Bench:Amit Bansal
265 IP cases indexed. Covers trademark, patent matters.
Cases Presided Over
265 cases indexed | Page 7 of 9
Arvind Medicare Pvt Ltd. v.Registrar Trade Marks
The Delhi High Court allowed the appeal filed by Arvind Medicare Pvt Ltd. against the Trade Marks Registry's refusal of its device mark registration for medical services (Class 44). The court found that despite objections based on similarity to an earlier mark, the appellant had established significant goodwill and continuous use since 2012. Consequently, the application was directed to proceed to advertisement, allowing the matter to be decided on its merits against any potential opposition.
Dr.Reddy S Laboratories Ltd v.Ancalima Lifesciences Limited And Ors
The Delhi High Court addressed an application seeking to frame additional issues and consolidate a related trademark rectification petition into the ongoing passing off suit. The court noted that since the challenge to the defendant's trademark validity was already pending in a separate rectification case, there was no need to frame new issues in the current suit. Consequently, the court ordered the consolidation of the rectification petition with the present suit to ensure unified trial proceedings before the Joint Registrar.
Vifor (International) Ltd v.J.B. Chemicals And Pharmaceuticals Limited
Plaintiffs filed suits seeking permanent injunction against defendants for infringing Indian Patent No. 221536, which covers the drug FERRIC CARBOXYMALTOSE. The dispute arose after plaintiffs discovered marketing material for generic versions launched by the defendants under names 'JBCARB' and 'CipFCM'.
Vifor (International) Ltd & Anr. v.Cipla Limited
Vifor filed suits seeking permanent injunction against Cipla and J.B. Chemicals for allegedly infringing Indian Patent No. 221536, which covers the water-soluble iron carbohydrate complex (FERRIC CARBOXYMALTOSE). The dispute arose after plaintiffs discovered marketing material for generic versions of their patented drug. The court considered arguments regarding the patent's nature and previous injunction orders before deciding on the continuation of status quo.
Rosemount Inc v.Deputy Controller Of Patents And Designs
Rosemount Inc appealed a rejection order passed by the Controller of Patents regarding its application for a 'Process Device with Density Measurement.' The Controller had rejected the patent citing lack of inventive steps based on prior art. However, the Delhi High Court found that the Controller's impugned order was cryptic and failed to provide adequate reasoning or analyze the three essential elements required to determine inventive step. Consequently, the High Court set aside the rejection and remanded the matter back to the Patent Office for fresh consideration with a mandate for a reasoned decision.
Vexim v.The Controller Of Patents
Vexim appealed the rejection of its Indian Patent application, 'Methods and Apparatuses for Bone Restoration,' which was initially denied due to lack of inventive step. The core issue before the Delhi High Court was whether the Patent Office had provided adequate reasoning for this refusal. The court found that the impugned order was cryptic, failing to analyze existing knowledge against the subject invention as required by law. Consequently, the rejection was set aside and the matter was remanded back to the Patent Office for a fresh, reasoned consideration.
Grupo Petrotemex S.A. De C.V. v.Controller Of Patents
The appellant challenged the Patent Office's order rejecting its patent application (No. 965/DELNP/2006). The rejection was based on a lack of inventive step, even though the initial objection raised by the Patent Office related only to novelty. The High Court found that the impugned order went beyond the scope of the original objection and allowed the appeal.
Sugen, Inc. v.Mr. K Vijaya Prakash
Sugen, Inc. filed applications alleging that Mr. K Vijaya Prakash and associated defendants willfully violated an injunction order passed by the Delhi High Court in 2016. The original suit concerned the infringement of three patents covering the drug Crizotinib (marketed as Xalkori®). Plaintiffs presented evidence, including photographs and investigator reports, suggesting the manufacturing and sale of the generic product 'CRIZO SPL™' after the injunction was issued. The court found that Defendant No. 1 had control over the infringing entities, leading to a finding of wilful contempt against him.
