Bench:Mukta Gupta
79 IP cases indexed. Covers trademark, patent, copyright matters.
Cases Presided Over
79 cases indexed | Page 2 of 3
Capital Food Pvt. Ltd. v.Radiant Indus Chem. Pvt. Ltd.
The Delhi High Court addressed an application seeking interim relief in a trademark infringement suit concerning 'SCHEZWAN CHUTNEY'. While the court found that 'SCHEZWAN CHUTNEY' is likely a descriptive and common term, thus denying the injunction against the mark itself, it granted protection for the plaintiff's trade dress/packaging and marketing content. This mixed ruling highlights the distinction between protecting generic product descriptors versus unique visual branding elements in IP law.
Exide Industries Limited v.Krishna International & Ors.
Exide Industries Limited successfully secured an ad-interim injunction in the Delhi High Court against Krishna International and others. The plaintiff alleged that the defendants were dishonestly adopting its well-known 'EXIDE' trademark to manufacture and sell various products, including bulbs and power banks. Given the prima facie case made out by Exide regarding the unauthorized use of its mark, the court granted the injunction to prevent irreparable loss until the final hearing.
BASF SE v.UPL LIMITED
BASF SE filed a suit against UPL Limited seeking permanent injunction for infringing its India Patent No. 262428, which covers Boscalid anhydrous Form-II. The court considered affidavits from both parties regarding infringement and R&D activities. Ultimately, the court decreed the suit in favor of BASF SE, granting a permanent injunction.
Astrazeneca AB & Anr. v.Torrent Pharmaceuticals Ltd.
The plaintiffs presented an overview of their case. Since the defendant challenged the validity of the suit patent (IN-235625), the court directed the defendant to present arguments on that matter.
VELCRO BVBA v.VEILCRO INFRASTRUCTURE PVT. LTD.
In this Delhi High Court matter concerning the 'VELCRO' brand, VELCRO BVBA filed an application seeking an urgent hearing due to allegations that the defendant continued infringing its trademark despite existing interim injunctions. The court noted the plaintiff's evidence was concluded and directed notice to be issued to the defendants for a returnable appearance on November 23, 2020.
FMC Corporation v.Modern Insecticides Limited
FMC Corporation filed a suit alleging that Modern Insecticides Limited was infringing its valid Indian Patent (IN 201307) related to the insecticide Chlorantraniliprole (CTPR). The plaintiffs, who are co-owners of the patent, claimed that the defendant was manufacturing and exporting the compound, thereby violating their intellectual property rights. Based on the prima facie case presented by FMC Corporation, the Delhi High Court granted an ex-parte ad-interim injunction in favour of the plaintiffs.
Harjit Kaur & Ors. v.Jaywantjit Singh & Anr.
The Delhi High Court addressed a dispute concerning the trademark 'CAMPA,' which is registered to Plaintiff No. 2 (Campa Beverages Pvt. Ltd.). The plaintiffs alleged that Defendant No. 1, despite not being a shareholder or director, was filing numerous new trademark applications using the CAMPA prefix and managing brand operations. While the court allowed an exemption from filing original documents, it primarily focused on procedural steps for the main suit. Crucially, the court established that Defendant No. 1 is bound by his statement that he has not commenced use of the mark until a final decision is rendered in the ongoing litigation.
Gujarat Cooperative Milk Marketing Federation Ltd. v.Amul Franchise.In & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Gujarat Cooperative Milk Marketing Federation Ltd. against various parties operating fraudulent websites using the 'AMUL' trademark. The court found that these entities were impersonating and deceiving the public by offering fake dealerships, jobs, and distributorships, thereby causing irreparable harm to the brand. Furthermore, the registrars of the infringing domains were directed to immediately suspend or block the sites, while banks holding accounts related to the fraudulent operations were ordered to disclose account holder details.
ASTRAZENECA AB & ANR. v.MICRO LABS LIMITED
The plaintiff, AstraZeneca, filed a suit alleging infringement of its genus (IN 147) and species (IN 625) patents for the drug DAPAGLIFLOZIN (brand name FORXIGA). The defendant, Micro Labs Limited, was accused of manufacturing, selling, and seeking approval for generic versions. The court granted an ex-parte ad-interim injunction in favour of the plaintiff.
Astrazenca Ab v.West Coast Pharmaceuticals Works Ltd.
Astrazenca filed a suit alleging that West Coast Pharmaceuticals Works Ltd. was manufacturing the drug Dapagliflozin, which is protected by Astrazenca's patents (IN '147 and IN '625). The defendant entered an undertaking acknowledging the validity of the patents and agreeing not to infringe them.
