India Patent Cases
4,815 decisions indexed
Page 94 of 161 · 4,815 total
The Hind Samachar Limited v.M/S Punjab Kesari Publishers Pvt. Ltd
In a significant ruling, the Delhi High Court allowed for the rectification of the 'PUNJAB KESARI NATIONAL' trademark following an inter-party settlement. The court directed the Trademark Registry to amend the registration, limiting the scope and territory of the mark exclusively to specific regions defined in the parties' Memorandum of Family Signature (MoFS). This decision provides a clear legal mechanism for resolving complex territorial disputes between brand owners through negotiated settlements.
The General Hospital Corporation And Anr. v.The Controller of Patents And Designs And Anr.
The General Hospital Corporation appealed against an order passed by the Controller of Patents and Designs under Section 15 of The Patents Act, 1970, which dismissed their patent application. By consent of both parties, the Calcutta High Court set aside the impugned order.
Art Screw Co., Ltd. v.The Assistant Controller Of Patents And Designs
Art Screw Co., Ltd. appealed a decision by the Assistant Controller denying its patent application for 'Fastener and Fastening Structure' on grounds of lack of inventive step over prior art. The High Court found that the original order lacked proper reasoning and comprehension, leading to the setting aside of the impugned order.
Laans Portfolios Pvt Ltd v.The Registrar Of Trade Marks
The Delhi High Court allowed Laans Portfolios Pvt Ltd's appeal against an order that deemed its trademark application 'VEGAZVA' abandoned. The core issue was a procedural discrepancy where the Registrar failed to consider the Appellant's filed counter-statement despite it being on record for one of the identical opposition filings. Recognizing this clerical error and the unfairness to the applicant, the Court set aside the abandonment order, restored the application, and directed the Registry to process the registration.
M/S Tejram Dharampaul v.M/S Ganesh Tobacco Company
The Delhi High Court granted an ex-parte ad interim injunction in favor of M/S Tejram Dharampaul against M/S Ganesh Tobacco Company. The court found that the Defendant's use of 'GANESH CHHAP TOBACCO' was likely to cause confusion with the Plaintiff's long-established mark, despite the Plaintiff lacking a formal word mark registration for the specific phrase. Furthermore, the Court appointed a Local Commissioner to inventory and seize goods bearing the infringing mark.
The Hind Samachar Limited v.Punjab Kesari Publishers Pvt. Ltd.
The Delhi High Court disposed of a rectification petition concerning the trade mark 'PUNJAB KESARI' after the involved family members reached an oral and written settlement. The court directed the amendment of the trademark registration, effectively carving out specific geographical territories for both the petitioner (VKC group) and the respondent (AKC group). This resolution allowed the parties to coexist using the same mark within defined regional boundaries.
M/S Tej Ram Dharam Paul & Anr. v.M/S Om Shiva Products Inc & Ors.
The Delhi High Court granted an interim injunction in favor of the Plaintiffs against the Defendants regarding trademark and copyright infringement. The court found that the Defendants' marks, 'ICE FEEL' and 'LIPLOCK', were deceptively similar to the Plaintiffs' registered trade dress and word marks, 'COOL LIP'. Despite jurisdictional challenges raised by the Defendants, the Court held that the Plaintiffs had established a strong prima facie case based on prior use and substantial similarity. The injunction restricts the Defendants from manufacturing or selling products under these impugned marks.
Ramesh Chander v.Pritam Das
This Delhi High Court order addresses a trademark opposition filed by Ramesh Chander against Pritam Das. The petitioner claims prior use and ownership of the mark 'ANIL' for confectionary goods, arguing that the respondent's later registration is barred under Section 12(1) and obtained through fraud. The court issued directions to serve notice on the respondent and set timelines for filing replies and rejoinders, moving the matter forward in the opposition proceedings.
Somani Industries v.Registrar Of Trade Mark, Government Of India; Somani Ceramics Limited
Somani Industries approached the Rajasthan High Court seeking intervention regarding a long-pending trademark application ('SOMANI'). The petitioner sought direction for the Registrar of Trade Marks to expedite the decision process, especially considering an existing opposition from Somani Ceramics Limited. The court disposed of the writ petition by directing the Registrar to decide both the pending application and the associated opposition at the earliest, preferably within two months.
Biogaia Ab v.Senior Examiner Of Trade Marks
The Delhi High Court allowed the appeal filed by Biogaia Ab against the Senior Examiner's refusal of the 'PROTECTIS' trademark for Class 5 goods (pharmaceutical products). The court found that 'PROTECTIS,' being an arbitrary term with no dictionary meaning, possesses sufficient distinctiveness and is not descriptive. Furthermore, the court noted that prior objections regarding similarity to other marks were unsustainable after reviewing their status. Consequently, the refusal was set aside, and the trademark application was directed to proceed for registration.
Novartis Ag v.Zydus Healthcare Limited
Novartis initiated a suit against Zydus Healthcare Limited alleging imminent threat to its commercial interests concerning the patented combination drug Sacubitril and Valsartan. The defendants filed an application seeking rejection of the plaint, arguing that the cause of action was illusory or based on misstatements. However, the Delhi High Court dismissed the application, holding that the court must decide such applications solely based on the allegations made in the plaint, without considering the defenses raised by the respondents.
