India Patent Cases
4,815 decisions indexed
Page 25 of 161 · 4,815 total
Hamdard National Foundation (India) v.Klm Pharma Seema Aggarwal Proprietor
The plaintiffs, part of the Hamdard Group, sued KLM Pharma for infringing their well-known Unani medicine trademark 'SAFI' and its associated trade dress. The defendant was found to be using a deceptively similar mark, 'SAIFI,' for identical goods (blood purifier).
Anil Jain v.Rajan Bhutani
The plaintiff, trading as Mahavira Tractors, filed a suit seeking permanent injunctions against the defendant for trademark infringement and passing off related to 'REAL DIAMOND' (registered mark) versus 'STAR DIAMONDS' (defendant's mark) used for Mechanical Seals. The court found that the marks were not deceptively similar and the plaintiff failed to prove any damages, leading to the dismissal of the suit.
M/S Applesoft v.The Director General, Centre for Development of Advanced Computing & The Director, Centre for Development of Advanced Computing & The Secretary to Government, Department of Information Technology
M/S Applesoft filed a Regular First Appeal challenging a trial court judgment that dismissed its suit seeking permanent injunction and damages. The plaintiff claimed breach of an implied contract by Defendant No. 1 (C-DAC) related to free distribution of Tamil language software. The High Court upheld the dismissal, primarily finding that the Bengaluru Civil Court lacked territorial jurisdiction over the dispute.
Astral Limited v.Mahavir Electric And Hardware Stores
Astral Limited filed a suit against Mahavir Electric & Hardware Stores and Vikram Traders for infringement and passing off related to its well-known trademark 'ASTRAL'. The court found that the defendants were adopting and using an identical trademark on counterfeit pipes and fittings, violating Astral's exclusive rights.
Novartis Ag v.Alembic Pharmaceuticals Limited
Novartis Ag filed a suit seeking permanent injunction and damages for infringement of its registered Indian patent (IN 283133) related to Ribociclib. The court proceeded with various interlocutory applications, including those regarding discovery and stay, while the defendant submitted that it is only engaged in permissible research and development.
Astellas Pharma Inc & Anr. v.Lucius Pharmaceutical Lucius Pharmaceuticals Lao Co Ltd & Ors.
Astellas Pharma Inc and its associates filed a suit seeking permanent injunction against Lucius Pharmaceutical for infringing their Indian Patent No. 292990, which covers the new chemical entity GILTERITINIB. The court examined the prima facie case and balance of convenience before granting an ad interim ex-parte injunction. This order restrained the defendants from manufacturing, selling, or distributing any product infringing the patent, including under the brand name LUCIGIL.
Novartis Ag & Anr v.Intas Pharmaceuticals Limited
The plaintiffs filed a suit seeking a permanent injunction and damages for the infringement of their registered Indian patent (No. 283133) related to Ribociclib. The court subsequently heard various interlocutory applications, including those regarding discovery, exemption from mediation, and an application for interim stay.
Celagenex Research India Pvt Ltd v.Pharmak & Anr.
The plaintiff filed a suit seeking permanent injunction against the defendants for infringing its suit patents. The court examined the composition of the impugned products and found that they used exactly the same salt compositions as the plaintiffs' patented formulations. Consequently, the court granted an ex parte ad-interim injunction.
Cipla Limited v.Union Of India & Ors.
The Delhi High Court issued an order in the dispute between Cipla Limited and the Union of India regarding a trademark application. Recognizing issues with traceability of previous notices, the court allowed Cipla to proceed by granting permission to file applications for the restoration and renewal of Trademark Application No. 1694972 within two weeks. The petitioner was also directed to complete necessary procedural filings within four weeks, effectively allowing the matter to move forward.
Cy International Private Limited & Anr. v.Tejinder Pal Singh Proprietor Of Labh Singh Auto Agencies & Ors.
The Delhi High Court addressed an urgent suit filed by Cy International Private Limited against Tejinder Pal Singh Proprietor Of Labh regarding alleged counterfeiting of vehicle spare parts. The court granted interim relief, restraining the defendants from using the plaintiffs' registered trademarks and copyrighted packaging/trade dress (the 'YELLOW AND GOLD' design). However, the injunction was carefully tailored to permit the defendant to continue using their own specific registered mark in Class 12, balancing protection with commercial activity.
