Bench:Prathiba M. Singh
447 IP cases indexed. Covers trademark, patent matters.
Cases Presided Over
447 cases indexed | Page 13 of 15
Enlearn Education Private Limited & Anr. v.Sd Memorial Education And Welfare Society & Anr.
The Delhi High Court addressed an injunction application filed by Enlearn Education Private Limited against Sd Memorial Education Society concerning the use of the mark 'HERITAGE'. The court found prima facie grounds for intervention, noting that the Defendants adopted a similar name ('THE HERITAGE PRIDE MODERN SCHOOL') after being aware of the Plaintiffs' established trademark rights. Consequently, the Court issued an immediate directive restraining the Defendants from opening any further schools incorporating the word 'HERITAGE' or applying for recognition under that name. The court reserved the final decision on interim relief regarding the existing school until proper notice was served.
Zydus Wellness Limited v.Mis. Siddhi Margarine Specialities Limited
This Delhi High Court order addresses a suit previously decreed between Zydus Wellness Limited and Mis. Siddhi Margarine Specialities Limited. Following an amicable resolution, both parties had deposited funds with the DHCBA Pandemic Relief Fund. The court noted compliance regarding deposits and stock statements. Crucially, the court directed the Registrar of Trademarks to process the modification/alteration forms filed by Defendant No.1 concerning their registered marks.
Government E Marketplace v.Unilex Consultants & Ors.
The Delhi High Court ruled in favor of the Government E Marketplace (GeM) against various parties for misusing its brand name. The plaintiff alleged that several defendants were registering or using 'GeM' as a domain name or URL extension, misleading the public into believing they were associated with the official portal. The court granted permanent injunctions and ordered the suspension of multiple infringing domains, reinforcing the protection of government digital brands against unauthorized commercial exploitation.
Dr. Reddy's Laboratories Limited & Anr. v.The Controller Of Patents & Ors.
This judgment addressed an application seeking dismissal of a patent revocation petition on the ground that it was barred by limitation. The court examined Section 64 of the Patents Act and the concept of a 'person interested'.
Daewoong Pharmaceutical Co. Ltd. v.Controller General Of Patents Designs And Trademarks
Daewoong Pharmaceutical appealed the rejection of its Indian Patent Application (No.201817048074), which covered a crystalline form of compound c28. The rejection was based on Section 3(d) of the Patents Act, 1970, as the drug was considered known and lacked enhanced therapeutic efficacy. Daewoong sought to introduce additional data demonstrating superior properties like stability and dissolution rates. The High Court accepted the application for additional documents but framed two critical issues: whether this post-filing data is admissible, and if the crystalline form ultimately meets Section 3(d) requirements.
Torrent Pharma Limited v.Controller General Of Patents
Torrent Pharma Limited filed an appeal challenging the order dated February 1, 2021, passed by the Assistant Controller. The said order rejected the patent application for 'Use of a Thiazolo Pyrimidinone' on grounds of lack of inventive step and non-patentability under Sections 3(e) and 3(d) of the Patents Act.
Ms Aman Engineering Works v.Registrar Trade Marks Trade Marks Registry New Delhi & Anr.
This Delhi High Court order addresses the status of two trademark applications, 'RITE KRANTI' and 'B&M KRANTI,' which are subject to review regarding potential abandonment. The core legal question revolves around whether applications for abandoning these trademarks could be accepted after a significant passage of time. Furthermore, the court noted that the Petitioner had previously filed an opposition against these very marks in 2020, adding complexity to the ongoing dispute.
Dr. Sapna Nangia v.The Assistant Controller of Patents and Designs
Dr. Sapna Nangia filed an appeal challenging the Assistant Controller of Patents and Designs' order dated January 29, 2021. The original patent application (No. 201911010599) for a device and process was rejected primarily on the ground of lacking inventive step.
Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Ms Glowsun India Labs Private Limited
Bristol-Myers Squibb filed a suit seeking permanent injunction against Ms Glowsun India Labs for infringing its patent (IN 247381) related to the drug APIXABAN. The parties subsequently resolved their dispute amicably through mediation, leading to a final settlement.
Novartis AG v.Medipol Pharmaceuticals India Pvt Ltd
Novartis AG filed a suit seeking permanent injunction against Medipol Pharmaceuticals India Pvt Ltd and Metrochem Api Private Limited for infringing its patent (No. 233161) covering 'Eltrombopag Olamine', the API in Revolade. The court found that both defendants acknowledged the validity of the patent and admitted they had not manufactured or commercially sold the patented product, leading to a decree granting permanent injunction during the patent's term.
