Judge Profile

S.J. Kathawalla

160 IP cases indexed. Covers patent, trademark matters.

Cases Presided Over

160 cases indexed | Page 1 of 6

patent defendant favorable · Mar 11, 2022

Resilient Innovations Private Limited v.PhonePe Private Limited

Bombay High Court · COMM. APPEAL (L) NO. 24917 OF 2021

This appeal challenged an order that allowed the plaintiff (PhonePe Private Limited) to withdraw its initial commercial IP suit concerning trademark infringement and passing off, while retaining the liberty to file a fresh suit. The appellant (Resilient Innovations Private Limited) argued this order was erroneous and not maintainable for appeal. The Bombay High Court ultimately dismissed the appeal, holding that the Impugned Order did not qualify as a 'decree' under the CPC, thereby ruling on the issue of maintainability.

patent defendant favorable · Mar 11, 2022

Resilient Innovations Private Limited v.Phonepe Private Limited

Bombay High Court · COMM. APPEAL (L) NO. 24917 OF 2021

Resilient Innovations Private Limited challenged an order passed by the lower court that allowed Phonepe Private Limited to withdraw its trademark infringement suit with liberty to file a fresh one. The Appellant argued this grant constituted a jurisdictional error and should be appealable. However, the Bombay High Court ultimately dismissed the appeal on the grounds of maintainability, holding that the Impugned Order was not a 'decree' under the CPC. While avoiding comment on the merits of the IP dispute, the court provided clarity on the legal effect of such withdrawal orders.

patent mixed · Nov 8, 2019

Glenmark Pharmaceuticals Ltd. v.Modi Mundipharma Beauty Products Private Limited

Bombay High Court · MNOB-COMIPL-1178-2019

In this interim application, Glenmark Pharmaceuticals sought clarification regarding a previous court order concerning the use of the trademark 'CANDID'. The Bombay High Court addressed the request by formalizing an undertaking from Defendant No. 1. This ruling reinforces the immediate injunctive relief against the defendant, requiring them to cease importing or distributing goods under the disputed mark while the main litigation proceeds.

patent mixed · Nov 8, 2019

Nippon Life Sciences Private Limited v.S. R. Life Science And Anr.

Bombay High Court · COMIP (L) NO. 470 OF 2019

The Bombay High Court addressed the ongoing ad-interim injunction in a trademark infringement suit concerning the mark 'EPILIGHT'. While the court noted that previous orders needed extension, it confirmed that the existing restraining order against the defendants for using deceptively similar marks would continue to operate until November 18, 2019. The matter was subsequently scheduled for further hearing.

trademark plaintiff favorable · Nov 7, 2019

Marico Limited v.Chandrakant Gholap

Bombay High Court · 921-NMCDL-2126-2019

The plaintiff, Marico Limited, filed a Notice of Motion seeking various reliefs against the defendant, Chandrakant Gholap. The court granted leave to the Plaintiff and further granted prayer clause (d) of the Notice of Motion, which sought an injunction against the Defendant for using counterfeit PARACHUTE trade marks or trade dress in relation to edible oil preparations and other FMCG goods.

trademark interim order · Nov 7, 2019

Marico Limited v.Chandrakant Gholap

Bombay High Court · 921-NMCDL-2126-2019 (Notice of Motion)

Marico Limited filed a Notice of Motion seeking leave and an interim injunction against Chandrakant Gholap regarding the use of the PARACHUTE trade mark and trade dress. The Court granted the leave sought by the Plaintiff and further granted the prayer for an interim injunction, restraining the Defendant from manufacturing or distributing packaging materials bearing the infringing trademark/trade dress.

trademark interim order · Nov 4, 2019

Kotak Mahindra Bank Limited v.Kotak LLC

Bombay High Court · 924-NMCD-31-2016

Kotak Mahindra Bank Limited filed a Notice of Motion against Kotak LLC alleging infringement and passing off concerning the registered trademark 'KOTAK'. The court granted temporary and permanent injunctions restraining the Defendant from using similar marks, names (like KOTAK LLC), apps (App KOTAK), and domain names (www.kotakapp.com) that are deceptive or identical to the Plaintiff's mark.

trademark plaintiff favorable · Jun 10, 2019

Hindustan Unilever Ltd. v.Meera Soap Works

Bombay High Court · 906-NMCDL-1207-2019

Hindustan Unilever Ltd. filed a suit against Meera Soap Works alleging infringement of its copyrighted artwork and passing off related to its SUNLIGHT detergent label. The Bombay High Court granted leave under the Letters Patent Act, decreed the suit, and issued perpetual injunctions.

trademark plaintiff favorable · May 30, 2019

Mahindra & Mahindra Limited v.Gnanasekaran Paramsivan Trading as Mahindra Lifts and Anr.

