Prathiba M. Singh
475 IP cases indexed. Covers patent, trademark, copyright matters.
Cases Presided Over
475 cases indexed | Page 4 of 16
S3G Technology Llc v.Sourcetrace Systems India Private
The Plaintiff filed a suit seeking a permanent injunction against the Defendants for infringing Indian Patent No. 328489. The parties later entered into a settlement agreement, leading to the dismissal of the suit.
Insecticides (India) Limited v.Anu Products Limited
Insecticides (India) Limited filed a suit seeking permanent injunction against the infringement of its patent (IN 316801), which covers an insecticidal composition. The parties subsequently entered into a settlement agreement via mediation, leading to the court decreeing the suit based on the agreed terms.
Himalaya Wellness Company & Ors. v.Prk Productions Llp
Himalaya Wellness Company filed a suit alleging trademark infringement against Prk Productions LLP over the use of 'VIMALAYA' in their film 'Aachar & Co.' The Plaintiffs argued that this usage distorted their established brands like 'HIMALAYA', 'Liv.52', etc., causing consumer confusion. Despite initial denials by the Defendant, the Court found strong evidence supporting the similarity and registered trademarks of the Plaintiff. Consequently, the suit was formally registered, and summons were issued to compel the Defendant to appear and defend the allegations.
Tibra Collection v.Fashnear Technologies Private Limited & Ors.
Tibra Collection filed suit against several unauthorized sellers operating on the Meesho platform (run by Fashnear Technologies Private Limited) for copyright infringement and passing off. The Plaintiff alleged that Defendants were selling counterfeit garments that copied their designs and misusing their copyrighted photographs. After initial interim injunctions, the parties reached a settlement agreement. The court subsequently decreed the suit against the infringing sellers (Defendants 2-6), formalizing the undertaking which included a payment of Rs. 10 lakh to Tibra Collection and permanent cessation of all infringing activities.
Natco Pharma Limited v.Bristol Myers Squibb Company And Anr
The matter involved Natco Pharma Limited and Bristol Myers Squibb Company regarding Indian Patent No. IN 247381, which covers Factor Xa Inhibitors used in the pharmaceutical preparation APIXABAN. The parties amicably settled their disputes via an agreement dated August 8, 2023.
Sun Pharma Laboratories Limited v.Hetero Healthcare Limited And Anr
In a complex trademark dispute, Sun Pharma sought permanent injunction against Hetero Healthcare regarding the alleged infringement of its mark 'LETROZ' by 'LETERO'. The court allowed the Defendants to challenge the validity of Sun Pharma's marks through a rectification petition under Section 57. Crucially, the court clarified that while invalidity can be challenged, the primary suit for passing off will proceed independently, leading to framing of multiple issues covering both infringement and validity.
M/S Malhotra Book Depot v.M/S Mbd Industries And Anr.
Malhotra Book Depot filed a suit against Mbd Industries, alleging trademark infringement and passing off due to the Defendant's use of the deceptively similar mark 'MBD' for non-metallic building materials. The Plaintiff held multiple registrations for 'MBD' across various classes related to publishing. During mediation, the parties agreed that the Defendants would change their mark to 'JMVD'. Consequently, the court disposed of all pending interim injunction applications, allowing the Defendants to continue operating under the new mark.
Google Llc v.The Controller Of Patents
Google LLC appealed a refusal order by the Assistant Controller of Patents & Designs regarding its patent application 'Managing Instant Messaging Sessions on Multiple Devices'. The refusal was based on lack of novelty and inventive step citing prior art. The court directed that an IPO official must be present for further hearings to address these technical objections.
Janssen Schiences Ireland Uc v.Controller Of Patents
Janssen Schiences Ireland Uc appealed the refusal of a patent application for 'Prevention of HIV- Infection with TMC278' by the Deputy Controller of Patents. The appeal challenged the grounds of lack of inventive step and non-patentability due to mere admixture. However, the appellant subsequently decided to withdraw the present appeal.
Ischemix Llc v.The Controller Of Patents
Ischemix LLC appealed a refusal of its patent application, which covered an isomer used to treat ischemia. The refusal was based on Section 3(d) of the Patents Act, 1970, requiring demonstration of 'enhanced therapeutic efficacy.' The court acknowledged the strict interpretation required by law but noted that the Patent Office had failed to consider various supporting data provided by the applicant. Consequently, the High Court directed the record back to the Patent Office for re-examination and final adjudication within a stipulated timeframe.
Retail Royalty Company & Anr. v.Garvit Khandelwal, Trading As Ektarfa Garments & Ors
The Delhi High Court ruled in favor of the Plaintiffs, Retail Royalty Company & Anr., against Garvit Khandelwal (Ektarfa) for trademark infringement involving 'American Eagle' apparel. Despite the defendant claiming lack of knowledge and offering a settlement, the court found him liable due to his previous conduct as an infringer. The suit was decreed with a permanent injunction and an award of Rs. 3,00,000/- in damages.
