Bench:Manmeet Pritam Singh Arora
186 IP cases indexed. Covers trademark, patent, copyright matters.
Cases Presided Over
186 cases indexed | Page 1 of 7
S.S. White Burs Inc v.The Registrar Of Trade Marks, & S.S. White Dental Private Limited
The Delhi High Court granted rectification of the respondent's trademark registration for 'S.S. WHITE' in Class 5 and Class 10, as the petitioner, S.S. White Burs Inc, had prior use and registration of the mark 'S.S. WHITE BURS INC' in Class 10. The court held that the respondent's use of the impugned mark was likely to cause confusion among consumers. The respondent was directed to file an affidavit indicating the quantity and batch number of the existing stock of products bearing the impugned mark and was allowed to dispose of the existing stock within a specified time frame.
Wirtgen Gmbh v.Controller General Of Patents, Designs and Trademarks and Ors
Wirtgen Gmbh appealed a rejection order issued by the Controller General of Patents, Designs and Trademarks. The rejection was based on lack of inventive step and insufficient claim definition under the Patents Act. The High Court found that the impugned order suffered from analytical and procedural deficiencies.
Geron Corporation v.The Assistant Controller Of Patents And Designs
Geron Corporation appealed the Controller's refusal to grant a patent for its application concerning telomerase inhibitors. The core dispute was whether the claimed 'in vitro screening method' was, in substance, a diagnostic process that falls under Section 3(i) of the Patents Act. The Court ultimately held that despite being drafted as a screening method, the claims covered a diagnostic process essential to medical decision-making and were therefore not patentable.
ITW GSE APS v.Dabico Airport Solutions Pvt Ltd
Plaintiffs filed a suit seeking permanent injunction and damages against defendants for infringing their Indian Patent No. 330145 related to PCA units, which were allegedly used at various airports. Defendant No. 3 sought its deletion from the array of parties, arguing it was not involved in the infringement activities or liable for the actions of other entities.
Yangtze Memory Technologie Co Ltd v.Union Of India & Anr.
The petitioner challenged the grant of its patent application, arguing that it was prevented from filing a necessary divisional application due to the timing of the grant. The petitioner claimed diligent efforts and intent to file the division before the grant. However, the court dismissed the petition, holding that the Petitioner attempted to file the divisional application after the grant date.
Rexcin Pharmaceuticals P Ltd v.Rekin Pharma P Ltd & Anr.
Rexcin Pharmaceuticals filed a suit seeking permanent injunction against Rekin Pharma regarding trademark infringement, passing off, and domain name misuse. The core dispute revolved around the similarity between 'REXCIN' (Petitioner) and 'REKIN-SP' (Respondent), particularly concerning pharmaceutical goods in Class 5. The court dismissed the interim injunction application, finding that the Petitioner failed to establish continuous use of REXCIN as a source identifier for Class 5 products.
Surface Logix Llc & Ors. v.Lucius Pharmaceutical Lucius Pharmaceutical(Lao) Co. Ltd & Ors.
Surface Logix LLC and its associates filed a suit seeking permanent injunction and damages against Lucius Pharmaceutical for alleged infringement of Indian Patent No. 291914, titled 'PHARMACOKINETICALLY IMPROVED COMPOUNDS'. The court addressed various procedural applications, including granting exemption from pre-litigation mediation due to the urgency of interim relief. Crucially, the court granted an ad-interim injunction restraining the defendants from infringing the patent and directed Defendant No. 2 (an online platform) to delist all advertisements related to the generic product 'BELUMOSUDIL' or brand name 'LuciBelu'.
The Ritz Hotel Limited & Ors. v.Mr Shahjahan Khan & Anr.
The Delhi High Court granted an ad-interim injunction in favor of The Ritz Hotel Limited and its subsidiaries against Mr. Shahjahan Khan and others. The court found a prima facie case for trademark infringement, recognizing the established goodwill and reputation associated with the 'Ritz' mark. Consequently, the defendants were immediately restrained from using deceptively similar marks like 'RITZ RIVERIA' across various media, pending further hearings.
Bunch Microtechnologies Pvt Ltd v.Telegram Fz Llc & Anr.
In an amicable resolution, the Delhi High Court disposed of the copyright infringement suit filed by Bunch Microtechnologies against Telegram Fz Llc. The parties successfully negotiated and formalized a comprehensive Standard Operating Procedure (SOP) governing how complaints regarding content infringement must be handled. This SOP mandates specific proof requirements from complainants, such as demonstrating ownership of copyright or trademark, before Telegram takes action. The court upheld this agreement, binding the defendant to the terms while granting the plaintiff a partial refund of court fees.
