India Patent Cases
4,815 decisions indexed
Page 150 of 161 · 4,815 total
Hyderabad Chemical Supplies Limited v.United Phosphorus Limited And Anr.
The petitioner filed an Original Petition seeking revocation and interim suspension of Patent No. 185229. The respondent argued that since a related suit was already pending before the District Court, Indore, and a restraint order had been obtained there, conflicting orders could not be passed. The court ultimately dismissed the application for interim suspension.
M/s. Dhodha House v.S.K. Maingi
The Supreme Court addressed two appeals concerning intellectual property rights. In one case (Dhodha House), the appeal regarding trademark and copyright infringement was dismissed. In another case (Patel Field Marshal), the court allowed the appeal, ruling on jurisdictional issues related to composite suits involving both trade mark and copyright.
Kabushiki Kaisha Toshiba v.Toshiba Appliances Co.
The appeal challenged the Deputy Registrar's order allowing rectification and removal of certain goods from Toshiba's registered trademark (No. 273758). The core dispute centered on whether the appellant had used the mark in good faith, or if its registration was merely an attempt to block the market for similar goods.
Rajarappa Steels Pvt. Ltd. v.Kamdhenu Ispat Limited
The dispute concerned an opposition filed by Kamdhenu Ispat Limited against a trademark application. The core legal issue was whether the notice of opposition and its accompanying extension request were time-barred under the Trade Marks Act, 1999, specifically concerning Rule 47(6).
Wockhardt Limited v.Hetero Drugs Limited
Wockhardt Limited, holding a Process Patent and Exclusive Marketing Right (EMR) for Nadifloxacin 1% Cream, filed suit against Hetero Drugs Limited and others alleging patent infringement. The lower court had previously vacated an interim injunction granted to Wockhardt. This Division Bench set aside the single judge's order, finding that Wockhardt was entitled to an injunction due to a prima facie case and the risk of irreparable injury.
Win Medicate Pvt. Ltd. v.K. Pharmaceuticals Works
Win Medicate Pvt. Ltd. filed a suit against K. Pharmaceuticals Works alleging infringement of its copyrighted label design and passing off concerning its BETADINE Microbicidal Solution. The plaintiff demonstrated that its distinctive bottle labels, featuring a unique color combination and layout, were substantially copied by the defendant's product. The court found in favor of Win Medicate, decreeing the suit for copyright infringement and passing off, and awarding damages.
Bhavanesh Mohanlal Amin And Anr. v.Nirma Chemicals Works And Anr.
The Supreme Court reviewed an appeal challenging a temporary injunction restraining the appellants from using the mark 'NIMA'. While initially vacating the interim relief, the SC ultimately modified the order, directing that the respondents could not initiate any action for use of 'NIMA' by the appellants without leave of the trial court until the suit is disposed of. The Court also directed the lower court to expedite the hearing and disposal of the long-pending trademark infringement case.
Dell Computer Corpn. v.Arun Kumar And Ors.
The Delhi High Court ruled in favor of Dell Computer Corpn. in a trademark infringement suit against Arun Kumar and others. The court found that the defendants' use of 'DELL' in their trading name, including the domain name dell-technologies.com, was likely to deceive the public into believing an affiliation with Dell. Based on Dell's extensive goodwill and prior adoption of the mark, the court decreed the suit ex parte.
V.V. Sivaram And Ors. v.Foseco India Limited
The plaintiff, holding patents for 'Turbostop,' a specialized contoured impact pad used in steel plants, sought an injunction against the defendants (former employees and associated entities). The dispute centered on whether the defendants were manufacturing and marketing a product identical to Turbostop using confidential know-how obtained during their employment.
A.C. Footwear Co. v.Deiem (India) Pvt. Ltd.
A.C. Footwear Co. filed a petition seeking cancellation of Design No. 166627, arguing that it was not new or original and had been previously registered. The petitioner alleged that an identical design belonging to M/s Phoenix Overseas Limited (Registration No. 164739) existed prior to the registration in question.
Wockhardt Ltd. v.Hetero Drugs Ltd. And Ors.
