Amit Bansal
276 IP cases indexed. Covers trademark, patent matters.
Cases Presided Over
276 cases indexed | Page 5 of 10
Saif Hong Kong Holdings Ltd. v.John Doe/ Ashok Kumar And Ors
The Delhi High Court issued a series of orders in the trademark infringement suit filed by Saif Hong Kong Holdings Ltd. against John Doe and others. The court granted several procedural reliefs, including exemption from pre-institution mediation and allowing the plaintiffs to file additional documents. Crucially, the court permitted specific service methods—such as email communication via designated Grievance Officers—for defendants located outside India or those identified as DNRs (Defendant Not Represented), while also exempting the plaintiff from advance service upon Defendant No. 1 due to the urgent nature of the relief sought.
Evergreen Sweet House v.JV Evergreen Sweets And Treats & Ors.
The Delhi High Court granted an interim injunction in favor of Evergreen Sweet House against JV Evergreen Sweets And Treats. The court found a prima facie case of passing off, noting that the plaintiff has been operating under the 'Evergreen' mark since 1963, establishing significant goodwill and prior use. Given the defendant's recent entry into the market and the likelihood of customer confusion on food delivery platforms, the court restrained the defendants from using the infringing mark until the final suit adjudication.
Khadi & Village Industries Commission v.Ms. Aparna Mallick And Anr.
The Delhi High Court ruled in favor of the Khadi & Village Industries Commission, granting a permanent injunction against Ms. Aparna Mallick and others for trademark infringement and passing off. The court found that the defendant's use of 'KHADISAREE' was deceptively similar to the plaintiff's well-known mark 'KHADI'. Furthermore, the Court ordered the transfer of the infringing domain name and awarded substantial damages and costs against the defendant due to their non-cooperation.
Gemini Edibles And Fats India Limited v.Dream Freedom Herbal Pvt. Ltd.
The Delhi High Court allowed a rectification petition filed by Gemini Edibles And Fats India Limited against Dream Freedom Herbal Pvt. Ltd., directing the removal of the respondent's trademark (No. 3213226). The court found that the impugned mark was deceptively similar to the petitioner's prior and well-reputed 'FREEDOM' marks, noting that the addition of a prefix did not differentiate it sufficiently. Given the identical nature of the goods and target consumers, the registration was deemed obtained dishonestly to trade upon the petitioner's goodwill.
Dabur India Limited v.Ms Usha Proprietor Of Rs Industries & Anr.
The Delhi High Court allowed Dabur India Limited's cancellation petition against a similar mark registered by Ms. Usha Proprietor Of Rs Industries. The court found that the impugned mark was confusingly and deceptively similar to Dabur's well-known trademark 'DABUR,' particularly given that both parties operate in the identical Class 3 goods (detergents, soaps, etc.). Citing prior use and established goodwill, the High Court directed the Trade Marks Registry to remove the infringing registration.
Pfizer Inc. v.Everest Pharmaceuticals Limited
The plaintiffs, Pfizer Inc. and its subsidiaries, filed a suit alleging that the defendants unlawfully manufactured, sold, and exported the infringing product 'Tofaxen', which is a generic version of their patented drug Tofacitinib (Xeljanz®). The court found that the defendants collectively infringed the suit patents while they were valid and subsisting. However, since the patents had expired during the pendency of the suit, the plaintiffs did not press for permanent injunction but secured a decree in terms of prayer clause 57(e).
Candico (I) Limited v.T.R. Kohli, Trading As T.R. Kohli And Sons
The Delhi High Court set aside a previous order that had refused the registration of the mark 'JUMBO GUMBO' due to an opposition. The court found that the objection raised by the opponent did not survive because their prior trademark application for 'JUMBO' had been treated as abandoned years earlier. Given the changed circumstances and the opponent's failure to contest the appeal, the High Court directed the Trade Marks Registry to proceed with the registration of 'JUMBO GUMBO'.
Puma Se v.Surender Singh And Anr.
The Delhi High Court allowed Puma Se's petition seeking cancellation of a deceptively similar trademark, 'P11MA,' registered by Surender Singh in Class 25. The court found that the respondent had slavishly copied the petitioner's established and well-known mark, PUMA, leading to a high likelihood of consumer confusion. Furthermore, the respondent voluntarily agreed not to contest the petition, solidifying the decision for removal.
Spv Laboratories Private Limited v.The Controller General Of Patents And Designs
The appeal was filed challenging the refusal by the Assistant Controller to restore Patent No. 404239, which had lapsed due to non-payment of the renewal fee. The appellant argued that the delay was caused by an exigency in the attorney's family and that the restoration application was filed within the permissible period. The High Court allowed the appeal, holding that a granted patent should not be refused solely on procedural lapse if the restoration application is timely.
Spv Laboratories Private Limited v.The Controller General Of Patents And Designs
The appellant filed an appeal challenging the refusal by the Assistant Controller to restore Patent No. 403793, which had lapsed due to non-payment of the renewal fee. The appellant argued that the delay was caused by a family exigency involving its attorney and that the restoration application was filed within the prescribed period. The High Court allowed the appeal, setting aside the impugned order.
