Amit Bansal
342 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
342 cases indexed | Page 12 of 12
Rica S.P.A. v.M/S Skin Safe Industries Through Its Sole Proprietor & Ors.
The Delhi High Court granted an interim injunction in favor of Rica S.P.A., a cosmetics company, against M/S Skin Safe Industries. The plaintiff alleged infringement and passing off concerning its trademarks, copyrights, and trade dress related to hair removal products. Citing prima facie evidence and the balance of convenience, the court restrained the defendants from using deceptively similar marks or copying the plaintiff's packaging and artistic works until the final hearing.
Schaeffler Technologies Ag And Co Kg v.Ms Gangason Enterprises
The Delhi High Court addressed a suit filed by Schaeffler Technologies (FAG) against Ms Gangason Enterprises for alleged trademark infringement. The parties ultimately resolved their dispute through an amicable settlement, which the court formalized into a decree. Under the terms of this settlement, the Defendant acknowledged FAG's exclusive rights and agreed to cease all use of the mark 'FAG,' withdraw related trademark applications, destroy infringing products, and provide an apology for the violation.
Astra Zeneca Ab And Anr. v.Natco Pharma Limited
The dispute concerns alleged infringement of Indian Patents IN 205147 and IN 235625 by Natco Pharma Limited regarding the drug Dapnat/Dapagliflozin. The present application sought to release the defendant from a bank guarantee obligation, but the court declined this prayer.
Ferrero Spa & Ors. v.Needs Supermart Private Limited
In a trademark infringement suit concerning the 'Nutella' brand, the Delhi High Court issued an order on February 2, 2022. While the court maintained the existing interim injunction against the defendant, it deferred the dispute over whether products were counterfeit to the trial stage. Furthermore, the court directed both parties toward mediation and conciliation to attempt a settlement of the ongoing litigation.
The Polo/Lauren Company L P v.Sandeep Arora & Anr.
The Polo/Lauren Company L P filed a rectification petition under Section 50 of the Copyright Act, 1957, challenging the copyright registration of 'SPORTS POLO' held by Sandeep Arora & Anr. The petitioner argued that the respondent's logo substantially reproduced its well-known trademarks and artistic marks. The court found that the respondent's artwork was an imitation of the petitioner's registered marks, lacking originality, and therefore wrongly registered. Consequently, the court allowed the petition and directed the cancellation of the impugned copyright registration.
Usha International Limited v.Registrar Of Trademarks And Anr.
Usha International Limited filed a petition seeking the removal/cancellation of the mark 'WSHA' from the Trade Marks Register, arguing that it is deceptively similar to their long-standing mark 'USHA'. The Delhi High Court accepted the petition and issued notice to the respondents. The matter was subsequently listed for further arguments on April 4, 2022.
Entrepreneur Media Inc v.The Senior Examiner Of Trade Marks Delhi
Entrepreneur Media Inc challenged the refusal of its trademark application 'ENTREPRENEUR' by the Senior Examiner of Trade Marks Delhi, arguing that the mark was distinctive and had acquired local reputation. The High Court allowed the appeal, setting aside the examiner's order. Crucially, the court did not decide the merits but remanded the case back to the Registrar, directing a fresh review based on specific evidence provided by the appellant regarding cited marks.
New Balance Athletics Inc. v.Ashok Kumar Trading As WWW.SASTAJOOTA.COM & ORS.
The Delhi High Court granted an ad-interim injunction in favor of New Balance Athletics Inc. against Ashok Kumar Trading As WWW.SASTAJOOTA.COM & Ors., finding a prima facie case of trademark infringement. The court recognized that the defendants were operating websites offering footwear bearing New Balance's mark without authorization, leading to apprehension of counterfeit goods. Consequently, the court ordered the immediate deactivation and blocking of the infringing websites.
Astrazeneca Ab v.Intas Pharmaceuticals Limited, Alkem Laboratories Ltd., Zydus Healthcare Limited & Anr., Torrent Pharmaceuticals Limited, Micro Labs Limited, MSN Laboratories Private Limited, Eris Lifesciences Limited, USV Private Limited, Ajanta Pharma Limited
This Delhi High Court judgment addresses multiple appeals filed by AstraZeneca seeking interim relief to restrain various pharmaceutical companies from infringing its patents. The core issue revolved around whether AstraZeneca was entitled to an immediate injunction while the underlying suits for permanent injunction were pending. The court ultimately dismissed all nine appeals, finding no merit in the appellants' claims.
Enlearn Education Pvt Ltd v.Imperial Heritage School
Enlearn Education Pvt Ltd successfully secured an interim injunction against Imperial Heritage School in the Delhi High Court. The plaintiffs, who operate a well-established school under the name 'The Heritage School,' alleged that the defendants were attempting to register and use the deceptively similar mark 'IMPERIAL HERITAGE SCHOOL.' The court found that a prima facie case was made out, granting immediate relief to prevent irreparable harm and confusion in the market.
Stanley Switchgear Products v.Sunil Agarwal & Anr.
The Delhi High Court disposed of an appeal filed by Stanley Switchgear Products challenging a Commercial Court order regarding trademark infringement and passing off concerning the 'STANLEY' mark used for wires and cables. The core dispute centered on conflicting claims of prior usage dates. Ultimately, the court facilitated an amicable resolution, with the respondents agreeing not to seek interim injunctions against the appellant's use of the mark. Furthermore, the court suggested a permanent settlement where both parties could distinguish their products by adding unique house marks.
M/S Nutrica Pusti Healthcare Pvt. Ltd. v.M/S Morepen Laboratories Ltd.
The Delhi High Court dismissed the appeal filed by Nutrica Pusti Healthcare Pvt. Ltd., upholding the Commercial Court's interim injunction against Morepen Laboratories Ltd. The court found that the marks used by the appellants were deceptively similar to those of the respondents, particularly considering the pharmaceutical context and potential for consumer confusion. This judgment reinforces the strict application of trademark principles in the highly regulated pharma sector.
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