Sunshine Velvet Private Limited v.Ramesh Kumar Jeevraj Luniya & Ors.
In this trademark infringement suit, the Delhi High Court issued procedural orders while addressing an interim application. The court noted that Defendant No. 3 was yet to be served and directed fresh service. Crucially, regarding the core dispute, the court confirmed the existing interim order concerning Defendants 1 and 2, despite their claim of changing the firm's name from 'SAANCHI VELVET FABRICS' to 'SAMIKSHA VELVET FABRICS'. The matter is set for further pleading completion.
Ankit Aggarwal Proprietor Of M/S Vepson Engineers v.Gupta Casting Pvt. Ltd.
The Delhi High Court allowed petitions filed by Ankit Aggarwal to cancel two trademark registrations held by Gupta Casting Pvt. Ltd. The court found that the respondent's marks were confusingly similar to the petitioner's prior and well-established mark, 'JAI KISAN,' used since 1985 in agricultural implements. Furthermore, the respondent failed to demonstrate genuine use of their registered marks for a continuous period of five years, leading the court to remove them from the Register under Section 47 of the Trade Mark Act.
Virendra Kumar Gupta v.Burger King Corporation
The Madras High Court dismissed a rectification petition filed by Virendra Kumar Gupta against Burger King Corporation. The petitioner sought to cancel or impose a disclaimer on the 'Burger' and 'King' marks registered under No. 927122. The court relied on prior judgments, including one from the Delhi High Court and the Supreme Court ruling in Patel Field Marshal Agencies vs P.M. Diesels Ltd., concluding that the petition was not maintainable.
Inter Ikea Systems Bv v.Devashish Rattan And Ors
Inter Ikea Systems Bv successfully secured an ex parte ad interim injunction against Devashish Rattan and others in the Delhi High Court. The plaintiff alleged that the defendants were slavishly copying over 2300 product listings, including proprietary names, images, and descriptions from the IKEA website, falsely claiming association with the brand. The court found a prima facie case was made out, granting immediate relief to prevent irreparable harm to the internationally renowned 'IKEA' trademark and trade dress.
Blackberry Limited v.Assistant Controller Of Patents And Designs Patent Office
Blackberry Limited appealed a refusal order issued by the Assistant Controller of Patents which held that its method claims were not patentable because they consisted of executable software instructions. The High Court set aside this refusal, citing judicial precedents, and remanded the application for fresh consideration.
Dongguan Huali Industries Co. Ltd. v.Anand Aggarwal And Ors.
In a significant step toward addressing alleged infringement, the Delhi High Court allowed the plaintiff, Dongguan Huali Industries Co. Ltd., to appoint local commissioners against the defendants. The court directed two advocates to visit the defendant's premises in Delhi and Siliguri to conduct an inventory of goods bearing the trademark 'HUALI' or possessing a similar trade dress. This order provides the plaintiff with crucial evidence gathering power, allowing them to proceed with their claim regarding trademark and trade dress infringement.
Mankind Pharma Limited v.Arvind Kumar Trading And Anr.
The Delhi High Court allowed Mankind Pharma Limited's petition seeking the removal of the trademark 'NIKIND'. The court found that 'NIKIND' was confusingly similar to the petitioner's established family of marks, including 'NIMEKIND', and that its registration should be cancelled under Section 57 of the Trademarks Act. Furthermore, the judgment noted a lack of bonafide use and continuous non-use of the impugned mark for five years, leading to its removal under Section 47.
Charanjiv Kumar Taneja Trading As Chirag Enterprises v.The Registrar Of Trade Marks
The Delhi High Court dismissed a writ petition filed by Charanjiv Kumar Taneja Trading As Chirag Enterprises, which sought to restore a lapsed trademark registration. The petitioner had failed to renew their 'TIGER' mark after 2006 and only attempted renewal in 2022, sixteen years later. The court held that the petitioner could not take advantage of such undue delay, especially since the RTI response confirmed an O3 notice was generated in 2006 but remained untraceable.
