Amit Bansal
342 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
342 cases indexed | Page 3 of 12
Christian Louboutin Sas & Anr. v.M/S Italian Shoes Co. & Ors.
In this ongoing intellectual property dispute, Christian Louboutin SAS sought various procedural reliefs in the Delhi High Court against M/S Italian Shoes Co. The court granted several applications, including allowing the plaintiffs to file additional documents and granting exemption from pre-institution mediation due to the suit's urgent nature. Crucially, the order also addressed the core infringement claim, setting up the case for permanent injunctions related to trademark infringement, copyright violation of shoe images, and passing off concerning the signature 'RED SOLE' style.
Abbott Product Operations Ag & Anr. v.Medinox Pharmaceuticals & Ors.
In a significant development concerning trademark infringement, the Delhi High Court issued an order compelling Defendants No. 1 and 2 (pharmaceutical distributors) to immediately cease manufacturing medicines bearing the impugned trademark 'DUPHAMED' or any variation using 'DUPHA'. This interim relief was granted in the context of urgent proceedings, while also allowing time for existing stock disposal. The court further streamlined procedural requirements by granting exemptions related to document filing and pre-institution mediation.
Johnson And Johnson Consumer Companies Inc v.The Controller Of Patents
Johnson And Johnson Consumer Companies filed an application seeking to amend and file an auxiliary claim set in their patent appeal. The core legal question was whether such amendments were permissible at the appellate stage and if they complied with Section 59 of the Patents Act, 1970. The Court analyzed precedents regarding amendment powers and found that the proposed changes narrowed the scope of the original claims by adding specific agents. Consequently, the court allowed the amendments and took the auxiliary claims on record.
Hero Investcorp Pvt Ltd And Anr v.Ashok Kumar (John Doe)
The Delhi High Court granted interim relief to Hero Investcorp Pvt Ltd in its suit against an unidentified entity manufacturing and selling counterfeit two-wheeler spare parts. The court recognized the Plaintiffs' registered trademarks and trade dress associated with 'HERO GENUINE PRODUCTS.' Crucially, the court appointed a Local Commissioner to execute a search and seizure commission at the Defendant's premises to recover infringing goods, setting the stage for further litigation.
Crystal Crop Protection Limited v.Safex Chemicals India Limited
Crystal Crop Protection Limited filed a suit seeking permanent injunction against Safex Chemicals India Limited for infringing its registered patent no. 417213, which covers a novel weedicidal formulation. The plaintiff alleged that the defendant's product 'RACER' had an identical composition to the patented invention. However, while considering the interim injunction application, the Delhi High Court found that the plaintiff failed to establish a prima facie case because the element of 'dyeing agent or pigment' was not proven to be non-essential in the patent claim. Consequently, the court dismissed the injunction request.
Himalaya Wellness Company & Ors. v.Wipro Enterprises Private Limited
Himalaya Wellness Company initiated proceedings in the Delhi High Court seeking to challenge the validity of Wipro Enterprises Private Limited's trademark registration 'EVECARE.' The court allowed the plaintiffs' application under Section 124 of the Trade Marks Act, 1999. Consequently, the court framed a specific issue questioning whether the defendant's mark is invalid and liable for removal/cancellation from the Register of Trademarks, setting the stage for further substantive litigation.
Mohammed Azam Trading As Noor Ahmed Mohd Azam v.Paramjeet Singh & Anr.
The Delhi High Court addressed two matters: first, it condoned a minor delay in the petitioner's rectification petition. Second, the court initiated proceedings to cancel the trademark 'SARDARJI MASALE WALE NURY'. The court ordered notice to be served on all parties and directed the summoning of the complete registration record from the Trademark Registry for review.
Glaxo Group Limited v.Qpharm Health Care Limited And Anr
The Delhi High Court addressed multiple issues in the ongoing dispute between Glaxo Group Limited and Qpharm Health Care Limited. The court allowed a petition seeking the transfer and consolidation of trademark rectification proceedings against 'BETNOTREAT' into the main infringement suit, recognizing the interconnected nature of the disputes. Furthermore, after hearing arguments regarding trade dress similarity, the parties were referred to mediation, indicating a potential path toward settlement.
Alkem Laboratories Limited v.Dr. Mariya Parvez & Ors.
The Delhi High Court addressed an application by Alkem Laboratories seeking to include a proposed defendant who had posted misleading content targeting its pharmaceutical products, PAN-D and PAN-40. Although the plaintiff initially sought to extend existing injunctions against this individual, the court noted that the impugned video had already been taken down. Consequently, the court dismissed the impleadment request but reaffirmed that the proposed defendant remains prohibited from using Alkem's 'PAN' family of marks in any videos, reserving the right for the plaintiff to seek further action if infringement recurs.
M/S. Rashik Soap Factory v.The Registrar Of Copyright & Ors.
The Delhi High Court allowed M/S. Rashik Soap Factory to amend its ongoing petition by incorporating a subsequent trademark registration. The petitioner sought to update the court record, confirming that they had acquired ownership of Trademark No. 4176479 through an assignment deed during the pendency of the case. This order allows the petitioner to formally bring this change in IP ownership before the court, ensuring all relevant facts are on record for the ongoing litigation.