Reckitt Benckiser (India) Private Limited v.Sauss Home Products Private Limited
This Delhi High Court order addresses a complex trademark dispute between Reckitt Benckiser and Sauss Home Products concerning the 'Robin Bird' device mark. The core issue revolves around establishing who is the prior adopter or owner of the distinctive mark and artistic work used on their respective products. The court has directed both parties to file comprehensive evidence, including marketing materials and advertisements, to substantiate their claims of priority. Furthermore, several applications regarding territorial jurisdiction, stays, and cancellation petitions are pending, indicating a multi-faceted legal battle.
Perfetti Van Melle S.P.A v.M.G Products / M.G Food Product
Perfetti Van Melle S.P.A filed a cancellation petition seeking rectification of a specific copyright registration (A-79261/2007) held by M.G. Products. The court examined the matter in light of a prior civil suit that had been decreed based on a settlement agreement dated October 31, 2012. This settlement explicitly included the Respondent's agreement to cancel the impugned copyright registration. Consequently, the Delhi High Court directed the cancellation and expungement of the registration from the Register of Copyrights.
Blackberry Limited v.Controller Of Patents And Designs
Blackberry Limited appealed the rejection of its patent application (1519/DELNP/2005) by the Assistant Controller of Patents & Designs. The appeal was ultimately disposed of by the Delhi High Court because the life term of the patent application had expired during the pendency of the appeal.
M/S Sachdeva And Sons Industries Ppvt Ltd v.M/S Jivan Ram And Sons
This matter involved a rectification petition filed by M/S Sachdeva And Sons Industries Ppvt Ltd against the Copyright registration held by M/S Jivan Ram And Sons for an artistic work titled 'PYARI'. The petitioner sought to challenge this copyright based on its own registered Trademark, 'PARI'. However, due to repeated failures of the Petitioner to appear in court and difficulties in serving notices, the Delhi High Court ultimately dismissed the rectification petition for non-prosecution.
Exide Industries Ltd / Chloride Group Limited v.Vertiv Company Group Limited / R.G. Kapadia & Others
The Delhi High Court decreed two consolidated suits concerning the trademark 'CHLORIDE' after the parties reached a comprehensive settlement. The dispute involved Exide Industries Ltd (and Chloride Group Limited) against Vertiv Company Group Limited regarding the unauthorized use of the mark on UPS products. Under the terms of the settlement, Vertiv agreed not to use the 'CHLORIDE' trademark or its variants directly or indirectly, effectively resolving the long-standing infringement claims.
ITC Limited v.Godfrey Phillips India Limited & Anr
ITC Limited filed a Rectification Petition seeking the removal of the 'SUN FLAKE' trademark registration held by Godfrey Phillips India Limited. The petition, which also involved striking off certain paragraphs and documents from affidavits, was listed before the Delhi High Court on November 10, 2023. The court accepted notice and scheduled the matter for further hearing on November 21, 2023.
Rxprism Health Systems Private Limited v.Canva Pty Ltd & Ors
The Plaintiffs claim that the Defendants' product infringes their patent titled 'A system and a method for creating and sharing interactive content rapidly anywhere and anytime'. The Defendants were previously restrained from making the product available in the market.
Arcturus Therapeutics Inc v.Assistant Controller Of Patents And Designs
Arcturus Therapeutics Inc filed an appeal challenging the Assistant Controller's order refusing to grant a patent (IN'205) for 'Ionizable Cationic Lipid for RNA Delivery'. The refusal was based on non-submission of required data and pending claims.
M/S. Girnar Food & Beverages Pvt Ltd. v.The Registrar of Trade Marks and Ors.
The long-standing dispute between Goodricke Group Limited and M/S. Girnar Food & Beverages Pvt Ltd. regarding the use of the 'SUPER CUP' mark was amicably resolved by both parties. After multiple rounds in the Delhi High Court, including appeals to the IPAB and Supreme Court, the parties entered into a Co-Existence Agreement. Under this settlement, Girnar agreed to use 'Girnar Super Cup' for tea and other allied products, while Goodricke withdrew its suit and opposition claims. The court formally dismissed both the appeal and the original suit as withdrawn.
M/S Vajiram And Ravi IAS Study Centre LLP v.Sh. S.S Choudhary and Anr / M/s Vajirao & Reddy Institute Pvt. Ltd.