Mandeep Singh v.Shabir Momin & Anr.
The Delhi High Court addressed several applications related to the rectification and cancellation of trademarks associated with 'Instant Bollywood.' While the court found that the petitioner had suppressed material documents indicating prior knowledge of the trademark registrations, it chose not to dismiss the interim injunction application. Instead, the court entertained the injunction but imposed a significant cost of Rs. 5 lakhs on the petitioner for the non-disclosure.
Saint Gobain Placo & Anr v.M/S Steel India & Ors
The Plaintiffs, holding patents related to a corrugated construction element and its manufacturing method, filed a suit against the Defendants for infringement. The court found merit in the Plaintiffs' submission and passed orders restraining the Defendants from dealing with infringing materials.
Novartis A.G. v.YY
The Plaintiffs, Novartis A.G. and its affiliate, filed a suit seeking permanent injunction against the Defendant for infringing Indian Patent No. 419280. The court granted several interlocutory orders, including an interim injunction and exemption from mandatory pre-litigation mediation.
Mankind Pharma Limited v.Motherkind Pharma Private Limited
The Delhi High Court granted an interim injunction favoring Mankind Pharma Limited against Motherkind Pharma Private Limited. The court found that Motherkind's use of 'MOTHERKIND' prima facie amounted to trademark infringement and passing off, given its similarity to Mankind's well-known marks ('MANKIND' and 'KIND') in the pharmaceutical sector. This preliminary order restrains the Defendant from using the infringing mark until further proceedings.
Novartis Ag v.Novarise Gastro Bariatrics & Ors.
The Delhi High Court granted an interim injunction in favor of Novartis Ag against Novarise Gastro Bariatrics & Ors. The court found that the use of the impugned tradename 'NOVARISE' by the defendants was likely to cause confusion among consumers, given the established goodwill and reputation of the Plaintiff's well-known trademark 'NOVARTIS' in the pharmaceutical sector. Citing prima facie evidence, the court held that irreparable harm would be caused to Novartis if the injunction was not granted immediately.
Nandamuri Taraka Rama Rao v.Ashok Kumar / John Doe And Ors
The Delhi High Court registered a commercial suit filed by actor Nandamuri Taraka Rama Rao seeking protection against the misappropriation of his personality and publicity rights. The court granted several procedural reliefs, including exempting the plaintiff from mandatory pre-litigation mediation and statutory notices for certain defendants. Furthermore, the court issued summons to specific online retailers found to be unauthorizedly selling merchandise bearing the plaintiff's likeness, allowing the suit to proceed toward an injunction against infringement.
Manash Lifestyle Private Limited & Anr. v.Flipkart Internet Private Limited & Ors
The Delhi High Court addressed multiple applications in a suit concerning trademark and copyright infringement related to the 'DERMDOC' brand. While granting several procedural exemptions to the plaintiffs, the court also issued significant interim relief. Specifically, it directed Scribd Inc. (Defendant No. 17) to immediately remove all documents associated with the infringing trademarks from its platform. Furthermore, Defendant No. 1 was ordered to disclose details of commissions earned through the alleged infringement period.
Government Emarketplace v.Ankit Jain & Ors.
The Delhi High Court granted an urgent interim injunction in favor of Government Emarketplace (GeM), a non-profit public procurement platform. The court directed domain registrar Godaddy.com to suspend specific infringing domain names and required social media intermediary Amazon to remove links hosting unauthorized webpages. This decisive order protects the GeM trademark against online infringement, setting a strong precedent for digital rights enforcement in India.
M/S Tej Ram Dharam Paul v.Sunder Lal Goyal & Anr.
The Delhi High Court accepted a compromise reached between the Plaintiff and Defendant No. 1 in their suit concerning intellectual property rights. The settlement mandates that Defendant No. 1 must suffer a decree of permanent injunction and undertake to withdraw specific trademark applications. The court formally decreed the suit based on these terms, effectively resolving the dispute through mutual agreement.
SNV Aviation Private Limited v.Alaska Aviation Academy Private Limited and Others
SNV Aviation Private Limited successfully secured critical interim relief against defendants accused of impersonating the company to run fraudulent job scams. The Delhi High Court granted permanent injunctions and directed immediate action against digital assets, including suspending infringing domain names like akasaairltd.com. Furthermore, the court mandated financial institutions and telecom providers to disclose KYC details and block bank accounts and UPI IDs linked to the perpetrators, providing robust protection against trademark misuse and fraud.
Incyte Holdings Corporation v.Sun Pharmaceutical Industries Limited
The plaintiffs filed a quia timet action alleging infringement of their patent (IN'841) covering the drug 'Ruxolitinib', marketed as JAKAVI®. The defendants denied commercialization and requested protection under Section 107A. Both parties agreed to settle, with the defendant undertaking not to commercially exploit the compound during the patent's validity.
