Bench:Prathiba M. Singh
598 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
598 cases indexed | Page 10 of 20
Dr. Reddys Laboratories Limited & Anr. v.The Controller Of Patents & Ors.
This judgment addresses complex jurisdictional issues arising after the enactment of the Tribunal Reforms Act, 2021. The court examined three proceedings: two revocation petitions and one appeal under the Patents Act, 1970. In C.O.(COMM.IPD-PAT) 3/2021, the court considered a petition to revoke Patent No. IN 268846. However, in other cases, the court ruled that jurisdiction was lacking because the appropriate office or another High Court already held the matter, preventing parties from pursuing parallel proceedings.
Six Continents Hotels, Inc. v.Karan Holiday Inn Private Limited & Anr
In this ongoing trademark dispute, the Delhi High Court noted that while the defendant had largely removed the disputed mark from various sources, some instances persisted on third-party websites. The court allowed the plaintiff to issue notices to these specific sites demanding the takedown of the infringing trademarks and associated photographs. Furthermore, the parties were directed to continue mediation proceedings, indicating a potential path toward an amicable settlement.
Avery Dennison Corporation v.Controller Of Patents And Designs
Avery Dennison Corporation appealed a decision by the Controller of Patents and Designs which refused to grant a patent for 'Notched Fastener' due to lack of inventive step. The Appellant argued that the specific features (notch creation, position, shape, direction) provided a technical advancement over prior art documents D2 and D3. The Court ultimately allowed the appeal, finding that the invention satisfied the test of inventive step.
Bibimoney Global Ltd. v.Taisys Technologies Ltd. And Ors.
The parties requested time to file written submissions regarding the jurisdiction of the Delhi High Court concerning patent revocation petitions under Section 64 of the Patents Act, 1970. The court listed the matter for further hearing.
Pm Franchise Brands, Llc v.Registrar Of Trade Marks
The Delhi High Court addressed an appeal challenging the rejection of a trademark application, PRETZELMAKER. While the court found that the word mark was problematic under Sections 9 and 11 of the Trade Marks Act due to descriptiveness and similarity, it recognized the distinctiveness of the accompanying logo. Consequently, the court allowed the Appellant to proceed with registration by deleting the descriptive word 'PRETZELMAKER' from the application.
Visage Beauty And Healthcare Pvt. Ltd. v.Registrar Of Trademarks
The Delhi High Court allowed Visage Beauty And Healthcare Pvt. Ltd.'s appeal against the Registrar of Trademarks' rejection of their mark 'GLOW-GETTER'. The court held that while the component word 'GLOW' might be descriptive in cosmetics, the combination forms a composite mark that does not inherently describe the product's quality or kind. Consequently, the application was directed to proceed for registration, provided the appellant accepts a disclaimer ensuring no exclusive rights vest solely in the word 'GLOW'.
Jindal Industries Private Limited v.The Registrar Of Trade Mark
The Delhi High Court allowed Jindal Industries Private Limited's appeal against the Trade Mark Registry's rejection of its trademark application. The court held that the rejection, based on non-distinctiveness or prohibition under Section 9 of the Act (specifically regarding the use of India's map outline), was unsustainable. Citing previous rulings and the 'No Objection' from the Survey of India, the High Court directed the Registrar to proceed with the registration of the mark.
Om Shivam Utpadan v.Saraswati Utpadan Private Limited
The Delhi High Court disposed of multiple trademark and copyright rectification petitions after the parties reached a comprehensive settlement through mediation. The agreement outlines specific usage rights for both parties' marks and logos, allowing them to continue using certain designs under modified conditions while withdrawing ongoing legal challenges. This resolution provides clarity on their respective intellectual property rights moving forward.
Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Zee Laboratories Limited & Ors.
The suit was filed seeking permanent injunction against Zee Laboratories Limited and others for manufacturing and selling generic Apixaban products ('Apixaz' and 'Apiquis') that infringed Patent No. IN 247381. The court noted that the patent had expired on September 17, 2022. Consequently, the suit was disposed of, but directions were issued regarding the removal of listings from e-commerce platforms.
Mahesh Edible Oil Industries Limited v.Mahesh Edible Oils Products Private Limited
The Delhi High Court issued a significant order addressing trademark disputes among related entities in the edible oil industry. The court affirmed that the 'SALONI' trademark belongs exclusively to Mahesh Edible Oil Industries Ltd., preventing individual brothers from claiming it. However, the ruling allows the family members freedom to operate their own businesses, provided they do not use marks or trade dresses deceptively similar to 'SALONI'. This order sets a clear boundary for internal corporate IP rights while allowing independent commercial activity.
