Bench:G.S.Sistani
24 IP cases indexed. Covers patent, copyright, trademark matters.
Cases Presided Over
24 cases indexed | Page 1 of 1
Pentel Kabushiki Kaisha v.M/s Arora Stationers
Pentel Kabushiki Kaisha filed suit against M/s Arora Stationers alleging fraudulent imitation of its registered pen design (Design No. 263172). The respondents challenged the validity and novelty of Pentel's design, claiming it was a combination of known designs. However, the High Court ruled in favor of Pentel, emphasizing that since the respondents themselves had applied for registration of a similar design, they could not simultaneously argue against its originality. Consequently, the court found a prima facie case of piracy and granted an interim injunction restraining the respondents from marketing the infringing product.
Triumphant Institute Of Management Education Pvt Ltd v.Time Plus Institute & Anr
The Delhi High Court granted an ad-interim injunction in favor of Triumphant Institute Of Management (T.I.M.E.) against Time Plus Institute, recognizing the strong likelihood of trademark infringement and passing off. The court found that the respondent's use of similar marks was likely to deceive the public and dilute T.I.M.E.'s established goodwill in the coaching industry. Furthermore, a local commissioner was appointed to seize infringing materials, reinforcing the protection of T.I.M.E.'s statutory and common law rights.
Flamagas, Sa v.Sunder & Ors
The Delhi High Court ruled in favor of Flamagas, Sa, finding that the defendants were infringing upon its trademarks and designs related to 'Clipper' lighters. The court noted that the defendants failed to participate in the proceedings despite being served, leading to them being proceeded ex parte. Consequently, the suit was decreed for permanent injunction and punitive damages, emphasizing that non-participation by infringers should not allow them to escape liability.
Super Cassettes Industries Pvt Ltd v.Haridwar Cables Network
The plaintiff, Super Cassettes Industries Pvt Ltd, filed a suit alleging that the defendant, Haridwar Cables Network, was infringing its copyrights by broadcasting T-Series' repertoire (sound recordings, films) on its cable network without obtaining a license. The court found the defendant guilty of copyright infringement and decreed the suit in favor of the plaintiff.
Super Cassettes Industries Pvt Ltd v.Param Hans City Cable Network
The plaintiff, Super Cassettes Industries Pvt Ltd, filed a suit alleging that the defendant, Param Hans City Cable Network, infringed its copyrights by broadcasting copyrighted works (songs and films) without obtaining a license. The court found the unlicensed broadcasts to be an infringement and decreed the suit in favor of the plaintiff.
Super Cassettes Industries Pvt Ltd v.Sbn Network
Super Cassettes Industries Pvt Ltd filed a suit seeking permanent injunction and damages against Sbn Network for infringing its copyrighted works. The plaintiff alleged that the defendant, a ground cable operator, was broadcasting T-Series' films and music without obtaining necessary licenses.
Bristol Myers Squibb Holdings Ireland v.Sanjay Jain
The plaintiffs, Bristol Myers Squibb Holdings Ireland and its subsidiary, filed a suit seeking permanent injunction and damages for the infringement of their patent (IN 203937) covering the anti-cancer molecule DASATINIB. The defendants were proceeded ex parte due to non-appearance in court.
Super Cassettes Industries Private Limited v.Gurgaon Cable Tv Series
Super Cassettes Industries Private Limited filed a suit against Gurgaon Cable TV Series alleging widespread infringement of its vast repertoire of copyrighted music and film content. The plaintiff, one of India's largest music companies, claimed that the defendant cable operator was using T-Series works without obtaining necessary public performance licenses. Despite the defendant failing to appear in court, the Delhi High Court proceeded ex parte. Ultimately, the court decreed the suit in favor of Super Cassettes Industries and awarded damages along with punitive damages.
Super Cassettes Industries Private Limited v.Fun Cable Network
Super Cassettes Industries Private Limited filed a suit seeking permanent injunction and damages against Fun Cable Network for infringing its extensive repertoire of copyrighted music and films. The plaintiff alleged that the cable operator used T-Series content without obtaining necessary licenses, despite prior communication and legal notices. Given the defendant's failure to enter an appearance or file a written statement, the court proceeded ex parte.
Abro Industries, Inc v.Dhirish Nimbawat & Others
The Delhi High Court ruled in favor of Abro Industries, Inc., finding that Defendant No. 3 had engaged in the offense of passing off by using deceptively similar marks and packaging to mislead the public. Despite the plaintiff waiving the claim for damages, the court decreed the suit against Defendant No. 3 under Order VIII Rule 10 CPC due to the defendant's failure to file a written statement after being served through publication. The judgment confirms the existing interim injunction.
Super Cassettes Industries Private Limited v.Shekhawati Ab Tak Cable Network
The plaintiff, Super Cassettes Industries Private Limited (T-Series), filed a suit against Shekhawati Ab Tak Cable Network for infringing its copyrights in cinematographic films and sound recordings. The court found that the defendant was broadcasting the plaintiff's copyrighted works without obtaining necessary licenses.
Vifor (International) Limited v.The High Court Of Delhi
This writ petition challenged the mandatory transfer of commercial disputes related to five key statutes—Patents, Trademarks, Designs, Copyright, and Geographical Indications—to the Commercial Division of the High Court. The petitioners argued that suits under these specific IP Acts should remain in their original forum, even if the value is below Rs. 1 crore. The court provided an interim order, holding that these cases shall not be transferred, while also directing Single Judges to consider amendment applications as per law.
