Amit Bansal
276 IP cases indexed. Covers trademark, patent, copyright, design matters.
Cases Presided Over
276 cases indexed | Page 4 of 10
Mukesh Chand Khandelwal Trading As M/S Khandelwal Brothers v.M/S S N Biri Factory Pvt Ltd & Anr.
The Delhi High Court addressed several procedural applications in the trademark appeal filed by Mukesh Chand Khandelwal. The court condoned an eight-day delay in refiling the appeal, allowing the matter to proceed. The case challenges the Registrar's decision that dismissed the appellant's trademark application due to a successful opposition filed by the respondent.
Epikindifi Software And Solutions Pty Ltd v.The Registrar Of Trademarks
The Delhi High Court addressed rectification petitions filed by Epikindifi Software and Solutions Pvt. Ltd. concerning the marks LEND.EZEE (No. 6174368 and 6174369). The court noted a procedural error in the filing, specifically regarding the petitioner's name. Consequently, the Court directed the petitioner to file a corrected Memo of Parties within one week. Further proceedings were scheduled after granting time for both parties to file their respective replies and rejoinders.
Kiranakart Technologies Private Limited v.Mohammad Arshad & Anr.
Kiranakart Technologies Private Limited filed a suit seeking the removal of an identical word mark, 'ZEPTO,' registered by Respondent No. 1 under Section 47 and 57 of the Trade Marks Act, 1999. The Petitioner uses 'ZEPTO' for instant grocery delivery services, while the Respondent holds the mark in Class 35 relating to mobile phone marketing. The court has initiated proceedings by issuing notices to all parties, setting the stage for a detailed examination of trademark conflict and consumer confusion.
Cellectis v.The Assistant Controller Of Patents And Designs
Cellectis appealed a refusal order by the Controller of Patents regarding its patent application for a method involving T-Cells. The appeal sought permission to file amended claims and complete specification. The court examined whether these amendments were permissible under Section 59 of the Patents Act.
Veekesy Rubber Industries Pvt Ltd. v.Kamal Bansal
The Delhi High Court allowed a rectification petition filed by Veekesy Rubber Industries Pvt Ltd. against Kamal Bansal, directing the removal of the registered trademark 'VKG'. The court found that 'VKG' was confusingly similar to the petitioner's prior and well-established mark 'VKC', which had been used since 1985 in respect of footwear. Crucially, the court noted that the respondent failed to demonstrate actual use of the impugned mark, leading it to conclude that the registration was obtained dishonestly to trade upon the petitioner's goodwill.
The Regents Of The University Of California v.The Controller Of Patents
The Regents of the University of California appealed the refusal of their patent application concerning a recombinant Salmonella microorganism based live vaccine. The Controller argued that the broad scope of the claims led to two major issues: first, they potentially covered naturally occurring loss-of-function variants, making them non-patentable under Section 3(c) of the Patents Act; and second, the complete specification lacked sufficient disclosure and clarity for the wide range of organisms claimed. The Delhi High Court upheld the Controller's decision, dismissing the appeal on grounds of insufficient disclosure and non-patentability.
Hero Investcorp Private Limited & Anr v.M.M. Oil Traders
The Delhi High Court granted several interim reliefs in favor of Hero Investcorp Private Limited, which is suing M.M. Oil Traders for infringement. The court allowed the plaintiffs to file additional documents and exempted them from advance service and pre-institution mediation due to the urgent nature of the case. Crucially, the court appointed a Local Commissioner with broad powers to confiscate infringing products and inspect the defendant's accounts, signaling strong judicial support for the plaintiff's claims regarding trademark, design, and copyright infringement.
F Hoffmann-La Roche Ltd & Others v.Drugs Controller General of India & Others
The plaintiffs, innovators of biological drugs 'bevacizumab' (AVASTIN) and 'trastuzumab' (HERCEPTIN), filed suits against generic manufacturers (Hetero and Cadila) seeking permanent injunctions. The current judgment addresses applications for the disclosure and production of documents related to the defendants' regulatory approvals, arguing that the approvals were obtained by suppressing material facts.
F Hoffmann-La Roche Ltd v.Drugs Controller General Of India
The plaintiffs, innovators of biological cancer drugs 'bevacizumab' (AVASTIN) and 'trastuzumab' (HERCEPTIN), filed suits against the Drugs Controller General of India and associated defendants. The current judgment addresses applications seeking disclosure and production of documents related to the DCGI approvals granted to bio-similar versions of these drugs.
Vgx Pharmaceuticals Inc v.The Controller General Of Patents, Designs And Trademarks
Vgx Pharmaceuticals Inc challenged the refusal of its patent application concerning 'Electroporation Devices and Methods.' The appeal argued that the Assistant Controller's order was unreasoned, failing to provide a clear justification for rejecting the invention based on prior art D4 and D5. The Delhi High Court agreed, finding the impugned order cryptic and lacking necessary analysis regarding inventive step. Consequently, the court allowed the appeal, setting aside the refusal and remanding the matter back to the Patent Office for fresh consideration.
