India Patent Cases
4,815 decisions indexed
Page 16 of 161 · 4,815 total
Abbott Laboratories v.The Registrar Of Trade Marks
The Delhi High Court allowed Abbott Laboratories to appeal the rejection of its 'ENSURE' trademark application. The original rejection was based on insufficient evidence supporting a very early claimed date of use (31.12.1999). The court granted liberty for the Appellant to amend its user claim, restricting it to 23.04.2012, and directed the Registrar to reconsider the application afresh. This decision effectively restored the trademark application to its original status.
Esme Consumers Pvt Ltd v.Suraj Collection And Anr
The Delhi High Court granted an interim injunction in favor of Esme Consumers Pvt Ltd against Suraj Collection And Anr, finding a prima facie case of trademark infringement and passing off. The court determined that the defendant's use of similar marks and trade dress was calculated to deceive consumers and erode the plaintiff's established goodwill associated with its cosmetic products. Consequently, the defendants were immediately restrained from using the infringing marks until the final hearing.
Pureplay Skin Sciences (India) Pvt. Ltd. v.Mr. Wazahat Choudhary
In a trademark infringement suit concerning skincare products, the Delhi High Court issued several procedural orders favoring the Plaintiff, Pureplay Skin Sciences. The court granted leave to file additional documents and exempted the plaintiff from mandatory pre-litigation mediation due to the urgency of the matter. Crucially, the court also allowed the appointment of a Local Commissioner to inspect the defendant's premises for potential counterfeit goods, while simultaneously granting exemptions regarding advance service and discovery procedures.
The Indian Hotels Company Limited v.Vivanta Stays & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of The Indian Hotels Company Limited against Vivanta Stays & Ors. The court recognized 'VIVANTA' as a well-known trademark and immediately restrained the defendants from using similar marks, such as VIVANTA STAYS/VIVANTA REALTY, both online and offline. Furthermore, the order mandated the immediate takedown of infringing websites and domain names, providing swift protection to the plaintiff's brand reputation.
Ynsect v.The Controller Of Patents
Ynsect filed an appeal under Section 117A of the Patents Act, 1970, challenging a previous order issued by The Controller of Patents regarding Indian Patent Application No. 201917024125. The court issued notice and directed both parties to file their respective replies and rejoinders.
Wow Momo Foods Private Limited v.Wow Burger & Anr.
The Delhi High Court allowed the appeal filed by Wow Momo Foods Private Limited, quashing a single judge's order that had dismissed an application for an interlocutory injunction. The court found that the respondent's proposed mark, 'WOW BURGER', was highly likely to cause confusion with the appellant's established marks like 'WOW MOMO' and 'WOW DIMSUMS'. Despite arguments regarding common usage or descriptive nature of 'WOW', the court held that the combination of the exclamation with the food item created a distinctive association in the mind of the average consumer, thereby establishing a prima facie case of infringement.
Rajesh Pal Sharma v.Assistant Controller Of Patents And Designs & Anr.
Rajesh Pal Sharma filed an appeal before the Delhi High Court challenging the order dated 05.03.2025 passed by the Respondent No. 1, which rejected his Indian Patent Application No. 201811004587. The court issued notice and directed parties to file replies within specified timelines.
Smt. B.K. Annapurnamma, Sri B.N.K. Sarathi, Smt. B.S. Nagarathna, and Sri B.S. Sapthagiri (Partners of M/s. Sarathi Perfumery Works) v.M/S. Mahendra Perfumery Works
The plaintiffs, partners of M/s. Sarathi Perfumery Works, filed a suit seeking permanent injunction against M/S. Mahendra Perfumery Works for infringing their registered design (No. 203040) of a display box. The court found that the copyright subsisting in the design had expired in 2016, rendering the cause of action infructuous.
The Indian Hotels Company Limited v.John Doe And Anr
The Delhi High Court granted an ex parte ad-interim injunction in favor of The Indian Hotels Company Limited against defendants for alleged trademark infringement and disparagement of its iconic 'TAJ' brand. Citing the TAJ trademark as a well-known mark, the court restrained the defendants from publishing or disseminating any content that infringes upon the brand. Furthermore, Defendant No. 2 was specifically directed to immediately take down an impugned video uploaded on its Instagram channel.
Le Shark Apparel Limited v.Anil Shah And 2 Ors
The Bombay High Court granted rectification to remove a registered trademark (No. 466002) belonging to the Respondents, which was identical to the Petitioner's established global mark 'LE SHARK'. The court found that the Respondents had fraudulently adopted the mark and lacked evidence of genuine use, thereby allowing the Petitioner to proceed with its brand in India. This decision reinforces the principle that a trademark register must maintain purity against deceptive or fraudulent registrations.
