Bench:C.Hari Shankar
176 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
176 cases indexed | Page 2 of 6
Mex Switchgears Pvt Ltd v.Twinkle Luminaires Pvt Ltd And Anr
The Delhi High Court issued orders in two connected trademark appeal matters, C.A.(COMM.IPD-TM) 140/2021 and C.A.(COMM.IPD-TM) 92/2022. In both cases, the court addressed procedural issues regarding service of documents, specifically the counterstatement filed by the respondents. The appellant argued that they were never properly served with these crucial documents. Consequently, the Court granted time for both parties to place their respective evidence on record and scheduled further hearings in January 2024.
Helsinn Healthcare Sa v.Zydus Healthcare Limited
The plaintiff alleged that the defendant was infringing Indian Patent No. 426553, which covers a combination therapy (Netupitant and Palonosetron) used as an antiemetic for CINV. The court registered the plaint as a suit and directed both parties to file their respective written statements and pleadings.
Emaar Properties Pjsc v.Address Infrastructures Private Limited
Emaar Properties filed a suit against Address Infrastructures Private Limited alleging trademark infringement regarding the use of 'ADDRESS' and 'THE ADDRESS' in real estate projects. The Delhi High Court issued an ad interim order, allowing the Defendant to continue operating its existing projects under the disputed name. However, the court imposed a strict condition: any future expansion or new project using the word 'Address' must first seek explicit leave from the Court, balancing the Plaintiff's transborder reputation claims against the Defendant's established business operations.
Akebia Therapeutics Inc. v.Controller General Of Patents, Design, Trademark And Geographical Indications
Akebia Therapeutics Inc. challenged the procedures followed by the Controller General regarding a post-grant opposition filed against its granted patent (IN 287720) for HIF-1α prolyl hydroxylase inhibitor compounds. The Delhi High Court found that the Opposition Board's recommendations were unsustainable due to procedural irregularities in how evidence was presented and processed. Consequently, the court quashed the previous findings, allowed Akebia to lead additional evidence, and remanded the matter back to the Opposition Board for a fresh decision de novo.
Dr. Reddys Laboratories Limited & Anr. v.The Controller Of Patents & Ors.
The petitioner sought a stay of proceedings in the patent revocation petition (CO (Comm. IPD-PAT) 3/2021) under Section 10 of the CPC, citing a previously instituted suit filed by Respondent 2 (Boehringer Ingelheim International GmbH) before the High Court of Himachal Pradesh. The court analyzed whether a revocation petition and an infringement suit have identical issues and causes of action.
New Balance Athletics Inc. v.Nineplus Shoes Private Limited
In this trademark infringement suit, the Delhi High Court addressed procedural issues arising from a Local Commissioner's report detailing alleged removal of infringing goods. The Court clarified that while the Defendant was found to be using the impugned mark contrary to assurances, it dismissed adverse observations against the defendant's counsel for merely informing industry associations about the lawsuit. Crucially, the Court mandated fresh service and personal appearance by the key representative of the Defendant, ensuring due process before proceeding with coercive measures.
Syngenta Limited v.Controller Of Patents And Designs
Syngenta Limited appealed an order rejecting its divisional patent application (No. 7059/DELNP/2011). The dispute centered on whether the parent application (No. 6114/DELNP/2005) truly disclosed multiple inventive concepts, which is a prerequisite for filing a valid divisional application under Section 16 of the Patents Act, 1970.
Qualcomm Incorporated v.Controller Of Patents And Others
Qualcomm appealed a decision by the Deputy Controller of Patents which rejected their patent application (No. 5159/DELNP/2007) primarily citing Section 3(k) and lack of definitiveness. The High Court found that the rejection order suffered from manifest non-application of mind as it failed to address the appellant's submissions, leading to the setting aside of the impugned order.
Ttk Prestige Ltd. v.Gupta Light House
Ttk Prestige Ltd. filed a suit alleging that Gupta Light House infringed its registered cooker design (Registration No. 197906). The court found the plaintiff's design valid and maintainable, rejecting the defendant's claims regarding lack of novelty or prior publication. However, the court ruled against granting permanent injunction or delivery up of goods because the design had expired on September 13, 2019. Ultimately, the suit was decreed in favor of Ttk Prestige Ltd., directing the defendant to render accounts of earnings and awarding costs.
Livguard Energy Technologies Pvt Ltd. v.Mohammad Akil And Anr
The Delhi High Court disposed of a trademark infringement case following a comprehensive settlement between Livguard Energy Technologies Pvt Ltd. and Mohammad Akil And Anr. The respondent acknowledged the petitioner's exclusive rights in LIVFAST/ and agreed to cease using confusingly similar marks like LEFAST/. Crucially, the court directed the Trade Marks Registry to forthwith cancel two specific registrations (4059607 and 4380874) in favor of the respondent, finalizing the dispute while allowing a grace period for existing stock exhaustion.