M/S Bhagyalaxmi Industries v.Pramod Kumar & Anr.
In a significant resolution for brand owners, M/S Bhagyalaxmi Industries successfully secured a decree against Pramod Kumar & Anr. through a comprehensive mutual settlement. The defendants acknowledged the plaintiff's proprietary rights over the 'ROBOTOUCH' trademarks and agreed to cease all use of the mark or deceptively similar marks in relation to wellness products. Furthermore, Defendant No. 1 committed to withdrawing existing trademark registrations and opposition filings related to ROBOTOUCH, ensuring peaceful conduct of the plaintiff's business.
Fk Bearing Group Co Ltd. v.M/S Kunal Trading Corp & Anr.
The Delhi High Court granted an ad-interim injunction favoring Fk Bearing Group Co Ltd. against M/S Kunal Trading Corp & Anr. The dispute centered on the unauthorized use of the plaintiff's distinctive trademark (FK/) and associated artistic logo/trade dress for manufacturing and selling bearings. Given that the plaintiff demonstrated a prima facie case, irreparable loss, and balance of convenience in its favor, the court issued a restraining order against all defendants from dealing in the infringing goods until further hearing.
Merck Sharp and Dohme Corp & Anr. v.Cleanchem Laboratories Llp
The plaintiffs, owners of Indian Suit Patent IN 209816 for SITAGLIPTIN, filed a suit alleging that the defendant was selling and dealing in SITAGLIPTIN without a license. The court found prima facie evidence of violation and granted an ad-interim ex-parte injunction.
Danone Asia Pacific Holdings Pte Ltd. v.Alexi Pharmicia & Anr.
The Delhi High Court granted an ad-interim ex-parte injunction in favor of Danone Asia Pacific Holdings Pte Ltd. against Alexi Pharmicia & Anr. The dispute centered on the alleged infringement of Danone's proprietary rights, including its registered trademark 'PROTINEX,' trade dress, and associated copyrights, by the defendants who were selling a deceptively similar product under the mark 'PROTILEX.' The court found that the plaintiff had made out a prima facie case and that granting an injunction was necessary to prevent irreparable loss.
Havells India Limited v.Ratheesh Govindan & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Havells India Limited against the defendants, finding a prima facie case of trademark infringement. The dispute centers on the unauthorized use of deceptively similar marks and logos (like STANDARD, STANGUARD, and HOMESAFE) by the respondents for electrical products. The court recognized that the plaintiffs possess common law rights in these brands due to long-term usage. Consequently, the defendants were directed to suspend exports and disclose their manufacturing sources pending further hearings.
Nutricia International Pvt. Ltd. v.Hexalac Healthcare Pvt. Ltd. & Ors.
Nutricia International Pvt. Ltd. successfully secured an ad-interim ex-parte injunction in the Delhi High Court against Hexalac Healthcare Pvt. Ltd. and others regarding the use of a similar mark for infant food products. The plaintiff, owner of the registered trademark DEXOLAC, alleged that former employees were manufacturing and selling competing products under the name HEXALAC. The court found that the plaintiff had made out a prima facie case and granted the injunction to prevent irreparable loss while the suit proceeds.
BASF SE v.UPL LIMITED
The plaintiff, BASF SE, filed a suit claiming infringement of its patent (IN-262428) covering the superior anhydrous-II form of the fungicide BOSCALID. The defendant, UPL Limited, appeared and submitted that no valid patent existed for the specific anhydrous-II form at the time they applied for licenses, asserting their use was limited to R&D.
M/S Babu Ram Om Prakash v.Mr. Roger Aoun
The Delhi High Court granted an ad-interim injunction in favor of M/S Babu Ram Om Prakash against Mr. Roger Aoun regarding the use of the trademark 'BLACK DIAMOND'. The plaintiff, a long-standing manufacturer of cosmetics and mehandi products, alleged that the defendant was deceptively adopting their registered mark. Citing prima facie evidence and irreparable loss, the court restrained the defendant from using the disputed mark until further hearing.
Bayer Intellectual Property GmbH & Anr. v.Titan Laboratories Pvt. Ltd.
Bayer Intellectual Property GmbH and its associates filed a suit alleging that Titan Laboratories Pvt. Ltd. was infringing on their patented compound, Rivaroxaban (IN 211300). The plaintiff contended that the defendant was exporting finished pharmaceutical products containing Rivaroxaban to foreign entities in commercial quantities. Despite the lack of domestic launch by the defendant, the court held that such exports constituted 'use in India' under the Patents Act. Consequently, the Delhi High Court granted an ad-interim ex-parte injunction in favor of Bayer.
Sunstar Joint Stock Company & Anr. v.Mr. Arvind Kumar Aggarwal & Anr.