Ds Intellectual Properties Pvt. Ltd. v.Mr. Faizi Khan
This Delhi High Court order addresses a trademark infringement suit filed by Ds Intellectual Properties Pvt. Ltd. against Mr. Faizi Khan regarding the use of similar marks, specifically '0'/'ZERO' versus '00', on respective products. The court noted the dispute over consumer confusion and directed the defendant to consider modifying their mark or label design. Crucially, the defendant was ordered to cease manufacturing fresh stock using the disputed marks pending further proceedings.
Ab Initio Technology Llc v.Assistant Controller Of Patents And Designs
The Appellant filed an appeal challenging the rejection of its patent application (No. 6500/DELNP/2011). The court first condoned a delay of 53 days in filing the appeal, and subsequently granted further time to the Respondent to file their reply.
Boehringer Ingelheim Pharma Gmbh And Co. Kg v.Natco Pharma Limited
The judgment addresses multiple applications within a commercial suit concerning pharmaceutical patents. The court disposed of an application regarding electronic records and issued directions on several other pending matters, including contempt proceedings related to the sale of Afatinib tablets.
Chugai Seiyaku Kabushiki Kaisha v.Controller Of Patents And Design
Chugai Seiyaku Kabushiki Kaisha appealed the rejection of its patent application (No. 201617023236) for a solid preparation containing Tofogliflozin in monohydrate crystal form. The Controller rejected the application, citing lack of inventive step and falling under Section 3(d) because it was merely a new use/form of a known drug without enhanced efficacy.
Macleods Pharmaceuticals Ltd v.The Controller Of Patents & Anr.
The court addressed two matters concerning the revocation of Indian Patent No. 243301, which covers the compound Linagliptin. The proceedings involved procedural steps such as treating a plaint as a petition and returning counter statements under objections.
Rpg Enterprises Limited v.M/S Vijay Goel & Anr.
The Delhi High Court dismissed the defendants' application seeking further time to file their written statement in a trademark infringement suit. The court emphasized that despite pandemic-related considerations, the defendants were fully aware of the proceedings and failed to adhere to strict timelines. While denying the extension, the court also directed the defendants to file an affidavit detailing the quantum and sales figures of products using the disputed 'RPG' mark.
M/S Blue Heaven Cosmetics Private Limited. v.Deepak Arora & Anr.
The Delhi High Court ruled in favor of M/S Blue Heaven Cosmetics, ordering the cancellation and rectification of a conflicting trademark registered by Deepak Arora ('MARC HEAVEN'). The court found that 'MARC HEAVEN' was deceptively similar to the Petitioner's established mark 'BLUE HEAVEN,' particularly due to the appropriation of the dominant feature 'Heaven.' Citing Sections 9 and 11 of the Trade Marks Act, the judgment held that the Respondent's registration lacked distinctive character and caused public confusion.
Shivnath Rai Harnarain India Ltd. v.Mr. Rakesh Kumar And Ors
In this trademark dispute, the Delhi High Court provided a final opportunity for the Plaintiff, Shivnath Rai Harnarain India Ltd., to formally include an assignee of the trademarks 'LALMAHAL' and 'SHRILALMAHAL' in the ongoing litigation. The court noted that the assignment occurred in 2018 and granted four weeks to file the necessary application. Failure to do so will result in the suit proceeding without the new party on record.
Shabeer Ahmad Bhat v.Sushil Kumar Pathak
The Delhi High Court allowed an application filed by the petitioner seeking to correct a clerical error in a prior order. The correction involved changing the name of the entity receiving trademark assignments from 'Globiotech International' to 'M/s Glow Biotech Ltd', as stipulated in the underlying Memorandum of Understanding (MoU). This minor but crucial rectification ensures the court record accurately reflects the parties' agreement regarding the assignment of trademarks.
Usha International Limited v.Registrar Of Trademarks And Anr.
Usha International Limited filed a petition seeking the removal/cancellation of the mark 'WSHA' from the Trade Marks Register, arguing that it is deceptively similar to their long-standing mark 'USHA'. The Delhi High Court accepted the petition and issued notice to the respondents. The matter was subsequently listed for further arguments on April 4, 2022.
