Prathiba M. Singh
475 IP cases indexed. Covers trademark, patent matters.
Cases Presided Over
475 cases indexed | Page 11 of 16
Excitel Private Limited v.The Registrar Of Trade Marks
The Delhi High Court overturned the rejection of the trade mark application 'REELTIME' by the Senior Examiner. The court held that website printouts could constitute valid evidence of use, provided they are accompanied by a Section 65B certificate under the IT Act. Furthermore, the court found that prior registrations and a settlement agreement with Google LLC were sufficient to establish the Appellant's rights, allowing the mark to proceed for advertisement.
Hebei Hailan Bearing Manufacture Co. Ltd. v.M/S Pearl Bearing Co.
In this trademark dispute, the Delhi High Court addressed an application by the Plaintiff seeking disclosure of financial and import documents from the Defendant. While the Defendant argued that some information was confidential, the Court issued a conditional order. The Defendant must now file an affidavit detailing complete sale figures and submit all requested documents in a sealed cover for judicial review before they can be released to the Plaintiff.
Chugai Seiyaku Kabushiki Kaisha v.Hetero Labs 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 used in cancer treatment. The dispute centered on whether the Defendant's import and use of Alectinib Hydrochloride were commercial infringements or activities permitted under Section 107A (Bolar provision) for research and regulatory purposes.
Appy Pie Llp v.Engineer.Ai India Pvt. Ltd.
In this trademark infringement matter, Appy Pie LLP sought to address the misuse of its 'APPY PIE' brand through the Google Ads Program. The Delhi High Court recognized that since Google LLC was not initially part of the suit, it needed to be formally added to the proceedings. This order allowed for the impleadment of Google as Defendant No. 5, ensuring all relevant parties are involved in addressing the trademark misuse allegations.
Natco Pharma Limited v.Union Of India & Ors.
Natco Pharma Limited filed a writ petition challenging an order by the Assistant Controller that refused its application seeking cross-examination during pre-grant opposition proceedings against Novartis A.G.'s patent application (No. 4412/DELNP/2007). The court ultimately disposed of the petition, allowing for procedural steps to be taken in the underlying opposition.
Boehringer Ingelheim International GmbH v.The Controller Of Patents & Anr.
Boehringer Ingelheim appealed the Controller's rejection of a divisional patent application related to DPP-IV inhibitors. The core dispute centered on whether the parent application contained a 'plurality of inventions' sufficient to support the new product claims sought in the divisional filing. The Delhi High Court ultimately rejected the appeal, holding that since the original application only contained method or use claims and not distinct product claims, the subsequent introduction of such products was considered disclaimed. Consequently, the divisional application could not proceed.
Yonex Co., Ltd v.John Doe & Ors.
The Delhi High Court granted an interim injunction in favor of Yonex Co., Ltd against unauthorized use of its trademark 'YONEX'. The court found sufficient grounds for restraining infringement related to the domain name 'www.yonexindiastore.com', ordering the domain registrar, NameSilo LLC, to block the site and maintain status quo until further orders.
Emaar Properties Pjsc v.Address Infrastructures Private Limited
Emaar Properties filed a suit against Address Infrastructures Private Limited alleging trademark infringement regarding the use of 'ADDRESS' and 'THE ADDRESS' in real estate projects. The Delhi High Court issued an ad interim order, allowing the Defendant to continue operating its existing projects under the disputed name. However, the court imposed a strict condition: any future expansion or new project using the word 'Address' must first seek explicit leave from the Court, balancing the Plaintiff's transborder reputation claims against the Defendant's established business operations.
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.
Disruptive Health Solutions Private Limited v.Registrar Of Trade Marks
The Delhi High Court overturned a rejection of the trademark 'HEALTHSKOOL' by the Registrar, which had deemed it descriptive under Section 9(1)(b) of the Trade Marks Act. The court recognized that despite some indicia related to health, the mark was sufficiently distinctive given its long-standing use since 2015 and existing registrations in various classes. Consequently, the application was allowed to proceed for advertisement, albeit with a caveat preventing exclusive rights over the generic term 'Health'.
Nippon A&L Inc. v.The Controller Of Patents
Nippon A&L Inc. appealed a rejection order by the Deputy Controller of Patents regarding its application for a copolymer latex process and product. The Patent Office had raised objections concerning inventive step, non-patentability under Sections 3(d) and 3(e), and lack of clarity in claims. The High Court focused specifically on the objection related to claim amendments. The court ruled that since the Appellant was narrowing the scope of the claims and the process sought was disclosed in the specification, the amendments were valid under Section 59.
