Bench:Najmi Waziri
11 IP cases indexed. Covers patent, copyright matters.
Cases Presided Over
11 cases indexed | Page 1 of 1
Telefonaktiebolaget LM Ericsson (Publ) v.Competition Commission Of India & Anr.
This judgment addresses whether the Competition Commission of India (CCI) has the authority to investigate a patent holder's conduct under the Competition Act, 2002. The court held that while both statutes deal with anti-competitive behavior, the specific legislative intent and subject matter dictate that the Patents Act, particularly Chapter XVI, governs patent rights, limiting CCI's power.
Sharad Mehra v.Sanjay Mehra & Ors.
This Delhi High Court order addresses a dispute between two brothers regarding the exclusive rights to the trademark 'Superon' following a Family Settlement concerning their company. The court formalized an agreement where Sharad Mehra conceded the right to use 'Superon' in the domestic market, while Sanjay Mehra gained exclusivity for that territory. To facilitate this transition, the court directed parties to seek expedited approvals from Metrology and GST authorities regarding packaging changes.
Shri Govind Baheti v.Shri Kamal Kishore Baheti
The Delhi High Court addressed a dispute concerning the alleged breach of a prior settlement agreement related to the use of the 'VRAJ' trademark for tractor parts. The petitioner claimed that the respondents were violating the territorial restrictions set forth in the 2012 settlement by allowing their wife's firm to sell spare parts bearing the mark outside the permitted five states. Consequently, the Court directed notice to be issued to the respondent, setting a date for returnable appearance.
Kake Di Hatti v.Sidharth Aggarwal And Ors
The Delhi High Court addressed multiple issues in this order, including a municipal matter regarding unauthorized stairs on a public footpath, directing the North DMC to ensure pedestrian safety and removal of obstructions. Crucially for the IP dispute, the court noted that while respondents were previously directed to cease using the 'Kake Di Hatti' brand, they are now operating under the name 'Kake Di Rasoi,' keeping the trademark infringement matter active.
Culinary Culture India Pvt. Ltd. v.Culinary Communications Private Limited & Anr.
The Delhi High Court addressed an appeal filed by Culinary Culture India Pvt. Ltd., challenging a restraining order issued by the District Judge regarding the use of the 'Culinary Culture' trademark. The appellant argued that the injunction unfairly restricted its business operations in Classes 38 and 42, where it holds registered marks. While the respondents initially sought restraint only in Class-35, the court allowed both parties time to file comprehensive replies and rejoinders before the matter is heard expeditiously by the Trial Court.
Road Master Autotech Pvt. Ltd. v.Milan Roadmaster Corporation & Ors.
The Delhi High Court disposed of an appeal concerning trademark infringement between Road Master Autotech Pvt. Ltd. and Milan Roadmaster Corporation & Ors. The dispute centered on the use of similar trade names like 'Road Faster' and 'Milan Road Master.' Through a settlement, the respondents agreed to cease using the disputed marks and withdraw their applications for registration. Consequently, the court disposed of the appeal, allowing the appellant to proceed with seeking a decree in the underlying suit.
Darshan Singh & Sons (Huf) v.Baldev Singh Trading As M/S Madaan Plastic Industry & Anr.
The Delhi High Court dismissed an appeal filed by Darshan Singh & Sons (Huf) challenging an injunction preventing them from using the trademark 'House of Madaan'. The court found that the respondent, Baldev Singh Trading As M/S Madaan Plastic Industry, was the prior and exclusive owner of the similar mark 'MADAAN' since 2003. Although the appeal was dismissed, the parties reached a settlement where the injunction was modified into a comprehensive undertaking by the appellant to cease using the disputed trademark until the final disposal of the suit.
M/S Parle Products Pvt Ltd & Anr. v.M/S B&B Bake Pvt Ltd
The Delhi High Court overturned an injunction restraining the appellant from using 'AMERICANA' for butter cookies. The court held that since 'AMERICANA' is a common dictionary word, its legal protectability is lesser, especially when it is not registered exclusively by the plaintiff. Furthermore, the court found no prima facie case of passing off because the products (cookies vs. burger buns) had distinct looks and packaging, making consumer confusion unlikely. The matter was remanded for further proceedings.
Marina Food Products Private Limited v.Britannia Industries Limited
The Delhi High Court upheld an ex-parte injunction granted by the Trial Court against Marina Food Products Private Limited for using the trademark 'MARIE' in relation to biscuits. The court found that the initial order met the legal requirements under Order 39 Rule 3 of the CPC, as sufficient reasons were recorded regarding potential public confusion and harm. Furthermore, the appeal challenging the jurisdiction of the Delhi Courts was dismissed, confirming the trial court's authority to proceed with the trademark infringement suit.
M/S Ravinder Singh & Sons v.M/S Evergreen Publications (India) Ltd & Anr.
The appeal challenged an interim injunction restraining M/S Ravinder Singh & Sons from publishing ICSE Class-X Examination Question Papers. The respondent had purchased the copyrights for these papers, and the court found that the appellant's publication was a near reproduction of the copyrighted material, including answers, thus constituting infringement.
Telefonaktiebolaget Lm Ericsson (Pub) v.Mercury Electronics & Anr
The dispute concerns the validity of several registered patents. The defendant challenged the validity of these patents in their counter-claim. The court addressed the legal issue of who must prove the patent's invalidity.
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