Modern Snacks Pvt Ltd v.Bimbo Bakeries India Pvt. Ltd.
The Delhi High Court disposed of Modern Snacks Pvt Ltd's suit against Bimbo Bakeries India Pvt. Ltd., which sought permanent injunction and damages related to trademark infringement. The court noted that the defendant had already filed an independent suit (CS(COMM) 460/2020) against the plaintiff on the same grounds of trademark infringement. Citing Section 142(2) of the Trade Marks Act, 1999, the court held that the present suit could not proceed further, allowing the plaintiff to raise all contentions in the existing cross-suit.
SSAB TECHNOLOGY AB v.DEEPAK DINESH MEHTA AND OTHERS
The Delhi High Court issued a complex order in the trademark infringement suit, partially granting relief to SSAB Technology Ab. The court decreed the suit regarding specific permanent injunctions against the defendants concerning their use of infringing marks (HARDOX/Leomet-alloys). However, the court noted that the plaintiff declined an offer for full settlement and directed the suit to remain pending on remaining money claims, setting the stage for further litigation.
Abhi Traders v.Fashnear Technologies Private Limited & Ors.
Abhi Traders, a clothing manufacturer, filed a suit against various sellers operating on an e-commerce platform (Defendant No. 1) for infringing its copyrights and passing off its products. The plaintiff asserted ownership over the artistic designs and promotional photographs used to market its 'Ibrana' line of ethnic wear. After the defendants failed to file written statements despite being served, the court found that the defendants substantially reproduced the copyrighted images and took unfair advantage of the plaintiff's goodwill.
San Nutrition Private Limited v.Arpit Mangal And Others
The Delhi High Court addressed the tension between brand reputation and freedom of speech in influencer marketing. San Nutrition Private Limited sought an interim injunction against social media influencers, alleging trademark infringement, defamation, and unfair trade practices based on critical videos about its products. However, the court ruled in favor of the defendants, finding that the plaintiff failed to establish a prima facie case for infringement or disparagement. The judgment emphasized that the right to free speech under Article 19(1)(a) must be protected unless demonstrably false or malicious.
Blackberry Limited v.Assistant Controller Of Patents And Designs
Blackberry Limited appealed the refusal of its patent application (No. 1071/DEL/2007) by the Assistant Controller of Patents & Designs. The refusal was based partly on objections related to amendments, which the appellant argued were merely corrections and explanations within the scope of Section 59. The High Court found that the impugned order lacked reasoning regarding the rejection of these amendments.
Bmi Group Danmark Aps (Formerly Icopal Danmark Aps) v.The Assistant Controller Of Patents And Designs And Another
Bmi Group Danmark Aps appealed a refusal order issued by the Controller of Patents and Designs regarding its patent application for a multi-layer sealing web. The core dispute centered on whether the invention possessed inventive step, specifically concerning the unique combination carrier insert featuring glass nonwoven and knitted glass reinforcement. The Delhi High Court examined the technical analysis and found that the Controller incorrectly interpreted the claim's features and relied improperly on non-analogous prior art. Consequently, the court allowed the appeal and directed the grant of the patent.
M/S Zine Davidoff S.A. v.Union Of India And Anr
The Delhi High Court ruled in favor of M/S Zine Davidoff S.A., restoring its mark 'DAVIDOFF' (No. 454875) after it had been removed by the IPAB for alleged lapse. The court found that the petitioner had renewed the mark within statutory timelines, and crucially, noted that the Trade Mark Registry failed to issue a mandatory Form O3 notice before removal. Given the Registry's admission of lacking records regarding this notice, the High Court mandated the restoration of the trademark.
Dr. Reddys Laboratories Limited v.Wockhardt Limited And Anr.
Dr. Reddys Laboratories filed a petition in the Delhi High Court seeking the cancellation of the trademark registration 'PACTYON' held by Wockhardt Limited. The respondents objected to the maintainability of the suit, arguing that the mark was registered in Mumbai. The court accepted notice and set procedural timelines for filing replies and rejoinders, indicating that the matter will proceed through standard litigation steps.
The Coca-Cola Company v.The Controller Of Patents & Anr.
The Coca-Cola Company appealed the refusal of its Indian Patent Application for a superior beverage dispenser. The appeal argued that the rejection order failed to analyze the appellant's submissions distinguishing the invention from cited prior art. The High Court held that the Controller must pass a speaking order analyzing all elements, and consequently set aside the impugned order, remanding the matter for fresh consideration.
Abbvie Biotherapeutics Inc & Anr. v.Assistant Controller Of Patents
The appeal challenged the refusal of an Indian patent application for 'ANTI-cMet ANTIBODY DRUG CONJUGATES AND METHODS FOR THEIR USE'. The appellant sought to amend claims from methods of treatment to product claims. The court upheld the Controller's decision, finding that the original specification focused on method-of-use and the proposed amendments were an impermissible broadening of scope.
