Bench:Sanjeev Narula
368 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
368 cases indexed | Page 3 of 13
Cassiopea Spa v.Assistant Controller Of Patents And Designs
Cassiopea Spa filed an appeal challenging the Assistant Controller's order rejecting its patent application (No. 655/DELNP/2010) under Section 15 of the Indian Patents Act, 1970. The court granted condonation of delay and set out directions for further proceedings in the appeal.
M/S Prakash Pipes Limited v.Shri Ram Polymers & Anr
M/S Prakash Pipes Limited filed an opposition against the trademark registration of 'Shri New Prakash Flex' by Shri Ram Polymers & Anr, arguing that the impugned mark is deceptively similar to their existing registered marks ('Prakash', 'Prakash Gold'). The Delhi High Court has initiated the proceedings, issuing notice and setting timelines for both parties to file detailed written submissions. This case will determine whether the new registration infringes upon the petitioner's established brand rights.
Mankind Pharma Ltd. v.Gurinder Singh
The Delhi High Court allowed Mankind Pharma Ltd.'s petition seeking the cancellation of a competing trademark registered by Gurinder Singh. The court held that due to Mankind's long-standing use and established goodwill, its marks (including 'MANKIND' and the 'KIND' family) had acquired well-known status. Consequently, the registration of the impugned mark was deemed violative of Sections 11(1) and 11(2) of the Trademarks Act, leading to its removal from the register.
M/S. Vaibhav Equipments v.Vandhana Jain & Anr.
M/S. Vaibhav Equipments initiated trademark opposition proceedings against Vandhana Jain & Anr., challenging the registration of identical marks in classes 9 and 35. The petitioner asserts prior use of their trademarks, including 'VESUMO' and 'SUMO', since 1997 for welding tools, arguing that the subsequent adoption by the respondent is in bad faith. The court has issued notice to the respondents and scheduled the matter for further pleadings and hearing.
Gautam Bhatia v.Vinayak Enterprises
The court addressed several interlocutory applications. Most notably, it allowed the Plaintiff's application invoking Section 58 of the Patents Act, 1970, seeking to amend the claims of Patent IN No. 410993. Notice was served on the Controller and Defendants, setting a date for completion of pleadings.
Khadi And Village Industries Commission v.Meet Dilipkumar Patel And Anr.
The Delhi High Court confirmed the existing ad-interim injunction restraining the defendants from using the 'KHADI ARK' and similar marks, maintaining the status quo during the ongoing suit. While the court upheld the protection of the plaintiff's trademark rights, discussions opened regarding a potential settlement, with the defendant offering an undertaking not to use the trademarks in the future if damages were waived. The matter was adjourned for further resolution.
Liberty Group Marketing Division v.Registrar Of Trade Marks
The Delhi High Court allowed Liberty Group Marketing Division's appeal against the Registrar of Trade Marks' refusal of their trademark application. The court set aside the initial refusal, which was based on a cited mark under Section 11 of the Trademarks Act. Crucially, the court restored the application to its original number but made it conditional: the applicant must first take steps to have the cited mark cancelled or rectified before the merits of their own application will be considered.
Marelli Europe S.P.A. v.The Deputy Controller Of Patents And Designs
Marelli Europe S.P.A. filed an appeal challenging the Deputy Controller's decision to reject its patent application (No. 495/DEL/2013). The rejection was based on Section 2(1)(j) of the Indian Patents Act, 1999. The court issued directions for notice and filing of replies.
Janssen Sciences Ireland Uc v.Controller Of Patents
Janssen Sciences Ireland appealed the Deputy Controller's refusal of its Indian Patent Application for 'LONG TERM TREATMENT OF HIV-INFECTION WITH TMC278'. The refusal was based on lack of inventive step. The Court noted an inconsistency between the formulation claim and method claims in the application, allowing the Appellant to file a fresh, amended application.
Anuj Bindal M/S Aggarwal Rice And Oil Mills v.Tarsem Chand M/S R.D Traders
The Delhi High Court allowed the petition filed by Aggarwal Rice and Oil Mills, leading to the cancellation of a nearly identical trademark registration held by R.D Traders. The court found that both marks were phonetically and structurally similar, creating a high likelihood of consumer confusion in the animal feed market. Crucially, the court determined that while the Petitioner's prior use was not perfectly documented, the Respondent failed to provide credible evidence supporting their claimed date of first use, thus invalidating the registration under Section 9(2)(a) and on grounds of fraudulent representation.