The Delhi High Court consolidated a suit for injunction (CS(COMM) 43/2019) against M/s Vajirao & Reddy Institute Pvt. Ltd. with a related trademark cancellation petition (C.O.(COMM.IPD-TM) 213/2022). The core dispute involves the use of similar marks ('VAJIRAO' vs 'VAJIRAM') by two coaching institutes for civil services examinations. By consolidating the trials, the court aims to prevent multiplicity and address whether the defendant's trademark registration is liable for cancellation.
M/S. M.L. Brothers Llp v.Uma Impact Private Limited
In a case concerning trade dress infringement, the Delhi High Court facilitated ongoing settlement talks between M/S. M.L. Brothers Llp and Uma Impact Private Limited. The court confirmed that the ad-interim injunction, previously limited to the trade dress of three specific products, would continue during the pendency of the suit. Both parties expressed willingness to resolve disputes amicably, with the Plaintiff proposing a decree based on the Division Bench's order while leaving the trademark dispute over the slogan 'BORN TO WIN' open for separate resolution.
Largan Precision Co Ltd v.Motorola Mobility India Pvt Ltd & Ors
The Plaintiff seeks a permanent injunction against the Defendant for infringement of Indian Patent No. IN 363203, which pertains to a 'Light Blocking Sheet, Imaging Lens Module and Electronic Apparatus'.
Kba Notasys Sa v.Controller General Of Patents, Designs and Trademarks And Anr
Kba Notasys Sa appealed the rejection of its patent application concerning a method and system for printing currency notes. The core dispute revolved around whether the prior art documents cited in the International Search Report (ISR) could be considered grounds for rejection during the appeal process. The court acknowledged the relevance of the ISR citations but directed the Respondent No. 2 to file written submissions on this specific point.
Heineken Asia Pacific Pte. Ltd. v.Mr. Vijay Keshav Wagh And Anr.
In a dispute over trademark rights, Heineken Asia Pacific Pte. Ltd. sought to cancel registrations held by Mr. Vijay Keshav Wagh concerning the 'TIGER' device logo. The Delhi High Court acknowledged the near identity between the marks used by both parties and issued an interim order. The court directed that status quo be maintained regarding the registration, preventing any transfer or assignment of the disputed trademarks until further hearing.
Hindustan Pencils Ltd. v.Puma Stationery Ltd. and Anr.
Hindustan Pencils Ltd. successfully secured a decree in its trademark infringement suit against Puma Stationery Ltd. and A.W. Faber-Castell (India) Ltd. The judgment was based on an amicable settlement where the defendant, A.W. Faber-Castell, formally acknowledged Hindustan Pencils' ownership of the trademarks 'PLASTO' and 'NON-DUST'. Crucially, the defendant agreed to cease using these marks in stationery products and withdraw pending opposition and rectification proceedings against the plaintiff’s rights.
Sachdeva And Sons Industries Private Limited v.Deputy Registrar Of Trade Marks
The Delhi High Court dismissed two appeals filed by Sachdeva And Sons Industries Private Limited challenging the Deputy Registrar's decision to allow TM-16 applications. These applications permitted the substitution of the trademark applicant's name in pending opposition proceedings, citing that allowing the change would not prejudice the opponents' rights. The court noted the Appellant's lack of appearance and concluded that since the impugned order only related to the name change and did not affect the merits of the final opposition, the appeals were dismissed.
Hero Electric Vehicles Private Limited & Anr. v.Mr. Aman Kumar & Ors.
The Delhi High Court addressed an interim application in a trademark infringement suit brought by the Hero Group against various defendants. The court upheld the previous injunction granted on June 1, 2022, which protected the Plaintiffs' trademarks ('Hero Electric', 'Hero') and related intellectual property. Specifically, the existing orders directing the disclosure of details for infringing domain names (like www.elctricbikedelearship.com) and freezing associated bank accounts were maintained throughout the pendency of the suit.
Strix Ltd v.Maharaja Appliances Limited
Strix Ltd filed a suit against Maharaja Appliances Limited alleging infringement of its patent (IN 192511/95) related to thermally sensitive overheat controls used in liquid heating vessels, specifically electric kettles. The defendant counter-claimed challenging the validity of the patent. Although the life of the patent had expired by the time of final judgment, the court found infringement and decreed the suit for damages and costs.
M/S. Cp Century Hardware Pvt. Ltd. v.Divyam Gupta
The Delhi High Court granted an interim injunction favoring M/S. Cp Century Hardware Pvt. Ltd. against Divyam Gupta, finding that the defendant was attempting to ride on the plaintiff's established trademark rights. The court recognized the substantial use and reputation of the 'CP CENTURY' mark in kitchen hardware products. Consequently, the defendant was restrained from using deceptively similar marks like 'CENTUARY PLUS/ACE CENTUARY PLUS' until the final hearing of the suit.
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