Sanjeev Narula
456 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
456 cases indexed | Page 13 of 16
Zephyr Biomedicals v.Lalit Mahajan And Anr
Zephyr Biomedicals filed a post-grant opposition against Patent No. 224469. The court addressed procedural issues regarding the patentee's non-response and the subsequent service of notice after the abolition of the IPAB, allowing the patentee to file a reply.
Whirlpool Properties, Inc. v.The Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Whirlpool Properties, Inc. against the Registrar of Trade Marks' refusal of its device mark application. The court found that the coined word 'AFFRESH' was inherently distinctive and not descriptive, thus overcoming objections under Section 9(1)(a). Furthermore, after reviewing cited marks, the court determined that the subject mark was prima facie dissimilar to existing registrations, allowing the registration process to continue.
Microsoft Technology Licensing, Llc v.Assistant Controller Of Patents And Designs
Microsoft Technology Licensing, Llc appealed a decision by the Assistant Controller of Patents and Designs that refused its application for patent (No. 3304/DEL/2005). The refusal was based on Section 3(k) of the Patents Act, 1970, which prohibits patents for computer programs. Microsoft argued that the reliance on outdated guidelines was incorrect and cited prior court views supporting patentability.
Modi Naturals Limited v.The Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Modi Naturals Limited against the Registrar of Trade Marks' refusal of their device mark, 'OLEEV ACTIVE'. The court found that the coined word 'OLEEV', combined with 'ACTIVE' and a slogan, was distinctive and not merely descriptive. Furthermore, it determined that the subject mark was not deceptively similar to any earlier marks cited in the examination report. Consequently, the High Court set aside the refusal order and directed the Trademark Registry to proceed with the registration process.
Modi Naturals Limited v.The Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Modi Naturals Limited against the Registrar of Trade Marks' refusal of their device mark, 'OLEEV ACTIVE'. The court found that the coined word 'OLEEV', combined with 'ACTIVE' and a slogan, was distinctive and not merely descriptive. Furthermore, it determined that the subject mark was not deceptively similar to any earlier marks cited in the examination report. Consequently, the High Court set aside the refusal order and directed the Trademark Registry to proceed with the registration process.
Perkinelmer Health Sciences Inc And Ors v.Controller Of Patents
The appeal challenged an order refusing a patent application under Section 15 of the Patents Act, 1970, based on Section 3(f). The Appellant argued that the objection was raised for the first time at the hearing stage without prior notice, violating natural justice. The Court agreed, finding that the Respondent violated procedural fairness by not communicating all objections in advance.
Adani Wilmar Limited v.Baljit Agro Tech Pvt. Ltd.
This Delhi High Court order addresses a complex legal issue concerning the enforceability of trademark rights after a party voluntarily waives actionable claims related to that brand. The court specifically examined an affidavit where the defendant, Baljit Agro Tech Pvt. Ltd., declared they forewent any enforceable right in their unregistered brand 'Shubh Labh Fortune' for GST exemption purposes. Given the implications on the Trade Marks Act, 1999, the Court directed the Department of Revenue to file its stand and submissions in the current proceedings.
Sun Pharma Laboratories Limited v.Avighna Medicare Private Limited & Ors.
This Delhi High Court judgment confirms a comprehensive settlement between Sun Pharma Laboratories Limited (Plaintiff) and Avighna Medicare Private Limited & Ors. (Defendants). The parties resolved their trademark infringement dispute regarding the brands 'DOSELA' and 'ATENTRUE' versus 'DUZELA' and 'ATTENTROL'. Under the agreement, Defendant No. 1 agreed to cease all use of the infringing marks, destroy existing stock within specified timelines, and waive its own pending trademark applications for those names. The suit was subsequently disposed of based on these mutual undertakings.
Mr. Vivek Bhardwaj v.Mr. Gagan Bhardwaj
In this commercial suit concerning trademark infringement and passing off in the pharmaceutical sector, the Delhi High Court issued a series of orders. The court granted an interim restraint on the defendant from manufacturing or selling similar products while allowing him to liquidate his existing stock within three months. Furthermore, the parties were mandated to undergo mediation, signaling that the dispute will proceed through structured negotiation before further litigation.
Jindal Industries Pvt Ltd v.Prawesh Agencies Through Its Partners Vikash Singh Ravindra Kumar Singh
The Delhi High Court addressed a trademark infringement suit where the defendant claimed a co-branding arrangement with an affiliate of the plaintiff's group. The court found that the plaintiff failed to disclose this vital co-branding agreement in their plaint, despite being required to attest to full disclosure under the Commercial Courts Act. Consequently, the court noted the breach of procedural rules and directed the plaintiff to place the relevant agreement on record before further proceedings.
