Bench:Vibhu Bakhru
71 IP cases indexed. Covers trademark, patent matters.
Cases Presided Over
71 cases indexed | Page 3 of 3
Tata Sons Limited v.Ram Niwas & Ors
The Delhi High Court ruled in favor of Tata Sons Limited, granting permanent injunctions against Ram Niwas & Ors for trademark infringement and passing off. The court found that the defendants were deceptively using the mark 'TATA' and the domain name 'www.tatapackers.com' to associate themselves with the well-known TATA brand in the transport and logistics sector. Furthermore, the defendants were ordered to transfer the infringing domain name to Tata Sons Limited.
M/S Stellar Information Technology Private Ltd v.Mr Rakesh Kumar & Ors
The Plaintiff, a data recovery company, filed an application seeking an interim injunction against its former employees (Defendants) for allegedly using confidential information, trade secrets, and client lists to compete with the Plaintiff. The Defendants argued that any restrictive covenants in their employment agreements were void under Section 27 of the Indian Contract Act, 1872, leading the court to dismiss the application.
Telefonaktiebolaget Lm Ericsson (Publ) v.Competition Commission Of India
Telefonaktiebolaget LM Ericsson challenged the orders passed by the Competition Commission of India (CCI), which had initiated investigations based on complaints from Micromax and Intex. The core dispute revolved around whether the CCI possessed jurisdiction to examine claims related to royalty payments for Standard Essential Patents (SEPs). Ericsson argued that patent-related royalty issues fall exclusively under the Patents Act, 1970, not the Competition Act, 2002. The Delhi High Court ultimately dismissed the writ petitions, affirming the jurisdictional boundaries of the CCI in this context.
Ashim Ghosh v.The Controller Of Patents
The petitioner challenged the Controller's action of treating his patent application (No. 1350/DEL/2007) as 'Deemed to be Withdrawn'. The withdrawal was based on the assumption that the request for examination was not made within the prescribed period, despite the petitioner having filed Form-18 correctly and within the time limit. The court found that the clerical error in the covering letter did not invalidate the timely filing of the substantive examination request.
Maharashtra Hybrid Seed Co. v.Union Of India And Anr
The petitioners challenged an order by the Registrar of PPVFR Authority which held that parent lines of known hybrid varieties could not be registered as 'new' plant varieties. The core issue was whether these parent lines retained novelty despite the commercial use and sale of resulting hybrid seeds.
Maharashtra Hybrid Seed Co. v.Union Of India And Anr
The petitioners challenged an order by the Registrar, PPV&FR Authority, which held that parent lines of known hybrid varieties could not be registered as 'new' plant varieties. The core issue was whether the development and sale of hybrid seeds from these parent lines invalidated the novelty claim for the original parental lines.
Maharashtra Hybrid Seed Co. v.Union Of India
The petitioners challenged an order by the Registrar, PPVFR Authority, which held that parent lines of known hybrid varieties could not be registered as new plant varieties. The core issue was whether the parent lines remain novel if their material is used to produce a distinct hybrid variety.
Maharashtra Hybrid Seed Co. v.Union Of India And Anr
The petitioners challenged an order by the Registrar, PVPFR Authority, which held that parent lines of known hybrid varieties could not be registered as new plant varieties. The core issue was whether the parent lines remain novel if their material is used to produce a distinct hybrid variety.
Maharashtra Hybrid Seed Co. v.Union Of India And Anr
The petitioners challenged an order by the Registrar, PPVFR Authority, which held that parent lines of known hybrid varieties could not be registered as 'new' plant varieties. The core issue was whether these parent lines retained novelty despite the commercial use and sale of resulting hybrid seeds.
Bayer Corporation v.Union Of India & Ors
The application sought permission to export 1 kg of API Sorafenib (Sorafenat), which was manufactured under a compulsory license granted to NPL. Bayer challenged this export, arguing it constituted a commercial transaction and violated the terms of the compulsory license. The Court ultimately held that the export for regulatory approval purposes falls within the exception provided by Section 107A.
Merck Serono S.A. v.Union Of India & Ors.
Merck Serono S.A. challenged the Controller of Patents & Design's decision to declare its patent application abandoned under Section 21(1) of the Patent Act, 1970. The petitioner argued that it had actively pursued the application by responding to both the First and Second Examination Reports. The High Court ruled in favor of the petitioner, holding that active pursuit negates abandonment.
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