Bench:Bharati Dangre
15 IP cases indexed. Covers trademark, patent matters.
Cases Presided Over
15 cases indexed | Page 1 of 1
Anil Shah Trading As Le Shark India v.Le Shark Apparel Limited
The Bombay High Court overruled a preliminary objection and allowed an appeal against an order directing the removal of a trademark from the register. The appellant, Anil Shah Trading As Le Shark India, had challenged the order passed by a single judge in a commercial miscellaneous petition filed by Le Shark Apparel Limited. The court held that the appeal was maintainable under Section 13 of the Commercial Courts Act, 2015.
Sun Pharmaceutical Industries Limited v.Meghmani Lifesciences Limited
Sun Pharmaceutical Industries Limited filed a commercial suit against Meghmani Lifesciences Limited for infringement of its registered trademark 'RACIRAFT'. The court found that the defendant's mark 'ESIRAFT' was deceptively similar to the plaintiff's mark and granted an injunction. The court applied the test of phonetic similarity and first impression to determine the likelihood of confusion. The decision highlights the importance of protecting intellectual property rights in the pharmaceutical industry.
Laser Shaving India Private Limited v.Rkrm International Products Private Limited
The Bombay High Court dismissed the Commercial Appeal filed by Laser Shaving India Private Limited against Rkrm International Products Private Limited, upholding the lower court's order refusing a temporary injunction. The court found that the plaintiff had suppressed relevant material and was estopped from seeking relief due to its previous stand before the Registrar of Trade Marks. The defendant had commenced selling impugned products after the plaintiff's representation to Galactic, and the court concluded that the elements of estoppel were satisfied.
Vishal Prafulsingh Solanke v.Controller of Patent and Designs
Vishal Prafulsingh Solanke challenged the refusal of his patent application (No. 879/MUM/2015) by the Assistant Controller of Patent and Designs, which was upheld in a prior appeal. The present Commercial Appeal sought to challenge this order further under Section 13 of the CCA, but the Court found that the statutory provisions did not permit such an appeal.
Trutech Machinery v.Controller of Patents & Anr.
Trutech Machinery challenged the Assistant Controller's order allowing a patent application for an improved round corner cutting machine. The Petitioner raised objections under Section 25, including anticipation and lack of inventive step. The Court found no legal error in the summary inquiry conducted by the Controller and directed the Petitioner to seek revocation under Section 64.
Abdul Rahim Khalilur Rehman v.Abdul Karim Khalilur Rehman
The Bombay High Court addressed two Commercial Arbitration Petitions concerning a dispute over the dissolved partnership firm's assets, specifically the 'Moulvi' trademark. The core issue was whether third parties (Respondent Nos. 3 and 4) could be bound by the ongoing arbitration proceedings against Respondent No. 1. The court ruled that instead of granting immediate relief, it converted the petitions into Section 17 applications, directing the Petitioner to raise the 'alter ego' doctrine before the Arbitral Tribunal itself. This allows the tribunal, guided by Supreme Court precedent, to determine if the third parties are bound by the existing arbitration agreement.
Mastery Logistics Systems, Inc. v.The Senior Examiner of Trade Marks, Mumbai
The Bombay High Court addressed a petition seeking to quash an earlier trademark registration granted by the Senior Examiner. The Petitioner argued that their submissions regarding opposition were ignored in the original decision. Recognizing the need for a thorough review, the court set aside the impugned order and remanded the matter back to the Trademark Authority for fresh consideration, ensuring both parties' contentions are taken into account.
Hindustan Unilever Limited v.Ishfaq Chemical Industries & Anr.
Hindustan Unilever Limited filed a suit against Ishfaq Chemical Industries for infringement of its trademarks and copyrights, including passing off. The parties reached a settlement agreement on March 28, 2024.
Hindustan Unilever Limited v.Fabs Industries
Hindustan Unilever Limited filed a suit against Fabs Industries for infringement of its trademarks ('SURF/SURF EXCEL', Splat logo) and copyrighted trade dress. The parties reached a settlement, which was formalized through Consent Minutes of Order.
Hindustan Unilever Ltd v.Azizur Rahaman And 4 Ors
The Bombay High Court allowed Hindustan Unilever Ltd's petition to combine its claims for passing off with those for trademark and copyright infringement. This strategic move aims to streamline litigation by consolidating multiple causes of action into a single proceeding. Consequently, the court expanded the existing ad-interim injunction, reinforcing the restraint on defendants from manufacturing or trading goods that deceptively resemble HUL's distinctive brands like Lakme and its associated artistic works.
Hindustan Unilever Limited v.Balaji Soap Factory
Hindustan Unilever Limited filed a Commercial IP Suit against Balaji Soap Factory regarding the infringement of its artistic work, specifically the VIM label. The parties reached a settlement agreement before the court on February 1, 2024.
Vidli Restaurants Limited v.Alok Sovind Chandewar
Vidli Restaurants Limited filed a Commercial Arbitration Application seeking dispute resolution related to its Franchise Agreement with Alok Sovind Chandewar. The core of the dispute involved Vidli alleging that the Respondent was using a deceptively similar mark, constituting trademark infringement post-termination of the agreement. However, the Bombay High Court dismissed the application, ruling that since Vidli was merely a licensee and not the owner of the trademarks, it lacked the legal standing to initiate arbitration over the alleged infringement.
John Cockerill India Limited v.Sanjay Kamalakar Navare
John Cockerill India Limited filed a Commercial Arbitration Petition seeking urgent ex-parte relief against its former employee, Sanjay Kamalakar Navare. The Petitioner alleged that Mr. Navare, who had access to highly confidential designs, proprietary technical know-how, and customer data during his tenure, transferred sensitive information onto external storage devices before leaving the company. Based on a forensic analysis of the company laptop, the court recognized the gravity of the breach. Consequently, the Bombay High Court appointed a Receiver with powers under Order XL Rule 1 CPC to seize and examine all digital devices belonging to the Respondent to secure the evidence.
Lakme Lever Private Limited v.Shyama Mai Enterprises And Anr.
This Bombay High Court judgment addresses a commercial arbitration application concerning the alleged misuse of the LAKME trademark. The court reviewed an affidavit from one respondent, who stated she was operating a salon under a different name ('8 to 8 Salon') and was not using the LAKME brand after her husband's death and the expiry of the franchise agreement. Given these new facts, the Court directed both parties to confer and provide instructions on whether the applicant still wishes to proceed with invoking Section 11 (likely related to trademark rights) and if the respondent is willing to remit past franchise fees.
Procter and Gamble Health Limited v.Horizon Bioceuticals Pvt Ltd
The Bombay High Court disposed of a commercial appeal and interim application related to trademark infringement and passing off. The court accepted the defendant's statement that they are not using the offending mark and have no intention to do so. The court clarified that the observations made in the earlier order shall not act as a precedent. The case involved the trademarks LIVOGEN and LIVOGEN-Z, and the defendant's mark LIVOGEM. The court's decision highlights the importance of establishing misrepresentation and damage to goodwill in passing off cases.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.