Messrs Shree Ghantakaran Pipes Pvt Ltd v.Mr Pushpinder Garg & Ors / Super Impex and Anr.
The Delhi High Court addressed multiple facets of the trademark dispute involving 'MONICA GOLD' and 'MONICA PRIME'. In the infringement suit, the court allowed an application to appoint a Local Commissioner to inspect the defendants' premises and inventory infringing goods. Separately, the court initiated proceedings for the rectification of the mark 'Monica Prime', issuing notices to the respondents. The overall matter remains active with interim orders in place.
Diamond Star Global Sdn. Bhd. v.Joint Controller Of Patents And Designs
The appellant filed an appeal challenging the rejection of its patent application titled "HYGIENE WASH". The rejection was based on insufficient disclosure under Section 10(4) of the Patents Act, 1970. The court allowed several interlocutory applications and listed the matter for further hearing.
Premier Nutritions Privat Limited v.Amit Product A Proprietary Connern
The Delhi High Court granted an interim injunction in favor of Premier Nutritions Privat Limited against Amit Product A Proprietary Connern, finding that the defendant's use of 'DOODH MANTHAN' was deceptively similar to the plaintiff's registered trademark 'MANTHAN/PREMIER MANTHAN'. Furthermore, the court allowed the appointment of a Local Commissioner to conduct an inventory and seize infringing products, reinforcing the immediate protection available to IP holders facing market imitation.
Sotkon Sp Slu v.Western Imaginary Transcon Pvt. Ltd.
This case involves Sotkon Sp Slu alleging that Western Imaginary Transcon Pvt. Ltd.'s technical specifications and products for underground bins infringe upon its patented 'Subsurface System for the Collection of Refuse'. The Plaintiff had previously secured an interim injunction based on a prima facie comparison showing similarity between the parties' designs. During the hearing, the court addressed arguments regarding deviations in supplied goods versus bid documents. While noting that the Defendants were prima facie guilty of contempt due to non-compliance with the existing order, the Court granted them one last opportunity to present evidence upon depositing a substantial sum.
Chugai Seiyaku Kabushiki Kaisha v.Fresenius Kabi Oncology Limited
The plaintiffs filed a suit seeking permanent injunction and damages against the defendants for infringing Indian Patent No. 294424, which covers the tetracyclic compound Alectinib (Alecensa®). The dispute centered on the defendants' alleged activities including import/export and online listings of the product, leading to an amicable resolution.
Cinni Foundation Through Managing Trustee Dipak Kumar Sah v.The Registrar of Trade Marks & Anr.
The Delhi High Court addressed an appeal filed by Cinni Foundation challenging the rejection of its trademark application 'CINNI' in Class 07, which relates to pumps. The court issued notice and directed that the respondents be served with the appeal documents. Both matters were subsequently listed for a detailed hearing on January 16, 2023.
Bacardi And Company Limited v.Bahety Overseas Private Limited & Ors.
This Delhi High Court order addresses a suit concerning trademark infringement where the plaintiff sought permanent injunction against the defendants. The court reviewed an application filed by the defendant seeking vacation of the existing interim injunction, which was granted previously. The judge directed the defendant to place on record the memorandum of appeal and produce evidence regarding similar bottle shapes, while also addressing a counter-application by the plaintiff alleging non-compliance with the original injunction.
Scipharm Sarl v.Asstt. Controller Of Patents And Designs
Scipharm Sarl appealed a decision made by the Assistant Controller of Patents and Designs refusing the grant of a patent application titled 'Novel Composition for the Treatment of Cystic Fibrosis'. The case was transferred from the IPAB to the Delhi High Court. The court issued notice and directed both parties to file written submissions.
Eris Lifesciences Limited v.Controller Of Patents & Anr.
Both petitions sought the revocation of Indian Patent No. 243301 under Section 64 of The Patents Act, 1970. The court condoned delays in filing written statements and disposed of related interlocutory applications. The matter was listed for further hearing due to the patent's impending expiry.
Gland Pharma Ltd. v.Akums Drugs And Pharmaceuticals Limited & Anr.
