Prathiba M. Singh
474 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
474 cases indexed | Page 15 of 16
Bristol Myers Squibb Holdings Ireland Unlimited Company v.Angle Bio Pharma
The Plaintiffs filed a suit seeking an injunction against Defendant No.1 for infringing their patented pharmaceutical preparation 'APIXABAN'. The Plaintiffs alleged that Defendant No.1 was advertising and selling the product through various platforms including Indiamart and Tradeindia. The Court granted an ex parte ad interim injunction restraining Angle Bio Pharma from manufacturing or selling APIXABAN without authorization, and directed the intermediary websites to take down the listings.
Kamdhenu Limited v.Raghunath Virdharam Bishnoi And Ors
The Delhi High Court issued stringent directions in favor of Kamdhenu Limited regarding the illegal use of its trademark 'Kamdhenu' by various defendants. The court recognized that the defendants were using infringing domains and bank accounts to impersonate the plaintiff and defraud customers. Consequently, the court ordered domain registrars (GoDaddy), telecom providers, and banks to disclose KYC details of the involved parties. Furthermore, it mandated investigations into the identified individuals and mobile numbers to curb ongoing trademark infringement.
Merck Sharp And Dohme Corp v.Actis Generics Pvt Ltd
The suit involved a dispute over Indian Patent No. 209816, which covers Sitagliptin for diabetes treatment. The parties amicably resolved their disputes through a settlement agreement dated March 15, 2022.
Vivo Mobile Communication Co Ltd v.Mr Jitendra Kumar Tiwari Trading As Maa Vaishnavi Chemicals
The Delhi High Court confirmed the existing ad-interim ex-parte injunction in favor of Vivo Mobile Communication Co Ltd against Mr. Jitendra Kumar Tiwari Trading As Maa Vaishnavi Chemicals. The court found that the use of the 'VIVO' mark by the defendant, especially in similar logo forms, would cause confusion and dilution given Vivo's extensive global and domestic use of the trademark. Furthermore, the court allowed Vivo to file evidence supporting its claim that the VIVO marks are well-known trademarks in India.
Micro Labs Limited v.The Controller Of Patents & Anr
The case involves a revocation petition filed by Micro Labs Limited against the patent granted to Bristol-Myers Squibb for a pharmaceutical compound used as an anticoagulant. The court granted an interim injunction restraining Micro Labs from manufacturing and selling the product covered by the patent.
Octave Apparels v.Nirmal Kumar Trading As Apricot Fashion Alloy & Anr.
The Delhi High Court addressed a petition seeking rectification of a trademark registration ('METTLE') and simultaneously considered a related injunction suit. Recognizing the identical issues and parties, the court exercised its power under Section 24 CPC to transfer the pending commercial suit from the District Court to be tried alongside the present rectification petition in the High Court. This consolidation streamlines the legal process for both parties involved.
M/S Ayush Aqua System v.Union Of India
The Delhi High Court allowed the appeal filed by M/S Ayush Aqua System against the rejection of its trademark 'ZENKO' in Class 11. The court found that despite a cited mark ('ZENCO') existing for related goods, the goods applied for were sufficiently distinct. Consequently, the application was directed to be advertised before acceptance, provided the appellant restricts itself to the applied-for goods and does not manufacture products covered by the cited mark.
Emd Millipore Corporation v.Assistant Controller Of Patents And Designs
Emd Millipore Corporation appealed a decision by the Controller of Patents, Chennai, which rejected its patent application (No. 1026/DEL/2012). The High Court first condoned the delay in filing the appeal and subsequently listed the matter for further hearing to determine if the invention has been put to commercial use.
Nokia Technologies Oy v.Vivo Mobile Communication Co Ltd & Ors.
The plaintiff, Nokia Technologies Oy, filed a suit seeking permanent injunction against the defendants (Vivo Mobile Communication Co Ltd & Ors.) for infringement of Patent No. 259932 ("ARRANGING HANDOVER") by various mobile devices. The court addressed applications regarding adding new claims and devices during the pendency of the suit.
Mrs. Anugya Gupta v.Mr. Ajay Kumar & Anr.
This Delhi High Court order addresses a dispute concerning the use of the trademark 'SARKARI RESULT' and associated domain names. The core issue revolves around establishing who is the prior adopter and user of the mark by comparing the actions of the Plaintiff and Defendants. The court has listed the matter for further hearing, indicating that the substantive determination of rights remains pending.