Koninklijke Philips N.V. v.M. Bathla & Anr.
Koninklijke Philips N.V. filed a suit alleging that M. Bathla & Anr. infringed its Indian Patent No. 175971, which covered a 'Digital Transmission System,' through the manufacturing and sale of VCD systems and media. The court examined whether the defendants' replication process utilized the patented technology. Ultimately, the Delhi High Court found that the suit patent did not cover the resultant VCD product or the specific replication process employed by the defendants. Consequently, the plaintiff failed to establish infringement and the suit was dismissed.
M/S. Aquapump Industries & Anr. v.Ravi Yadav & Anr.
The Delhi High Court allowed a petition seeking rectification regarding a specific trademark registration. Following submissions from both parties, the court directed the cancellation of Trademark Registration No. 6100995 for the mark in Class 11. This order mandates the trademark registry to rectify its records accordingly within four weeks, effectively clearing the title and resolving the dispute between M/S. Aquapump Industries and Ravi Yadav.
Ardo Medical Ag v.Ms Sdb International And Anr.
Ardo Medical Ag successfully petitioned the Delhi High Court to rectify the Trade Marks Register, seeking cancellation of a conflicting trademark registered by Ms Sdb International. The court found that Respondent No. 1 engaged in bad faith and trade mark squatting by registering an identical mark despite Ardo's prior use and global registrations. Consequently, the Registrar was directed to remove the infringing trademark from the register.
Dcm Shriram Limited v.Mr Sanjay Tada
Dcm Shriram Limited successfully concluded its intellectual property dispute against Mr. Sanjay Tada through an amicable settlement before the Delhi High Court. The court decreed the suit based on the parties' undertaking, which required the defendant to acknowledge all of the plaintiff's trademark and copyright rights. Crucially, the defendant agreed to cease using infringing marks like '303', destroy all related materials, and change packaging for agricultural seeds.
Abbvie Ireland Unlimited Company v.Controller General Of Patents, Design, Trademark And Geographical Indications & Ors.
Abbvie Ireland Unlimited Company challenged the slow pace and procedural irregularities in the handling of its Patent Application No. 8004/DELNP/2011, which was subject to multiple pre-grant oppositions under Section 25(1) of the Patents Act, 1970. The petitioner raised concerns regarding mechanical issuance of notices and delays in pronouncing orders after hearings were concluded. The Delhi High Court intervened, directing the Controller General's office to expedite the process and pass a consolidated order on all pending oppositions by December 31, 2025.
Mars Incorporated v.Cadbury (India) Ltd & Ors
After nearly twenty-five years of protracted litigation over the trademark 'CELEBRATIONS,' Mars Incorporated and Cadbury (India) Ltd have reached a full and final amicable settlement. The Delhi High Court decreed the suit based on this mutual consent, which mandates both parties to withdraw various pending opposition and rectification proceedings before the Trade Marks Registry. Furthermore, in a gesture of goodwill, they jointly undertook to distribute confectionery assortments worth five lakhs each to schoolchildren across Delhi.
F. Hoffmann-La Roche Ag v.Natco Pharma Limited
F. Hoffmann-La Roche appealed a single judge's decision that dismissed its application for an injunction against Natco Pharma Limited, which was manufacturing and selling Risdiplam. The core dispute centered on whether the species patent (IN 3343971) covering compounds for Spinal Muscular Atrophy was infringed by Risdiplam, or if the claims were obvious based on prior art disclosures in a genus patent (WO'916/US'955).
Emd Millipore Corporation v.Assistant Controller Of Patents And Designs
Emd Millipore Corporation appealed a decision by the Assistant Controller of Patents and Designs which refused its patent application for 'Infrared (IR) Based Quantitation of Biomolecules.' The refusal was based on the grounds that the claimed method constituted an unpatentable diagnostic process under Section 3(i) of the Patents Act, 1970. The Delhi High Court ultimately allowed the appeal, holding that the subject matter did not fall within the scope of this exclusion and that the amendments made were permissible refinements.
Natera Inc And Anr v.The Assistant Controller Of Patents And Designs
Natera Inc appealed the refusal of its patent application for 'Methods for Lung Cancer Detection'. The refusal was based on the grounds that the methods were not patentable under Section 3(i) as they related to diagnosis/treatment, and certain claims violated Section 59. The High Court upheld the refusal.