Gland Pharma Ltd. filed a rectification petition against Akums Drugs And Pharmaceuticals Limited, seeking cancellation of the Respondent's trademark 'CLINDIUM'. The Petitioner claims prior use and ownership of the similar mark 'CLINDUM' in pharmaceutical preparations. While the court condoned the delay in filing the petition and ordered the summoning of relevant records, it denied an immediate interim stay on the impugned trademark due to its existing registration status. The matter is now scheduled for further pleadings.
FMC Corporation v.The Controller Of Patents
FMC Corporation appealed the rejection of its patent application for 'HERBICIDAL MIXTURES' based on procedural grounds, primarily the failure to file timely written submissions. The High Court noted that while the applicant was responsible for delays, the original order lacked proper reasoning and considered the merits of the case. Consequently, the appeal was allowed in terms of remanding the matter back to the Controller for fresh consideration.
Eureka Forbes Limited v.National Internet Exchange Of India & Ors.
The Delhi High Court addressed applications concerning a trademark dispute between Eureka Forbes and NIXI/related parties. The court allowed defendants to resume use of the domain name www.rocareindia.com, lifting an earlier ex-parte injunction that had blocked it. However, this relief was conditional: the defendants must strictly adhere to existing restrictions prohibiting them from using or representing themselves as connected with Eureka Forbes' trademarks like 'Aquaguard' and 'Forbes'.
Central Park Estates Pvt Ltd & Ors. v.M I Builders Pvt. Ltd.
The Delhi High Court ruled in favor of Central Park Estates Pvt Ltd, granting a permanent injunction against M I Builders Pvt. Ltd. for using the deceptively similar mark 'M.I. CENTRAL PARK' in real estate projects. Crucially, the court also ordered the cancellation and removal of the respondent's trademark (No. 4164879) from the register, following an out-of-court settlement where the defendant agreed to the terms.
Bayer Pharma Aktiengesellschaft v.The Controller Of Patents
Bayer Pharma Aktiengesellschaft filed an appeal challenging the Controller of Patents' order dated October 29, 2021. The original rejection was based on non-patentability under Section 3(c) of the Patents Act, 1970, and lack of clarity.
Elanco Tiergesundheit Ag v.The Assistant Controller Of Patents And Designs
Elanco Tiergesundheit Ag appealed a decision by the Assistant Controller of Patents and Designs which rejected its patent application (No. 3679/DELNP/2015) for 'Preparation of Live Vaccines' due to lack of novelty and inventive step. The court first addressed applications regarding exemption from affidavits, filing additional documents, and condonation of delay.
BASF SE v.GSP CROP SCIENCE PRIVATE LIMITED
BASF SE filed a suit seeking enforcement of its patent (IN 271338) covering a crystalline complex used in agriculture, which is commercially sold under the mark 'XELORA'. The dispute arose because the Defendant obtained registration for a similar combination product. After considering the parties' submissions and undertakings, the court decreed the suit based on the defendant's commitment not to launch the infringing product until the patent expires or is invalidated.
Intel Corporation v.S.P. Gupta And Others
The Delhi High Court ruled in favor of Intel Corporation in a long-pending trademark infringement suit against S.P. Gupta and others. The court granted permanent injunctions, recognizing the extensive goodwill and reputation of the 'INTEL' mark. Crucially, the judgment was reached after the Defendants indicated they were willing to cease using the infringing marks, leading the court to decree the suit based on this mutual understanding.
Glaxosmithkline Intellectual Property Development Limited v.The Controller of Patents
Glaxosmithkline Intellectual Property Development Limited appealed against an order passed by The Controller of Patents rejecting its patent application (No. 201617034934). The rejection was based on lack of inventive step and non-patentability under Section 3(d) of the Patents Act, 1970.
Gujarat Cooperative Milk Marketing Federation Ltd v.Amul-Franchise.in & Ors.
The Delhi High Court granted relief to Gujarat Cooperative Milk Marketing Federation Ltd (AMUL) in its ongoing trademark infringement suit. The court allowed AMUL to implead new parties, including the domain registrar and Google LLC, to pursue fraudulent activities related to their brand. Crucially, the court ordered the suspension and blocking of the infringing domain name www.educationdindia.com and directed the freezing of a specific bank account linked to the alleged infringement.
Ferrero Spa & Ors. v.Needs Supermart Private Limited
In a trademark infringement suit concerning the 'Nutella' brand, the Delhi High Court issued an order on February 2, 2022. While the court maintained the existing interim injunction against the defendant, it deferred the dispute over whether products were counterfeit to the trial stage. Furthermore, the court directed both parties toward mediation and conciliation to attempt a settlement of the ongoing litigation.
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