Shrinath Travel Agency & Anr. v.Maventech Labs Private Limited & Ors.
The Delhi High Court granted an ex parte ad interim injunction in favor of Shrinath Travel Agency against Maventech Labs Private Limited and others. The plaintiffs alleged that the defendants were deceptively adopting their registered trademarks ('SHRINATH') and associated marks in the tour and travel industry, including through identical domain names. The court found a prima facie case was made out, noting that balance of convenience favored the plaintiffs, leading to immediate restraint on the use of infringing marks and websites until the final hearing.
Sequoia Capital Operations Llc & Ors. v.Seene Trader & Ors.
The Delhi High Court issued a significant interim order in favor of Sequoia Capital Operations LLC and Peak XV Partners against the alleged fraudster 'Senee Trader'. The court granted several urgent reliefs, including exempting the plaintiffs from pre-institution mediation due to the urgency of the matter. Crucially, the court directed domain name registrars (Dynadot, Gname) to suspend relevant domains and mandated government bodies (MeitY, DoT) and financial institutions (NPCI) to take steps to permanently block or remove access to fraudulent websites, social media accounts, and UPI IDs used by the defendant.
Tata Sons Private Limited & Anr. v.Om Prakash Gupta
In a case concerning the infringement of trademarks and copyrights, Tata Sons sought judicial assistance to manage seized counterfeit products. The Delhi High Court granted the application, appointing a Local Commissioner to visit the warehouse where 624 packages of fake TATA TEA PREMIUM were stored. This order allows Plaintiffs to draw samples for trial purposes while also granting them liberty to destroy the remaining inventory, ensuring the chain of custody is maintained.
ITC Limited v.Philip Morris Products S.A.
ITC Limited appealed an order passed by the Assistant Controller of Patents and Designs which rejected a post-grant opposition against Patent no. IN 319780. The appellant argued that since the respondent failed to comply with previous court remands, the High Court should rule on the merits of the case.
Microsoft Technology Licensing Llc v.The Controller Of Patents And Designs & Anr.
Microsoft Technology Licensing Llc filed an appeal challenging the Assistant Controller of Patents and Designs' order dated November 9, 2023, which refused its patents application. The court first allowed the application for condonation of delay in filing the appeal.
Kao Corporation v.The Controller Of Patents & Anr.
Kao Corporation appealed a refusal order issued by the Controller of Patents for its patent application titled "Hair Dyeing Or Bleaching Method". The appeal was based on procedural infirmities, including the failure to raise objections under Section 3(a) in the hearing notice and the erroneous recording regarding industrial applicability. The Court found merit in these submissions and remanded the matter back to the Controller for fresh consideration.
M/S Deluxe Agriculture Works v.Deluxeagriculture Industries Private Limited & Ors.
The Delhi High Court ruled in favor of M/S Deluxe Agriculture Works, overturning a rectification made by the Trademarks Registry that had transferred ownership of the 'Deluxe' trademark to Deluxe Agriculture Industries Private Limited. The court found that the purported Deed of Assignment was invalid because Respondent No. 2 denied executing it and alleged forged signatures. Consequently, the registration was restored to M/S Deluxe Agriculture Works, affirming their original proprietorship.
Shree Ganesh Rolling Mills (India) Ltd v.M/S Jindal Rolling Mill Ltd
The Delhi High Court decreed a trademark infringement suit filed by Shree Ganesh Rolling Mills against M/S Jindal Rolling Mill Ltd. The case, which involved allegations of passing off regarding the 'JINDAL' mark, was resolved through mediation and a subsequent settlement agreement. The court upheld the compromise decree, ensuring that while the parties remain bound by the terms, the specific details of the confidential settlement will not be disclosed in the public record.
Emd Millipore Corporation v.Assistant Controller Of Patents And Designs
Emd Millipore Corporation appealed an order dated January 19, 2024, where its patent application (No. 201614010107) for 'Enhanced Aerosol Test for Assessing Filter Integrity' was refused by the Assistant Controller of Patents and Designs due to lack of inventive step. The court issued notice and set a date for further hearing.