Wockhardt Ltd. filed Original Applications seeking an ad-interim injunction against Hetero Drugs Ltd. and others for infringing Patent No. 188847, Patent No. 188347, and EMR No. EMR/1/03 related to Nadifloxacin 1% cream (NADIDERM). The Madras High Court ultimately vacated the interim injunction, finding that the respondent had a valid manufacturing license based on US and Japan patents, and the challenge to this license was still pending before the Delhi High Court.
Gangotree Sweets And Snacks Pvt. Ltd. v.Shree Gangotree Sweets, Snacks And ...
The plaintiff, a manufacturer of sweets and snacks using the registered trademark 'Gangotree', filed for an interim injunction against the defendant, who was operating a similar business under the name 'Shree Gangotree'. The court found that the plaintiff had established a prima facie case based on its valid registration and long-standing use. Consequently, the existing interim injunction was made absolute.
Gopal Glass Works Ltd. v.Assistant Controller Of Patents And ...
Gopal Glass Works Ltd. appealed an order by the Assistant Controller directing the cancellation of Design No. 190336, which protected their industrial design for figured glass sheets. The respondent argued that the design was not new or original due to prior publication and ownership issues. The High Court allowed the appeal, setting aside the cancellation order.
Hawkins Cookers Ltd. v.Zaverchand Liladhar Shah And Ors.
Hawkins Cookers Ltd. filed a petition seeking cancellation of a registered design (No. 164949) held by Respondent No. 1, claiming that their own prior innovation was copied. The court examined the registration certificate and found that it covered the entire Tava along with its handle, not just the innovative part. Ultimately, the court dismissed the petition, finding no case for infringement.
Torrent Pharmaceuticals Ltd. v.Ucb
This case concerned an interlocutory petition filed by Ucb seeking permission to submit evidence in support of its opposition. The Gujarat High Court dismissed the petition, holding that since the opponent failed to file evidence within the prescribed period under the new Trade Marks Rules (2002), their opposition was deemed abandoned.
Pfizer Ltd. v.Commissioner Of Central Excise
The appellant (a medicament manufacturer) entered into an agreement with Pfizer Inc. to receive technical know-how and use patented technology for manufacturing pharmaceuticals. The Department levied Service Tax on payments made to Pfizer, classifying it as 'engineering consultancy'. The Tribunal ruled that since the transaction was a license/transfer of intellectual property know-how, not professional engineering advice, the levy of Service Tax was unwarranted.
Federation Of Packaged Drinking Water v.Union Of India (Uoi)
Petitioners challenged the actions of the respondents (BIS/Uoi) which prevented them from using the BIS mark and refused license renewals for packaged drinking water sold in flexible pouches. The petitioners argued that they met all existing standards (IS: 14543:2004) and no specific standard existed for pouches at the time. The court ruled partly in favor of the petitioners, directing the respondents to allow BIS marking use and renew licenses until a new standard is prescribed.
P.M. Diesels Ltd. v.Daimler Chrysler Ag
Daimler Chrysler AG opposed the trademark application 'BANZO' by P.M. Diesels Ltd., alleging deceptive similarity to their established mark 'BENZ'. The Tribunal examined objections under Sections 9, 11, and 18 of the Trade & Merchandise Marks Act, 1958.
N/A v.N/A
The Lok Sabha debated the Patents (Amendment) Bill, 2005, which sought to introduce product patents. Opposition members strongly argued that this change would lead to exorbitant drug prices, making essential medicines inaccessible to the common man, thereby violating the fundamental right to health under Article 21. Despite these concerns, the Minister of Commerce and Industry successfully moved the motion, and the Bill was ultimately passed by the House.
The Government of India v.Concerned Citizens/Pharmaceutical Industry Stakeholders
The debate centered on the introduction of a Bill to further amend the Patents Act, 1970. Opponents argued that the amendment would compromise India's strong generic drug industry and restrict public access to affordable life-saving medicines. The Speaker ultimately allowed the motion for introducing the Bill to be adopted.
Chinar Trust v.Usha Rectifier Corporation
The Delhi High Court addressed an appeal concerning a trademark opposition where the respondent claimed their evidence was not deemed abandoned. The court ruled that once a letter granting an extension is dispatched to the advocate's correct address via post, there is a presumption under Section 114 of the Evidence Act that it was served. Since the respondent failed to rebut this presumption, the Writ Court erred in finding the letter unserved and wrongly granted them more time. Consequently, the High Court allowed the appeals, upholding the Registrar's original decision.
