India Patent Cases
4,815 decisions indexed
Page 33 of 161 · 4,815 total
Oracle America, Inc. v.Mr. Sandeep Khandelwal And Anr
The Delhi High Court allowed Oracle America's petition seeking rectification and cancellation of a rival trademark, JAVATPOINT/. The court found that the impugned mark was deceptively similar to Oracle's well-established 'JAVA' mark, which has been used since the 1990s. Given the identical target consumer base in educational services (Class 41), the court ruled that the respondent had dishonestly adopted the mark to ride on Oracle's goodwill and reputation, leading to its removal from the Trade Marks Register.
Dwarka Matlani v.Jay Daryani
Dwarka Matlani filed a rectification petition challenging the copyright registration granted to Jay Daryani for the label and packaging titled 'ROYAL'. The petitioner argued that the registered artwork was a slavish imitation of their own established trademark/label, which they had used since 1997. Furthermore, the petitioner contended that the registration process concealed material facts regarding the true ownership of the artistic work. The court found that the respondent's label was an imitation and lacked originality, making it ineligible for copyright protection. Given these findings, the High Court allowed the petition, directing the removal of the impugned copyright from the Register.
Novartis Ag v.Cdymax (India) Pharma Private Limited
The plaintiffs seek a permanent injunction against the defendant for infringing their patent related to the compound Ribociclib, used in breast cancer treatment. The defendant allegedly started manufacturing and exporting the patented compound without authorization.
Caleb Suresh Motupalli v.Controller of Patents
The appellant challenged the Controller's order rejecting his patent application based on various grounds, including lack of enablement, ambiguity in claims, and non-patentability. The High Court examined these issues, concluding that the invention lacked a demonstrable technical effect and failed to meet statutory requirements.
United States Of America v.Softgel Healthcare Private Limited
The petitioners (United States of America and associated entities) filed petitions seeking judicial assistance from the Madras High Court to execute Letters Rogatory issued by the United States District Court at Delaware. The dispute concerns alleged infringement of the '441 Patent' covering VYNDAMAX® by generic versions submitted via ANDA applications in the U.S.
United States Of America v.Softgel Healthcare Private Limited
The petitioners (United States of America and associated entities) filed petitions seeking execution of Letters Rogatory issued by a US District Court. The dispute concerns alleged infringement of the '441 Patent' related to VYNDAMAX® by generic versions submitted via ANDA applications. The court passed an order appointing a Local Commissioner and setting up protocols for evidence collection.
Goodai Global Inc v.Shahnawaz Siddiqu & Anr.
The Delhi High Court allowed a rectification petition filed by Goodai Global Inc against Shahnawaz Siddiqu & Anr., directing the removal of an identical device mark registration (No. 5635163) in Class 3. The court found that the respondent obtained the mark dishonestly and in bad faith, attempting to trade upon the petitioner's established goodwill associated with its 'Beauty of Joseon' brand. Given the clear intent to appropriate the petitioner's reputation, the registration was deemed liable for cancellation under Section 57 of the Trade Marks Act.
Apex Laboratories Pvt. Ltd. v.Ethichem Biotech
Apex Laboratories Pvt. Ltd filed a suit against Ethichem Biotech and others, alleging infringement of its registered trademarks and copyright related to the product ZINCOVIT. The plaintiff sought permanent injunctions against using deceptively similar marks like ZINCOVITA and for passing off. Despite the initial claims of trademark and copyright violations, the parties ultimately reached an amicable settlement.
M/S. SONA BEVERAGES PVT LTD v.THE COCA-COLA COMPANY AND ANR
The Calcutta High Court allowed a petition filed by M/S. Sona Beverages Pvt Ltd seeking the removal of the mark 'SIMBA' registered in favor of The Coca-Cola Company. The court found that the trademark, which had lapsed on February 24, 2020, was never renewed despite receiving official notices from the Registry. Consequently, the court directed the expunging of the expired registration.
M/s.Nico Quality Products v.M/s.N.C.Arya Snuff & Cigar Co.
This complex litigation before the Madras High Court revolves around the ownership and use of registered trademarks related to snuff and cigar products. M/s. Nico Quality Products sought permanent injunctions against alleged infringement and passing-off by M/s. N.C. Arya Snuff & Cigar Co., while other parties challenged the validity of an assignment deed. The court addressed multiple suits concerning trademark rights, including declarations regarding the legality of assignments.