Incyte Holdings Corporation v.Torrent Pharmaceuticals Limited
Incyte Holdings Corporation filed a quia timet action alleging that Torrent Pharmaceuticals Limited was about to infringe its Indian Patent No. 269841, which covers the compound Ruxolitinib (marketed as JAKAVI®). The parties reached an agreement where the defendant committed not to commercially manufacture or deal in products containing Ruxolitinib during the patent's validity, while retaining rights for research purposes.
ITC Limited v.Philip Morris Products S.A.
ITC Limited appealed a matter concerning an impugned patent. The respondent (patentee) submitted that the patent, granted in 2019, was due for renewal but the patentee had resolved not to seek renewal and would not exercise its right to revive it. Both parties agreed to this submission.
Xx And Ors v.Yy
The suit was filed seeking permanent injunction restraining the defendant (Exemed Pharmaceuticals) from infringing the Indian Patent No. 269841, which covers the compound 'Ruxolitinib'. The court granted an interim injunction and passed various procedural orders related to the case.
Banayan Tree Services Ltd & Anr. v.John Doe & Anr. (including WhatsApp LLC)
The Delhi High Court addressed several interlocutory applications in a suit concerning trademark infringement and impersonation. The court granted the plaintiffs leave to file additional evidence, exempted them from mandatory pre-litigation mediation due to the urgent nature of the relief sought, and directed WhatsApp (Defendant No. 2) to provide Basic Subscriber Information (BSI) for implicated mobile numbers. Furthermore, the court acknowledged the cyber fraud aspect of the case, directing steps be taken by the Cyber Police Station regarding the filed Crime Incident Report.
Baldev Raj v.Brothers Tobacco & Ors.
The Delhi High Court granted Baldev Raj limited permission to introduce registered trademark certificates into the ongoing passing off suit against Brothers Tobacco. This relief was contingent upon a strict clarification: the Petitioner could not use these documents to convert the cause of action from passing off to infringement. The court emphasized that since the Petitioner possessed these registration details prior to framing issues, they must adhere strictly to the original claim of passing off.
Ultratech Cement Limited v.Ambush Cement Private Limited
Ultratech Cement Limited filed an application seeking permission from the Delhi High Court to challenge the validity of trademarks registered by Ambush Cement Private Limited. The court accepted notice and directed both parties to file their respective replies and rejoinders within specified timelines. This order sets the stage for a formal challenge to the defendants' trademark registrations before the Joint Registrar.
Hero Investcorp Private Limited Anr. v.Venuse Automobile
Hero Investcorp Private Limited filed a suit against Venuse Automobile alleging trademark infringement and passing off related to the 'HERO' brand. The Delhi High Court granted several interim reliefs in favor of the Plaintiffs, including an ex parte ad-interim injunction. Furthermore, the court appointed a Local Commissioner with powers to inspect the Defendant's premises, seize infringing auto parts bearing the HERO marks, and ascertain the stock value, signaling strong initial support for the Plaintiff's claims.
Docbel Industries & Anr. v.Braun Aktiengesellschaft
The Delhi High Court disposed of the dispute between Docbel Industries and Braun Aktiengesellschaft based on a comprehensive settlement agreement. The court accepted the compromise, which involved the formal assignment of Trademark registration no. 405367 (the mark BRAUN) from Appellant No. 2 to the Respondent. Furthermore, the parties agreed to the handover of all related documents and financial considerations, effectively resolving the underlying litigation.
Vishnu And Company Trademarks Pvt. Ltd. v.Smotect Private Limited & Ors.
The Delhi High Court granted an ex parte ad-interim injunction in favor of Vishnu And Company Trademarks Pvt. Ltd. against Smotect Private Limited & Ors. The court found that the Defendants were using the Plaintiff's copyrighted label in promotional content, specifically an Instagram video, to portray the Plaintiff's product as harmful while promoting their own alternative. Consequently, the defendants were restrained from further use of the label and directed to take down the infringing videos within 72 hours.
Salman Khan v.Ashok Kumar/John Doe & Ors.
The Delhi High Court registered the suit filed by actor Salman Khan against various defendants for alleged misappropriation of personality rights, trademark infringement, copyright violation, and passing off. The court granted several procedural reliefs to the Plaintiff, including exemption from mandatory pre-institution mediation due to the urgent nature of the matter. Furthermore, the court issued directions for service on identified infringing parties and set a timeline for filing written statements and replication, while also considering an application for ad-interim injunction.
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