Bombay High Court · COMIP (L) NO. 581 OF 2019

Mahindra & Mahindra Ltd filed a suit against Gnanasekaran Paramsivan for infringement of its registered trademarks, copyright, and passing off related to the mark 'MAHINDRA' and domain name www.mahindralifts.com. The Bombay High Court disposed of the suit by decreeing the prayers in favor of the Plaintiff, granting perpetual injunctions and ordering the destruction of infringing goods.

trademark plaintiff favorable · May 30, 2019

Unilever Plc. v.Punjab Food Products

Bombay High Court · COMIP (L) NO. 597 OF 2019

Unilever Plc. filed suit against Punjab Food Products alleging infringement and passing off concerning its registered trade mark, FEAST. The Bombay High Court decreed the suit, granting perpetual injunctions against the defendant regarding the use of 'Choco FEAST' on frozen desserts. Furthermore, the Defendant was ordered to deliver up all infringing materials for destruction and agreed to pay Rs. 2 Lacs towards costs/damages.

trademark plaintiff favorable · May 27, 2019

Hindustan Unilever Limited v.Ahuvan Industries

Bombay High Court · COMMERCIAL IP SUIT (L) NO.573 OF 2019

Hindustan Unilever Limited filed a commercial IP suit against Ahuvan Industries alleging infringement of its copyright in the SUNLIGHT label artwork and passing off through the use of deceptively similar trade dress and label marks by the Defendant's product, MEJOL. The Bombay High Court granted leave to appeal and decreed the suit.

trademark plaintiff favorable · May 27, 2019

Unilever Plc v.Kanha Dairy and Food Products

Bombay High Court · COMMERCIAL IP SUIT (L) NO.598 OF 2019

Unilever Plc filed a commercial IP suit against Kanha Dairy and Food Products alleging infringement and passing off related to the 'FEAST' trademark. The court granted leave under the Letters Patent Act, decreed the suit in favor of Unilever, and issued perpetual injunctions against the defendant.

trademark plaintiff favorable · May 27, 2019

Unilever Plc v.Kanha Dairy and Food Products

Bombay High Court · COMMERCIAL IP SUIT (L) NO.598 OF 2019

Unilever Plc filed a commercial IP suit against Kanha Dairy and Food Products alleging infringement and passing off related to the 'FEAST' trade mark. The court granted leave, decreed the suit, and issued perpetual injunctions restraining the defendant from using the impugned mark on their ice-creams and frozen desserts.

trademark plaintiff favorable · May 27, 2019

Unilever Plc v.L. N. Ice Mill

Bombay High Court · COMMERCIAL IP SUIT (L) NO.589 OF 2019

Unilever Plc filed a commercial IP suit against L. N. Ice Mill alleging infringement and passing off concerning its registered trade mark, FEAST. The court granted leave under the Letters Patent Act and decreed the suit in favor of Unilever.

trademark plaintiff favorable · May 27, 2019

Hindustan Unilever Limited v.Ahuvan Industries

Bombay High Court · COMMERCIAL IP SUIT (L) NO.573 OF 2019

Hindustan Unilever Limited filed a commercial IP suit against Ahuvan Industries alleging infringement of its copyrighted artwork (SUNLIGHT) and passing off through the use of deceptively similar labels and trade dress (MEJOL). The Bombay High Court granted leave to appeal, decreed the suit in favor of the plaintiff, and issued perpetual injunctions.

trademark plaintiff favorable · May 27, 2019

Hindustan Unilever Limited v.Ahuvan Industries

Bombay High Court · COMMERCIAL IP SUIT (L) NO.573 OF 2019

Hindustan Unilever Limited filed a commercial IP suit against Ahuvan Industries alleging infringement of its copyrighted artwork and passing off related to its SUNLIGHT detergent brand. The court granted leave under the Letters Patent Act and decreed the suit, imposing perpetual injunctions on the defendant.

trademark plaintiff favorable · May 27, 2019

Unilever Plc v.Kanha Dairy and Food Products

Bombay High Court · COMMERCIAL IP SUIT (L) NO.598 OF 2019

Unilever Plc filed a Commercial IP Suit against Kanha Dairy and Food Products alleging infringement and passing off related to the 'FEAST' trademark. The court granted leave under the Letters Patent Act and decreed the suit, restraining the defendant from using the infringing mark and ordering the destruction of all related materials.

trademark plaintiff favorable · May 27, 2019

Unilever Plc v.L. N. Ice Mill

Bombay High Court · COMMERCIAL IP SUIT (L) NO.589 OF 2019

Unilever Plc filed a commercial IP suit against L. N. Ice Mill alleging infringement and passing off related to its trade mark 'FEAST'. The court granted leave under the Letters Patent Act and decreed the suit, issuing perpetual injunctions against the use of the impugned mark 'CHOCO FEAST' and ordering the destruction of infringing materials.

trademark plaintiff favorable · May 27, 2019

Unilever Plc v.L. N. Ice Mill

Bombay High Court · COMMERCIAL IP SUIT (L) NO.589 OF 2019

Unilever Plc filed a commercial IP suit against L. N. Ice Mill alleging infringement and passing off related to its trade mark 'FEAST'. The court granted perpetual injunctions restraining the defendant from manufacturing or selling products under the impugned mark 'CHOCO FEAST' or any deceptively similar mark, and ordered the destruction of all infringing materials.

trademark plaintiff favorable · May 24, 2019

Rallis India Limited v.Rallis Pharmaceuticals & Anr.