Amazon Technologies Inc. v.The Controller of Patents & Designs
Amazon Technologies Inc. appealed a decision by the Assistant Controller of Patents & Designs refusing to grant a patent for its invention (Application No. 5937/CHENP/2010). The appeal challenged the refusal on the ground that it lacked inventive step, arguing that the refusal order was non-speaking as it failed to provide reasons for how the cited prior art documents applied to the claimed invention.
Bajaj Resources Limited & Anr v.Goyal Herbals Private Limited & Ors
The Delhi High Court permitted the plaintiffs, Bajaj Resources Limited & Anr, to amend their original plaint in a trademark infringement and passing off suit. The court held that introducing subsequent trade mark registrations, evidence of enhanced goodwill, and relevant judicial records did not change the nature or character of the existing dispute. This decision allows the plaintiffs to strengthen their case by incorporating new statutory rights acquired after the suit's inception.
Dcm Shriram Limited v.Mr Amreek Singh Chawla & Ors.
The defendants filed an application seeking vacation of an ex-parte ad interim injunction order granted to the plaintiff. The court considered arguments that the plaintiff had suppressed facts, specifically claiming they only discovered the infringing product on 30th October 2024, when in fact they were aware of the defendant's mark since 2018. Consequently, the court vacated the injunction and referred the matter to mediation.
Macleods Pharmaceuticals Ltd. v.The Controller Of Patents & Anr.
Macleods Pharmaceuticals Ltd. (Petitioner) filed a revocation petition against Indian Patent IN 243301, held by Boehringer Ingelheim Pharma GmbH & Co. KG (Respondent No. 2), concerning the anti-diabetic drug LINAGLIPTIN. The Respondent challenged the maintainability of the petition on grounds that it was filed after the patent expired and because invalidity had already been raised in an ongoing infringement suit. The Court dismissed these objections, holding that a revocation petition can be sustained even after the patent term expires.
Krbl Limited v.Praveen Kumar Buyyani & Ors.
The Delhi High Court allowed Krbl Limited's appeal, overturning a Commercial Court decision that had vacated an existing injunction. The court found that the respondent's use of 'Bharat Gate' for rice constituted clear infringement of the appellant's registered trademark 'India Gate.' Citing established legal precedents, the High Court held that prima facie evidence of infringement necessitates the continuation of the injunction to protect the goodwill and reputation of the original mark.
Gsp Crop Science Pvt. Ltd. v.General Crop Science Pvt. Ltd. & Anr.
The Delhi High Court addressed several interlocutory applications filed by the defendants/counter claimants. The court condoned a 57-day delay in filing the written statement and directed the numbering of the counter claim seeking revocation of the plaintiff's patent (IN 394568). Further directions were issued regarding discovery and placing sales figures on record.
A.D.Padmasingh Isaac v.M/s.Selvee Indigenous Food Factory India Pvt. Ltd.
The Madras High Court disposed of a complex trademark dispute involving the brands 'AACHI' and 'PARAMPARIYA APPACHI RICE'. The litigation, which sought to cancel a rival mark and restrain infringement, concluded amicably. Both parties entered into a Memorandum of Compromise (MoC) on January 7, 2025, leading the court to dispose of both the petition and the suit without awarding costs.
Novartis Ag v.Natco Pharma Limited
The suit was filed by Novartis seeking permanent injunction against infringement of its patent IN'026. Natco Pharma sought leave to file an additional written statement, arguing that plaintiffs suppressed documents relating to a prior Divisional Application which led to the grant of the patent. The Court allowed the application, holding that Order VIII Rule 9 CPC grants wide discretion to allow such pleadings in the interest of justice.
Syngenta Limited And Anr. v.Gsp Crop Science Private Limited
The plaintiffs filed an application seeking a direction to the defendant to comply with the mutually agreed Terms of Reference (ToR) and provide access to specific documents shared under the ToR. The defendant opposed this, citing concerns over leakage of proprietary information and violation of Section 104A of the Patents Act. The Court ruled in favor of the plaintiffs, directing the defendant to supply the requested information while allowing redaction of supplier names.
Abacus Montessori School v.Abacus International Montessori School; The Registrar of Trade Marks
The Madras High Court ruled in favor of Abacus Montessori School, a long-standing educational institution, by ordering the expungement of a conflicting trademark registration held by Abacus International Montessori School. The court found that despite geographical proximity and differences in scope (e.g., 'International'), the identical use of the mark 'ABACUS' for similar educational services created a likelihood of confusion. The judgment emphasized the importance of prior user rights and established goodwill over subsequent registrations.
Diamond Modular Pvt Ltd. v.Yash Arora As Trading As Siddhi Vinayak Traders And Anr.