Fena Private Ltd v.Balwinder Kumar & Anr.
Fena Private Ltd successfully petitioned for the cancellation of a similar trademark, 'NIPPU,' registered by Balwinder Kumar in Class 3 goods. The Delhi High Court found that Fena had established prior rights and extensive goodwill with its mark 'NIP' since 1976. Given the identical nature of the goods (detergents/cleaning preparations) and the deceptive similarity between the marks, the court ruled that the impugned registration was obtained dishonestly to trade upon Fena's reputation, leading to its removal from the Register.
Societe Des Produits Nestle S A v.The Registrar Of Trade Marks
Nestle appealed a trademark refusal order from the Trademark Registry to the Delhi High Court. The original rejection was based on the mark being non-distinctive and similar to existing registered marks. Due to procedural issues following the dissolution of the IPAB, Nestle had to file a fresh appeal in the High Court. The court accepted notice and scheduled further proceedings.
Largan Precision Co Ltd v.Motorola Mobility India Pvt Ltd & Ors.
Largan Precision Co Ltd filed a suit seeking permanent injunction against Motorola Mobility India Pvt Ltd for infringing its Indian Patent No. 363203, which relates to light blocking sheets in camera systems. The court addressed applications related to interrogatories and the need for confidentiality, ultimately directing the formation of a confidential club.
Draka Comteq B.V v.The Controller Of Patents, Designs And Trademarks
Draka Comteq B.V challenged the refusal of its patent application for 'Multimode Fiber' by the Controller of Patents and Designs. The rejection was based on lack of novelty and inventive step under the Patents Act, 1970. The High Court found that the original order lacked proper reasoning regarding how a person skilled in the art would move from existing knowledge to the subject invention. Consequently, the court set aside the refusal and remanded the matter back to the Patent Office for fresh consideration.
Jay Switches India Pvt Ltd v.Sandhar Technologies Ltd & Ors.
The plaintiff filed a suit seeking permanent injunction against the defendants for infringing its patented 'Air Tight Fuel Cap' and registered design 'Fuel Tank Cap for Vehicle'. The court examined the infringement claims, noting ambiguities in the patent claims. Ultimately, the court dismissed the application for interim injunction, finding that the balance of convenience favored the defendants.
Boehringer Ingelheim Vetmedica Gmbh v.The Controller Of Patents
Boehringer Ingelheim Vetmedica Gmbh appealed a rejection order passed by The Controller of Patents, which refused their application for "Containers for Compositions Comprising Meloxicam." The initial refusal was based on lack of novelty and inventive step in light of cited prior art. The appellant argued that the Controller failed to address their detailed written submissions distinguishing the invention from the prior arts. The Delhi High Court agreed, noting the Controller's order merely reproduced objections without proper consideration of the arguments, and consequently set aside the rejection, remanding the matter for fresh, reasoned consideration.
Mankind Pharma Limited v.S.A Medline Private Limited
Mankind Pharma Limited and S.A Medline Private Limited reached a joint settlement in the Delhi High Court regarding a trademark dispute. As part of the compromise, the defendant agreed to withdraw its contested trademark registration (No. 5328362) within seven days. The court accepted the terms, decreeing the suit against the defendant and allowing for a refund of court fees.
Dcm Shriram Limited v.Mr Arvind Kumar & Anr.
Dcm Shriram Limited successfully secured an ex-parte ad-interim injunction against Mr. Arvind Kumar & Anr. in the Delhi High Court. The court found that the defendants' use of identical packaging and trade dress for their product was a slavish imitation of the plaintiff's registered trademark, 'SHRIRAM 303'. Given the likelihood of market confusion and irreparable injury to Dcm Shriram Limited, the court granted immediate relief restraining the defendants from using any deceptively similar marks or designs.
Syngenta Crop Protection Ag v.Assistant Controller Of Patents
Syngenta Crop Protection Ag challenged the refusal of its patent application, which covered methods for controlling rice plant infestations using a specific compound. The initial rejection was based on the argument that these methods constituted 'methods of agriculture' and were thus unpatentable under Section 3(h) of the Patents Act. The Delhi High Court overturned this decision, holding that a method of treating plants is distinct from fundamental agricultural practices. Consequently, the matter was remanded to the Controller for fresh examination.
Gautam Bhatia v.Vinayak Enterprises
Gautam Bhatia filed an application seeking permission to amend the claims of his Indian Patent No.410993, which relates to a method for preparing an adhesive. The plaintiff sought to narrow the scope of the process and product claims by defining the ratio of modified starch to various powders within a specific range (1:1 to 1:5). Despite the defendant opposing the amendment, the court allowed it, finding that the proposed changes were clarificatory, narrowing the scope, and supported by the original complete specification.
Ganesh Grains Ltd. v.Dharmendra Kumar Gupta & Anr.