Arena Pharmaceuticals, Inc. v.The Assistant Controller Of Patents And Designs
Arena Pharmaceuticals filed an appeal against the Assistant Controller's order rejecting its patent application. The appellant argued that certain grounds for rejection were not addressed during the hearing notice and pointed out inconsistencies within the rejection order.
Jagran Prakashan Ltd v.Jagran Production Ltd & Anr
The Delhi High Court addressed multiple connected suits involving Jagran Prakashan Ltd against various related entities concerning the use of the 'JAGRAN' trademark. The court noted significant changes, including a company name change and another entity being under liquidation. Given the lack of compliance with previous orders regarding business operations, the court granted an extended deadline for defendants to file affidavits detailing their current business activities. Furthermore, the parties were directed to explore mediation as a potential resolution pathway.
Akzo Nobel Coatings International B.V. v.Ambience Limited And Anr
The Delhi High Court addressed a trademark dispute concerning the identical mark 'AMBIANCE'. After considering arguments regarding co-existence under Section 12 of the Trade Marks Act, 1999, the court ruled in favor of Akzo Nobel Coatings International B.V. The judgment directs the Registry not to consider Ambience Limited's existing application for 'AMBIANCE' in Class 02 when evaluating the petitioner's applications, thereby allowing both parties to use the mark concurrently on the register.
Puma Se v.Naveen Sikka And Anr
The Delhi High Court allowed Puma Se's petition to cancel a specific trademark registered by Naveen Sikka and Anr. The judgment followed a settlement agreement reached between the parties, which was found to be lawful. Consequently, the court ordered the removal of the impugned mark from the Register of Trade Marks in Class 9.
Boehringer Ingelheim Pharma Gmbh & Co. v.Vee Excel Drugs And Pharmaceuticals Private Ltd.
Boehringer Ingelheim Pharma filed multiple suits seeking permanent injunction against generic drug manufacturers, including Vee Excel Drugs, alleging infringement of Indian Patent No. IN 243301 related to Linagliptin compounds. The Delhi High Court examined the applications for interim injunction across all connected matters. The court found that the patent was vulnerable to revocation due to prior claiming and noted attempts at evergreening by the patentees. Consequently, the plaintiffs failed to establish a prima facie case, leading to the dismissal of all interim injunction applications.
Boehringer Ingelheim Pharma Gmbh & Co. v.Vee Excel Drugs And Pharmaceuticals Private Ltd.
This judgment addresses multiple suits filed by Boehringer Ingelheim Pharma against various Indian pharmaceutical companies, seeking permanent injunctions against infringing Patent No. IN 243301 related to Linagliptin tablets. The Delhi High Court examined the prima facie case and found that the patent was vulnerable to revocation due to prior claiming and attempts at evergreening by the plaintiffs. Consequently, the court dismissed all applications for interim injunction, allowing defendants to manufacture and sell products containing Linagliptin as the active pharmaceutical ingredient.
Boehringer Ingelheim Pharma Gmbh And Co. Kg & Anr. v.Alkem Laboratories Ltd & Anr., Vee Excel Drugs and Pharmaceuticals Private Ltd. & Ors., Micro Labs Limited, Natco Pharma Limited & Anr., Mankind Pharma Limited
This judgment addresses multiple suits filed by Boehringer Ingelheim Pharma against various Indian pharmaceutical companies seeking permanent injunctions for infringing Patent No. IN 243301, which covers Linagliptin compounds. The Delhi High Court found that the plaintiffs failed to establish a prima facie case for granting interim relief. Furthermore, the court expressed concern regarding the patent's vulnerability due to prior claiming and alleged attempts at 'evergreening.' Consequently, all applications for injunction were dismissed, allowing defendants to continue manufacturing and selling products containing Linagliptin.
