidate the proceedings.
Asian Paints Limited v.Ram Babu
Asian Paints Limited challenged the High Court's decision that barred its ability to appeal a criminal acquittal concerning counterfeit products. The case originated from an incident where the company found unauthorized, similar-looking paint in the market. The Supreme Court addressed the core legal question of whether the company, as the rights holder and victim of IP infringement (trademark and copyright), could utilize the provisions of Section 372 CrPC to challenge the acquittal. The apex court held that the proviso creates a substantive right for victims, allowing the appeal to be restored.
Cryogas Equipment Private Limited v.Inox India Limited
This Supreme Court judgment addresses a complex dispute concerning alleged copyright infringement related to proprietary engineering drawings used in manufacturing LNG semi-trailers. The core issue was whether these technical drawings fell under the definition of 'design' under the Designs Act, thereby invalidating the claim for copyright protection. The Supreme Court held that determining this mixed question of law and fact could not be done at a preliminary stage (Order VII Rule 11 CPC). Consequently, the appeals were dismissed, and the Commercial Court was directed to conduct a full trial to comprehensively assess all IP claims.
Narendra Hirawat And Co. v.Sholay Media Entertainment Pvt. Ltd. & Anr.
The dispute arose from agreements between Narendra Hirawat And Co. (NHC) and Sholay Media Entertainment Pvt. Ltd. (SME) regarding film rights for 'Sholay' and 'Sholay 3D'. After a Deed of Settlement was executed, the core issue became non-compliance with payment terms by one party. NHC filed a commercial suit seeking declaration of exclusive license and injunction against termination notices issued by SME.
S.D. Containers Indore v.M/S. Mold Tek Packaging Ltd.
This Supreme Court appeal challenged a High Court order that had directed the transfer of a design infringement and cancellation suit from Indore to Calcutta. The suit involved registered designs for containers and lids, where the defendant sought cancellation based on lack of originality. The core legal question was whether the Commercial Court in Indore or the High Court held jurisdiction over such matters. The Supreme Court ultimately set aside the High Court's order, holding that since the entire cause of action arose within Madhya Pradesh, the suit must be heard by the Madhya Pradesh High Court, Indore Bench, affirming the competence of the local court.
M/s Genentech Inc. v.Drugs Controller General Of India
Genentech Inc. appealed an interim order passed by the Delhi High Court which had altered the protective conditions previously set by the Single Judge concerning the launch of the biosimilar drug 'TrastuRel' (manufactured by Reliance Life Sciences Pvt. Ltd.). The dispute centered on Genentech's patent rights over the monoclonal antibody drug 'Trastuzumab'.
M/S. Nandhini Deluxe v.M/S. Karnataka Cooperative Milk Producers Federation Ltd.
The Supreme Court set aside previous orders from the IPAB and High Court that had cancelled the 'NANDHINI' trademark registration held by M/S. Nandhini Deluxe. The dispute centered on whether the restaurant chain could use a deceptively similar mark to the established milk producer, Karnataka Cooperative Milk Federation Ltd. The SC found that the appellant was a concurrent user who adopted the mark early enough and did not attempt to take unfair advantage of the respondent's goodwill, thereby restoring the registration.
Canara Bank v.N.G. Subbaraya Setty
This Supreme Court judgment addressed a dispute involving Canara Bank and N.G. Subbaraya Setty concerning the use of the trademark 'Eenadu'. The core legal questions revolved around whether the bank's actions, such as selling agarbathies using the trademark, violated the Banking Regulation Act. Furthermore, the court examined the applicability of res judicata when a prior judgment was based on an assignment deed that was prohibited by law under the Trade Marks Act.
M/S Shinhan Apex Corporation v.M/S Euro Apex B.V.
The dispute arose from an arbitration award requiring M/S Shinhan Apex Corporation (appellant) to unconditionally and irrevocably transfer all rights and interests of Indian Patents No. 2143/MUM/2008 and 2144/MUM/2008 to M/S Euro Apex B.V. (respondent). The respondent challenged the execution, but the Supreme Court found that the appellant had duly executed and forwarded the transfer deed as per the modified request from the respondent themselves.
