Bench:Indermeet Kaur
8 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
8 cases indexed | Page 1 of 1
Paramount Surgimed Limited v.Paramount Bed India Private Limited & Ors
The Delhi High Court set aside an earlier ex-parte injunction granted in favor of Paramount Surgimed Limited. The court found that the plaintiff failed to establish a prima facie case, noting that the plaintiff was aware of the defendant's use of the 'PARAMOUNT' mark since 2009 and had not adequately demonstrated its use in the hospital bed sector. Given the established business operations of the defendants, the balance of convenience lay in their favor, allowing them to continue their trade.
Ferrero Spa & Anr. v.Shri Maa Distribution (India) Pvt. Ltd. & Anr.
The Delhi High Court ruled in favor of Ferrero Group against the defendants for trademark infringement and passing off related to its iconic 'Ferrero Rocher' brand. The court found that the defendant had copied not only the registered word mark but also the unique trade dress, including the crushed gold wrapper and fluted cupcake holder. Given the well-known status of the Ferrero Rocher trademark, the adoption by the defendants was deemed fraudulent, leading to a permanent injunction against all infringing activities.
Mr. Shammi Narang & Anr v.Pindrop Music App Private Limited
The Delhi High Court set aside an ex-parte interim injunction favoring Mr. Shammi Narang & Anr against Pindrop Music App Private Limited. The court found that both parties held registered trademarks, but crucially, they operated in different classes (Class 41 for the plaintiff's studio services and Class 42 for the defendant's mobile application). Citing Section 28(3) of the Trademarks Act, the court ruled that since the marks were not used in the same class, infringement could not be established at this stage. The ruling prioritized the balance of convenience in favor of the growing startup.
Holland L.P. v.A.D. Electro Stell Co. Pvt. Ltd.
The plaintiffs, owners of patented Automatic Twist Locks (ATLs), filed a suit for permanent injunction alleging infringement of their copyright in the proprietary drawings. The defendant challenged the claim, arguing that the specific design drawing used by the railways had become part of the public domain and was not exclusively owned by the plaintiff.
Puma Aktiengesellschaft Rudolf Dassler Sport v.Bhatia Time
The Delhi High Court granted interim relief in favor of Puma Aktiengesellschaft Rudolf Dassler Sport against Bhatia Time, who was selling products bearing the disputed 'PUMA' trademark. The court found that a prima facie case for passing off and trademark infringement had been made out by the plaintiff. Consequently, the court issued an immediate injunction restraining the defendant from using the mark and appointed a Local Commissioner to seize all infringing goods, packaging materials, and relevant business records.
Levi Strauss & Company v.Nizami Garments
The Delhi High Court granted interim relief in favor of Levi Strauss & Company against Nizami Garments in a trademark infringement suit. The court found that the plaintiff had made out a prima facie case regarding the deceptive similarity of the defendant's use of 'Levi's' marks on apparel. Consequently, the existing order denying an injunction was set aside, and a Local Commissioner was appointed to seize all infringing goods and relevant business records from the defendant's premises.
Toyota Jidosha Kabushiki Kaisha v.Deepak Mangal & Others
The Delhi High Court set aside an interim ex parte injunction granted to Toyota Jidosha Kabushiki Kaisha against Deepak Mangal & Others. While Toyota argued passing off based on its global reputation and the use of 'PRIUS,' the court found that Toyota had suffered from an unexplained delay in bringing the matter before the court, which was over six years. The court also questioned whether 'PRIUS' was a coined word or merely a common English term, ultimately favoring the defendant due to the balance of convenience.
Nne Pharmaplan India Ltd. v.M/S Cgmp Pharmaplan Pvt. Ltd. & Ors.
The Delhi High Court dismissed Nne Pharmaplan India Ltd.'s suit seeking permanent injunction against M/S Cgmp Pharmaplan Pvt. Ltd., which alleged passing off and infringement of its trade name 'PHARMAPLAN'. The court found that despite both companies operating in the pharmaceutical consulting sector, the names were sufficiently distinct ('NNE' vs. 'cGMP') to prevent customer confusion. Furthermore, the plaintiff failed to establish a prima facie case or irreparable loss, especially given their own inaction against other entities using similar terms.
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