The Delhi High Court allowed a rectification petition filed by Ganesh Grains Ltd., leading to the removal of the 'GANESH HARA MATAR' trademark registered by Dharmendra Kumar Gupta & Anr. The court found that the impugned mark was deceptively similar to the Petitioner’s long-standing and well-established 'GANESH' brand, which has been in use since 1936. Furthermore, the Respondent failed to provide evidence of actual user of the mark, leading the Court to cancel the registration under Section 47(1)(b) of the Trade Marks Act.
Mankind Pharma Limited v.Pranjali Swapnil Pimprikar Trading As A2 Lifesciences & Anr.
Mankind Pharma Limited and Pranjali Swapnil Pimprikar Trading As A2 Lifesciences reached a full settlement regarding trademark disputes concerning the 'ALL OK+' product. The defendant acknowledged Mankind's exclusive rights to its trade dress and agreed not to use any confusingly similar marks. In exchange, the plaintiff dropped claims for damages, allowing the defendant to continue using the mark provided the trade dress was distinct.
Prakash Pipes Limited v.Jai Ambay Industries And Anr.
The Delhi High Court allowed a rectification petition filed by Prakash Pipes Limited against Jai Ambay Industries. The court found that the respondent's registration of the mark 'KIRANPARKASH' was obtained fraudulently and dishonestly, as it was confusingly similar to the petitioner's established mark 'PRAKASH'. Furthermore, the court noted discrepancies in the respondent's claimed turnover versus its micro-enterprise status. Consequently, the Court directed the Trade Mark Registry to remove the impugned trademark from the register.
M/S ILU A SOLE PROPRIETORSHIP CONCERN OF MRS VIDUSHI CHAWLA v.ASIAN HOBBY CRAFTS LLP AND ANR
The Delhi High Court allowed a rectification petition filed by M/S ILU against Asian Hobby Crafts LLP, successfully challenging the validity of the 'DREAMCATCHER' trademark. The court ruled that since 'DREAMCATCHER' is a generic and descriptive term for a specific type of decorative product, its registration violated Section 9(1) of the Trade Marks Act, 1999. This decision reinforces the principle that no party can claim an exclusive monopoly over common or descriptive terms defining a product.
Comviva Technologies Limited v.Assistant Controller Of Patents & Design
Comviva Technologies Limited appealed the Assistant Controller's decision to refuse grant for its patent application concerning methods and devices for authenticating electronic payment cards using an electronic token. The Controller had rejected the application, citing that the claims fell under Section 3(k) as being a 'business method' or 'computer programme per se'. However, the Delhi High Court overturned this refusal, holding that the invention addresses a technical problem—enhancing security in contactless payments—rather than merely automating a business process. The court affirmed that the technical contribution makes the subject matter patentable.
Havells India Ltd v.Mohit Talwar & Ors.
Havells India Ltd filed a suit against Mohit Talwar & Ors. concerning alleged infringement of its registered designs and trademark on Distribution Boards. The current order addresses an application seeking modification of the interim injunction, which required the Commissioner of Customs to stop the export of infringing products. To facilitate compliance with this suspension order, the court directed the defendants (No. 1, 2, and 3) to provide their Importer Exporter Code (IEC) details to enable effective enforcement.
M/S. Goldmedal Electricals Pvt. Ltd. v.Chetan Singh Rajpurohit Trading As Kaveri Electricals & Ors.
The Delhi High Court granted an interim injunction in favor of M/S. Goldmedal Electricals Pvt. Ltd., finding a prima facie case of infringement against Chetan Singh Rajpurohit Trading As Kaveri Electricals & Ors. The court recognized that the defendants' use of deceptively similar marks was likely to cause market confusion and irreparable injury to the plaintiff, who holds registered trademarks and copyrights in 'GOLDMEDAL'. This order temporarily halts the defendants from manufacturing or selling goods bearing infringing labels until the final hearing.
Tecniqua India Private Limited v.Abdullah Proprietor Of Azam And Company & Anr.
The Delhi High Court addressed an application filed by Tecniqua India Private Limited seeking permission to introduce additional legal proceedings certificates related to registered trademark applications of both parties. The court granted the request, subject to issuing proper notice to Respondent No. 1, setting a return date for January 15, 2025. This order indicates ongoing procedural steps in the trademark dispute.
City Glass And Glazing Pvt Ltd v.Ozone Overseas Pvt Ltd
The suit was filed seeking permanent injunction against infringement of a registered patent for a self-locking glazing system. The present application sought permission to take on record additional invoices and bank statements, which were needed to respond to objections raised by the defendant regarding discrepancies in earlier filings. The court allowed the plaintiff's application under Order XI Rule 1(c)(ii) CPC.
UNILIN BEHEER B.V. v.BALAJI ACTION BUILDWELL
The plaintiff filed a suit seeking a permanent injunction against the defendant for infringing its registered patent related to flooring technology. The case involves the plaintiff's licensing program and the confidentiality of third-party license agreements.
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