Bench:Mohit S. Shah
6 IP cases indexed. Covers patent, design, trademark matters.
Cases Presided Over
6 cases indexed | Page 1 of 1
Bayer Corporation v.Union of India Through The Secretary; The Controller of Patents; Natco Pharma Limited
Bayer Corporation challenged the order by the Intellectual Property Appellate Board (IPAB) which upheld the Controller's decision to grant a Compulsory License to Natco Pharma Limited. The license was granted for Bayer's patented drug, Sorafenib Tosylate (Nexavar), used in treating various cancers.
Asian Rubber Industries v.Jasco Rubbers, Manpasand Footwear (Original Plaintiff)
Asian Rubber Industries challenged an interim injunction granted against them for passing off, while Jasco Rubbers sought to overturn a refusal to grant an injunction based on design infringement. The court found that the defendants' footwear was identical/deceptive to the plaintiff's registered designs and allowed the appeal challenging the ad-interim injunction.
Shree Siayaram Fab Private Limited v.Siyaram Silk Mills Ltd.
The appeals challenged the Single Judge's orders regarding a suit for infringement and passing off. The core issue was whether the plaintiff could file an infringement suit despite the defendant having a registered trademark, which the appellant argued barred the suit under Order 7 Rule 11 CPC.
Alaknanda Cement Private Limited & Raghav Cement v.Ultratech Cement Limited
The Bombay High Court dismissed the appeal filed by Alaknanda Cement and Raghav Cement, upholding the single judge's order granting a temporary injunction to Ultratech Cement Limited. The court found that the defendant's mark, 'ULTRATUFF CEMENT,' was deceptively similar to the plaintiff's registered trademark, 'ULTRATECH CEMENT.' Furthermore, the defendants were deemed not to have approached the court with clean hands due to presenting prima facie fabricated invoices.
Neon Laboratories Pvt.Ltd. v.Troikaa Pharma Limited
Neon Laboratories challenged the grant of Patent No.231479 held by Troikaa Pharma Limited, arguing that the company was prejudiced because it was not afforded an opportunity to oppose additional claims made during the examination process. The High Court set aside the patent grant and directed the Controller to conduct a fresh hearing on the original and amended claims.
Hindustan Unilever Limited v.Procter & Gamble Home Products Limited
Hindustan Unilever Limited challenged Procter & Gamble Home Products Limited for allegedly disparaging its fairness cream products through television advertisements. The court examined whether the advertising constituted defamation or disparagement, considering settled legal principles regarding comparative advertising and puffing.
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