Mankind Pharma v.Lemford Biotech Pvt Ltd.
The Delhi High Court allowed a rectification petition filed by Mankind Pharma against Lemford Biotech Pvt Ltd., directing the removal of the trademark 'LENOKIND'. The court found that 'LENOKIND' was confusingly similar to Mankind Pharma’s established and well-known family of marks, particularly those containing the element 'KIND'. Given Mankind Pharma's extensive prior use, massive market presence in pharmaceuticals, and acquired goodwill, the registration of 'LENOKIND' was deemed liable for cancellation under Section 57 of the Trade Marks Act.
Parle Elizabeth Tools Private Limited v.Pacific Tools Private Limited
The petitioners filed a petition seeking the revocation of patent number 420765, which was granted in favour of respondent no.1. The court allowed an application for exemption from filing copies and listed the main petition for further proceedings.
Manash Lifestyle Private Limited v.Shabina Kundial & Anr.
Manash Lifestyle Private Limited successfully petitioned for the rectification and removal of a deceptively similar trade mark registered by Shabina Kundial & Anr. The petitioner, which operates under the renowned FACES brand in beauty and wellness, demonstrated extensive prior use, goodwill, and reputation associated with its marks. The court found that the impugned mark was confusingly similar to the established FACES marks and was adopted dishonestly to ride over the petitioner's reputation, leading to the cancellation of the infringing registration.
Panasonic Holdings Corporation & Anr. v.Askhok Kumar & Ors.
In this Delhi High Court order concerning trademark infringement, the court granted an exemption from advanced service to allow the plaintiffs (Panasonic) to seek urgent interim relief. The core decision was the appointment of a Local Commissioner to conduct a comprehensive search and seizure operation at the defendants' premises. This action aims to confiscate counterfeit packaging materials bearing the 'ANCHOR' trademark, thereby protecting Panasonic's goodwill and preventing further infringement while the main suit proceeds.
Ajp Impex Private Limited v.The Registrar Of Trademark Delhi & Anr.
The Delhi High Court granted an interim stay in favor of Ajp Impex Private Limited regarding a trademark dispute. Despite the respondent failing to appear or file a reply, the court upheld and made absolute the existing interim order from February 2025. This decision allows the petitioner to maintain protection against the impugned mark until the final resolution of the main petition.
Mr Abhishek Sharma & Anr. v.Assistant Controller Of Patents And Designs
The appellants appealed a decision by the Assistant Controller of Patents and Designs refusing their patent application (No. 202111053480). The subject matter related to 'black coloured wearing' and its alleged effects on human health, which the Controller rejected as non-technical and an abstract theory lacking scientific evidence. The High Court dismissed the appeal both on merits and due to the inordinate delay in filing.
Svamaan Financial Services Private Limited v.Sammaan Capital Limited & Ors.
The Delhi High Court granted an interim injunction in favor of Svamaan Financial Services Private Limited against Sammaan Capital Limited and others. The court found a prima facie case of trademark infringement because the competing mark 'SAMMAAN' is deceptively similar to the plaintiff's 'SVAMAAN' marks, and both parties operate in identical financial services sectors (granting loans). Despite initial challenges regarding the authenticity of the plaintiff's registration certificates, the court confirmed their validity through a status report from the Trade Marks Registry, thus upholding the injunction.
Star India Pvt. Ltd. v.Ashar Nisar & Ors.
Star India Pvt. Ltd., an entertainment media company, filed a suit against various individuals and entities for the unauthorized dissemination and broadcasting of its copyrighted content through rogue mobile applications and illicit websites. The plaintiffs asserted their exclusive rights over content streamed via STAR Channels and Disney+ Hotstar. Given that the defendants failed to contest the suit by filing a written statement despite being served, the Delhi High Court found them liable for copyright piracy.
Oracle America, Inc. v.Mr. Sandeep Khandelwal And Anr
The Delhi High Court allowed Oracle America's petition seeking rectification and cancellation of a rival trademark, JAVATPOINT/. The court found that the impugned mark was deceptively similar to Oracle's well-established 'JAVA' mark, which has been used since the 1990s. Given the identical target consumer base in educational services (Class 41), the court ruled that the respondent had dishonestly adopted the mark to ride on Oracle's goodwill and reputation, leading to its removal from the Trade Marks Register.
Dwarka Matlani v.Jay Daryani
Dwarka Matlani filed a rectification petition challenging the copyright registration granted to Jay Daryani for the label and packaging titled 'ROYAL'. The petitioner argued that the registered artwork was a slavish imitation of their own established trademark/label, which they had used since 1997. Furthermore, the petitioner contended that the registration process concealed material facts regarding the true ownership of the artistic work. The court found that the respondent's label was an imitation and lacked originality, making it ineligible for copyright protection. Given these findings, the High Court allowed the petition, directing the removal of the impugned copyright from the Register.
