Bench:Amit Bansal
330 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
330 cases indexed | Page 7 of 11
Vifor (International) Ltd. v.Eris Lifesciences Limited
The plaintiffs sought interim directions based on a prior Division Bench order. The court noted that a Coordinate Bench had dismissed the plaintiffs' interim injunction applications concerning patent IN 221536. Consequently, the status quo orders previously passed were vacated, subject to conditions preventing defendants from following the patented process.
Vifor (International) Ltd. v.Eris Lifesciences Limited
The court addressed several interim applications filed by Vifor (International) Ltd. in various suits, primarily concerning the patent IN 221536 related to Water Soluble Iron Carbohydrate Complex. Following a prior judgment by a Coordinate Bench dismissing plaintiffs' interim injunction applications, the status quo orders were vacated, subject to conditions preventing defendants from following the patented process.
Vifor (International) Ltd. v.Eris Lifesciences Limited
This order addresses various applications seeking interim directions in multiple commercial suits related to Patent IN 221536. The court noted that a Coordinate Bench had dismissed the plaintiffs' interim injunction applications, leading to the vacation of previous status quo orders. The court declined to grant an immediate direction for deposit of entire sales amount but directed defendants to maintain and file complete accounts of sales.
Vifor (International) Ltd. v.Eris Lifesciences Limited
This order addresses various applications seeking interim directions in suits related to the patent IN 221536. The court vacated previous status quo orders following a Coordinate Bench's dismissal of injunction applications, but imposed conditions that defendants must not follow the patented process and must maintain complete sales accounts.
Vifor (International) Ltd. v.Eris Lifesciences Limited
The court addressed several interim applications filed by Vifor (International) Ltd. in various suits, including CS(COMM) 505/2022. Following a prior judgment by a Coordinate Bench dismissing the plaintiffs' interim injunction applications, the status quo orders were vacated, subject to conditions preventing defendants from following the patented process IN 221536.
Hero Motocorp Limited v.Shree Amba Industries
Hero Motocorp Limited filed a suit seeking permanent injunction against Shree Amba Industries, alleging that the latter was infringing Hero's registered design (No. 271199) of a motorcycle front fender used on the HERO HF DELUXE model. The plaintiff claimed the defendant's product was a copy and constituted piracy. However, while examining the prima facie case for an interim injunction, the court found that the balance of convenience favored the defendant, noting that consumers could make informed choices between OEM and third-party parts. Consequently, the application for interim injunction was dismissed.
Tv 18 Broadcast Limited v.Bennett, Coleman And Company Limited
The Delhi High Court dismissed the plaintiff's application for an interim injunction concerning trademark infringement. The dispute centered on the similarity between the marks "Bhaiyaji Kahin" and "Bhaiya Ji Superhit," used by two major media houses. The court found that, prima facie, there was no likelihood of confusion due to differences in show format (news debate vs. scripted infotainment) and the distinct channels on which they aired. Furthermore, the court held that the acquired distinctiveness of the plaintiff's mark could not be determined at this interlocutory stage.
Agfa Nv & Anr. v.The Assistant Controller Of Patents And Designs & Anr.
Agfa Nv appealed a decision by the Assistant Controller of Patents and Designs that refused grant for its patent application concerning 'MANUFACTURING OF DECORATIVE LAMINATES BY INKJET'. The refusal was based on objections regarding lack of clarity, succinctness, and inventive step. The Delhi High Court examined these grounds, particularly focusing on whether vague terms like 'thermosetting resin' were adequately defined in the complete specification. Ultimately, the court set aside the impugned order, directing the Patent Office to proceed with granting the patent.
Hindware Limited v.Anil Kumar & Ors.
In a significant development concerning trademark infringement, Hindware Limited successfully negotiated an amicable settlement with Defendant No. 1. The plaintiff agreed to drop its claim for damages provided that the defendant withdraws his pending trademark application and commits not to use the disputed mark 'HINDWARE' on his goods. This order marks a pragmatic resolution in the ongoing dispute.
Microsoft Corporation v.Assistant Controller Of Patants And Designs
Microsoft Corporation filed an application seeking discharge of its advocates. It was stated that Microsoft had assigned the subject Patent Application no. 84/DEL/2005 to Zhigu Holdings Limited in 2017, and since the matter transferred from IPAB, there has been no communication with the assignee.
Conqueror Innovations Private Limited v.Xiaomi Technology India Private Limited
The plaintiffs filed a commercial suit alleging infringement based on their patent. The court addressed several interlocutory applications, granting exemptions for mediation and allowing parties time to file necessary pleadings and documents.