Punam Flutes v.Mahesh Chand Gupta And Anr
The Delhi High Court allowed Punam Flutes' petition seeking the cancellation of a conflicting trademark registration ('PUNAM'). The court found that the impugned mark was deceptively similar to the Petitioner's prior and well-established mark, 'PUNAM FLUTES,' used for musical instruments. Given the strong potential for consumer confusion and the Petitioner's established market reputation, the Court ruled that the Respondent's registration could not sustain under Section 11(1)(b) of the Trademarks Act.
Mayfair Lighting Llp v.The Registrar Of Trade Marks & Anr.
The Delhi High Court allowed the appeal filed by Mayfair Lighting Llp, overturning an earlier decision that had deemed their trademark opposition abandoned. The court found that the original timeline for filing evidence was flawed due to issues with service of the counter-statement by the Registrar of Trade Marks. Consequently, the registration of the mark 'LONDON MAY FAIR' in favor of Respondent No. 2 was cancelled, and the opposition proceedings were restored.
Tipping Mr Pink Private Limited v.M/S Savera Eats
The Delhi High Court granted an interim order in favor of Tipping Mr Pink Private Limited against M/S Savera Eats. The Petitioner sought injunctions against the Respondent for continuing to use the registered 'BURGER SINGH' trademarks after a franchise agreement had been terminated. Given the alleged ongoing infringement and reputational damage, the court appointed a Local Commissioner to conduct a search and seizure of all infringing materials at the Respondent's premises.
Alcon Inc v.Controller Of Patents And Designs
Alcon Inc filed an appeal before the Delhi High Court challenging the Assistant Controller's decision to refuse the grant of its Indian Patent Application No. 201914027377. The court issued notice and directed both parties to file written submissions, setting a date for re-notification.
Oxular Limited v.The Assistant Controller of Patents and Designs
Oxular Limited appealed against the Assistant Controller's refusal to grant an Indian Patent Application (No. 201817034819). The appellant argued that the invention disclosed a substantial technical advancement and economic significance, fulfilling the necessary criteria.
Immunovative Therapies, Ltd v.The Controller Of Patents
Immunovative Therapies, Ltd filed an appeal against objections raised by The Controller of Patents. The respondent completed submissions on Sections 10(4) and 3(i) of the Patents Act, 1970, requesting a hearing regarding objections under Sections 2(1)(ja) and 3(d).
Meenu (Trading As M/S Albro Industries) v.The Registrar Of Trade Marks & Anr.
The Delhi High Court addressed procedural applications filed by Meenu (M/S Albro Industries) in an appeal challenging the Registrar of Trade Marks' order. The court condoned a 11-day delay in filing the Memorandum of Appeal and allowed the appellant exemption from submitting original documents. The core dispute, concerning whether a counter statement was properly served during opposition proceedings for the 'AIRODO' trademark, has been listed before the Joint Registrar to complete service, setting the stage for further litigation.
Saint Gobain Glass France v.Assistant Controller Of Patents And Designs & Anr.
Saint Gobain Glass France appealed against the refusal of its Indian Patent Application No. 201717045317 by the Assistant Controller of Patents. The appellant argued that the refusal erroneously applied the test of inventive step, failing to recognize the technical advancement and substantial differences in the claimed invention compared to prior art.
Mallcom (India) Limited v.Shanti Udyog Weldsafe Private Limited & Ors.
The Delhi High Court granted an interim injunction in favor of Mallcom (India) Limited, protecting its registered trademark 'TIGER' used for safety shoes. The court found that the defendant's mark was deceptively similar and violated both statutory and common law rights. While restraining further use, the defendants were allowed a grace period to deplete their existing stock and were ordered to take down the infringing website.
Mankind Pharma Limited v.Solitaire Pharmacia And Anr
The Delhi High Court issued an order in the trademark dispute between Mankind Pharma Limited and Solitaire Pharmacia And Anr. The court directed the Respondent to file additional documents demonstrating that the Petitioner was simultaneously seeking rectification of the impugned trademark 'CUREKIND' before the Trademark Registry. Furthermore, the hearing was adjourned to September 2nd, 2024, allowing both parties time to submit composite briefs.
Mittal Electronic Industries v.The Registrar Of Trade Marks
Mittal Electronic Industries filed a petition challenging the current registration status of the trademark 'MILTON' (No. 419520). The petitioner contends that despite their historical association with the mark, the proprietorship is now incorrectly listed under an unrelated entity, 'Indian Agencies.' The Delhi High Court issued notice to the Registrar of Trade Marks, prompting a formal inquiry into the ownership and registration details of the trademark.
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