The Delhi High Court allowed a rectification petition filed by Diamond Modular Pvt Ltd., leading to the cancellation of the respondent's trademark, 'GREEN DIAMOND.' The court found that the impugned mark was deceptively similar and identical to the petitioner's established trademark 'DIAMOND,' which had significant goodwill and reputation in the electrical goods market since 1975. Crucially, the judgment highlighted the dishonest adoption by the respondent, who was an ex-distributor of the petitioner, thereby reinforcing the principle against riding on a competitor's reputation.
RPG Enterprises Limited v.RPG Industrial Products Pvt Ltd.
The Delhi High Court granted a rectification petition filed by RPG Enterprises Limited against RPG Industrial Products Pvt Ltd., leading to the cancellation of the respondent's trademark registration (No. 2778255). The court found that the impugned mark wrongfully incorporated the petitioner’s well-known 'RPG' brand, which has acquired distinctiveness and secondary meaning through long-standing use across various industries. This decision reinforces the principle that a registered mark cannot be maintained if it is deceptively similar to an established, widely recognized trademark.
Novartis Ag v.Natco Pharma Limited
The case was filed for a permanent injunction against NATCO PHARMA for infringing on Novartis's Indian Patent No. 233161. The parties reached an amicable settlement during the proceedings.
Apollo Pipes Ltd v.Nirmal Polymers
Apollo Pipes Ltd filed a commercial suit seeking permanent injunction against Nirmal Polymers for infringing its well-known trademarks ('APOLLO', 'APL APOLLO'). The plaintiff alleged that the defendant was using deceptively similar marks like 'A ONE APOLLO' in relation to PVC pipes and building material products, causing financial loss and damaging goodwill. The court passed an ex-parte decree in favor of Apollo Pipes Ltd.
Junior Kuppanna Kitchens Pvt. Ltd. v.Kuppanna Foods
Junior Kuppanna Kitchens Pvt. Ltd filed suit against Kuppanna Foods, among others, alleging multiple infringements across trademarks and copyright. The plaintiff sought permanent injunctions to stop the use of deceptively similar marks like 'KUPPANNA FOODS' and 'Kuppanna', as well as damages for dilution and tarnishment. Ultimately, the parties reached a compromise, leading the Madras High Court to decree the suit based on the Memorandum of Compromise.
Thermo Electrics Madras Manufacturing v.P.R.Gopalakrishnan
Plaintiffs filed a civil suit seeking permanent injunction against the defendants for committing piracy through fraudulent imitation of four registered designs (No. 193288, 193289, 193290, 193291) related to Extraction and Heating Mantles. The plaintiffs alleged that the first defendant had access to their trade secrets and designs during his employment with the second plaintiff, leading to unauthorized imitation.
M/s.Haldor Topsoe A/S v.Controller of Patents & Designs, Government of India
The petitioner challenged an order dated 09.03.2021 rejecting/abandoning their patent application (No. 297/CHE/2012). The petitioner argued that the rejection violated natural justice and was based on non-application of mind, as no proper second examination report was conducted. The Court found the order unsustainable due to violation of principles of natural justice and quashed it, remitting the matter for fresh consideration.
Neeraj Jain v.Controller General Of Patents, Designs and Trademark & Anr.
The Delhi High Court addressed several applications in the writ petition filed by Neeraj Jain against the Controller General of Patents. Crucially, the court condoned a 36-day delay in filing the petition itself. The core matter involves challenging an order that declared the petitioner's design application abandoned due to a belatedly filed Power of Attorney. Notice has been issued, setting the stage for further arguments on the merits of the abandonment claim.
Bennett Coleman And Company Limited v.Two Star Media Private Limited
Bennett Coleman And Company Limited filed a petition seeking the removal of a deceptively similar trademark (LIVE TIMES) registered by Two Star Media Private Limited. The petitioner argued that its own trademarks, 'TIMES' and its family, are prior, extensively used since 1943, and highly reputed. The court accepted notice and directed both parties to file detailed replies within four weeks, setting the stage for a substantive hearing on trademark infringement and similarity.
Rahul Mishra & Anr. v.John Doe & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of fashion designer Rahul Mishra, restraining defendants from using or dealing in goods deceptively similar to his registered trademarks and trade names. The court also directed the defendant operating the website www.rahudress.com to immediately suspend the domain name and disclose complete details of the primary infringing entity (Defendant No. 1). This order protects both trademark rights and copyright/design rights related to Mishra's luxury apparel.
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