Sanjeev Narula
456 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
456 cases indexed | Page 4 of 16
Marelli Europe S.P.A. v.The Deputy Controller Of Patents And Designs
Marelli Europe S.P.A. filed an appeal challenging the Deputy Controller's decision to reject its patent application (No. 495/DEL/2013). The rejection was based on Section 2(1)(j) of the Indian Patents Act, 1999. The court issued directions for notice and filing of replies.
Anuj Bindal M/S Aggarwal Rice And Oil Mills v.Tarsem Chand M/S R.D Traders
The Delhi High Court allowed the petition filed by Aggarwal Rice and Oil Mills, leading to the cancellation of a nearly identical trademark registration held by R.D Traders. The court found that both marks were phonetically and structurally similar, creating a high likelihood of consumer confusion in the animal feed market. Crucially, the court determined that while the Petitioner's prior use was not perfectly documented, the Respondent failed to provide credible evidence supporting their claimed date of first use, thus invalidating the registration under Section 9(2)(a) and on grounds of fraudulent representation.
Sequoia Capital Operations Llc & Ors v.John Doe And Others
In this trademark infringement suit, the Delhi High Court addressed an application seeking to involve WhatsApp LLC in the proceedings. The court allowed WhatsApp's impleadment and issued specific directions requiring the platform to remove or block identified infringing groups and accounts associated with Sequoia Capital's trademarks. Crucially, while ordering the removal of known infringers, the court also mandated that Plaintiffs must first notify account holders before any further blocking action is taken, balancing enforcement needs with due process concerns.
Shrinath Travel Agency & Anr. v.Maventech Labs Private Limited & Ors.
The Delhi High Court granted an ex parte ad interim injunction in favor of Shrinath Travel Agency against Maventech Labs Private Limited and others. The plaintiffs alleged that the defendants were deceptively adopting their registered trademarks ('SHRINATH') and associated marks in the tour and travel industry, including through identical domain names. The court found a prima facie case was made out, noting that balance of convenience favored the plaintiffs, leading to immediate restraint on the use of infringing marks and websites until the final hearing.
Sequoia Capital Operations Llc & Ors. v.Seene Trader & Ors.
The Delhi High Court issued a significant interim order in favor of Sequoia Capital Operations LLC and Peak XV Partners against the alleged fraudster 'Senee Trader'. The court granted several urgent reliefs, including exempting the plaintiffs from pre-institution mediation due to the urgency of the matter. Crucially, the court directed domain name registrars (Dynadot, Gname) to suspend relevant domains and mandated government bodies (MeitY, DoT) and financial institutions (NPCI) to take steps to permanently block or remove access to fraudulent websites, social media accounts, and UPI IDs used by the defendant.
Tata Sons Private Limited & Anr. v.Om Prakash Gupta
In a case concerning the infringement of trademarks and copyrights, Tata Sons sought judicial assistance to manage seized counterfeit products. The Delhi High Court granted the application, appointing a Local Commissioner to visit the warehouse where 624 packages of fake TATA TEA PREMIUM were stored. This order allows Plaintiffs to draw samples for trial purposes while also granting them liberty to destroy the remaining inventory, ensuring the chain of custody is maintained.
ITC Limited v.Philip Morris Products S.A.
ITC Limited appealed an order passed by the Assistant Controller of Patents and Designs which rejected a post-grant opposition against Patent no. IN 319780. The appellant argued that since the respondent failed to comply with previous court remands, the High Court should rule on the merits of the case.
Microsoft Technology Licensing Llc v.The Controller Of Patents And Designs & Anr.
Microsoft Technology Licensing Llc filed an appeal challenging the Assistant Controller of Patents and Designs' order dated November 9, 2023, which refused its patents application. The court first allowed the application for condonation of delay in filing the appeal.
Gujarat Cooperative Milk Marketing Federation Ltd & Anr. v.Nitin Jain & Ors.
The Delhi High Court addressed a dispute where the AMUL Federation alleged that videos produced by Defendant No. 1 were scandalous, disparaging, and specifically targeted their brand using trademark elements like the 'AMUL Girl' mascot. The core issue revolved around whether the content constituted fair use or targeted defamation against the Plaintiffs. While the Plaintiff argued the targeting was evident through specific advertisements shown in the video, the Court directed the Defendant to provide detailed affidavits regarding the sources of their investigative journalism, allowing the Plaintiffs to adequately address the allegations.