United Phosphorus Limited v.Ajay Garg And Another
United Phosphorus Limited filed a suit seeking permanent injunction against infringement of Indian Patents Nos. 190476 and 202013, along with claims for damages. The defendants challenged the court's territorial jurisdiction, arguing that neither party conducted business in Delhi. The Court ultimately ruled that since no part of the cause of action arose within its jurisdiction, the plaint was returned to be filed in the appropriate forum.
Educare Limited v.S.K. Sachdev
Educare Limited filed a suit against S.K. Sachdev alleging trademark infringement concerning its well-established school brand, 'SHRI RAM'. The core dispute revolved around the defendant's use of 'ShreeRam World School' and the domain name www.shreeram.in, which the plaintiffs argued was phonetically and conceptually identical to their mark. After considering the plaintiff's extensive reputation in the education sector, the court confirmed the interim injunction, finding that the defendants' adoption of the name lacked bona fide intent.
Bharti Airtel Ltd v.Airtelasia & Ors
The Delhi High Court ruled in favor of Bharti Airtel, confirming a decree against Defendant No. 1 for trademark infringement and passing off. The court found that the defendant's use of 'AIRTELASIA' was identical and deceptively similar to Airtel's well-known mark 'AIRTEL,' leading to consumer confusion. Furthermore, the defendants were ordered to transfer the domain name www.airtelasia.com to Bharti Airtel.
sandisk corporation v.raju aka bilal
Sandisk Corporation sued Raju A.K.A Bilal for trademark infringement, copyright infringement, passing off, and delivery up concerning counterfeit SanDisk memory cards being sold in Delhi's Old Lajpat Rai Market. The defendant was selling inferior quality fake memory cards bearing the SanDisk trademark at significantly lower prices.
Microsoft Corporation v.Mr. Rajeev Trehan
Microsoft Corporation filed a suit seeking permanent injunction, rendition of accounts, and damages against Mr. Rajeev Trehan and others for the alleged piracy of its software products. The court examined evidence establishing that the defendants were loading Microsoft's copyrighted software onto computers they sold without permission. Given the defendants' failure to appear in court, the plaintiffs successfully made out a case for infringement.
Nokia Corporation v.Bharat Bhogilal Patel
Nokia Corporation filed a suit seeking a declaration of non-infringement against Bharat Bhogilal Patel, who claimed that Nokia's use of laser marking technology infringed his patents. The court examined evidence showing that the laser engraving process is a known and available technology since 1957, and found that the defendant's actions were groundless threats.
Triumphant Institute Of Management Education v.Time Coaching/Education & Ors.
The Delhi High Court ruled in favor of Triumphant Institute Of Management Education (TIME) against the defendants for trademark infringement and passing off. The court found that the use of the mark 'TIME' by the defendants was a blatant attempt to ride on TIME's hard-earned goodwill, especially given its extensive reputation in the coaching industry. Consequently, the suit was decreed, granting permanent injunctions, ordering the cancellation of the infringing domain name, and awarding damages.
Cargill India Pvt. Ltd. v.Quality Agro Mills Pvt. Ltd.
The Delhi High Court ruled in favor of Cargill India Pvt. Ltd., confirming the permanent injunction against Quality Agro Mills Pvt. Ltd. for trademark infringement and passing off. The court found that the defendant was illegally using a deceptively similar mark, thereby capitalizing on the goodwill established by 'Nature Fresh.' Furthermore, due to the defendant's deliberate evasion of court proceedings, the plaintiff was awarded damages amounting to Rs. 5.0 lacs.
Consolidated Contractors International Company S.A.L. v.Consolidated Construction Consortium Ltd & Ors
This case addressed an application filed by Consolidated Contractors alleging wilful disobedience of a court order, specifically regarding the continued use of their logo by the defendants. The plaintiff had sought permanent injunctions for passing off and copyright infringement. The court examined whether the usage was intentional or merely inadvertent, referencing established legal precedents on contempt.
Times Internet Ltd. v.Jonathan S. And Another
The Delhi High Court ruled in favor of Times Internet Ltd., granting permanent injunctions against the infringement of its brand 'Indiatimes'. The court recognized that Indiatimes, a coined word associated with extensive e-commerce operations, held significant goodwill and reputation. Furthermore, the plaintiff was awarded damages, affirming the protection afforded to established online brands.
M/S Invitation Banquet v.M/S Jolly Invitation Banquet
The Delhi High Court ruled in favor of M/S Invitation Banquet, finding that the defendant was infringing upon its trademark and copyrights through passing off. The court recognized the plaintiff's extensive goodwill and prior adoption of the 'Invitation' mark for banquet services. Consequently, the suit was decreed, granting the plaintiff an injunction and awarding damages.
Shrinivas Suggandhalaya v.P.S.Lakshmi Kalavathi And Anr
Shrinivas Suggandhalaya filed a suit against P.S.Lakshmi Kalavathi and others alleging infringement of its intellectual property rights related to scented agarbatti. The plaintiff claimed ownership over the distinctive packaging design, which was registered under the Copyright Act, 1957, as well as the trademark 'NAGCHAMPA'. The court found that the defendants were manufacturing and selling spurious goods by copying both the unique label/packaging and using the identical trademark. Consequently, the suit was decreed in favor of Shrinivas Suggandhalaya.
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