Mittal Electronrcs v.Shashi Kant Garg & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Mittal Electronrcs against Shashi Kant Garg & Ors. The court found that the defendants were using the identical registered trademark 'SUJATA' for allied and cognate goods, thereby infringing upon the plaintiff's established goodwill and reputation. Given the likelihood of consumer confusion and the irreparable loss to the plaintiff, the court restrained the defendants from using the mark until the final hearing.
Kickstarter, Pbc v.Kickstarter Private Limited And Anr.
The Delhi High Court granted an interim permanent injunction in favor of Kickstarter, Pbc, against Kickstarter Private Limited. The court found a prima facie case for infringement, noting that the defendant obtained registration of the identical mark 'KICKSTARTER' potentially in a dishonest manner. Given the irreparable harm to the plaintiff and the likelihood of market confusion, the defendants were immediately restrained from using the disputed trademark across all platforms.
Novo Nordisk As v.Dr. Reddys Laboratories Limited & Anr.
Novo Nordisk filed a commercial suit against Dr. Reddys Laboratories Limited regarding the manufacture and sale of an 'impugned drug'. The court addressed various interlocutory applications related to filing documents and pre-institution mediation. In relation to the main suit, the defendants stated they had a license to manufacture but not sell in India, while the plaintiff argued that export of infringing products also constitutes infringement.
M/S Mishu Enterprises v.M/S Nakshatra 13
The plaintiff, M/S Mishu Enterprises, owns and uses the distinctive mark 'MACHHMANI' for selling sea stones and related jewellery. The plaintiff filed a suit against the defendant, M/S Nakshatra 13, alleging unauthorized use of the same mark to deceive the public. The court found in favor of the plaintiff, granting permanent injunctions.
Lummus Novolen Technology Gmbh v.The Assistant Controller Of Patents And Designs
Lummus Novolen Technology Gmbh appealed a decision by the Assistant Controller of Patents and Designs rejecting its patent application for 'HIGH PERFORMANCE ZIEFLERNATTA CATALYST SYSTEMS.' The core dispute centered on whether the claimed process involved an inventive step, specifically regarding the use of diether compounds as internal donors in catalyst production. The High Court ultimately upheld the rejection, finding that the invention was obvious in view of existing prior art documents.
MKU LIMITED THROUGH AUTHORISED REPRESENTATIVE MR. VAIBHAV GUPTA v.ASHISH KANSAL & ANR.
The petitioner filed petitions seeking revocation of two patents (No. 332770 and No. 332684) related to protective ballistic helmets under Section 64 of the Patents Act, 1970. The court issued notice to all respondents and set dates for further proceedings.
Mankind Agritech Private Limited v.Registrar Of Trade Marks
Mankind Agritech Private Limited filed an appeal challenging the refusal of registration for its trademark application no. 5617624 in Class 1. The Delhi High Court issued a procedural order, setting out the timeline and requirements for both parties to proceed with the appeal. This interim step allows the appellant to challenge the Registrar's decision regarding the trademark refusal.
More Retail Private Limited v.Begud Beverages Private Limited & Anr.
The Delhi High Court allowed a petition filed by More Retail Private Limited seeking the cancellation of a specific trademark registration held by Begud Beverages Private Limited. This decision was reached following a settlement agreement between the parties, which stipulated the cancellation as part of the compromise of the underlying commercial suit. The court directed the Trade Mark Registry to proceed with the revocation.
Anuj Bindal Messrs Aggarwal Rice And Oil Mills v.Union Of India & Anr.
The Delhi High Court initiated proceedings in a rectification petition filed by Anuj Bindal Messrs Aggarwal Rice And Oil Mills. The petitioner sought the removal of the registered trademark 'DOUBLE KABOOTAR BRAND' (Registration No. 5574981) from the Trade Marks Register, which was held by respondent no.2. The court accepted notice on behalf of one respondent and directed that formal notices be issued to all parties, setting a timeline for filing replies and rejoinders before listing the matter for further hearing.
Selle Royal Group S.P.A. v.Ace Footmark (P) Ltd And Anr
The Delhi High Court ruled in favor of Selle Royal Group S.P.A., directing the cancellation of the respondent's trademark, FIZIFREAK. The court found that FIZIFREAK was confusingly similar to the petitioner's established and well-known trademarks, fi'zi:k and FREE:K. Given the identical goods (footwear) and the clear attempt by the respondent to exploit the petitioner's goodwill, the registration of FIZIFREAK was deemed invalid.
Crompton Greaves Consumer Electricals Limited v.Bali Ram Trading As Bali Kitchenware Industries and Anr.
