C.Hari Shankar
130 IP cases indexed. Covers trademark, patent matters.
Cases Presided Over
130 cases indexed | Page 5 of 5
Raaj Unocal Lubricants Limited v.Apple Energy Pvt Ltd & Anr.
The Delhi High Court granted an interim injunction favoring Raaj Unocal Lubricants Limited. The court restrained the defendants from pursuing a related civil action before the U.S. District Court at Southern District of Texas, as well as preventing them from manufacturing or selling goods using trademarks identical or deceptively similar to UNOCAL and UNOCAL 76 in India. This decision protected the plaintiff's established rights derived from its licensing agreement with UNOCAL.
Snapdeal Private Limited v.Godaddycom Llc And Ors
Snapdeal Private Limited filed an application seeking a temporary injunction against Godaddycom and others, alleging widespread infringement of its registered 'SNAPDEAL' trademark through the registration and offering of infringing domain names. The court examined the feasibility of granting such a broad injunction, particularly concerning the ability to prevent the registration of any domain name containing the mark. While acknowledging the plaintiff's claims of infringement, the judge required further clarification from the defendant regarding the practical implementability of the requested relief before making a final decision on the interim order.
The Himalaya Drug Company & Ors v.Ashok Kumar & Ors
The Delhi High Court issued interim protective orders in favor of The Himalaya Drug Company against Ashok Kumar & Ors regarding trademark infringement. The court restrained the defendants from using Himalaya's registered logos, trademarks (including 'Himalaya Pure Herbs'), specific domain names like <himalayawelness.com>, and associated email IDs. Furthermore, the court directed the freezing of certain websites and domain names to prevent further unauthorized capitalization on the plaintiff's goodwill.
Merck Sharp And Dohme Corp v.Chiral Biosciences Limited
The plaintiffs, Merck Sharp And Dohme Corp, filed a suit alleging infringement of their Indian Patent No. 209816 covering Sitagliptin, a DPP-4 inhibitor used to treat Diabetes Mellitus Type II. The court issued an order granting an ex parte ad interim injunction restraining the defendant from manufacturing or dealing in infringing products until further hearing.
Allied Blenders And Distillers Pvt Ltd v.Agribiotech Industries Limited (Abil)
The Delhi High Court granted an ad interim injunction in favor of Allied Blenders And Distillers Pvt Ltd against Agribiotech Industries Limited. The plaintiff alleged that the defendant was infringing on its registered trademarks ('Officers Choice') and copyrighted trade dress associated with its IMFL products, specifically by using a deceptively similar label for its 'Chetak Whisky'. The court found that there was a high likelihood of consumer confusion, satisfying both the 'average intelligence' test and the 'triple identity' test. This interim order protects the plaintiff's brand reputation pending final disposal of the suit.
Onyx Therapeutics Inc. v.Union Of India & Ors
Onyx Therapeutics Inc. challenged the Deputy Controller of Patents' orders that restricted its right to cross-examine expert witnesses during a post-grant opposition filed by Fresenius Kabi Oncology Ltd. The core dispute centered on whether the patentee, having filed objections under Rule 58, was entitled to challenge the veracity of the opponent's experts through cross-examination. The Delhi High Court ultimately ruled in favor of Onyx, quashing the restrictive orders and allowing the cross-examination without imposing any condition regarding the filing of evidence by the patentee.
Praneet Singh Davar v.L S Davar & Co & Ors
The Delhi High Court addressed an appeal challenging a previous interim order that restricted the appellant's association with the respondent firm. While acknowledging the initial prohibition, the court clarified that the single judge's recorded 'prima facie' opinion regarding trademark rectification was not a final determination. The judgment directs the Registrar of Trademarks to proceed with the rectification proceedings based on merits, independent of the prior preliminary view.
Citicorp Business & Financial Services Pvt Ltd v.Citi Group Inc & Anr
This appeal challenged a single judge's order that had attached the bank accounts of Citicorp Business & Financial Services Pvt Ltd due to non-compliance with previous injunction orders regarding trademark infringement and passing off. The Delhi High Court dismissed the appeal, holding that there was no statutory provision for an appeal against such an order under Order XXXIX Rule 2A CPC. Furthermore, the court found that the appellant's subsequent failure to comply with a one-month compliance statement made before the judge demonstrated bad faith.
Shamnad Basheer v.Union Of India
This writ petition challenged the process and implementation timeline concerning changes to the Patents Act, 1970. The court examined issues related to Section 146 and Section 122 of the Act, which govern patent working. After reviewing an affidavit from the Deputy Controller of Patents & Designs, the High Court accepted the detailed sequential timelines proposed by the Union of India for completing the necessary stakeholder consultation and legislative amendments.
M/S Zihwa Foods Pvt Ltd v.M/S G D Foods Manufacturing (India) Pvt Ltd
The Delhi High Court dismissed an appeal filed by M/S Zihwa Foods Pvt Ltd challenging a single judge's order. The appellant had sought to reject the original suit for permanent injunction on the grounds that the plaintiff lacked a registered trademark in Class 30, making the infringement claim unsustainable. The court upheld the initial decision, noting that when adjudicating an application under Order VII Rule II CPC (rejection of plaint), the court must rely solely on the averments made in the plaint.
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