Tci Foundation v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by TCI Foundation against the Registrar of Trade Marks' refusal of its label mark application. The court overturned the initial rejection, which was based on grounds including non-compliance with examination reports and similarity to prior marks in different classes. The judgment clarified that a composite mark can be registered and directed the Registry to process and advertise the subject mark.
Nippon Steel Corporation v.Controller General Of Patents, Designs And Trademarks and Anr
Nippon Steel Corporation appealed the rejection of its patent application (No. 8620/DELNP/2012) by the Controller General of Patents, Designs and Trademarks. The original rejection was based on Section 3(d) of the Patents Act, 1970, arguing that the claimed method for repairing a gas flue inside was merely standard operation or part of an operational manual. Nippon Steel contended that its claims disclosed several unique technical steps ignored by the Examiner. The Delhi High Court issued directions for both parties to file detailed submissions and supporting documents before proceeding with the appeal.
Pb Fintech Limited v.Policy Bazar Finance & Ors.
The Delhi High Court granted significant interim relief in favor of Pb Fintech Limited against various parties accused of trademark infringement. The court impleaded new defendants and issued strict injunctions restraining them from using deceptively similar marks like 'POLICYBAZAAR' or 'PAISABAZAAR'. Furthermore, the judgment directed domain registrars (DNRs) to immediately suspend and block infringing domains, and mandated ISPs to prevent access to these websites. The court also ordered the temporary suspension of a bank account linked to one of the alleged infringers.
Manoj Kumar Goyal, Sole Propreitor Of M/S Manoj Sweets v.The Controller-General of Patents, Designs and Trademarks Also Registrar of Trademark Registry & Anr.
This Delhi High Court order addresses a dispute where the petitioner, Manoj Sweets, claims prior use and registration of the mark 'MANOJ SWEETS' in classes 30 and 43. The core issue is the subsequent registration of an identical mark, 'MANOJ BAKERS,' by another party (Respondent No. 2), which the petitioner alleges was done without proper citation of his existing rights. The court has initiated proceedings to examine this conflict, directing notice to all parties and setting timelines for filing detailed submissions.
Comviva Technologies Limited v.Assistant Controller Of Patents & Design
Comviva Technologies Limited appealed against the Assistant Controller's order rejecting its patent application (No. 201611000234) on grounds of ineligibility under Section 3(k). The appellant argued that the invention was a technical advancement with practical implementation and should be granted a patent.
The Hind Samachar Limited v.M/S Punjab Kesari Publishers Pvt. Ltd
In a significant ruling, the Delhi High Court allowed for the rectification of the 'PUNJAB KESARI NATIONAL' trademark following an inter-party settlement. The court directed the Trademark Registry to amend the registration, limiting the scope and territory of the mark exclusively to specific regions defined in the parties' Memorandum of Family Signature (MoFS). This decision provides a clear legal mechanism for resolving complex territorial disputes between brand owners through negotiated settlements.
M.I. Industries, Incorporated v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by M.I. Industries against the Registrar of Trade Marks, overturning the rejection of their trademark application 'NATURE'S VARIETY'. The court found that despite consisting of common dictionary words, the mark was sufficiently distinctive when applied to animal foodstuffs (Class 31), as it evoked a natural quality without being directly descriptive of the goods. Furthermore, the Appellant's international reputation and goodwill were noted in the decision.
Laans Portfolios Pvt Ltd v.The Registrar Of Trade Marks
The Delhi High Court allowed Laans Portfolios Pvt Ltd's appeal against an order that deemed its trademark application 'VEGAZVA' abandoned. The core issue was a procedural discrepancy where the Registrar failed to consider the Appellant's filed counter-statement despite it being on record for one of the identical opposition filings. Recognizing this clerical error and the unfairness to the applicant, the Court set aside the abandonment order, restored the application, and directed the Registry to process the registration.
M/S Tej Ram Dharam Paul & Anr. v.M/S Om Shiva Products Inc & Ors.
The Delhi High Court granted an interim injunction in favor of the Plaintiffs against the Defendants regarding trademark and copyright infringement. The court found that the Defendants' marks, 'ICE FEEL' and 'LIPLOCK', were deceptively similar to the Plaintiffs' registered trade dress and word marks, 'COOL LIP'. Despite jurisdictional challenges raised by the Defendants, the Court held that the Plaintiffs had established a strong prima facie case based on prior use and substantial similarity. The injunction restricts the Defendants from manufacturing or selling products under these impugned marks.
Amrit Corp. Limited v.The Registrar Of Trade Marks
The Delhi High Court allowed Amrit Corp. Limited's appeal against the Registrar of Trade Marks' refusal to register the composite label mark 'JUST MILK'. The court found that the combination of the arbitrary word 'JUST' with 'MILK' was suggestive and capable of distinguishing goods, overcoming the objection based on lack of distinctiveness. Consequently, the High Court directed the Registry to proceed with the registration process for 'JUST MILK', while clarifying that this registration would not grant exclusive rights in the generic term 'MILK'.
