India Patent Cases
4,815 decisions indexed
Page 82 of 161 · 4,815 total
M/s Martindal Research Laboratories v.M/s Shalina Laboratories Pvt Ltd
The Rajasthan High Court addressed a civil appeal concerning a trademark infringement dispute between Martindal Research Laboratories and Shalina Laboratories. The appellant sought to overturn an order that denied temporary injunction, citing lack of evidence regarding prior use of their mark 'VITAPLEX'. Recognizing the long pendency of the original suit (since 2008), the Court disposed of the appeal without interfering with the lower court's finding on interim relief. Instead, it directed the trial court to expedite the final decision on the merits of the case within a strict timeframe.
Harish Khatri S/o Late Shree Radheyshyam Khatri v.M/s Khatri Pannalal Premraj Bidi Manufacturer, Firm City Sawai Madhopur
The Rajasthan High Court modified a previous temporary injunction that had halted business operations by restricting the use of the registered trademark 'Macchis Brand Bidi'. Recognizing that both parties are partners in the firm, the court stayed the restriction on using the trademark until the underlying partnership dispute is resolved. This decision allows the defendants to continue their trade while ensuring the main suit proceeds expeditiously.
Inter Ikea Systems Bv v.Br Retail India Private Limited And Anr.
The Delhi High Court granted an interim injunction in favor of Inter Ikea Systems Bv, finding that the defendants were likely infringing on IKEA's registered trademarks. The court ordered the defendant to immediately cease using the deceptively similar 'TIKEA/' mark across all goods and services. Furthermore, the judgment mandated the removal of any infringing material from the website www.tikea.in and directed the defendants to take steps to get such content taken down from third-party websites.
Nayan India Science And Technologies Private Limited v.Intents Mobi Private Limited & Anr
The plaintiff filed a suit alleging infringement of three Indian Patents (373372, 407425, and 317629) by the defendant. The court registered the plaint as a suit and directed parties to file pleadings while addressing applications for injunctions.
Macgregor, Alexander v.Assistant Controller Of Patents And Designs & Anr.
The appellant challenged the Assistant Controller's order dated November 19, 2020, which rejected Patent Application No. 3036/DELNP/2012 for 'Derivatives of Di(phenylpropanoid) Glycerol'. The court first condoned a delay of 479 days in re-filing the appeal and subsequently issued directions to list the matter before the Joint Registrar.
Microsoft Corporation v.Assistant Controller Of Patants And Designs
Microsoft Corporation filed an application seeking discharge of its advocates. It was stated that Microsoft had assigned the subject Patent Application no. 84/DEL/2005 to Zhigu Holdings Limited in 2017, and since the matter transferred from IPAB, there has been no communication with the assignee.
Conqueror Innovations Private Limited v.Xiaomi Technology India Private Limited
The plaintiffs filed a commercial suit alleging infringement based on their patent. The court addressed several interlocutory applications, granting exemptions for mediation and allowing parties time to file necessary pleadings and documents.
Grauer And Weil (India) Limited v.Mr. Nirav Shah & Ors.
In a dispute concerning specialized lubricants, the Delhi High Court allowed Grauer And Weil to proceed with its suit against former employees and their associated firms. The court granted an exemption from mandatory pre-institution mediation and appointed a Local Commissioner. This commissioner is tasked with conducting a detailed inventory of the defendants' products and collecting samples, based on allegations that the defendants are using confidential information and trade secrets related to the plaintiff’s 'GRODAL' brand.
Huhtamaki Oyj And Anr v.Controller Of Patents
Huhtamaki Oyj appealed a patent application rejection (Application No. 6727/DELNP/2014) based on lack of inventive step. The High Court examined the prior art references and found that the initial rejection was flawed, particularly regarding the procedural aspects. Consequently, the court quashed the impugned order and remanded the application for fresh consideration.
Relaxo Footwears Limited v.Om Shiv Footwear Through Its Owner Partner Proprietor Mr. Sushil Bansal
The Delhi High Court granted an ex parte ad interim injunction in favor of Relaxo Footwears Limited against Om Shiv Footwear. The suit alleged infringement of a registered design (Design No. 365606-001) for its 'BAHAMAS' footwear, along with passing off and imitation of the unique trade dress and packaging. The court found that a prima facie case was made out, noting striking similarities in both the product design and the distinctive packaging between the parties. This interim order immediately restrained the defendant from further dealing in the infringing products.
Bigmuscles Nutrition Pvt Ltd v.Avijit Roy & Ors.