Novo Nordisk A S v.Union Of India
Novo Nordisk challenged an order by the Deputy Controller of Patents, arguing that the decision did not address the substantive grounds raised in its representation regarding a pending post-grant opposition. The case involves Patent IN257402, which relates to pharmaceutical preparations. Despite years of delays and procedural complexities in the Opposition Board proceedings, the High Court intervened to ensure that the Deputy Controller would consider all arguments presented by the patentee before rendering a final decision.
Novartis Ag v.MSN Laboratories Pvt Ltd
The petitioner filed an application alleging that the defendant violated a prior injunction by offering to supply Eltrombopag Olamine to the Government. The court examined whether this offer, made under Section 100 of the Patents Act, 1970, constituted contempt.
Alkem Laboratories Ltd. v.Eris Health Care Pvt. Ltd. & Ors.
The Delhi High Court addressed a trademark infringement suit filed by Alkem Laboratories against Eris Health Care regarding the alleged misuse of 'GEMCAL' and 'GEMCAL PLUS' trademarks and associated packaging. The court observed that the defendants agreed to change their marks from 'DE-CAL GEM' to 'DECAL PLUS' (and similar changes for 'PLUS'). After reviewing the proposed new artwork, the court allowed the adoption of the revised designs while permanently restraining the defendants from using any mark or packaging deceptively similar to Alkem’s original trademarks and presentation.
Chugai Seiyaku Kabushiki Kaisha & Anr. v.Natco Pharma Limited
Plaintiffs (Chugai Seiyaku Kabushiki Kaisha & Anr.) filed a suit seeking permanent injunction against Natco Pharma Limited for infringing Indian Patent No. 294424, which covers the tetracyclic compound Alectinib (Alecensa®). The dispute centered on the Defendant's alleged export and potential commercial launch of generic Alectinib products. The matter was amicably resolved.
Kawakami, Shigeki & Ors. v.Assistant Controller Of Patents And Designs
The appellants filed an appeal challenging the order dated November 15, 2021, passed by the Assistant Controller of Patents. The original application (No. 201817032492) was rejected on the ground of lack of novelty under Section 2(1)(j) of the Patents Act, 1970.
Sterlite Technologies Limited v.Anupam Singh & Ors.
Sterlite Technologies Limited filed a suit seeking protection of its confidential IBR technology, which was developed by key employees who later joined a competing entity (Defendant No.3). The Plaintiff alleged that the Defendants disclosed this proprietary information, leading to similar patent applications being filed by Defendant No.3, naming the former employees as inventors.
Kiran Jain & Ors. v.Kangaro Industries (Regd.) & Ors.
The Delhi High Court addressed a long-standing dispute between two families regarding the use of the 'KANGARO' trademark for stationery products. Despite the Plaintiffs seeking permanent injunctions against foreign litigation, the Court recognized the complex history and the familial nature of the conflict. Consequently, the court mandated mediation while issuing interim directions allowing both parties to continue their respective trademark applications and statutory proceedings globally, provided they notify the opposing party if new civil or criminal actions are initiated.
Tommy Hilfiger Europe Bv v.Ms Originals Clothing And Ors
In this execution petition, Tommy Hilfiger sought to enforce a settlement decree against Ms Originals Clothing for continuing the sale of its branded goods. Despite having previously settled, the Decree Holder alleged that the Judgment Debtors continued infringing on their trademarks both in physical stores and online platforms. The court allowed the application for local commissioners to conduct an investigation into post-decree sales and directed the Judgment Debtors to provide access to relevant financial records.
Tube Investments Of India Limited v.M/S Jagdamba Enterprises & Ors.
Tube Investments Of India Limited successfully moved the Delhi High Court to protect its 'DIAMOND' trademark against widespread counterfeiting in the automotive parts market. The court recognized the extensive goodwill associated with the mark and the clear evidence of infringement presented by the plaintiff, including discrepancies found via QR codes and packaging differences. Consequently, the court granted an ex parte ad interim injunction and appointed Local Commissioners to conduct seizures and verification across various premises.
One Moto Scooters Trading Llc v.Centre Systems Group Internet Content Provider (CSG ICP)
The Delhi High Court issued interim orders in favor of One Moto Scooters Trading Llc, restraining Centre Systems Group Internet Content Provider from using the trademark 'ONE MOTO' or any deceptively similar mark. This protective order was granted to prevent imminent threat of unauthorized use, including manufacturing automotive products. Furthermore, the court directed that the domain name 'www.one-moto.in' remain blocked, maintaining the status quo until further proceedings.
