Rajiv Sahai Endlaw
90 IP cases indexed. Covers patent, design, trademark matters.
Cases Presided Over
90 cases indexed | Page 2 of 3
Biogen International Gmbh v.Jayesh Shah
The court passed an order disposing of several applications filed by both parties. The existing interim injunction was confirmed, and the defendant was permitted to sell their existing stock of 'DYFIRA' under specific conditions. This permission required the defendant to furnish a bank guarantee of Rs.30 lacs to secure potential damages.
Sugen Inc. v.K.V. Prakash & Ors
The petitioner (Decree Holder) filed an application alleging that the respondents (Judgment Debtors), including K.V. Prakash, SP Accure Labs Pvt. Ltd., and Accure Labs Pvt. Ltd., were violating a permanent injunction decree by making, selling, or dealing in products infringing Indian Patent No. 209251. The petitioner specifically cited the marketing of medicines named SUNIT 50 and SPUNIT 25. The court directed JD No.1 to appear in person for further inquiry.
Hindustan Unilever Limited v.Eureka Forbes Limited & Anr
This order addressed preliminary issues in an infringement suit. The court noted that a registered design holder is entitled to sue another registered holder if there is infringement, and suggested this principle should apply to patents as well. It was also informed that the plaintiff applied for patent grant earlier than the defendant.
Biofarma v.Bal Pharma Limited
The Delhi High Court dismissed Biofarma's suit against Bal Pharma Limited concerning passing off and trade dress infringement. The court found that the plaintiff could not claim exclusive rights over the term 'MEX' because it was an acronym ('Metformin Extended Release') derived from the principal drug ingredient, rendering it descriptive and publici juris in the pharmaceutical trade. Consequently, the defendant was permitted to continue using the mark without infringing on the plaintiff’s established brand.
Sun Pharmaceutical Industries Limited v.Systopic Laboratories Limited
The Delhi High Court allowed Sun Pharmaceutical Industries Limited to frame a new issue in its ongoing suit against Systopic Laboratories Limited. The core dispute involves the similarity between the trademarks 'STORVAS' and 'ORVAS'. Crucially, the court permitted the framing of an additional issue questioning the validity and potential cancellation of the defendant's trademark registration (No. 1328403). This decision was influenced by recent Supreme Court dicta emphasizing the necessity of addressing pleas of invalidity.
Insecticides (India) Limited v.Parijat Industries (India) Pvt Ltd
The Delhi High Court ruled in favor of Insecticides (India) Limited, granting a permanent injunction against Parijat Industries (India) Pvt Ltd for passing off. The court found that the defendant's use of 'VICTOR 80' was deceptively similar to the plaintiff's established mark 'VICTOR', despite arguments regarding prior use and registration complexities. This judgment reinforces the principle that prior user rights can prevail over subsequent adoption, even if the latter is claimed in good faith.
The Gillette Company Llc v.Tigaksha Metallics Private Ltd. & Anr
The Delhi High Court allowed the plaintiff, The Gillette Company Llc, to continue its existing interim injunction against the defendants regarding alleged trademark infringement and passing off. The court found that the balance of convenience favored the plaintiff due to their prior use of the mark compared to the defendants' recent adoption. This decision maintains the status quo while the main suit proceeds, though the plaintiff must compensate the defendant for any losses incurred if they ultimately fail in the litigation.
Eih Ltd. v.Sahana Realty Pvt. Ltd.
The Delhi High Court addressed challenges to the court's territorial jurisdiction in a trademark infringement dispute brought by EIH Ltd. against Sahana Realty Pvt. Ltd. The plaintiffs alleged that the defendants' use of 'THREE SIXTY WEST' and 'OBEROI' infringed their established luxury brand rights. The court ultimately dismissed the applications challenging its jurisdiction, affirming that the cause of action arose within Delhi due to consumer confusion and business activities in the region.
Rohit Singh & Anr v.Apple Inc.
The Delhi High Court addressed the trade mark dispute between Rohit Singh and Apple Inc. concerning the term 'SPLITVIEW.' The plaintiffs sought permanent injunctions against Apple, alleging passing off due to the use of a deceptively similar feature name in its operating systems. While the court dismissed an interim injunction request, it proceeded to frame six detailed issues for trial, focusing heavily on whether the term is merely descriptive, who has prior usage rights, and if the plaintiffs' mark has acquired distinctiveness.
Vega Auto Accessories (P) Ltd. v.S.K. Jain Bros. Helmet (I) Pvt. Ltd.
Vega Auto Accessories filed a suit seeking permanent injunction against S.K. Jain Bros. Helmet for infringing its registered design related to helmets. The court examined whether the features of the defendant's helmet were substantially similar to the plaintiff's protected design. After detailed comparison, the High Court found that the defendant's product was an obvious imitation, thus confirming the ad-interim injunction in favor of Vega Auto Accessories.