Jvc Industrial Corporation v.Victor Company Of Japan Limited And Shri ...
The dispute concerned the opposition by Victor Company of Japan Limited against the registration of the trade mark 'JVC' applied for by Jvc Industrial Corporation. The IPAB examined whether the goods—battery chargers/inverters versus audio/video equipment—were sufficiently distinct to prevent confusion.
Manglore Ganesh Beedi Works Through Its ... v.District Judge, Munsif City And Shri ...
This Allahabad High Court judgment addressed a dispute where a bidi manufacturer was restrained from using its registered trademark featuring 'Lord Ganesh' due to religious objections raised in a civil suit. The petitioner successfully challenged this restraint, arguing that their statutory rights under the Trade and Merchandise Marks Act were being infringed upon by subjective religious claims. The court ultimately quashed the restraining order, affirming that the use of the registered mark was lawful and not prohibited by law or religion.
Hindustan Lever Limited v.Madhusudhan Industries Limited
Hindustan Lever Limited opposed the registration of the trade mark 'UJALA KING' by Madhusudhan Industries Limited, arguing that it was deceptively similar to their well-known marks 'SUNLIGHT' and 'SUN'. The IPAB ultimately ruled in favor of Hindustan Lever, finding that the impugned mark did not qualify under relevant sections due to confusing similarity.
Time Incorporated v.Lokesh Srivastava And Anr.
Time Incorporated, proprietor of the globally recognized magazine 'TIME', sued Lokesh Srivastava and others for infringing its trademark 'TIME' and slavishly imitating its distinctive red border cover design through their publication 'TIME ASIA SANSKARAN'. The court found that the defendants were deceptively similar to the plaintiff's mark and goodwill. Consequently, the court granted a permanent injunction, ordered rendition of accounts, and awarded damages.
Novartis Ag And Anr. v.Mehar Pharma And Anr.
Novartis sought an interim injunction restraining Mehar Pharma from manufacturing, selling, or exporting its anti-cancer drug 'VEENAT', which was alleged to infringe Novartis's Exclusive Marketing Rights (EMR) for 'B-crystalline form of imatinib Mesyiate salt'. The court ultimately denied the temporary injunction, citing concerns about disrupting the supply of this life-saving drug in India.
Intas Laboratories Pvt. Ltd. And Anr. v.Novaritis A.G., Schwarzwaldallee,
The dispute concerned the validity of an Exclusive Marketing Right (EMR) granted to Novaritis for the anti-cancer drug, Beta-Crystalline form of Imatinib Mesylate. Intas Laboratories challenged this EMR, arguing it created a monopoly and harmed public interest due to high pricing. The Madras High Court confirmed the interim injunction but mandated that the plaintiffs supply the drug freely to eligible patients.
Rajapalayam Industrial And Commercial v.P. Iya Nadar Charitable Trust
The petitioner sought expunction (rectification) of the registered trade marks 'CAMEL' (Nos. 109120 and 439372), arguing that their registration in favour of the respondent charitable trust violated Section 6(2) of the Act, and that the mark had suffered dilution due to widespread use by family members. The respondent defended its right to maintain the mark.
United Brothers v.Aziz Ulchani And Anr.
The petitioner sought the removal (rectification) of the respondent's trade mark 'UNITED' from the Register, claiming that it infringed upon their common law rights and registered trademarks for household utensils. The respondent argued that the marks were used for different classes of goods and that the word 'UNITED' was descriptive and common usage. The Board ultimately dismissed the petition.
Microsoft Corporation v.Ashok Azad And Ors.
This case involved Microsoft Corporation, the owner of copyrighted computer software and registered trademarks, suing various computer training institutes for using pirated software. After initial injunctions were granted, the parties reached an amicable settlement which included undertakings by the respondents to cease infringement and legalize their software use. The subsequent petitions filed before the court sought contempt action based on alleged breaches of these undertakings. However, the Delhi High Court dismissed the petitions, ruling that since the undertaking was given only to the plaintiffs (the opposing party) and not directly to the court, it did not constitute a breach actionable under contempt jurisdiction.
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