The Delhi High Court settled a trademark dispute between Sunstar Joint Stock Company and Mr. Arvind Kumar Aggarwal. The parties reached an amicable agreement, leading the court to decree the suit based on specific prayers in favor of the plaintiff. Crucially, Defendant No. 1 was directed to assign its registered Trademark (No. 3750648) for 'Thai Duong' to Sunstar Joint Stock Company, resolving the core ownership conflict.
Astrazenca Ab v.Ajanta Pharma Ltd.
The court heard an application seeking condonation of a 6-day delay by the defendant, which was granted. The court also directed the parties regarding the filing of written statements and clarified the validity dates of the two patents (IN '147 and IN '625) held by Astrazenca Ab.
Astrazenca Ab & Anr v.West Coast Pharmaceuticals Works Ltd.
The Delhi High Court heard the matter concerning suit patents held by Astrazenca Ab & Anr against West Coast Pharmaceuticals Works Ltd. The court addressed the validity dates of the two patents (IN '147 and IN '625) and accepted an undertaking from the defendant that they do not manufacture or sell infringing products related to Dapagliflozin.
Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Bdr Pharmaceuticals International Pvt. Ltd & Anr.
The plaintiffs filed an application seeking action under Contempt of Court because defendant No.1 submitted a tender offering for the sale of Apixaban, despite a prior interim injunction restraining them from dealing in any infringing product covered by Indian Patent No. IN 247381. The court issued show cause notices to the Chairman and Director of defendant No.1 regarding potential contempt proceedings.
M/S Tirath Ram Jai Prakash v.Tirath Ram Jai Prakash & Co.
This Delhi High Court judgment confirms a settlement reached between M/S Tirath Ram Jai Prakash and Tirath Ram Jai Prakash & Co. regarding the trademark 'POOJA RAKHI'. The parties, who had previously sought mediation, agreed that the defendant would cease using the mark in Class 25 Wrist Band items. In exchange for this undertaking, the plaintiff waived claims for damages or profits, leading to the suit being decreed based on the settlement terms.
SAP SE v.ERP TRAINING INDIA & ORS.
SAP SE successfully secured a comprehensive interim injunction against ERP Training India and associated parties in the Delhi High Court. The court found prima facie evidence of trademark and copyright infringement related to unauthorized online SAP training courses. Consequently, the defendants were ordered to immediately deactivate websites, domains, email addresses, block specific IP access points, and freeze bank accounts linked to the infringing activities.
Jagran Prakashan Limited v.Telegram Fz Llc & Ors.
Jagran Prakashan Limited successfully secured an ad-interim injunction against Telegram FZ LLC in the Delhi High Court. The plaintiff alleged that users on Telegram were illegally distributing and downloading copyrighted e-papers of Dainik Jagran through various public channels, causing significant financial loss. The court ruled that Telegram, as an intermediary, must exercise due diligence under IT laws and was directed to immediately block the infringing channels and disclose the identities of the channel owners.
GS1 India v.Barcodes Sl & Ors
GS1 India successfully secured an ad-interim injunction against a competitor operating barcode allocation websites. GS1, the sole licensed body in India for issuing standardized barcodes starting with '890', alleged that Defendant No. 1 was illegally allocating non-compliant and unverifiable codes, causing consumer deception. The Delhi High Court found a prima facie case in favor of GS1, granting the injunction to protect its trademark rights and prevent irreparable harm to both itself and innocent customers.
Merck Sharp & Dohme Corp. v.Achemic Pharmaceuticals (India) Pvt. Ltd.
The plaintiffs, holding patents and licenses for Sitagliptin (under trade names ISTAVEL and ISTAMET), filed a suit alleging that the defendant was manufacturing and selling the drug under the brand name TwoTrack, thereby infringing their patent. The court found that the plaintiffs had made out a prima facie case and granted an ex parte ad interim injunction.
Merck Sharp & Dohme Corp. v.Triveni Interchem Private Limited
The plaintiff, Merck Sharp & Dohme Corp., filed a suit alleging that the defendant, Triveni Interchem Private Limited, was selling and advertising various compositions of Sitagliptin without taking any license. The plaintiff holds a valid patent for Sitagliptin.
Astrazeneca Ab & Anr. v.Jigs Chemicals Limited
Astrazeneca sued Jigs Chemicals Limited for infringing its patents covering the anti-platelet drug TICAGRELOR. The plaintiffs claimed that the defendant was commercially advertising and offering to sell API TICAGRELOR. Based on the defendant's admission regarding the exclusive rights under Section 48 of the Patents Act, the court granted summary judgment in favor of Astrazeneca.
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