India Patent Cases
4,815 decisions indexed
Page 40 of 161 · 4,815 total
YC Electric Vehicles v.Saksham Trading Company
YC Electric Vehicles successfully concluded its trademark and design infringement suit against Saksham Trading Company through an amicable settlement. The court decreed the suit, formalizing the defendant's admission that YC is the sole owner of the 'YATRI' and 'YC' trademarks, as well as specific E-Rickshaw designs. The settlement also included a payment of ₹50,000 to the plaintiff, providing a definitive resolution to the dispute.
Wow Momo Foods Private Limited v.Wow Punjabi
The Delhi High Court disposed of a trademark infringement suit (CS(COMM) 253/2024) between Wow Momo Foods Private Limited and Wow Punjabi. The case, which sought permanent injunctions against passing off and unfair trade practices, was settled amicably by both parties. The court decreed the suit in favor of Wow Momo, based on the settlement terms, wherein Wow Punjabi acknowledged Wow Momo's exclusive ownership of the 'WOW' trademark and agreed to cease all use of similar marks.
Hyundai Motor India Limited v.Aaa Teleshoping Pvt Ltd
The Delhi High Court granted a rectification petition filed by Hyundai Motor India Limited, leading to the cancellation of a similar trademark registration held by Aaa Teleshoping Pvt Ltd. The court found that the respondent's mark was identical and confusingly similar to Hyundai’s prior and extensively used 'ELANTRA' brand in the automotive sector. This ruling reinforces the principle that prior adoption and continuous use grant exclusive rights, even when goods are in different classes but related.
House Of Diagnostics Llp & Ors. v.House Of Pathology Labs Private Limited
The Delhi High Court granted an ad interim injunction favoring the plaintiffs, House Of Diagnostics LLP, against House Of Pathology Labs Private Limited. The court found a prima facie case of idea infringement, noting that both parties operate in the highly similar field of diagnostic services and their marks are glaringly similar. The defendant was restrained from using 'House of Pathology' in connection with its diagnostic activities, pending further consideration of the main suit.
Wipro Chandrika Private Limited v.Soji Thomas
The Madras High Court allowed the petition filed by Wipro Chandrika Private Limited seeking rectification of the trademark register against Soji Thomas. The court directed the Registrar of Trademarks to remove and cancel the trade mark 'CHANDRA' (Trade Mark No. 4628777) from Class 3, based on a prior settlement agreement between the parties. This decision effectively cleared the path for the petitioner by removing the conflicting registration.
Veekesy Rubber Industries Pvt. Ltd. v.Vijay Kalra And Anr.
The Delhi High Court disposed of a trademark dispute between Veekesy Rubber Industries Pvt. Ltd. and Vijay Kalra And Anr., based on an amicable settlement reached by both parties. The settlement agreement mandated that Respondent No. 1 acknowledge the exclusive rights of the petitioner in 'VKC' marks and cease using similar trademarks like 'VKV'. Crucially, the court directed the Trademark Registry to process the withdrawal and subsequent rectification/removal of the infringing trademark from the register.
M/S Shree Vallabh Metals v.Pappu Farishta Sole Proprietor Of M/S Pappu Farishta
The Delhi High Court ruled in favor of M/S Shree Vallabh Metals against Pappu Farishta Sole Proprietor Of M/S Pappu Farishta, granting a permanent injunction. The court found that the defendant's actions constituted trademark infringement and passing off concerning the plaintiff's 'MAXFRESH' brand across various household goods categories. While dismissing an application to add another party, the court proceeded with the suit, decreeing the specific relief sought by the plaintiff regarding the use of their protected marks.
Largan Precision Co Ltd v.Motorola Mobility India Pvt Ltd & Ors.
The Delhi High Court passed an order framing issues in the suit concerning the validity and enforceability of Plaintiff's Suit Patent IN 363203 against the Defendants. The court also appointed a Commissioner to record evidence and set out a tentative timeline for the trial.
Kawakami, Shigeki & Ors. v.Assistant Controller Of Patents And Designs
The appellants challenged the Assistant Controller's order rejecting their patent application. The core issue was that the rejection was based on a ground (lack of novelty) which was not included in the initial hearing notice, violating the Principles of Natural Justice. The Court found that since the applicant was deprived of the opportunity to address this specific objection, the impugned order suffered from procedural irregularities.
Mrs. Shubhangi S. Jachak v.Land Mark Crafts Pvt. Ltd & Anr.