Bombay High Court · COMIP (L) NO. 494 OF 2019

Rallis India Limited filed a suit against Rallis Pharmaceuticals & Anr. alleging infringement and passing off related to the use of the trade mark 'RALLIS' in medicinal preparations, website domains, and business names. The court decreed the suit, granting perpetual injunctions against the defendants and ordering them to transfer the infringing domain name.

trademark plaintiff favorable · May 24, 2019

Unilever Plc v.Deluxe Ice Cream Factory

Bombay High Court · COMIP (L) NO. 583 OF 2019

Unilever Plc filed a suit against Deluxe Ice Cream Factory alleging infringement and passing off related to its well-known trademarks, specifically FEAST and CORNETTO. The court granted perpetual injunctions restraining the defendant from using deceptively similar marks like CHOCO FEAST, CONATTO, and CONETO in relation to ice creams and frozen desserts.

trademark plaintiff favorable · May 21, 2019

Hindustan Unilever Limited v.Halberd Chemicals

Bombay High Court · COMMERCIAL IP SUIT (L) NO. 560 OF 2019

Hindustan Unilever Limited filed a suit against Halberd Chemicals alleging infringement of its copyrighted artistic packaging/trade dress, registered trademarks (Nos. 1486109, 1780462, 1486107), and passing off using its well-known logo. The Bombay High Court decreed the suit in favor of the Plaintiff.

trademark plaintiff favorable · May 21, 2019

Hindustan Unilever Limited v.Halberd Chemicals

Bombay High Court · COMMERCIAL IP SUIT (L) NO. 560 OF 2019

Hindustan Unilever Limited filed a commercial IP suit against Halberd Chemicals alleging infringement of its copyrighted artistic packaging/trade dress and registered trademarks. The Bombay High Court granted leave under the Letters Patent Act and decreed the suit, granting perpetual injunctions against the defendant for infringing these rights and passing off.

trademark plaintiff favorable · May 20, 2019

Unilever Plc. v.Masqati Dairy Products

Bombay High Court · 910-NMCDL-1242-2019

Unilever Plc. filed a commercial IP suit against Masqati Dairy Products regarding the alleged infringement and passing off related to its registered trade mark 'FEAST'. The court granted leave under Clause XIV of the Letters Patent Act and decreed the suit in favor of Unilever.

trademark plaintiff favorable · May 20, 2019

Unilever Plc. v.Masqati Dairy Products

Bombay High Court · 910-NMCDL-1242-2019

Unilever Plc. filed a commercial IP suit against Masqati Dairy Products alleging infringement and passing off related to its trade mark 'FEAST'. The court granted leave and decreed the suit, restraining the defendant from using the similar mark 'CHOCO FEAST' in relation to frozen desserts.

patent mixed · May 15, 2019

Dayco Ip Holdings Llc v.Mago Gurupriit S, Prop. Jay Kay International

Bombay High Court · 925-NMCDL-2294-2018

The Bombay High Court addressed a Notice of Motion concerning the non-compliance by the defendant with specific terms outlined in prior Consent Terms. The court directed the defendant, Mago Gurupriit S., to adhere strictly to the agreed-upon obligations, which included destroying all infringing goods and packaging bearing the plaintiff's marks, as well as unconditionally canceling his relevant trademark registration (No. 3082945). This ruling underscores the importance of adhering to court-mandated settlement terms in IP disputes.

trademark plaintiff favorable · May 13, 2019

Unilever Plc v.Preeti Ice Creams

Bombay High Court · Commercial IP Suit (L) No.601 of 2019

Unilever Plc filed a commercial IP suit against Preeti Ice Creams alleging infringement and passing off related to the trade mark 'FEAST'. The Bombay High Court granted leave under the Letters Patent Act and decreed the suit in favor of Unilever.

trademark plaintiff favorable · May 13, 2019

Unilever Plc v.Preeti Ice Creams

Bombay High Court · Commercial IP Suit (L) No.601 of 2019

Unilever Plc filed a commercial IP suit against Preeti Ice Creams alleging infringement and passing off related to the trade mark 'FEAST'. The Bombay High Court granted leave under the Letters Patent Act and decreed the suit in favor of Unilever.

trademark plaintiff favorable · May 13, 2019

Unilever Plc v.Preeti Ice Creams

Bombay High Court · Commercial IP Suit (L) No.601 of 2019

Unilever Plc filed a commercial IP suit against Preeti Ice Creams alleging infringement and passing off related to the trade mark 'FEAST'. The court granted leave under the Letters Patent Act and decreed the suit, imposing perpetual injunctions on the defendant.

trademark interim order · May 13, 2019

Hindustan Unilever Ltd. v.Mak Traders

Bombay High Court · CS(COMM) 487 of 2019

This notice of motion pertains to an ongoing Commercial IP Suit where Hindustan Unilever Ltd. sought protection for its distinctive SURF EXCEL trade dress against Mak Traders' competing detergent products. The court granted an ad-interim injunction restraining the defendant from using any trade dress or mark deceptively similar to the Plaintiff's.

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