Dr. Aloys Wobben v.Yogesh Mehra
Dr. Aloys Wobben filed multiple patent infringement suits against Yogesh Mehra and others, despite them having already filed numerous revocation petitions before the IPAB challenging his patents. The Supreme Court addressed whether these two proceedings could run concurrently.
Lakha Ram Sharma v.Balar Marketing Private Limited & Ors.
The Supreme Court of India overturned the Intellectual Property Appellate Board's (IPAB) decision that dismissed a trade mark rectification petition due to delay. The appellant, who had been using the 'Kundan' mark since 1980, argued that his efforts to challenge the registration were timely, despite initial jurisdictional issues in the Delhi High Court. The Supreme Court ruled that procedural delays caused by lack of jurisdiction should not prejudice a bona fide applicant seeking to protect their established rights, remanding the case for fresh consideration on merits.
Super Cassetts Industries Ltd. v.Music Broadcast Pvt. Ltd.
Super Cassetts Industries Ltd. appealed against the Delhi High Court's order which held that the Copyright Board could grant an interim compulsory licence under Section 31 of the Copyright Act, 1957. The Supreme Court examined whether such an interim power could be implied by law or if it required express statutory authorization.
Polydrug Laboratroies P.Ltd v.Controller Of Patents & Ors.
Polydrug Laboratroies P. Ltd appealed against a judgment where its evidence was not taken on record. The appellant argued that the Controller had the power to extend time for filing evidence under Rule 138 of the Patent Rules, 2003. The Supreme Court agreed with this view and set aside the impugned judgment.
M/S Godrej Sara Lee Limited v.Reckitt Benckiser Australia Pty.Ld.
The appeal challenged the Delhi High Court's decision regarding its jurisdiction to entertain appeals against orders passed by the Controller of Patents and Designs, Kolkata, which cancelled several registered designs for 'Insecticide Coil'. The Supreme Court held that since the cause of action arose in Kolkata (where the cancellation occurred), the Calcutta High Court, not the Delhi High Court, had the proper jurisdiction.
Glaxo Smith Kline Plc v.Controller Of Patents & Designs
The dispute concerned the application for Exclusive Marketing Right (EMR) under the Patents Act. After the relevant chapter was repealed by amendment in 2005, the appellants challenged the High Court's decision which had allowed appeals based on the argument that no further consideration of EMR was possible post-amendment. The Supreme Court ruled that due to Section 6 of the General Clauses Act, the vested right to challenge earlier orders remained alive.
Eastern Book Company & Ors. v.D.B. Modak & Anr.
Eastern Book Company, publisher of the 'Supreme Court Cases' (SCC), sued defendants for infringing its copyright. The appellants argued that their copy-edited version of Supreme Court judgments constituted an original literary work. The High Court initially ruled against them, but the Supreme Court partially allowed the appeals, granting additional relief to protect the unique editorial inputs and headnotes of SCC.
Satyam Infoway Ltd. v.Siffynet Solutions Pvt. Ltd.
This Supreme Court judgment addressed whether internet domain names are protected under trademark law. The court ruled that a domain name can function as a business identifier and is therefore subject to passing-off principles, provided it serves as an instrument of commercial enterprise. Finding that the respondent was attempting to capitalize on the appellant's established reputation ('Sify'), the Supreme Court allowed the appeal, setting aside the High Court's decision and affirming the injunction in favor of Satyam Infoway Ltd.
Exphar SA v.Eupharma Laboratories Ltd.
This Supreme Court judgment addressed a dispute concerning the trademark 'Maloxine' and its distinctive packaging design. The appellants, claiming ownership of the copyright and trademark, sued the respondents for passing off and copyright infringement related to the malaria medicine. A key legal challenge was whether the Delhi High Court had territorial jurisdiction over the matter. The court ultimately ruled that the receipt of a cease and desist notice within the jurisdiction was sufficient to invoke the court's authority.
Hardie Trading Ltd. v.Addisons Paint And Chemicals Ltd.
This Supreme Court judgment addressed complex issues surrounding the use and ownership of registered trademarks, 'Spartan' and 'Spartan Velox,' used for surface coatings. The court emphasized that a prior established user (Hardie) holds significant rights, particularly when subsequent attempts by another party (Addisons) to register similar marks lack clear evidence of bona fide intent or continuous use. Ultimately, the court allowed Hardie's appeals, reinforcing the strength of original trademark ownership and discouraging deceptive similarity.
