S.Muralidhar
7 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
7 cases indexed | Page 1 of 1
Natco Pharma Limited v.Bayer Healthcare Llc
This appeal challenged an interim injunction restraining Natco Pharma Limited from infringing Bayer Healthcare Llc's Indian Patent No. 240207, which covers the drug Regorafenib. The Delhi High Court found that the impugned order lacked sufficient clarity and did not adequately consider the parties' submissions regarding infringement. Consequently, the court set aside the interim injunction and directed that the application for interim relief be heard afresh on its merits by the Single Judge.
ITC Ltd v.Britannia Industries Ltd
ITC Ltd successfully obtained an interim injunction against Britannia Industries Ltd in the Delhi High Court. The court found that Britannia's Nutri Choice Digestive Zero biscuit packaging was deceptively and confusingly similar to ITC's Sunfeast Farmlite Digestive - All Good packaging, leading to a prima facie case of passing off. While granting the injunction, the court provided flexibility, allowing Britannia to adopt its international packaging or change the blue color scheme to another distinctive color, ensuring business continuity while protecting ITC's trade dress.
Jolen Inc. v.Shobanlal Jain & Ors
The Delhi High Court ruled in favor of Jolen Inc., setting aside previous decisions by the Intellectual Property Appellate Board (IPAB) and the Assistant Registrar of Trade Marks. The court recognized that Jolen's mark had acquired significant trans-border reputation and goodwill due to its extensive international use, which spilled over into India. By establishing Jolen as the first party in both international and domestic markets, the High Court mandated the registration of the trademark for the Petitioner.
Foodworld v.Foodworld Hospitality Pvt. Ltd.
The Delhi High Court addressed a passing off suit filed by Foodworld against Foodworld Hospitality Pvt. Ltd., concerning the use of the 'FOODWORLD' trade name in the food business. The court found that while the Defendant could continue its current operations, it was granted a conditional injunction. This means the Defendant is prohibited from using the mark if it enters the highly similar fields of institutional and outdoor catering services, thereby protecting the Plaintiff's goodwill.
Arun Colour Chem & Ors. v.Mithumal Essance Mart & Anr
The Delhi High Court stayed a complex infringement suit involving trademark and copyright claims related to the 'SUN BRAND' food colour label. The core issue revolved around conflicting registrations, as the Defendant held valid marks that challenged the Plaintiff's claim. Given that both the trademark and copyright validity were subject to ongoing rectification proceedings, the court deemed it prudent to halt the litigation until those foundational issues were resolved.
F. Hoffmann-La Roche Ltd. v.Cipla Ltd.
F. Hoffmann-La Roche Ltd. (Roche) appealed a decision that denied an interim injunction against Cipla Ltd. regarding the manufacturing and sale of the generic drug Erlocip, which is based on the patented molecule Erlotinib (Tarceva). The plaintiffs claimed patent rights over this cancer treatment. However, the Delhi High Court dismissed the appeal, finding that the defendant had raised credible challenges to both the validity of the patent and the prima facie case for infringement. Crucially, the court emphasized that public interest in greater access to life-saving drugs must outweigh the interest in granting an injunction.
Ashok Kumar Aggarwal And Ors. v.Rajinder Kumar Aggarwal & Ors.
The Delhi High Court addressed an appeal concerning the registrability of the surname 'AGGARWAL' as a trademark for sweets and namkeens. The court clarified that while a surname is prima facie not distinctive, it can be registered if evidence of acquired distinctiveness is provided. Crucially, the High Court found that the Intellectual Property Appellate Board (IPAB) had erred by focusing solely on establishing 'user' rather than addressing the core issue of distinctiveness under Section 9 of the Trade and Merchandise Marks Act. Consequently, the appeal was dismissed, and the matter was remanded to allow for a proper assessment of distinctiveness.
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