Mohit Varshney Proprietor, M/S Raj Food Products v.Serveshwar Food Product Pvt. Ltd.
In a complex cross-suit involving competing snack food brands, the Delhi High Court addressed trademark disputes between M/s Raj Food Products ('DECY') and Serveshwar Food Product Pvt. Ltd. ('LACY'). While acknowledging that the Plaintiff (Serveshwar) had prior registration of 'LACY', the court sought to balance interests by directing the Defendant (Raj Food) not to expand its product line under 'DECY' until further decision on injunctions. Crucially, the Court mandated mediation to explore an amicable resolution for both trademark and packaging disputes.
The European Union Represented By The European Commission v.Union Of India & Ors.
The European Union challenged the deemed abandonment of two patent applications (11123/DELNP/2012 and 3466/DELNP/2013) filed under Indian law. The Petitioner argued that despite procedural delays involving multiple patent agents, they had taken steps to respond to the First Examination Reports (FERs). Citing exceptional circumstances and observations from a Parliamentary Standing Committee regarding the inflexibility of abandonment rules, the Delhi High Court set aside the abandonment orders.
The European Union Represented By The European Commission v.Union Of India & Ors.
The European Union challenged the deeming abandonment of two patent applications (11123/DELNP/2012 and 3466/DELNP/2013) filed under the Indian Patents Act. The Petitioner argued that delays, stemming from changes in legal counsel and communication issues with the initial patent agent, led to the abandonment orders. Citing exceptional circumstances and observations from a Parliamentary Standing Committee regarding the inflexibility of the Patent Act, the Delhi High Court set aside the abandonment orders.
Proprietect L P v.The Controller Of Patents
Proprietect L P filed an appeal challenging the rejection of its patent application (No. 5706/DELNP/2011) by the Asst. Controller of Patents. The primary issue addressed in this order was the condonation of a significant delay in filing the appeal, which was ultimately granted.
Bayer Pharma Aktiengesellschaft v.The Controller Of Patents
Bayer Pharma Aktiengesellschaft appealed an order by The Controller of Patents which rejected its patent application (No. 9149/DELNP/2014). The rejection was based on the grounds that the antibodies claimed were naturally occurring and thus non-patentable under Section 3(c) of the Act. The court allowed various interlocutory applications, including condonation of delay, and issued notice for further arguments.
Evonik Operations Gmbh Address For Service In India Lexorbis v.Controller General Of Patents, Designs & Trademarks & Anr.
Evonik Operations GmbH filed an appeal challenging the Assistant Controller's decision to reject its patent application (No. 201714031257). The rejection was based on the finding that the specification lacked a working example necessary to disclose the best method of performing the invention. This procedural order sets out the next steps for the appeal, requiring the respondent to file written submissions.
Ecomax Solutions Pvt. Ltd. v.Energeo Building Solutions Llp & Ors
The Plaintiff, Ecomax Solutions Pvt. Ltd., filed a suit seeking permanent injunctions and damages against the Defendants for infringing its patented ECOMax-HE Automatic Tube Cleaning System (ATC) and copyrighted drawings. The Plaintiff alleged that the defendants obtained confidential information and drawings while their partners were employees of the Plaintiff's customer, Carrier Airconditioning & Refrigeration Limited. The court allowed various interim applications and ordered a local commission to inspect the Defendants' manufacturing process.
Khandelwal Laboratories P Ltd v.Nava Healthcare P Ltd
The Delhi High Court formally recorded an amicable settlement between Khandelwal Laboratories P Ltd and Nava Healthcare P Ltd regarding trademark infringement. The Defendant, Nava Healthcare, acknowledged the Plaintiff's exclusive rights in 'KHANDELWAL' and 'KLAB' logos used for pharmaceutical products. As part of the settlement, the Defendant agreed to a permanent injunction, ceased using the marks, committed to disposing of existing stock by specific deadlines, and agreed to pay outstanding liabilities totaling over Rs 1.51 crores.
Interdigital Vc Holdings Inc v.Guangdong Oppo Mobile
The Plaintiffs filed a suit seeking a permanent injunction against the Defendants for infringing their patents related to the High Efficiency Video Encoding (HEVC/H.265) standard. The Plaintiffs also seek to add further patents and devices that may infringe their rights.
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