The Delhi High Court allowed Crompton Greaves Consumer Electricals Limited's application to rectify and remove the trademark 'CROMPTON' registered by Bali Ram Trading. The court found that Crompton Greaves was the prior adopter, user, and well-known proprietor of the mark in Class 21 since 1943. Given the identical nature of the marks and the respondent's failure to contest the claims, the court ruled that the registration was contrary to the TM Act and liable for cancellation.
Rashi Santoshi Soni & Anr. v.Prince Enterprises Through Its Proprietor Mr. Niraj Nirottamsingh Chavhan
In a trademark infringement dispute, the Delhi High Court issued an interim order allowing the defendant (Prince Enterprises) to de-seal the premises and access materials. The court permitted the removal of non-infringing goods while mandating that infringing products bearing the 'SURYA/SURYA GOLD PLUS' mark be kept separate under the supervision of the plaintiffs' representative. Furthermore, the court set a date for the vacation of an earlier ex-parte injunction order, indicating the matter will proceed to further hearings.
Energeo Works India Private Limited v.Assistant Controller Of Patents
Energeo Works India Private Limited filed an appeal challenging the order dated February 17, 2025, passed by the Assistant Controller of Patents. The original order refused to grant a patent in respect of Indian Patent Application No. 202211052563.
Zeria Pharmaceutical Co. Ltd v.The Controller Of Patents
Zeria Pharmaceutical appealed the refusal of its patent application for a novel intermediate compound (formula 5a). The Controller refused the grant, citing lack of novelty and inventive step under Section 2(1)(ja), and falling within the scope of Section 3(d) due to prior art disclosures. The High Court upheld the Controller's decision.
Tecniqua India Private Limited v.Shree Ji Industries & Anr.
Tecniqua India Private Limited filed a petition before the Delhi High Court seeking the removal of the trademark '/ TENDA SPORTS' (Application No. 4417483) registered in the name of Respondent No. 1. The court accepted notice and directed that formal notices be issued to all parties. Both sides were given specific timelines—six weeks for a reply and three weeks thereafter for a rejoinder—setting the stage for substantive arguments on trademark cancellation.
Rajesh Daseja (Huf) Trading As D Rajkumar v.Simran Gaba & Anr.
The Delhi High Court issued an order in a trademark dispute where Rajesh Daseja (Huf) sought the cancellation of Trademark No. 4776864 for the mark 'GSK/' from the Trade Marks Register. The court initiated the formal process, directing the petitioner to take necessary steps and issue notice to all respondents. This marks the commencement of substantive proceedings aimed at removing the disputed trademark.
Sharvan Kumar Mittal Trading As Girish Chemical Industries v.Janhvi Sharma Trading As Janhvi Chemical Industries & Anr.
The Delhi High Court initiated proceedings seeking the cancellation and stay of Trademark No. 3017399, a device mark registered in Class 2. The court allowed the petitioner to proceed by directing notice to all respondents and setting key dates for filing replies and written synopses. Furthermore, the court granted an application to summon the complete registration record pertaining to related trademarks, ensuring transparency in the dispute.
Rakesh Kumar Mittal v.The Registrar Of Trade Marks
The Delhi High Court ruled in favor of Rakesh Kumar Mittal, directing the Registrar of Trade Marks to restore his trademark 'MILTON/'. The core issue was the removal of the mark due to non-renewal. The court held that the removal was illegal because the Registrar failed to comply with the mandatory statutory procedure—specifically, issuing a Form O-3 Notice as required under Section 25(3) of the Trade Marks Act. This judgment reinforces the principle that procedural compliance is a prerequisite for administrative action in trademark law.
M/S Ambika Industrial Corporation v.The Registrar Of Trade Marks & Anr.
The Delhi High Court quashed an order by the Trade Marks Registry that had allowed a change in the registered address for the 'AMBIKA' trademark. The petitioner firm argued that the change, filed by a former partner (Respondent No. 2), lacked justification and was detrimental to the established proprietor. The court ruled that since the petitioner remains the undisputed registered owner, the registry could not unilaterally alter the address based on an unsupported application, thereby restoring the original details.
Dr. Reddys Laboratories Limited v.Wockhardt Limited And Anr.
Dr. Reddys Laboratories filed a petition in the Delhi High Court seeking the cancellation of the trademark registration 'PACTYON' held by Wockhardt Limited. The respondents objected to the maintainability of the suit, arguing that the mark was registered in Mumbai. The court accepted notice and set procedural timelines for filing replies and rejoinders, indicating that the matter will proceed through standard litigation steps.
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