Sterlite Technologies Limited v.Hfcl Limited
The case involves a suit seeking an injunction against HFCL Limited for allegedly infringing on Sterlite Technologies' patent related to optical fiber cables. The plaintiff seeks to restrain the defendant from manufacturing and selling the infringing products.
The Chartered Institute Of Taxation v.Institute Of Chatered Tax Advisers Of India Ltd
The Delhi High Court allowed an appeal filed by The Chartered Institute Of Taxation against a lower court's dismissal of its interim injunction application regarding the trademark 'ADIT'. The Court found that the Respondent, Institute of Chartered Tax Advisers of India Ltd., was likely to cause enormous harm by using a similar name and mark. Consequently, the High Court set aside the impugned order and directed that the Defendant must refrain from launching any course under the name 'ADIT' while the main suit is pending.
SNPC Machines Private Limited v.Pankaj Rana
SNPC Machines Private Limited filed a suit seeking permanent injunction against infringement of its patents, copyright, and misappropriation of trade secrets related to a brick-making machine. The parties subsequently reached an amicable settlement, which was recorded by the Court.
Communication Components Antenna Inc v.Ace Technologies Corp. And Ors.
The plaintiff filed a suit seeking permanent injunction and damages for infringement of its Indian Patent No. 240893, titled 'Asymmetrical Beams for Spectrum Efficiency'. The court issued directions regarding bank guarantees and continuous cash deposits from the defendants to secure the claims during the pendency of the suit. The matter remains pending trial.
Sterlite Technologies Limited v.Hfcl Limited
The case involves a suit filed by Sterlite Technologies Limited against HFCL Limited for the infringement of their patent related to an optical fiber cable. The plaintiff seeks a permanent injunction to restrain the defendant from manufacturing and selling the allegedly infringing products.
Enlearn Education Pvt. Ltd. v.Indian Heritage School
The Delhi High Court granted interim relief to Enlearn Education Pvt. Ltd., who alleged that the defendant was infringing on their established use of the mark 'HERITAGE' in the education sector. The court found a prima facie case for confusion among students and parents due to the similarity of marks used by both parties. Consequently, the Defendants were restrained from opening any new educational institutions using 'INDIAN HERITAGE' or 'HERITAGE', and were ordered to cease using the name 'Indian Heritage World School' for their existing pre-school starting May 1, 2022.
Khadi & Village Industries Commission v.Raman Gupta And Others
The Delhi High Court granted an interim injunction in favor of Khadi & Village Industries Commission against Raman Gupta and others. The court found that the defendants were illegally using the registered trademark 'KHADI' and associated logos, particularly for medical products like PPE kits and hand sanitizers under the trading style 'KHADI BY HERITAGE'. Given the potential risk to public health due to unauthorized quality control, the court restrained the defendants from manufacturing or selling any such products bearing the infringing marks.
Thyssenkrupp Rothe Erde Germany Gmbh v.The Controller Of Patents & Anr
The petitioner filed a petition seeking the revocation of Indian Patent No. IN254458 before the Delhi High Court. The contesting respondent raised objections regarding the court's jurisdiction, arguing that the patent was granted in Chennai and an earlier revocation petition had already been filed before IPAB, Chennai.
Eris Lifesciences Limited v.Controller Of Patents & Anr.
Eris Lifesciences Limited filed a revocation petition challenging Patent No. IN 243301, arguing that it should be revoked because the claims were covered by an earlier genus patent (IN 227719). The Delhi High Court noted that another appeal concerning the same patent was already pending before the court. Consequently, the court directed both parties to serve notices upon each other and listed the matter together with the existing appeal for a hearing on April 6, 2022.
Kores (India) Limited v.Doms Industries Private Limited
The Delhi High Court addressed a petition challenging an order that rejected the request to frame additional issues in a trademark infringement suit. The core dispute involved whether Kores' product infringed Doms' registered trademarks for 'DOMS NEON' pencils. While acknowledging the defendant's need to challenge the validity of the registrations, the court ultimately upheld the Commercial Court's decision regarding the immediate framing of additional issues, noting that all issues related to trademark validity must be dealt with by a specialized Tribunal (under Section 124 of the Trademarks Act) and not the civil court.