Bigmuscles Nutrition Pvt Ltd successfully secured an ad interim injunction against social media influencers (Defendants 1-3) who were allegedly spreading false and defamatory claims about its '100% Performance Whey' product. The court found that the defendants' videos, which claimed the supplement was unsafe and amino spiked, constituted deliberate defamation and tarnishment of goodwill. Consequently, the court ordered the immediate takedown of specific impugned content across various social media platforms to prevent irreparable harm to the plaintiff’s reputation and sales.
Carlsberg Breweries A/S v.Tensberg Breweries And Industries Pvt Ltd
The Delhi High Court addressed an application regarding the alleged expansion of business by Tensberg Breweries despite a prior injunction order. Carlsberg contended that Tensberg was willfully violating the court's restraint by applying for fresh excise licenses in new states using the restrained marks. The court found merit in Carlsberg's contention, leading to notice being issued to Tensberg and setting the matter for further arguments.
Arjan Impex Pvt Ltd v.Ashish Padia & Anr.
Arjan Impex Pvt Ltd filed a rectification petition seeking the revocation of Patent No. 418294, titled "BONDED FUSION BOWL," registered in the name of Respondent No. 1. The court issued interim orders addressing procedural matters and restraining both parties from engaging in conduct that hinders each other's business during the pendency of the proceedings.
Fybros Electric Private Limited v.Hira Lal Jain Trading As Vikram Cable Industries and Anr.
The Delhi High Court allowed Fybros Electric Private Limited's petition, directing the removal of the rival trademark 'NEBROS' from the trade mark register. The court found that NEBROS was deceptively similar to the petitioner's earlier marks and covered identical goods (wires and cables) in Class 9. Given the likelihood of public confusion, the High Court ruled that the registration of NEBROS should not be upheld.
M/S.D.R.Raanka Bros. v.Mr.Om Prakash
The Madras High Court dismissed the trademark infringement suit filed by M/S.D.R.Raanka Bros against Mr. Om Prakash. The court found that despite both parties operating in the silver jewelry trade, the defendant's use of 'D.R.R.' alongside descriptive words ('Shri Mahalakshmi Velli Maligai') did not constitute infringement or passing off of the plaintiff's registered marks like 'D.R.RAANKA'. The judgment emphasized that a marked difference in trading style prevents consumer confusion.
Modern Doordevices Pvt. Ltd. v.Jai Maa Vaishno Traders Pvt. Ltd. & Anr.
The Delhi High Court issued several orders in the trademark dispute between Modern Doordevices Pvt. Ltd. and Jai Maa Vaishno Traders Pvt. Ltd. The court directed the Registry of Trade Marks to provide the complete record related to the impugned trademark 'INDO GARV' (Registration No. 5361272) for review by the parties. Furthermore, procedural applications regarding document exemptions were disposed of, while notice was issued in the main proceedings.
Zydus Healthcare Ltd. v.Assistant Controller Of Patents And Designs & Anr.
Zydus Healthcare Ltd. challenged the grant of Patent IN 426553 by alleging that the claims were broadened beyond the original filing scope, violating Section 59 of the Patents Act, 1970. The court issued an interim order addressing procedural matters (CM 61/2023) and directed notice to all parties for further consideration of the main petition.
Jayshree & Company v.The State Of West Bengal & Ors
Jayshree & Company challenged a notice issued by respondents restricting the registration of their echo friendly e-rickshaws. The restriction was based on an order in a Title Suit where a fuel cell battery manufacturer alleged patent infringement. The court ruled in favor of the petitioner, directing authorities to grant registration provided the vehicles are distinct from those in the ongoing suit.
Decco Worldwide Post Harvest Holdings B.V v.The Controller of Patents and Designs
The appellants appealed against the Assistant Controller's rejection of their patent application for a fungicidal treatment using Ortho-phenyphenol (OPP) to treat black sigatoka in banana plants. The Controller rejected the application citing lack of novelty, inventive steps, and non-patentability under Section 3(h).
Ms Lightbook & Anr. v.Mr Pravin Shriram Kadam & Ors.
The Delhi High Court dismissed the plaintiffs' application for interim injunctive relief, despite arguments regarding priority of registration and deceptive similarity. The court found that the plaintiffs were disentitled to immediate relief due to their failure to disclose a material fact—a previous admission made by them in response to a Section 57 rectification application filed by the defendants. This omission was deemed a clear case of misrepresentation and concealment, preventing the court from granting an injunction at this preliminary stage.
Jockey International Inc. v.M/S Khalsa Accessories & Ors.