The Delhi High Court issued an order modifying a prior decision in the trademark dispute between Mrs. Shubhangi S. Jachak and Land Mark Crafts Pvt. Ltd & Anr. The modification allows Respondent No. 1 to bring on record several crucial additional documents related to ownership changes, examination objections, and responses filed with the Trademark Registry. This procedural step is significant as it introduces detailed evidence regarding trademark assignment timelines and prior rejection grounds into the ongoing litigation.
Sun Pharma Laboratories Limited v.Jyotiben Hareshbhai Chovatiya and Ors.
The Plaintiff sought permission to add several associated entities (Defendants No. 4 to 6) as party defendants, alleging they were involved in dealing with goods bearing an impugned trade mark 'NEUROGABA'. The Court found that these parties were necessary and proper for the adjudication of the matter.
Ulink Agritech Private Ltd. v.Sml Limited & Others
The appellant challenged an ex-parte ad-interim injunction granted by the Single Judge, which restrained them from infringing Patent No. 282092 (covering 'SELZIC'). The core legal issue was whether the Single Judge's order contained adequate reasons as mandated by proviso to Order 39 Rule 3 CPC. The High Court found that the conclusion of a prima facie case was not preceded by any proper reasoning, leading to the setting aside and remittance of the injunction.
V.K.R.Venkatesan v.V.Mahendran
V.K.R.Venkatesan filed a civil suit against V.Mahendran alleging multiple infringements related to the 'VKR SIVAJI BRAND' mark and associated artistic works used on rice products. The plaintiff sought permanent injunctions against trademark infringement, copyright violation, and passing off. However, before any judgment was passed on the merits of the case, the learned counsel for the plaintiff filed an endorsement requesting withdrawal of the suit.
Nnova And Company v.Nitin Gupta Trading As Krishna Agencies
The Delhi High Court allowed a rectification petition following a settlement between Nnova And Company and Nitin Gupta Trading As Krishna Agencies. The court cancelled the registered trademark 'GLOWNOWO' (No. 3830607) in Class-03, which was deemed deceptively similar to the petitioner's mark NOVA. In exchange, the respondent agreed not to use any confusingly similar marks and committed to using a specific label format for 'Glownow', ensuring distinctiveness from the original brand.
Astrazeneca Ab v.Everest Pharmaceuticals Limited
Astrazeneca filed a suit seeking permanent injunction against Everest Pharmaceuticals for infringing its patent IN 297581, which covers the compound Osimertinib. The court found that the plaintiffs made out a prima facie case and granted an ad interim ex-parte injunction restraining the defendants from manufacturing or selling the infringing product until further hearing.
Baynee Industries v.Rajiv Rosha
The plaintiff filed a suit seeking substantial damages against the defendant, alleging wrongful interference with business due to the defendant's patented product. The defendant sought rejection of the plaint under Order VII Rule 11(d) of the CPC, arguing lack of cause of action and correlation between the patent and the alleged business loss. The Court dismissed the application, finding that the plaint, when read as a whole, disclosed sufficient cause of action.
Astrazeneca Ab v.Beacon Pharmaceuticals Plc
Astrazeneca filed a suit seeking permanent injunction against Beacon Pharmaceuticals and others for infringing its patent (IN 297581) covering the compound Osimertinib. The court, after considering the prima facie case, granted an ad interim ex-parte injunction restraining the defendants from selling or offering the patented compound in any form.
Lv Bhavani Sankar v.Gemini Edibles And Fats India Pvt Ltd.
The Madras High Court addressed a Transfer Review Petition filed by Lv Bhavani Sankar against a previous rectification order concerning Trademark 3830617. The petitioner sought to keep the trademark registered. However, the court noted that the arguments in the current petition were identical to another pending petition and closed (T)Rev.Pet(IPD)/2/2024 without issuing a specific ruling on costs.
Havells India Limited v.Hetram Sharma & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Havells India Limited against Hetram Sharma & Ors. regarding the unauthorized use of its registered trademark 'REO'. The court found that the defendants' adoption of similar marks ('R3 REO 3X') was intended to ride upon the plaintiff's established goodwill and reputation in the electrical goods market. Furthermore, the court permitted a local commission to search the defendant's premises and seize infringing materials.
Natco Pharma Ltd. v.M/s. Schering Corporation
Natco Pharma Ltd filed an Original Petition (Patents) seeking the revocation of Indian Patent No.202128 against M/s. Schering Corporation and the Assistant Controller of Patents & Designs. The court observed that the term of the patent had expired on 06.10.2018, rendering the petition infructuous.