Hamlai Industries Pvt Ltd. v.WD 40 Manufacturing Company
This Delhi High Court order addresses an appeal filed by Hamlai Industries challenging an ex parte injunction granted in a trademark dispute. The court noted the Appellants' claims regarding suppressed correspondence and prior international registrations, arguing that the initial injunction should be suspended. However, before deciding on the merits of the stay application, the court issued directions to both parties, requiring the Appellants to disclose detailed sales and import figures since 2010, and the Plaintiff to provide the complete records from the Trial Court.
Vishal Pipes Limited v.Bhavya Pipe Industry
In this trademark infringement matter, the Delhi High Court addressed several procedural issues while advancing the main dispute between Vishal Pipes Limited and Bhavya Pipe Industry. The court allowed an application for a Local Commissioner, who was tasked with visiting the defendant's premises to inventory all products bearing the 'BPI' mark and obtain relevant sales accounts. Furthermore, the court issued notice to the defendant regarding the interim injunction request, reserving the final decision for a later date.
Cars24 Services Pvt. Ltd. v.Girnarsoft Automobiles Private Limited
This Delhi High Court order addresses an ongoing dispute regarding the use of the 'Cars24' trademark in Google AdWords. The Plaintiffs sought to press applications for vacation of a previously granted interim injunction, which restrained Defendants from using or purchasing deceptively similar marks as keywords. The court noted that while cross-undertakings were in place, the core issues required a full hearing on merits. Consequently, the matter was listed for further arguments and case compilations.
Sulphur Mills Limited v.Dharmaj Crop Guard Limited & Anr.
The suit alleged infringement of Plaintiff's patent (IN'429) related to a novel agricultural composition used as a fertilizer. The Plaintiff claimed that Defendant No.1 was manufacturing and selling infringing products under brand names 'SUFFAR 90' and 'COZY WET 90 WDG'.
Dharmendra Kumar Aggarwal v.Govt. Of Nct Of Delhi Through The Secretary & Anr.
This petition addressed the critical issue of supply and availability of the drug Tocilizumab 400 MG (Actemra) for COVID-19 patients in Delhi. The court examined submissions from Roche India, which indicated that global demand far exceeded current manufacturing capabilities. While Roche mentioned partnerships with other entities to meet demand, they provided no clear assurance regarding further supply to India. Consequently, the court issued detailed directions to both Roche and the Union of India to provide comprehensive affidavits on supply chain status, patent details, and potential alternatives.
Shogun Organics Ltd v.Gaur Hari Guchhait & Ors
The case involves a patent infringement dispute where the Plaintiff was granted a permanent injunction and compensation for loss of profits. The Defendants were directed to render accounts of profits and pay a specified amount to the Plaintiff.
Shogun Organics Ltd v.Gaur Hari Guchhait & Ors.
The suit was originally filed by Shogun Organics Ltd seeking permanent injunction against infringement of its process patent (IN236630) related to D-TRANS ALLETHRIN. The current application sought permission to sell existing manufactured stock prior to the final judgment. The court allowed the sale but directed the defendants to pay 5% of the sales value and deposit costs.
Radico Khaitan Limited v.Union Of India & Anr
This Delhi High Court judgment addresses a dispute over the exclusive use of the geographical name 'GOA' in relation to gin. Following a partial rectification by the Intellectual Property Appellate Board (IPAB), which limited exclusivity only to the label mark, Radico Khaitan Limited challenged this decision. The court issued an interim order staying the IPAB's judgment, clarifying that the partial rectification does not grant public domain status to the word 'GOA,' thereby protecting the petitioner's statutory rights against third-party misuse.
Lupin Ltd. v.Union Of India And Ors.
Lupin Ltd. challenged the NPPA's stance that it should have sought prior permission before launching an FDC drug (Empagliflozin and Metformin Hydrochloride), relying on a product patent exemption under Para 32(i) of DPCO, 2013. The court recognized the legal ambiguity regarding whether prior approval or mere intimation is required to avail this exemption.
S K Cosmetics v.The Controller General Of Patents, Designs and Trade Marks
The Delhi High Court addressed a challenge filed by S K Cosmetics against the Trademark Registry's changes in online records. The core issue was whether filing Forms TM-33 or TM-34 could unilaterally change the ownership of a registered trademark. The court clarified that these forms are strictly for changing descriptions or addresses, not for transferring proprietary rights. Any change in ownership must be processed through the appropriate assignment form (TM-P), ensuring due process and allowing interested parties to object.
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