The Delhi High Court registered the suit filed by Jockey International Inc. against M/S Khalsa Accessories & Ors., finding a prima facie case of trademark infringement and passing off. The court noted that 'JOCKEY' is a well-known trade mark, supported by extensive sales figures and promotional expenditure. While granting procedural exemptions to the plaintiff, the court proceeded with the suit, allowing for further pleadings and setting up the framework for interim injunctive relief.
Resilient Innovations Pvt. Ltd. v.Phonepe Private Limited & Anr.
The Delhi High Court dismissed multiple petitions filed by Resilient Innovations seeking the removal/rectification of several PhonePe trademarks. The court held that because the petitioner had previously raised objections regarding the descriptive nature and invalidity of the marks in a separate civil suit (CS(COMM) 292/2019), they were bound by Section 124 of the Trademarks Act, 1999. This section mandates that challenges to trademark validity must be addressed within the original civil proceeding before the court can allow rectification proceedings.
Fybros Electric Pvt Ltd v.Mukesh Singh & Anr.
The Delhi High Court allowed Fybros Electric Pvt Ltd's petition seeking rectification of the trademark register. The court found that the respondent's registered mark was deceptively and phonetically similar to the petitioner's earlier mark, despite both being registered for identical goods in Class 11. Crucially, the judgment established that a challenge under Section 57 does not require the petitioner to prove actual damage, only that the mark is improperly maintained on the register.
Bristol Myers Squibb Holdings Ireland Unlimited Company v.Angle Bio Pharma & Ors.
The dispute involved allegations of patent infringement concerning the drug 'Apixaban' (Patent IN 247381). The parties reached a comprehensive settlement agreement with all defendants. The court accepted the terms, decreeing the suit subject to the agreed-upon conditions.
Synthes Gmbh v.Controller General Of Patents, Designs and Trademarks and Anr
Synthes Gmbh challenged an earlier decision by the Controller General of Patents, Designs and Trademarks before the Delhi High Court. The appellant raised objections concerning the drafting and procedural lapses in the impugned order, specifically noting abrupt conclusions regarding non-compliance with Section 2(1)(j) of the Patents Act. The court issued this order to clarify these points, treating it as a corrigendum to the original judgment.
Astrazeneca Ab v.Westcoast Pharmaceutical Works Limited
This Delhi High Court judgment addressed the defendant's application to reject the plaintiff's patent infringement suit. The court rejected arguments regarding lack of pecuniary jurisdiction, clarifying that specific allegations of ongoing sales negate the 'mere apprehension' standard used in previous cases. Furthermore, the court dismissed the contention based on the Aloys Wobben controversy, holding that pending post-grant opposition proceedings do not automatically preclude the institution of an infringement suit.
Microsoft Technology Licensing, LLC v.The Assistant Controller Of Patents And Designs
Microsoft challenged the Assistant Controller's decision rejecting its patent application for a network authentication system under Section 3(k) of the Patent Act, arguing that the invention provided a genuine technical solution to security problems. The Delhi High Court set aside the rejection based on the flawed interpretation of 'computer program per se,' emphasizing that an algorithm should not be automatically excluded if it offers a tangible technical contribution. Consequently, the matter was remanded back to the Controller for re-examination regarding novelty and inventive step.
Voiceage Evs Llc v.Guangdong Oppo Mobie Telecommunications Corp Ltd & Ors.
The plaintiff, Voiceage Evs Llc, filed a suit alleging that the defendants infringed upon four specific Indian patents related to EVS Standards in their mobile handsets. The court registered the plaint and issued summons, while also addressing several interlocutory applications concerning document filing and seeking temporary injunctions.
Hamdard National Foundation India v.Government Of Nct Delhi
Hamdard National Foundation India challenged the unrestricted use of 'Rogan Badam Shirin' by Ayurvedic manufacturers for almond oil, arguing it was reserved for Unani medicine. The petition sought directions to prevent unauthorized usage of this terminology. The court noted that the Ministry of Ayush had communicated to State licensing authorities that Raughan-E-Badam Shireen requires a Unani Drug License, thereby satisfying the petitioner's primary relief.
Synthes Gmbh v.Controller General Of Patents, Designs And Trademarks and Anr
Synthes Gmbh challenged an impugned order from the Assistant Controller of Patents, Designs and Trademarks, arguing that the rejection lacked due process. The court found that the original order was a 'total mockery' as it merely cut and pasted objections without providing any reasoned analysis or considering the appellant's replies. Recognizing the severe procedural lapses, the Delhi High Court quashed the decision and remanded the application for fresh consideration by a different officer.
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