Ashokbhai Manjibhai Sankharava trading as M/s. Unolex Aquatech v.M/S. Trishul Pump
The appeals challenged orders passed by the Commercial Court rejecting applications seeking exemption from mandatory pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015. The plaintiff had filed four suits for patent infringement (No. 388576) but failed to demonstrate a genuine need for urgent interim relief.
Jaisuryas Retail Ventures Pvt. Ltd. v.The Registrar of Trade Marks
Jaisuryas Retail Ventures Pvt. Ltd. filed multiple writ petitions seeking directions to the Registrar of Trade Marks to permit the filing of renewal applications for several registered trademarks. The petitioner argued that due to the failure of the Registrar to issue timely notice, they were entitled to renew the marks as a successor-in-interest. The Court held that while the lapse by the Registrar is noted, the petitioner must first register the assignment deed before applying for renewal.
Akzo Nobel Coatings International B. v.Berger Paints India Limited and Anr.
The Calcutta High Court disposed of the appeal concerning the trademark 'POLYDUR'. The court noted that Respondent No. 1 had submitted a letter requesting the withdrawal of the trademark application (No. 1949642). Consequently, the High Court directed the Registrar of Trademarks, Kolkata, to process and pass the appropriate orders for the complete withdrawal of the mark within three weeks.
Vijay Baweja Proprietor Of M/S Vijay Auto Sales v.Ajay Baweja Trading As Ajay Auto Spares & Anr.
The Delhi High Court referred a trademark dispute between Vijay Baweja and Ajay Baweja to the Mediation and Conciliation Centre. The petitioner sought rectification of their 'AIRGOLD' trademark and cancellation of the respondent's similar mark, 'AIR GOLD (DEVICE)', both registered in Class 12. This move indicates the court is encouraging parties to resolve complex IP conflicts through alternative dispute resolution before proceeding with a full trial.
Kent Ro Systems Ltd v.Kanchan Singh
The plaintiffs seek a permanent injunction against the defendants for infringing their trademark 'KENT' and registered design no. 312406 related to water purifiers. The plaintiffs allege that the defendants are selling products that are identical or deceptively similar to their registered designs.
Syngenta Crop Protection Ag v.Assistant Controller Of Patents
Syngenta Crop Protection Ag filed an appeal before the Delhi High Court challenging the rejection of its Indian Patent Application No. 202117035647 by the Assistant Controller of Patents. The court allowed exemption and set notice, granting both parties time to file their respective written synopses or rejoinders.
M/S Krbl Limited v.M/S J.R. Rice India Pvt. Ltd. And Another
The Delhi High Court allowed M/S Krbl Limited to file amendments and introduce crucial subsequent documentation in its ongoing suit against J.R. Rice India Pvt. Ltd. The plaintiff successfully sought to place on record the registration certificate, legal proceedings, and official orders confirming 'INDIA GATE' as a well-known trademark. This procedural order allows the case to proceed with updated evidence relevant to the core dispute.
Dunar Foods Limited v.Ankit Vats Trading As Avjk Foods Llp & Anr.
Dunar Foods Limited initiated proceedings seeking the cancellation of the registered trademark 'Nawazish' through a petition under Section 57 of the Trade Marks Act, 1999. The Delhi High Court issued notice to all parties and set forth detailed timelines for filing replies and written synopses. This order marks a procedural step in the ongoing litigation aimed at challenging the validity of the registered mark.
Arcelormittal v.The Assistant Controller Of Patents And Designs and Anr
Arcelormittal appealed an order dated 07.05.2024 which held that its patent application regarding a method for producing tin containing nongrain-oriented silicon steel sheet was neither inventive nor sufficiently disclosed. The court accepted the exemption and issued directions for further proceedings, including filing written synopses by both parties.
Sun Pharma Laboratories Ltd v.Resolute Healthcare & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Sun Pharma Laboratories Ltd against Resolute Healthcare & Ors. The court found that the defendant's mark, 'TRYGABA', is deceptively similar to the plaintiff's registered trademark, 'TRIGABANTIN'. Given that both products treat neuropathic pain and the similarity was intentional (truncation), the court restrained the defendants from manufacturing or selling the infringing product until further notice. The injunction allows the defendants a grace period of three months to exhaust their current stock.
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