Novartis Ag v.Cdymax (India) Pharma Private Limited
The plaintiffs seek a permanent injunction against the defendant for infringing their patent related to the compound Ribociclib, used in breast cancer treatment. The defendant allegedly started manufacturing and exporting the patented compound without authorization.
Mahle Gmbh v.Madan & Ors.
In a significant ruling concerning trademark infringement, the Delhi High Court allowed Mahle Gmbh to implead Mr. Ankur Jain (M/s A.J. Enterprises) as a defendant after local commissioner reports found counterfeit 'MAHLE' pistons at his premises. Consequently, the court extended the existing interim injunction order against this newly added party. This decision underscores the judiciary's willingness to ensure all parties involved in counterfeiting activities are brought before the court for proper adjudication.
Goodai Global Inc v.Shahnawaz Siddiqu & Anr.
The Delhi High Court allowed a rectification petition filed by Goodai Global Inc against Shahnawaz Siddiqu & Anr., directing the removal of an identical device mark registration (No. 5635163) in Class 3. The court found that the respondent obtained the mark dishonestly and in bad faith, attempting to trade upon the petitioner's established goodwill associated with its 'Beauty of Joseon' brand. Given the clear intent to appropriate the petitioner's reputation, the registration was deemed liable for cancellation under Section 57 of the Trade Marks Act.
Bajaj Resources Limited & Anr v.Goyal Herbals Private Limited & Ors
The Delhi High Court permitted the plaintiffs, Bajaj Resources Limited & Anr, to amend their original plaint in a trademark infringement and passing off suit. The court held that introducing subsequent trade mark registrations, evidence of enhanced goodwill, and relevant judicial records did not change the nature or character of the existing dispute. This decision allows the plaintiffs to strengthen their case by incorporating new statutory rights acquired after the suit's inception.
Macleods Pharmaceuticals Ltd. v.The Controller Of Patents & Anr.
Macleods Pharmaceuticals Ltd. (Petitioner) filed a revocation petition against Indian Patent IN 243301, held by Boehringer Ingelheim Pharma GmbH & Co. KG (Respondent No. 2), concerning the anti-diabetic drug LINAGLIPTIN. The Respondent challenged the maintainability of the petition on grounds that it was filed after the patent expired and because invalidity had already been raised in an ongoing infringement suit. The Court dismissed these objections, holding that a revocation petition can be sustained even after the patent term expires.
Gensol Electric Vehicles Pvt. Ltd. v.Mahindra Last Mile Mobility Limited
The Delhi High Court dismissed the plaintiff's interim injunction request concerning alleged trademark infringement. Gensol Electric Vehicles sought to restrain Mahindra Last Mile Mobility from using 'eZEO,' claiming prior rights over 'EZIO.' However, the court found that the plaintiff failed to establish a prima facie case for confusion, noting that the defendant had already launched its product while the plaintiff was yet to market theirs. The judgment emphasizes the importance of actual market presence and use when assessing likelihood of confusion.
Syngenta Limited And Anr. v.Gsp Crop Science Private Limited
The plaintiffs filed an application seeking a direction to the defendant to comply with the mutually agreed Terms of Reference (ToR) and provide access to specific documents shared under the ToR. The defendant opposed this, citing concerns over leakage of proprietary information and violation of Section 104A of the Patents Act. The Court ruled in favor of the plaintiffs, directing the defendant to supply the requested information while allowing redaction of supplier names.
Neeraj Jain v.Controller General Of Patents, Designs and Trademark & Anr.
The Delhi High Court addressed several applications in the writ petition filed by Neeraj Jain against the Controller General of Patents. Crucially, the court condoned a 36-day delay in filing the petition itself. The core matter involves challenging an order that declared the petitioner's design application abandoned due to a belatedly filed Power of Attorney. Notice has been issued, setting the stage for further arguments on the merits of the abandonment claim.
Allied Blenders And Distillers Limited v.Tilaknagar Industries Limited & Ors
In a suit concerning alleged trademark, copyright, and passing off infringement, the Delhi High Court issued several procedural orders. Crucially, regarding the interim injunction application, the court accepted the defendants' commitment to immediately stop using the disputed label on new products as of December 26, 2024. This temporary relief is subject to the defendants exhausting their existing stock bearing the impugned label, which they must detail in an affidavit.
Rahul Mishra & Anr. v.John Doe & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of fashion designer Rahul Mishra, restraining defendants from using or dealing in goods deceptively similar to his registered trademarks and trade names. The court also directed the defendant operating the website www.rahudress.com to immediately suspend the domain name and disclose complete details of the primary infringing entity (Defendant No. 1). This order protects both trademark rights and copyright/design rights related to Mishra's luxury apparel.
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