Relaxo Footwears Limited v.Om Shiv Footwear Through Its Owner Partner Proprietor Mr. Sushil Bansal
The Delhi High Court granted an ex parte ad interim injunction in favor of Relaxo Footwears Limited against Om Shiv Footwear. The suit alleged infringement of a registered design (Design No. 365606-001) for its 'BAHAMAS' footwear, along with passing off and imitation of the unique trade dress and packaging. The court found that a prima facie case was made out, noting striking similarities in both the product design and the distinctive packaging between the parties. This interim order immediately restrained the defendant from further dealing in the infringing products.
Bigmuscles Nutrition Pvt Ltd v.Avijit Roy & Ors.
Bigmuscles Nutrition Pvt Ltd successfully secured an ad interim injunction against social media influencers (Defendants 1-3) who were allegedly spreading false and defamatory claims about its '100% Performance Whey' product. The court found that the defendants' videos, which claimed the supplement was unsafe and amino spiked, constituted deliberate defamation and tarnishment of goodwill. Consequently, the court ordered the immediate takedown of specific impugned content across various social media platforms to prevent irreparable harm to the plaintiff’s reputation and sales.
Mex Switchgears Pvt. Ltd. v.The Registrar Of Trademark & Anr.
The Delhi High Court addressed several applications in the case of Mex Switchgears Pvt. Ltd vs The Registrar Of Trademark & Anr. While granting exemption and condoning a delay of 21 days, the court proceeded with the main petition (W.P.(C)-IPD 25/2023). Notice was issued to all respondents, setting a timeline for them to file their counter-affidavit within four weeks, indicating that substantive litigation on the matter is moving forward.
Arjan Impex Pvt Ltd v.Ashish Padia & Anr.
Arjan Impex Pvt Ltd filed a rectification petition seeking the revocation of Patent No. 418294, titled "BONDED FUSION BOWL," registered in the name of Respondent No. 1. The court issued interim orders addressing procedural matters and restraining both parties from engaging in conduct that hinders each other's business during the pendency of the proceedings.
Eureka Forbes Limited (Formerly Forbes Enviro Solutions Limited) v.Mr. Vinod K. And Anr.
The Delhi High Court granted a permanent injunction in favor of Eureka Forbes Limited against Defendant No. 1 for infringing its trademarks ('AQUAGUARD', 'PAANI KA DOCTOR') and copyrights related to water purification systems and spares. The court also awarded damages and costs of Rs. 3,00,000/- to the plaintiff. This judgment underscores that a defendant who evades court proceedings by non-appearance can be held liable for damages, preventing them from benefiting from their evasion.
Eureka Forbes Limited (Formerly Forbes Enviro Solutions Limited) v.Santosh Nath And Ors.
The Delhi High Court issued a significant interim order in the trademark infringement suit filed by Eureka Forbes against Santosh Nath and others. The court granted several procedural exemptions to the plaintiff, including exemption from advance service and pre-institution mediation, allowing the case to proceed urgently. Crucially, the court authorized the appointment of Local Commissioners to visit the defendants' premises to prepare inventories and seize stocks bearing the impugned marks, signaling a strong judicial intent to protect the plaintiff's intellectual property rights.
Sun Pharmaceutical Industries Ltd. v.Vensat Bio & Ors.
In a significant ruling, the Delhi High Court allowed an application to set aside an ex parte judgment against Defendant No. 3 (Vensat Bio & Ors.) due to sufficient cause of absence. Simultaneously, the court recognized the strong prima facie case presented by Sun Pharmaceutical Industries Ltd., granting an interim injunction restraining the defendant from using deceptively similar marks like ORISON/SPORTEK in relation to pharmaceutical products. This dual outcome highlights the procedural complexities alongside the substantive strength of trademark infringement claims.
Eureka Forbes Limited (Formerly Forbes Enviro Solutions Limited) v.Pramod Jain And Ors.
The Delhi High Court issued several interim orders in the trademark and copyright infringement suit filed by Eureka Forbes Limited against Pramod Jain and others. The court granted the plaintiff exemptions regarding advance service to defendants and pre-institution mediation, recognizing the urgency of the matter. Crucially, the court appointed Local Commissioners to visit the premises of the defendants for inventorying and seizing counterfeit spares bearing the plaintiff's registered trademarks and copyrighted get-ups.
Infiniti Retail Limited v.M/S Croma Through Its Proprietor & Ors.
The Delhi High Court ruled in favor of Infiniti Retail Limited, granting a permanent injunction against trademark infringement and ordering the transfer of the domain name www.croma.in. The court found that the plaintiff's mark 'CROMA,' which is registered and declared well-known, was being illegally used by a third party who was profiting from its reputation through website squatting. This judgment reinforces the strong legal protection afforded to established, well-known trademarks in the digital space.