Shree Ganesh Rolling Mills (India) Ltd v.M/S Jindal Rolling Mill Ltd
The Delhi High Court decreed a trademark infringement suit filed by Shree Ganesh Rolling Mills against M/S Jindal Rolling Mill Ltd. The case, which involved allegations of passing off regarding the 'JINDAL' mark, was resolved through mediation and a subsequent settlement agreement. The court upheld the compromise decree, ensuring that while the parties remain bound by the terms, the specific details of the confidential settlement will not be disclosed in the public record.
Kao Corporation v.The Controller Of Patents & Anr.
Kao Corporation appealed a refusal order issued by the Controller of Patents for its patent application titled "Hair Dyeing Or Bleaching Method". The appeal was based on procedural infirmities, including the failure to raise objections under Section 3(a) in the hearing notice and the erroneous recording regarding industrial applicability. The Court found merit in these submissions and remanded the matter back to the Controller for fresh consideration.
M/S Deluxe Agriculture Works v.Deluxeagriculture Industries Private Limited & Ors.
The Delhi High Court ruled in favor of M/S Deluxe Agriculture Works, overturning a rectification made by the Trademarks Registry that had transferred ownership of the 'Deluxe' trademark to Deluxe Agriculture Industries Private Limited. The court found that the purported Deed of Assignment was invalid because Respondent No. 2 denied executing it and alleged forged signatures. Consequently, the registration was restored to M/S Deluxe Agriculture Works, affirming their original proprietorship.
Novartis Ag v.Torrent Pharmaceuticals Limited
The Plaintiffs filed a suit for infringement of Indian Patent No. 229051, while the Defendant challenged the validity of the patent. The parties amicably resolved their disputes and sought a consent decree.
Emd Millipore Corporation v.Assistant Controller Of Patents And Designs
Emd Millipore Corporation appealed an order dated January 19, 2024, where its patent application (No. 201614010107) for 'Enhanced Aerosol Test for Assessing Filter Integrity' was refused by the Assistant Controller of Patents and Designs due to lack of inventive step. The court issued notice and set a date for further hearing.
Mayfair Lighting Llp v.The Registrar Of Trade Marks & Anr.
The Delhi High Court allowed the appeal filed by Mayfair Lighting Llp, overturning an earlier decision that had deemed their trademark opposition abandoned. The court found that the original timeline for filing evidence was flawed due to issues with service of the counter-statement by the Registrar of Trade Marks. Consequently, the registration of the mark 'LONDON MAY FAIR' in favor of Respondent No. 2 was cancelled, and the opposition proceedings were restored.
Punam Flutes v.Mahesh Chand Gupta And Anr
The Delhi High Court allowed Punam Flutes' petition seeking the cancellation of a conflicting trademark registration ('PUNAM'). The court found that the impugned mark was deceptively similar to the Petitioner's prior and well-established mark, 'PUNAM FLUTES,' used for musical instruments. Given the strong potential for consumer confusion and the Petitioner's established market reputation, the Court ruled that the Respondent's registration could not sustain under Section 11(1)(b) of the Trademarks Act.
Tipping Mr Pink Private Limited v.M/S Savera Eats
The Delhi High Court granted an interim order in favor of Tipping Mr Pink Private Limited against M/S Savera Eats. The Petitioner sought injunctions against the Respondent for continuing to use the registered 'BURGER SINGH' trademarks after a franchise agreement had been terminated. Given the alleged ongoing infringement and reputational damage, the court appointed a Local Commissioner to conduct a search and seizure of all infringing materials at the Respondent's premises.
Immunovative Therapies, Ltd v.The Controller Of Patents
Immunovative Therapies, Ltd filed an appeal against objections raised by The Controller of Patents. The respondent completed submissions on Sections 10(4) and 3(i) of the Patents Act, 1970, requesting a hearing regarding objections under Sections 2(1)(ja) and 3(d).
Oxular Limited v.The Assistant Controller of Patents and Designs
Oxular Limited appealed against the Assistant Controller's refusal to grant an Indian Patent Application (No. 201817034819). The appellant argued that the invention disclosed a substantial technical advancement and economic significance, fulfilling the necessary criteria.