Rajesh Kalra v.Safeops. Surgical Care & Anr
Rajesh Kalra filed a suit seeking permanent injunction against Safeops. Surgical Care and others for infringing his registered design of 'Pre-Cut Eye Drape'. The plaintiff claimed novelty in the unique shape and configuration, which included a pre-cut aperture for surgical use. However, the Delhi High Court ultimately dismissed the suit, finding that the core feature—the pre-cut aperture—was purely functional and dictated by utility rather than aesthetic appeal.
Societe Des Produits Nestle S.A & Anr v.Shree Shankeshwar Utensils & Appliances Pvt Ltd
The Delhi High Court allowed Nestle's application seeking a stay of its trademark infringement suit against Shree Shankeshwar Utensils. The core issue was whether filing a rectification petition before the Intellectual Property Appellate Board (IPAB) regarding the validity of the 'MAGGISUN' mark required prior permission from the Civil Court, even while the main suit was pending. Citing Supreme Court precedents, the court held that approaching the IPAB for rectification is an independent statutory right and does not require leave from the civil court. Consequently, the infringement proceedings were stayed until the IPAB decides on the validity of 'MAGGISUN'.
Unilin Beheer B.V. v.Balaji Action Buildwell
The dispute involved a suit for patent infringement filed by Unilin Beheer B.V. against Balaji Action Buildwell. The defendant sought a stay of proceedings, arguing that they had initiated revocation proceedings before the IPAB under Section 64 of the Patents Act, 1970. The court addressed the issue of concurrent jurisdiction and granted liberty to the defendant to withdraw the IPAB proceedings and file a Counter-Claim in the suit.
Zenner International Gmbh & Co Kg And Anr v.Anand Zenner Company Pvt Ltd
The plaintiffs filed a suit for permanent injunction against infringement and passing off concerning the trade mark 'Zenner'. The defendant challenged the territorial jurisdiction and the applicability of Section 134 of the Trade Marks Act. Ultimately, the court dismissed the suit because the plaintiffs failed to lead any evidence despite repeated opportunities.
Abbott Healthcare Pvt Ltd v.Raj Kumar Prasad & Ors
The Delhi High Court addressed an application by the plaintiff seeking a stay of infringement proceedings while rectification/cancellation proceedings against the defendant's trademark were pending. The court ruled that Section 124 of the Trade Marks Act requires the issue of invalidity to be formally raised and framed in the suit before a stay can be granted. Since the plaintiff failed to press this issue during the framing of issues, the application was dismissed, emphasizing procedural adherence over subsequent actions.
Maja Cosmetics & Anr v.Oasis Commercial Pvt. Ltd.
Maja Cosmetics filed a suit alleging that Oasis Commercial Pvt. Ltd. was infringing its registered trademark 'VI-JOHN' in relation to alcoholic beverages. The court ultimately found that the defendant's use of 'V-JOHN' was deceptive and infringed upon the plaintiff's mark, passing a decree in favor of Maja Cosmetics.
Abbott Healthcare Pvt Ltd v.Raj Kumar Prasad & Ors
The Delhi High Court addressed an application by the plaintiff seeking a stay of infringement proceedings while rectification/cancellation proceedings against the defendant's trademark were pending. The court ruled that Section 124 of the Trade Marks Act requires the issue of invalidity to be formally raised and framed in the suit before a stay can be granted. Since the plaintiff failed to press this issue during the framing of issues, the application was dismissed, emphasizing procedural adherence over subsequent actions.
Bayer Corporation v.Union Of India & Ors
Bayer challenged Natco's (and Alembic's) exports of SORAFENIB/SORAFENAT, which were covered by a Compulsory Licence, arguing these exports infringed the patent. The core legal question was whether Section 107A allowed for such exports for regulatory purposes.
Bayer Corporation v.Union of India
The dispute centered on whether Natco Pharma Limited (Natco) and Alembic Pharmaceuticals Ltd. could export products covered by compulsory licenses, specifically SORAFENAT/SORAFENIB, for regulatory development purposes outside India. Bayer challenged these exports, arguing they infringed the patent or violated the terms of the Compulsory Licence. The court ultimately held that non-patentee companies cannot be deprived of exercising rights under Section 107A merely because a compulsory license was granted.
Kent Ro Systems Ltd v.Amit Kotak
Kent Ro Systems Ltd filed a suit alleging that Defendant No. 1 was manufacturing and selling water purifiers whose design infringed upon their registered designs. The plaintiffs also sought relief against the online marketplace, eBay (Defendant No. 2), for facilitating this infringement. While the court granted an injunction in favor of Kent Ro Systems against the manufacturer, it ultimately declined to impose proactive screening or vigilance duties on the e-commerce intermediary, citing that such a requirement would be an unreasonable interference with its business rights.
Qrg Enterprises & Anr. v.Hpl (India) Limited & Ors.