Chia Tai Tianqing Pharmaceutical Group Co. Ltd v.The Controller of Patents and Designs
The suit was filed by Chia Tai Tianqing Pharmaceutical Group challenging an impugned order from the Assistant Controller of Patents & Designs. The rejection was based on Section 2(1)(ja), Section 3(d), and Section 10 of the Patents Act, 1970. The plaintiff argued that the objections under Section 10 were never raised during examination and that deleted claims were improperly used for rejection.
Tata Consumer Products Limited v.M/S Varahi Limited & Anr.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Tata Consumer Products Limited against M/S Varahi Limited. The court allowed defendants to file their original notarized affidavits and permitted the plaintiff to place numerous additional documents on record, including sales turnover details and evidence of prior meetings. While the core dispute involves the use of the 'HIMALAYAN' mark for mineral water, the current order focuses on procedural steps necessary to build a comprehensive case before trial.
Ischemix Llc v.The Controller Of Patents
Ischemix Llc appealed the rejection of its Indian Patent Application No.4380/DELNP/2013 by the Controller of Patents, which was based on Section 3(d) of the Patents Act, 1970. The appellant challenged the basis and citation of the prior art documents used against them.
Agriboard International Llc v.Deputy Controller Of Patents And Designs
Agriboard International LLC appealed the Deputy Controller's order refusing its patent application for 'Efficient Method and Apparatus for Producing Compressed Structural Fiberboard' on grounds of lack of inventive step. The petitioner argued that the refusal was cryptic and lacked proper reasoning regarding the differences between the subject invention and the cited prior art (D1).
Pfizer Inc & Ors v.Azista Industries Private Limited & Ors
Pfizer Inc and others filed a suit seeking permanent injunction, damages, and rendition of accounts against Azista Industries Private Limited and others for infringing their patented drug 'Palbociclib'. The court found that the Plaintiffs had made out a prima facie case for an ad-interim ex parte injunction.
Eli Lilly And Company v.Bryan Pharmaceuticals Through Its Proprietor Mr. Laxmi Kand Pal / Navneet Kand Pal & Ors.
The suit sought permanent injunction against defendants for infringing Indian Patent No. 270765 concerning Baricitinib (Barinat). The patent holder alleged that licensed companies were marketing and exporting the product outside its approved use (COVID-19) for Rheumatoid Arthritis, primarily through e-commerce platforms like Indiamart.
Walmart Apollo Llc v.Aayush Jain & Anr.
The Delhi High Court addressed an application filed by Walmart Apollo LLC alleging continued trademark infringement by the defendants, who were reportedly still using the mark 'WMART' despite a prior interim injunction. The court noted the defendants' willingness to propose a change of mark ('WM BAZAAR') in exchange for waiving costs and damages. Ultimately, the Court issued notice to the defendants and set deadlines for filing replies on various related applications, keeping the litigation active.
Republic Technologies (Na) Llc v.Vipin Pathak Trading As M/S Pathak Impex
The Delhi High Court addressed a suit filed by Republic Technologies against Vipin Pathak regarding the alleged infringement of the 'OCB' trademark and copyright related to smoking accessories. While the court noted that the defendant acknowledged the plaintiff's rights, it also accepted the defendant's willingness to change their logo and mark. Consequently, an existing interim order was made absolute, while the matter was scheduled for further hearing after the defendant presented proposed changes.
Diageo Brands B V & Anr v.Rock And Storm Distilleries Private Limited
This case involved a dispute over the use of distinctive bottle designs and trademarks in the spirits industry. Diageo Brands sued Rock And Storm Distilleries for infringement of its registered design (No. 306577) and trademark ('Hipster', No. 4419654), alongside passing off related to trade dress. The parties ultimately reached an amicable settlement, which was subsequently recorded by the Delhi High Court.
Novartis Ag v.Windlas Biotech Pvt Ltd
Novartis initiated multiple suits against various defendants, including Windlas Biotech and Eris Lifesciences, alleging infringement of Indian Patent No. IN229051, which covers a combination drug (Valsartan + Sacubitril) used to treat cardiovascular disease. The Delhi High Court addressed applications seeking interim injunctions and access to distribution details. While the court maintained an interim injunction against manufacturing and selling the patented composition, it also directed Eris Lifesciences Limited to deposit Rs. 5 crores due to the marketing of stock post-infringement.
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