Alcon Inc v.Controller Of Patents And Designs
Alcon Inc filed an appeal before the Delhi High Court challenging the Assistant Controller's decision to refuse the grant of its Indian Patent Application No. 201914027377. The court issued notice and directed both parties to file written submissions, setting a date for re-notification.
Meenu (Trading As M/S Albro Industries) v.The Registrar Of Trade Marks & Anr.
The Delhi High Court addressed procedural applications filed by Meenu (M/S Albro Industries) in an appeal challenging the Registrar of Trade Marks' order. The court condoned a 11-day delay in filing the Memorandum of Appeal and allowed the appellant exemption from submitting original documents. The core dispute, concerning whether a counter statement was properly served during opposition proceedings for the 'AIRODO' trademark, has been listed before the Joint Registrar to complete service, setting the stage for further litigation.
Mallcom (India) Limited v.Shanti Udyog Weldsafe Private Limited & Ors.
The Delhi High Court granted an interim injunction in favor of Mallcom (India) Limited, protecting its registered trademark 'TIGER' used for safety shoes. The court found that the defendant's mark was deceptively similar and violated both statutory and common law rights. While restraining further use, the defendants were allowed a grace period to deplete their existing stock and were ordered to take down the infringing website.
Saint Gobain Glass France v.Assistant Controller Of Patents And Designs & Anr.
Saint Gobain Glass France appealed against the refusal of its Indian Patent Application No. 201717045317 by the Assistant Controller of Patents. The appellant argued that the refusal erroneously applied the test of inventive step, failing to recognize the technical advancement and substantial differences in the claimed invention compared to prior art.
Mankind Pharma Limited v.Solitaire Pharmacia And Anr
The Delhi High Court issued an order in the trademark dispute between Mankind Pharma Limited and Solitaire Pharmacia And Anr. The court directed the Respondent to file additional documents demonstrating that the Petitioner was simultaneously seeking rectification of the impugned trademark 'CUREKIND' before the Trademark Registry. Furthermore, the hearing was adjourned to September 2nd, 2024, allowing both parties time to submit composite briefs.
Rachna Sagar Pvt Ltd v.Sovereign Mercantile Pvt Ltd & Ors.
The Delhi High Court confirmed an existing interim injunction in favor of Rachna Sagar Pvt Ltd against Sovereign Mercantile Pvt Ltd and others. The court found that the Defendants' use of a deceptively similar mark, 'RACHNA SAGAR,' amounted to prima facie passing off. Given the Plaintiff's extensive market presence, prior usage since 1996, and substantial revenue in the publishing sector, the court ruled that allowing the defendants to continue using the mark would inevitably cause consumer confusion and loss to the Plaintiff.
Mittal Electronic Industries v.The Registrar Of Trade Marks
Mittal Electronic Industries filed a petition challenging the current registration status of the trademark 'MILTON' (No. 419520). The petitioner contends that despite their historical association with the mark, the proprietorship is now incorrectly listed under an unrelated entity, 'Indian Agencies.' The Delhi High Court issued notice to the Registrar of Trade Marks, prompting a formal inquiry into the ownership and registration details of the trademark.
Frhi Hotels & Resorts S.A R.L. v.Abdul Rehman & Ors.
The Delhi High Court addressed an injunction application in a trademark infringement suit brought by Frhi Hotels & Resorts S.A R.L. The court accepted the Plaintiff's claim regarding the established goodwill associated with 'FAIRMONT' and 'THE FAIRMONT'. Crucially, Defendant No. 1 agreed to cease using the infringing device mark and domain name 'www.fairmontin.in', leading the Court to grant a temporary injunction and a four-week period for implementation of the changes. The court also extended these directions to Defendants No. 2 and 3.
Astra Zeneca Ab v.Natco Pharma Limited
The case involves a dispute regarding the validity of Indian Patent No. 235625, which was held to be prima facie invalid by co-ordinate benches of the court.
Eris Lifesciences Limited v.Controller Of Patents & Anr.
This order addresses two concurrent proceedings concerning Patent IN 243301, which had expired on August 18, 2023. The erstwhile patentee argued the petitions were infructuous due to expiry. Petitioners contended that validity must still be decided as they faced ongoing infringement actions where invalidity was raised as a defense.
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.
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