Boehringer Ingelheim Pharma Gmbh And Co. Kg & Anr. v.Vee Excel Drugs and Pharmaceuticals Private Ltd. & Ors., Alkem Laboratories Ltd & Anr., Micro Labs Limited, Natco Pharma Limited & Anr., Mankind Pharma Limited
Boehringer Ingelheim Pharma sought permanent injunctions against various Indian pharmaceutical companies, alleging infringement of Patent No. IN 243301 related to Linagliptin tablets. The Delhi High Court examined the applications for interim injunction across multiple connected suits. The court found that the plaintiffs failed to establish a prima facie case, noting concerns about potential patent vulnerability due to prior claiming and attempts at evergreening. Consequently, all interim injunction applications were dismissed, allowing defendants to continue manufacturing and selling the products.
Boehringer Ingelheim Pharma Gmbh And Co. Kg & Anr. v.Mankind Pharma Limited
Boehringer Ingelheim Pharma filed multiple suits seeking permanent injunction against Indian pharmaceutical companies for allegedly infringing Patent No. IN 243301, which covers Linagliptin compounds. The Delhi High Court examined the applications for interim injunction across all connected matters. The court found that the suit patent was vulnerable to revocation due to prior claiming and noted attempts by the plaintiffs towards 'evergreening.' Consequently, the court dismissed all applications for interim injunction, allowing defendants to manufacture and sell products containing Linagliptin.
Boehringer Ingelheim Pharma Gmbh And Co. Kg & Anr. v.Vee Excel Drugs and Pharmaceuticals Private Ltd. & Ors., Alkem Laboratories Ltd & Anr., Micro Labs Limited, Natco Pharma Limited & Anr., Mankind Pharma Limited
This judgment addresses multiple suits filed by Boehringer Ingelheim Pharma seeking permanent injunction against various Indian pharmaceutical companies for infringing Patent No. IN 243301, which covers Linagliptin compounds. The court examined the applications for interim injunction and found that the plaintiffs failed to establish a prima facie case. Furthermore, the judge expressed concerns regarding the patent's vulnerability due to prior claiming and alleged attempts at evergreening by the patentees. Consequently, all interim injunction applications were dismissed, allowing the defendants to continue manufacturing and selling products containing Linagliptin.
Dinesh Kumar Mittal M/S Paras Enterprises v.Pragya Trading Company, Kaserate
In this trademark dispute, the Delhi High Court issued an order directing the removal of the impugned mark from the Trademark Register. The court noted that despite the petitioner's claims, the registration had expired on February 21, 2022, and the statutory one-year period for restoration under Section 25(4) of the Trade Marks Act, 1999, had lapsed without any renewal application being filed. While this order addresses the validity status of the mark, it explicitly leaves all merits of the dispute open for future consideration.
Alternative Gene Expression S L v.The Controller Of Patents
The appellant challenged the Patent Office's order rejecting its patent application, which held that the method of producing recombinant proteins by destruction of pupa was non-patentable under Section 3(b). The High Court found the rejection order to be cryptic and lacking reasoned justification despite detailed submissions from the appellant.
Sun Pharma Laboratories Ltd v.Nuberg Pharmaceuticals Pvt. Ltd.
Sun Pharma and Nuberg Pharmaceuticals reached a full settlement in their commercial IP dispute before the Delhi High Court. The court formally decreed the suit based on the agreed-upon terms, which included significant concessions from both parties. Furthermore, the judgment mandated that Respondent No. 2 remove a specific trademark entry (No. 3797651) from the Register of Trademarks within six weeks.
Alpha Corp Development Private Limited v.Alpha Integrated Management Services Pvt. Ltd.
The Delhi High Court allowed a rectification petition filed by Alpha Corp Development Private Limited against a deceptively similar trademark registered by its former employees' company, Alpha Integrated Management Services Pvt. Ltd. The court found that the impugned mark was identical and confusingly similar to the petitioner's established 'ALPHA' brand in real estate services. Given the respondent's dishonest adoption of the mark to ride on the petitioner's goodwill, the High Court ordered the cancellation of the infringing trademark registration.
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