Fisher And Paykel Healthcare Limited v.The Controller Of Patents And Designs & Anr.
Fisher And Paykel Healthcare Limited challenged a First Examination Report that deemed its Divisional Application No. 202118034146 defective. The Controller of Patents had issued an order based on Section 59 of the Patents Act, 2000. During the hearing, the respondent acknowledged the error and agreed to set aside the impugned order.
Jindal Industries Pvt Ltd v.Prawesh Agencies Through Its Partners Vikash Singh Ravindra Kumar Singh
The Delhi High Court addressed a trademark infringement suit where the defendant claimed a co-branding arrangement with an affiliate of the plaintiff's group. The court found that the plaintiff failed to disclose this vital co-branding agreement in their plaint, despite being required to attest to full disclosure under the Commercial Courts Act. Consequently, the court noted the breach of procedural rules and directed the plaintiff to place the relevant agreement on record before further proceedings.
Sun Pharma Laboratories Limited v.Avighna Medicare Private Limited & Ors.
This Delhi High Court judgment confirms a comprehensive settlement between Sun Pharma Laboratories Limited (Plaintiff) and Avighna Medicare Private Limited & Ors. (Defendants). The parties resolved their trademark infringement dispute regarding the brands 'DOSELA' and 'ATENTRUE' versus 'DUZELA' and 'ATTENTROL'. Under the agreement, Defendant No. 1 agreed to cease all use of the infringing marks, destroy existing stock within specified timelines, and waive its own pending trademark applications for those names. The suit was subsequently disposed of based on these mutual undertakings.
Inter Ikea Systems Bv v.Br Retail India Private Limited And Anr.
The Delhi High Court granted an interim injunction in favor of Inter Ikea Systems Bv, finding that the defendants were likely infringing on IKEA's registered trademarks. The court ordered the defendant to immediately cease using the deceptively similar 'TIKEA/' mark across all goods and services. Furthermore, the judgment mandated the removal of any infringing material from the website www.tikea.in and directed the defendants to take steps to get such content taken down from third-party websites.
Lt Foods Limited v.Dawat Biryani & Anr.
The Delhi High Court formally decreed the suit between Lt Foods Limited and Dawat Biryani & Anr. based on a comprehensive settlement agreement reached through court mediation. The defendants acknowledged Lt Foods as the proprietor of the well-known 'DAWAT' trademark and committed not to use any deceptively similar marks, such as 'Dawat Biryani,' in a manner that suggests affiliation or causes infringement or passing off. This resolution provides clear legal certainty regarding the protection of the Plaintiff's intellectual property rights.
Huhtamaki Oyj And Anr v.Controller Of Patents
Huhtamaki Oyj appealed a patent application rejection (Application No. 6727/DELNP/2014) based on lack of inventive step. The High Court examined the prior art references and found that the initial rejection was flawed, particularly regarding the procedural aspects. Consequently, the court quashed the impugned order and remanded the application for fresh consideration.
Fybros Electric Private Limited v.Hira Lal Jain Trading As Vikram Cable Industries and Anr.
The Delhi High Court allowed Fybros Electric Private Limited's petition, directing the removal of the rival trademark 'NEBROS' from the trade mark register. The court found that NEBROS was deceptively similar to the petitioner's earlier marks and covered identical goods (wires and cables) in Class 9. Given the likelihood of public confusion, the High Court ruled that the registration of NEBROS should not be upheld.
Modern Doordevices Pvt. Ltd. v.Jai Maa Vaishno Traders Pvt. Ltd. & Anr.
The Delhi High Court issued several orders in the trademark dispute between Modern Doordevices Pvt. Ltd. and Jai Maa Vaishno Traders Pvt. Ltd. The court directed the Registry of Trade Marks to provide the complete record related to the impugned trademark 'INDO GARV' (Registration No. 5361272) for review by the parties. Furthermore, procedural applications regarding document exemptions were disposed of, while notice was issued in the main proceedings.
Ms Lightbook & Anr. v.Mr Pravin Shriram Kadam & Ors.
The Delhi High Court dismissed the plaintiffs' application for interim injunctive relief, despite arguments regarding priority of registration and deceptive similarity. The court found that the plaintiffs were disentitled to immediate relief due to their failure to disclose a material fact—a previous admission made by them in response to a Section 57 rectification application filed by the defendants. This omission was deemed a clear case of misrepresentation and concealment, preventing the court from granting an injunction at this preliminary stage.