Sequenom Inc v.The Controller Of Patents
Sequenom Inc appealed the Assistant Controller's refusal to grant two patent applications related to methylation-based enrichment of fetal nucleic acid for non-invasive prenatal diagnoses. The core issue was whether this diagnostic process, conducted in a laboratory setting, fell under the exclusion of methods for diagnosis under Section 3(i) of the Patents Act, 1970.
Chugai Seiyaku Kabushiki Kaisha v.Anthem Biosciences Limited
The dispute involved Chugai Seiyaku Kabushiki Kaisha alleging infringement of its patent (IN 294424) concerning Alectinib against Anthem Biosciences Limited. The parties subsequently agreed to amicably resolve the matter.
Caterpillar Inc v.Gold Filter And Co And Another
Caterpillar Inc filed a suit seeking permanent injunction against Gold Filter And Co for infringing several of its Patents related to fluid filter systems used in construction machinery. The court passed an order granting various procedural exemptions sought by the Plaintiff, including exemption from pre-institution Mediation and advance service, and appointed a Local Commissioner to inspect the alleged infringing parts.
Reckitt And Colman (Overseas) Hygiene Home Limited & Ors. v.Ashok Kumar(S)/John Does & Ors.
In a significant commercial dispute concerning the HARPIC brand, the Delhi High Court issued several procedural orders favoring the Plaintiffs (Reckitt And Colman). The court allowed the plaintiffs to file additional documents and granted exemptions regarding pre-litigation mediation and advance service. Crucially, the court also permitted an ex parte ad interim injunction by appointing Local Commissioners to conduct inspections of the alleged infringing products, reinforcing the strength of the brand's trademark and trade dress protection.
Crystal Crop Protection Ltd v.Deputy Controller Of Patents And Designs & Ors.
Crystal Crop Protection Ltd filed an application under Sections 57 and 59 of the Patents Act, 1970, seeking to amend the claims and remand Patent Application No. 1982/DEL/2013 back to the Deputy Controller of Patents and Designs. The Court issued notice and directed the filing of a reply within four weeks.
XX v.YY
The Plaintiffs filed a suit seeking permanent injunction against the Defendants for infringing Indian Patent No. 419280, which covers Benzamide Derivatives. The court registered the plaint as a suit and issued directions regarding the appointment and scope of the Local Commissioner to investigate the matter.
Tapas Chatterjee v.Assistant Controller Of Patents And Designs & Anr.
Tapas Chatterjee appealed a decision where the Assistant Controller rejected his patent application for 'Recovery of Potassium Sulphate...'. The rejection was based on pre-grant opposition filed by CSIR, citing lack of inventive step (Section 25(1)(e)). The High Court remanded the matter back to the CGPDTM for fresh consideration, restricting it only to the objection raised by CSIR regarding inventive step.
Wipro Enterprises Private Limited v.Shivam Udhyog & Anr.
The Delhi High Court ruled in favor of Wipro Enterprises Private Limited, declaring its trademark 'WIPRO' as a well-known mark. The judgment recognized the extensive goodwill and reputation associated with the brand, citing massive sales turnover (over INR 60,775 crores) and substantial promotional expenditure over several decades. This declaration is crucial for protecting the brand against unauthorized use by third parties.
M/S.Texmo Industries v.Mukesh Lamba
The Madras High Court addressed a complex intellectual property dispute involving M/S.Texmo Industries against Mukesh Lamba regarding the use of similar marks for pump goods. The suit claimed infringement under Trademark Act provisions, alongside copyright violations related to website design and content. Ultimately, the court decreed the case based on a compromise memorandum entered into by both parties, resolving the multi-faceted dispute.
M/s. Zonex Industries v.Kunal Choudhary
The Rajasthan High Court upheld a lower court's decision to stay an infringement lawsuit concerning the 'ZONEX' trademark. The petitioner, M/s. Zonex Industries, challenged the stay, arguing that their trademark was validly registered. However, the court found that since the respondent had initiated rectification proceedings challenging the validity of the registration before the competent forum, the suit for infringement must be stayed under Section 124 of the Trademarks Act, 1999. This ruling reinforces the legal mechanism allowing parties to pause litigation while trademark validity is being determined.
Sujatha Rajkumar v.The Registrar of Trade Marks
Sujatha Rajkumar filed a Writ Petition seeking judicial intervention against the Registrar of Trade Marks for the undue delay in processing an application related to the assignment of her trademark 'VELVETTE'. The petitioner sought recognition of the subsequent proprietor based on an Assignment Deed. While the court did not rule on the merits of the assignment, it issued a binding direction to the Respondent to dispose of the pending application within six weeks, treating the counsel's assurance as a formal undertaking.
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