Whirlpool Corporation v.Registrar Of Trade Marks, Mumbai & Ors.
Whirlpool Corporation challenged a show-cause notice issued by the Registrar of Trade Marks regarding the cancellation of its Trade Mark registration. The core dispute centered on whether the Registrar had jurisdiction to initiate such action when related legal proceedings, including rectification petitions and passing off suits, were pending before the Delhi High Court.
Whirlpool Corporation v.Registrar Of Trade Marks, Mumbai & Ors.
Whirlpool Corporation challenged a show-cause notice issued by the Registrar regarding the cancellation of its 'WHIRLPOOL' Trade Mark registration. The core dispute centered on whether the Registrar had jurisdiction to issue such a notice when related proceedings, including a passing-off suit and rectification petitions, were pending before the Delhi High Court. The Supreme Court ruled that due to the pendency of these matters in the High Court, the Registrar could not legally act as the 'Tribunal' under Section 56(4), allowing the appeal.
Vishnudas Trading As Vishnudas v.The Vazir Sultan Tobaccoco. Ltd.
The dispute concerned the validity of Trade Mark registrations held by The Vazir Sultan Tobaccoco. Ltd. for 'Charminar' under Class 34 ('manufactured tobacco'). The appellant, Vishnu Das Trading as Vishnudas, sought registration for similar goods (quiwam and zarda) using the same mark. The Supreme Court upheld the rectification order that limited the respondent's trademark to cigarettes, ruling that specific articles can be registered within a class.
Tata Press Limited v.Mahanagar Telephone-Nigam Limited & Ors.
The dispute concerned whether Tata Press Limited had the right to publish its 'Tata Press Yellow Pages' (a buyer's guide/advertisement compilation), which included details of traders and professionals, or if this publication violated the exclusive rights of Mahanagar Telephone-Nigam Limited under the Indian Telegraph Act, 1885. The Supreme Court held that a general advertisement compilation is distinct from a 'list of telephone subscribers,' allowing Tatas to continue publishing their guide.
M/S. Astra Pharmaceuticals (P) Ltd. v.Collector Of Central Excise, Chandigarh
The appeal challenged the classification of pharmacopoeial Dextrose injections as patent or proprietary medicines attracting central excise duty under Tariff Item 14E. The department argued that the use of a monogram ('AP ASTRA') established a connection between the manufacturer and the medicine. The Supreme Court ruled that since the mark only identified the manufacturer, it did not establish a proprietary relationship with the specific medicine.
American Home Products Corporation v.Mac Laboratories Private Limited And Anr.
American Home Products Corporation (Appellant) sought to protect its registered trade mark 'Dristan'. Mac Laboratories Private Limited (Respondent) challenged the registration, leading to appeals regarding the validity and rectification of the trademark.
Gramophone Company Of India Ltd. v.Birendra Bahadur Pandey & Ors.
The appellant company suspected that pre-recorded cassettes being imported into India en route to Nepal were unauthorized reproductions of its copyrighted records. The High Court Division Bench held there was no 'importation' because the goods were destined for Nepal, but the Supreme Court ruled that 'import' includes transit across the country. Consequently, the judgment of the Division Bench was set aside.
Biswanath Prasad Radhey Shyam v.Hindustan Metal Industries
Hindustan Metal Industries obtained a patent for an improved method/device for manufacturing utensils. Biswanath Prasad Radhey Shyam challenged this patent, arguing it lacked novelty and inventive step. The Supreme Court ultimately held that the patented machine was merely a 'workshop improvement' based on old knowledge, rendering the patent invalid.
Corn Products Refining Co. v.Shangrila Food Products Ltd.
The Supreme Court of India addressed a trademark opposition case concerning the marks 'Glucovita' and 'Gluvita'. The court ultimately ruled in favor of the appellant, Corn Products Refining Co., finding that despite minor differences between the goods (powder vs. liquid glucose), the similarity of the marks combined with the established trade connection made confusion highly likely. This decision reinforced the principle that reputation among the general public, not just tradespeople, is a critical factor in trademark infringement analysis.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.