Bristol Myers Squibb Holdings Ireland Unlimited Company v.Angle Bio Pharma & Ors.
The dispute involved allegations of patent infringement concerning the drug 'Apixaban' (Patent IN 247381). The parties reached a comprehensive settlement agreement with all defendants. The court accepted the terms, decreeing the suit subject to the agreed-upon conditions.
Amit Jain v.Vikas Gupta
The Delhi High Court rejected the defendant's application seeking dismissal of the trademark infringement suit under Order VII Rule 11 of the CPC. The court held that since the plaintiff explicitly pleaded in the plaint that the defendant's mark was deceptively similar to his own, a clear cause of action existed. The judgment affirmed the principle that an application for rejection must be decided solely on the averments made in the plaint, treating them as correct.
Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Cipla Limited
The dispute between Bristol-Myers Squibb Holdings Ireland and Cipla Limited regarding the commercialization of Apixaban was amicably settled. The defendant confirmed that it did not commercialize the drug under the brand name APIGY until after the expiry of the suit patent.
Synthes Gmbh v.Controller General Of Patents, Designs and Trademarks and Anr
Synthes Gmbh challenged an earlier decision by the Controller General of Patents, Designs and Trademarks before the Delhi High Court. The appellant raised objections concerning the drafting and procedural lapses in the impugned order, specifically noting abrupt conclusions regarding non-compliance with Section 2(1)(j) of the Patents Act. The court issued this order to clarify these points, treating it as a corrigendum to the original judgment.
The Polo/Lauren Company L.P. v.Abhinav Mehta And Anr.
In this trademark dispute before the Delhi High Court, the court addressed procedural matters concerning an undertaking filed by the respondent. Since the crucial undertaking was not placed on record and the petitioner had not received a copy, the judge directed the parties to coordinate documentation. Consequently, the hearing was re-notified for June 1, 2023, allowing both sides time to ensure all necessary documents are properly presented.
Voiceage Evs Llc v.Guangdong Oppo Mobie Telecommunications Corp Ltd & Ors.
The plaintiff, Voiceage Evs Llc, filed a suit alleging that the defendants infringed upon four specific Indian patents related to EVS Standards in their mobile handsets. The court registered the plaint and issued summons, while also addressing several interlocutory applications concerning document filing and seeking temporary injunctions.
Holyland Marketing Pvt. Ltd. v.Vijay Pal Vineet Kumar And Co. And Ors.
The Delhi High Court allowed a petition seeking rectification of the Trade Marks Register, striking down a competitor's registration. The petitioner successfully argued that the respondent's mark and trade dress were deceptively similar to its own, despite minor differences in the names ('Golden Crown' vs 'Golden Queen'). Furthermore, the court noted that the respondent's application was ineligible for registration under Section 11(1)(b) due to the petitioner's prior priority of user and registration. This ruling reinforces the protection afforded to established trade dress and marks against confusingly similar imitations.
Gea Refrigeration Netherlands Nv v.Metalex Cryogenics Limited
The dispute between Gea Refrigeration Netherlands Nv and Metalex Cryogenics Limited regarding the GEA Patent was settled. Both parties executed a settlement agreement on April 13, 2023, acknowledging the patent's validity and agreeing to specific undertakings.
Ads Spirits Pvt. Ltd. v.Shubhom Juneja
The Delhi High Court granted an interim injunction favoring Ads Spirits Pvt. Ltd. against Shubhom Juneja regarding alleged trademark infringement and passing off of whisky. The court found a prima facie case based on the near-identical nature of the trade dresses and packaging used for 'Royal Green' and 'Royal Queen' whiskies, coupled with phonetic similarity between the names. This order temporarily restricts the defendant from introducing further products in the confusing manner.
Fmc Corporation v.Adama India Private Limited
The plaintiffs filed a civil suit alleging that the defendants infringed their process patent (IN'645) related to the manufacture of Chlorantraniliprole (CTPR). The court registered the plaint as a suit, issued summons, and set timelines for filing written statements and pleadings.
M/S S. S. Hospitality v.M/S Sagar Ratna Restaurants Pvt. Ltd
This revision petition challenged the territorial jurisdiction of the Delhi Commercial Court regarding a trademark infringement suit filed by M/S Sagar Ratna Restaurants Pvt. Ltd against M/S S. S. Hospitality. The petitioner argued that since the cause of action arose in Chandigarh, and the respondent had subordinate offices there, the suit should have been filed in Chandigarh. However, the High Court dismissed the petition, holding that the respondent-plaintiff did not possess a subordinate office in Chandigarh, thus validating the original court's decision to allow the suit to proceed in Delhi.
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