Marelli Europe S.P.A. v.The Deputy Controller Of Patents And Designs
Marelli Europe S.P.A. appealed against the Deputy Controller's order refusing grant of a patent application, citing lack of inventive step. The appellant argued that the rejection was mechanical, merely copying prior art extracts without providing reasoned justification for why the invention lacked inventive step. The Court agreed, finding the impugned order lacked proper application of mind.
Fresenius Medical Care Deutschland GmbH v.Controller General Of Patents, Designs And Trademarks and Anr
Fresenius Medical Care Deutschland appealed a decision by the Controller General of Patents refusing to grant its patent application concerning microvesicles derived from adult stem cells for tumor treatment. The core legal dispute centered on whether the appellant could amend the claims at the appellate stage to overcome objections regarding novelty and inventive step. The Delhi High Court ultimately allowed the amendments, finding that they were merely explanatory or disclaimers and did not broaden the scope of the original claims. Consequently, the refusal order was set aside, and the matter was remanded back to the Patent Office for fresh examination.
Kohinoor Seed Fields India Pvt. Ltd. v.Veda Seed Sciences Pvt. Ltd. & Anr.
The Delhi High Court issued an order in the trademark dispute between Kohinoor Seed Fields India Pvt. Ltd. and Veda Seed Sciences Pvt. Ltd. The court noted that the Plaintiff had filed a suit seeking infringement and passing off of its registered trademarks. Consequently, the matter was scheduled for listing before the appropriate bench on December 6, 2022, to continue the ongoing litigation.
Epifi Technologies Private Limited v.Formula One Licensing Bv & Anr.
The Delhi High Court allowed a rectification petition filed by Epifi Technologies Private Limited against Formula One Licensing Bv & Anr., successfully arguing that the respondent's registered mark 'F1' should be removed from the register. The court found that the impugned mark had not been used in commerce for the required continuous period, and furthermore, the respondent failed to obtain necessary regulatory approvals despite its registration date. This decision reinforces the principle that trademark registrations must reflect genuine commercial use.
Fashnear Technologies Private Limited v.John Doe/S And Ors
In a significant interim order, the Delhi High Court granted permanent injunction reliefs sought by Fashnear Technologies Private Limited against John Doe and others. The court issued sweeping directives requiring entities like NPCI, telecom service providers, and Meta Platforms to take immediate action—including blocking UPI IDs, suspending phone numbers, and removing infringing social media content—to protect the plaintiff's trademarks ('MEESHO') and copyrights. This order sets a strong precedent for how IP holders can leverage court intervention against digital infringement across multiple platforms.
Syrma Sgs Electronic Pvt Ltd v.The Controller Of Patents & Anr.
The petitioner filed a petition seeking the revocation of Patent No. 483156, which relates to a backpack with an avalanche safety system. The court also addressed several interlocutory applications concerning the submission and exemption of documents. Notice was issued to all respondents for further proceedings.
Glanbia Performance Nutrition Limited v.Hercules Nutra Pvt. Ltd. & Anr.
The Delhi High Court allowed a cancellation petition filed by Glanbia Performance Nutrition Limited against Hercules Nutra Pvt. Ltd., directing the removal of an identical trademark registration from the register. The court found that Glanbia was a prior user and adopter of the 'ON' mark for nutritional supplements, possessing immense goodwill in India since 2003. Given the deceptive similarity of the respondent's mark (including copying the swoosh arrow) and the identity of the goods, the registration was deemed dishonest and liable to be cancelled.
H-D U. S. A., Llc v.Vijaypal Dhayal Owner/ Proprietor Of Red Rose Industries
The Delhi High Court granted an interim injunction in favor of H-D U. S. A., LLC against Vijaypal Dhayal Owner/ Proprietor Of Red Rose Industries. The court found a prima facie case of trademark infringement and passing off because the defendant's mark replicated the plaintiff's registered 'Eagle Logo/ Device mark.' Furthermore, the court dismissed the defendant's preliminary objection regarding the authority to file the suit, confirming that the Power of Attorney granted omnibus powers covering all intellectual property rights. The injunction mandates that the defendant cease dealing in infringing goods pending the final disposal of the suit.
Ibibo Group Pvt Ltd. v.Satyendra Kumar Singh And Anr
The Delhi High Court allowed a rectification petition filed by Ibibo Group Pvt Ltd. against an infringing trademark registration. The petitioner, a major online travel platform operating under 'GOIBIBO', successfully argued that the respondent's registered mark was deceptively similar and likely to cause confusion among consumers. Given the petitioner's extensive goodwill and prior use since 2009, the Court directed the Trade Marks Registry to remove the conflicting registration.
Ms. Drools Pet Food Private Ltd v.Registrar Of Trademarks & Anr.
The Delhi High Court issued procedural directions in the trademark opposition case filed by Ms. Drools Pet Food Private Ltd against the Registrar of Trademarks. Despite ongoing mediation efforts, the court set a timeline for the respondents to file their replies within six weeks, followed by rejoinders. The matter is scheduled for further hearing and completion of pleadings.
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