Ramesh Chander v.Pritam Das
This Delhi High Court order addresses a trademark opposition filed by Ramesh Chander against Pritam Das. The petitioner claims prior use and ownership of the mark 'ANIL' for confectionary goods, arguing that the respondent's later registration is barred under Section 12(1) and obtained through fraud. The court issued directions to serve notice on the respondent and set timelines for filing replies and rejoinders, moving the matter forward in the opposition proceedings.
Biogaia Ab v.Senior Examiner Of Trade Marks
The Delhi High Court allowed the appeal filed by Biogaia Ab against the Senior Examiner's refusal of the 'PROTECTIS' trademark for Class 5 goods (pharmaceutical products). The court found that 'PROTECTIS,' being an arbitrary term with no dictionary meaning, possesses sufficient distinctiveness and is not descriptive. Furthermore, the court noted that prior objections regarding similarity to other marks were unsustainable after reviewing their status. Consequently, the refusal was set aside, and the trademark application was directed to proceed for registration.
Electronica Semiconductors Pvst Ltd v.Naveen Goel And Anr.
The Delhi High Court issued procedural orders in the trademark opposition proceedings involving Electronica Semiconductors Pvt Ltd against Naveen Goel and others. The court directed the parties to cure registry objections, provide necessary documentation, and file consolidated briefs of submissions within specified timelines. This order sets the stage for further substantive arguments regarding the trademark dispute.
Anurag Saxena T/As Unique International v.Qaysa Care Private Limited
The Delhi High Court granted an interim injunction favoring the plaintiff, Anurag Saxena T/As Unique International, against Qaysa Care Private Limited. The court found that the defendant's use of 'NEW IMPROVED HAMMER OF THOR' was virtually identical to the plaintiff's registered marks and trade dress, constituting prima facie passing off and trademark infringement. This decision provides immediate protection to the plaintiff's brand while the main suit proceeds.
Joy Universal Ltd v.Registrar Of Trademarks
The Delhi High Court allowed the appeal filed by Joy Universal Ltd against the Registrar of Trademarks' refusal to register the word mark 'PRINCESS PAT'. The court found that the grounds for refusal, based on similarity to earlier marks under Section 11(1)(b) of the Trade Marks Act, were unsustainable. Crucially, the court noted that several cited conflicting marks had since been removed or refused registration, significantly changing the circumstances. Consequently, the application was directed to proceed, subject to a disclaimer ensuring no exclusive rights are granted in 'PRINCESS' or 'PAT' individually.
Loreal v.The Registrar Of Trade Marks
The Delhi High Court allowed Loreal's appeal against the refusal of its trademark application 'PILLOW PROOF BLOWDRY' for hair care products. The court found that the mark was suggestive rather than descriptive, noting that while individual words are common, their combination does not immediately describe the product. Consequently, the court set aside the previous orders and directed the Trademark Registry to proceed with registration, provided a disclaimer is placed on the rights of the individual component words.
Exhibitions India Pvt Ltd v.The Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Exhibitions India Pvt Ltd against the Registrar of Trade Marks' refusal to register the 'SMART CITIES INDIA' device mark. The court found that the mark was not merely descriptive or generic, especially given the Appellant's extensive history of using it for organizing exhibitions since 2015. Furthermore, the court determined that the mark was not deceptively similar to conflicting marks cited by the Examiner. Consequently, the refusal order was set aside, and the Trademark Registry was directed to process the registration.
Deepak Khanna M/S B.D. Khanna Jewellers Pvt Ltd. v.Bhagwan Dass Khanna Jewellers
The Delhi High Court consolidated multiple trademark infringement and rectification petitions involving the 'BDK' mark. Following the abolition of the IPAB, the court revived the suit for infringement alongside the pending rectification matters. The court appointed a new Local Commissioner to proceed with recording evidence, setting a timeline for completion within three months.
Centrient Pharmaceuticals Netherlands B.V. v.Dalas Biotech Limited
The dispute involves a claim of infringement regarding a process patent for manufacturing Amoxicillin Trihydrate. The Plaintiffs sought to implead the Drug Controller General of India, arguing the Defendant failed to prove their process was different from the patented process. The Defendant countered that the Plaintiff was exceeding the scope and had not demonstrated product identity.
Tajinder Soap And Chemicals Pvt Ltd v.The Controller General Of Patents Design and Trade Marks Registry At New Delhi & Ors.
The Delhi High Court allowed a petition seeking cancellation of a trade mark registration, finding that the renewal was administratively irregular and illegal. The court noted that the mark had lapsed in 2007, and despite subsequent public notices offering opportunities for revival, the owner failed to act. Crucially, the court found that the Registry erroneously revived the expired mark after nearly fourteen years through an interlocutory petition, leading to its cancellation.
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