The Delhi High Court decreed a trademark dispute between Qrg Enterprises and HPL (India) Limited based on a comprehensive settlement agreement. The court upheld the plaintiffs' proprietary rights in the 'HAVELLS/HAVELL'S' mark, granting permanent injunctions against the defendants. Crucially, the judgment clarified that since the defendant's name change was mandated by the decree and not voluntary, they would not be bound by the proviso to Section 12(3) of the Companies Act, 2013, ensuring the settlement's enforceability.
Mehra Cosmetics v.Ram Kumar Gulati & Ors.
The Delhi High Court granted an interim injunction favoring Mehra Cosmetics against Ram Kumar Gulati & Ors. The court found that the defendants were attempting to pass off their goods as those of the plaintiff by using a deceptively similar mark ('BLUE CHEF' vs 'BLUE CLIFF'). Despite arguments regarding the unregistered status of the plaintiff's trademark and procedural issues, the court ruled that the similarity in sound and appearance constituted passing off. The defendants were ordered to cease using the infringing mark and change labels on their existing stock.
M/S Bright Enterprises Private Limited & Anr v.Mj Bizcraft LLP & Anr
The Delhi High Court dismissed a trademark infringement and passing off suit filed by M/S Bright Enterprises Private Limited against MJ Bizcraft LLP. The plaintiffs sought an injunction to prevent the use of 'PRIVEE' due to similarity with their mark 'MBD PRIVE'. However, the court found that the plaintiffs failed to establish that the generic word had acquired a secondary meaning specific to them in the hotel industry. Given the lack of evidence supporting distinctiveness and the principles allowing for summary dismissal of doomed suits, the suit was dismissed.
Mip Metro Group Intellectual Property GmbH & Co. KG v.Westfield Retail Pvt. Ltd.
The Delhi High Court addressed an application by the defendant seeking rejection of the plaint on grounds of lack of territorial jurisdiction. The court partially allowed this application, rejecting the plaintiff's claim regarding 'passing off.' However, it declined to reject the suit entirely concerning trademark infringement, allowing the matter to proceed to trial. This decision sets up key issues regarding both jurisdiction and locus standi for the plaintiff.
Societe Des Produits Nestle S.A. v.Essar Industries
In this trademark infringement suit concerning the 'MAGGI' brand, the Delhi High Court addressed applications regarding evidence submission. While rejecting a major application by the defendants to introduce extensive new documentation due to concerns over trial delay and adherence to Commercial Courts Act principles, the court did allow the defendants to summon witnesses for documents that had previously been shared with the plaintiffs. This ruling emphasizes judicial caution against late-stage document filing in commercial disputes.
Staar Surgical Company v.Polymer Technologies International & Ors
The Delhi High Court dismissed Staar Surgical Company's suit against Polymer Technologies International, which alleged passing off of intraocular lenses. The court found that the defendant's current trademark, 'EYEPCL,' was entirely distinct and not deceptively similar to the plaintiff's brand name, 'VISIAN ICL.' Despite previous interim injunctions granted on a different mark used by the defendants, the court ruled that the new mark failed to meet the test of confusion, especially considering the specialized nature of the medical goods.
Ok Play India Limited v.Mayank Aggarwal & Ors
Ok Play India Limited filed a suit alleging infringement of its intellectual property rights—including trademark 'OK PLAY', copyrights in drawings, and common law design rights—against several defendants for manufacturing and selling deceptively similar toys. The core legal dispute revolved around whether the plaintiff could assert IP rights over their toy designs without formal registration under the Designs Act. The court ultimately ruled that since the plaintiff had not obtained design registration, they were unable to secure interim injunctions against the alleged infringement.
Bayer Corporation v.Union Of India And Others
Bayer Corporation appealed an order allowing Nacto Pharma Ltd. (NPL), a compulsory licensee, to export its product 'Sorafenat' outside India for clinical trials. Bayer alleged this violated the terms of the compulsory license granted under Section 84 of the Patents Act, 1970. The court directed that instead of deciding the appeal on merits, the underlying writ petition be disposed of expeditiously by impleading relevant regulatory authorities.
The Delhi Network Of Positive People v.Union Of India
This Public Interest Litigation (PIL) challenged the practice of pharmaceutical companies abusing Section 16 of the Patents Act, 1970. The petitioner argued that filing identical divisional patent applications was used to keep patents alive and obstruct access to affordable medicines, particularly ARVs for HIV/AIDS patients. While acknowledging the merit in the grievance regarding process abuse, the court ultimately held that it could not issue directions requiring the Executive to amend statutory rules or interfere with the domain of administrative procedure, instead directing the respondents to consider rule amendments as a representation.
Maj. (Retd.) Sukesh Behl & Anr. v.Koninklijke Phillips Electronics
The respondent (Koninklijke Phillips Electronics) sued for permanent injunction against the appellants (Maj. Sukesh Behl & Anr.) regarding infringement of Patent No. 218255. The defendants filed a counter-claim seeking revocation based on the plaintiff's failure to disclose foreign patent applications as required by Section 8 of the Patents Act, 1970. The High Court dismissed the appeal, holding that the omission was not an unequivocal admission of deliberate suppression and thus revocation is not automatic.
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