Rachna Sagar Pvt Ltd v.Sovereign Mercantile Pvt Ltd & Ors.
The Delhi High Court confirmed an existing interim injunction in favor of Rachna Sagar Pvt Ltd against Sovereign Mercantile Pvt Ltd and others. The court found that the Defendants' use of a deceptively similar mark, 'RACHNA SAGAR,' amounted to prima facie passing off. Given the Plaintiff's extensive market presence, prior usage since 1996, and substantial revenue in the publishing sector, the court ruled that allowing the defendants to continue using the mark would inevitably cause consumer confusion and loss to the Plaintiff.
Wrangler Apparel Corporation v.H.S. Kishori Lal & Ors.
The Delhi High Court addressed a request to stay a trademark infringement suit while separate rectification petitions questioning the validity of the trademarks were pending. Citing recent legal precedents, particularly following the Tribunals Reforms Act, 2021, the court ruled that there is no need to stay the civil suit. Instead, it ordered the consolidation of the main suit and all related rectification petitions to be tried together before the High Court.
Wrangler Apparel Corporation v.H.S. Kishori Lal & Ors.
The Delhi High Court addressed a request to stay a trademark infringement suit while separate rectification petitions questioning the validity of the trademarks were pending. Citing recent legal precedents, particularly following the Tribunals Reforms Act, 2021, the court ruled that there is no need to stay the civil suit. Instead, it ordered the consolidation of the main suit and all related rectification petitions to be tried together before the High Court.
Wrangler Apparel Corporation v.H.S. Kishori Lal & Ors.
The Delhi High Court addressed a request to stay a trademark infringement suit while separate rectification petitions questioning the validity of the trademarks were pending. Citing recent legal precedents, particularly following the Tribunals Reforms Act, 2021, the court ruled that there is no need to stay the civil suit. Instead, it ordered the consolidation of the main suit and all related rectification petitions to be tried together before the High Court.
Wrangler Apparel Corporation v.H.S. Kishori Lal & Ors.
The Delhi High Court addressed a request to stay a trademark infringement suit while separate rectification petitions questioning the validity of the trademarks were pending. Citing recent legal precedents, particularly following the Tribunals Reforms Act, 2021, the court ruled that there is no need to stay the civil suit. Instead, it ordered the consolidation of the main suit and all related rectification petitions to be tried together before the High Court.
Wrangler Apparel Corporation v.H.S. Kishori Lal & Ors.
The Delhi High Court addressed a request to stay a trademark infringement suit while separate rectification petitions questioning the validity of the trademarks were pending. Citing recent legal precedents, particularly following the Tribunals Reforms Act, 2021, the court ruled that there is no need to stay the civil suit. Instead, it ordered the consolidation of the main suit and all related rectification petitions to be tried together before the High Court.
Datt Mediproducts Pvt Ltd v.Siddharth Mandal And Anr
The Delhi High Court ruled in favor of Datt Mediproducts Pvt Ltd regarding a petition seeking cancellation of a trademark registration. The court observed that the subject mark's registration had expired on March 5, 2022, and the mandatory renewal period, including the grace period, had lapsed without action by the respondent. Consequently, the court directed the concerned party to remove the non-renewed mark from the Register of Trade Marks.
Tata Sia Airlines Limited v.Vistara Media Private Limited
In a matter concerning trademark disputes, the Delhi High Court issued an order on April 2, 2024. The court addressed the Plaintiff's concerns regarding ongoing trademark filings by the Defendant through 'VISTARA PRAKASHANA LLP'. Upon receiving notice, the Defendant stated its intention to dissolve the LLP and withdraw all related trademark applications. Consequently, the court determined that no immediate directions were necessary for the Plaintiff at this juncture.
Sony Group Corporation v.Assistant Controller Of Patents And Designs
Sony Group Corporation appealed the Assistant Controller's order rejecting its patent application (4334/DELNP/2013) on the grounds that subsequent amendments were beyond the scope of as filed claims. The Controller rejected the application because the amended claims corresponded to an EP divisional application rather than the main European Patent application. The High Court set aside this rejection, finding that the amendments merely limited the scope and were supported by the specification.
Bennett Coleman And Companylimited v.E Entertainment Television Llc And Anr
The Delhi High Court addressed applications seeking condonation of delay in filing rejoinders in trademark cancellation proceedings. The court allowed the delays, allowing the petitioner to file their responses. Furthermore, the court framed specific issues regarding the potential cancellation of two distinct trademarks (No. 2340887 and No. 1252812) and set a clear schedule for the parties to proceed with evidence and trial.
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