Sonya Kapur v.Controller General Of Patent, Designs And Trademark and Ors
Sonya Kapur challenged the grant of Patent No. 363697 by the Patent Office, arguing that the pre-grant opposition filed by her was ignored. The court quashed the impugned order and remanded the patent application to the Patent Office for re-consideration, ensuring the petitioner's opposition is taken into account.
Deepak Khanna M/S B.D. Khanna Jewellers Pvt Ltd. v.Bhagwan Dass Khanna Jewellers
The Delhi High Court consolidated multiple trademark infringement and rectification petitions involving the 'BDK' mark. Following the abolition of the IPAB, the court revived the suit for infringement alongside the pending rectification matters. The court appointed a new Local Commissioner to proceed with recording evidence, setting a timeline for completion within three months.
Exhibitions India Pvt Ltd v.The Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Exhibitions India Pvt Ltd against the Registrar of Trade Marks' refusal to register the 'SMART CITIES INDIA' device mark. The court found that the mark was not merely descriptive or generic, especially given the Appellant's extensive history of using it for organizing exhibitions since 2015. Furthermore, the court determined that the mark was not deceptively similar to conflicting marks cited by the Examiner. Consequently, the refusal order was set aside, and the Trademark Registry was directed to process the registration.
Nif Private Limited v.Registrar Of Trade Marks
In this appeal concerning trademark registration, the Registrar of Trade Marks argued that Nif Private Limited was seeking repeated registrations for the same device mark. The court noted conflicting claims regarding prior and subsequent applications related to the brand 'Namaste India Creamy Delicious Dahi'. To properly adjudicate whether multiple registrations were being sought for the identical mark, the High Court directed the appellant to place both relevant trademark application documents on record.
Loreal v.The Registrar Of Trade Marks
The Delhi High Court allowed Loreal's appeal against the refusal of its trademark application 'PILLOW PROOF BLOWDRY' for hair care products. The court found that the mark was suggestive rather than descriptive, noting that while individual words are common, their combination does not immediately describe the product. Consequently, the court set aside the previous orders and directed the Trademark Registry to proceed with registration, provided a disclaimer is placed on the rights of the individual component words.
Suresh Mishra Trading As Sanskriti Yuva Sansthan Society v.Registrar Of Trade Marks, Government Of India
Suresh Mishra filed a writ petition seeking an expedited disposal of his pending trademark application, 'Bharat Gaurav,' which had been awaiting consideration since October 2006. The Rajasthan High Court addressed the petitioner's limited prayer by issuing a directive to the Registrar of Trademarks. The court mandated that the Registrar must decide the long-pending application within a period of four months from the date of receiving the order, thereby providing relief against administrative delay.
Joy Universal Ltd v.Registrar Of Trademarks
The Delhi High Court allowed the appeal filed by Joy Universal Ltd against the Registrar of Trademarks' refusal to register the word mark 'PRINCESS PAT'. The court found that the grounds for refusal, based on similarity to earlier marks under Section 11(1)(b) of the Trade Marks Act, were unsustainable. Crucially, the court noted that several cited conflicting marks had since been removed or refused registration, significantly changing the circumstances. Consequently, the application was directed to proceed, subject to a disclaimer ensuring no exclusive rights are granted in 'PRINCESS' or 'PAT' individually.
Torrent Pharma Limited v.Controller General Of Patents
Torrent Pharma Limited appealed a refusal order issued by the Assistance Controller of Patents regarding its patent application for 'Use of a Thiazolo Pyrimidinone for the Treatment of Inflammatory Bowel Disease'. The refusal was based on lack of inventive step and falling under Sections 3(d) and 3(e) of the Act. The court released the matter from part heard due to heavy board load.
Dhanavilas Madras Snuff Company v.Murugavilas Tirupur Snuff Co.
Dhanavilas Madras Snuff Company filed a civil suit against Murugavilas Tirupur Snuff Co., alleging trademark and copyright infringement concerning their respective snuff products. The plaintiff sought permanent injunctions, damages, and surrender of infringing materials based on the similarity of marks and artistic designs used on packaging. Ultimately, both parties reached an out-of-court settlement.
Dhanavilas Madras Snuff Company v.Murugavilas Tirupur Snuff Co.
Dhanavilas Madras Snuff Company filed a civil suit against Murugavilas Tirupur Snuff Co., alleging trademark and copyright infringement concerning their respective snuff products. The plaintiff sought permanent injunctions, damages, and surrender of infringing materials based on the similarity of marks and artistic designs. Ultimately, both parties reached an amicable resolution and entered into a Memorandum of Compromise.
Centrient Pharmaceuticals Netherlands B.V. v.Dalas Biotech Limited
The dispute involves a claim of infringement regarding a process patent for manufacturing Amoxicillin Trihydrate. The Plaintiffs sought to implead the Drug Controller General of India, arguing the Defendant failed to prove their process was different from the patented process. The Defendant countered that the Plaintiff was exceeding the scope and had not demonstrated product identity.
Akums Drugs Pharmaceuticals Limited v.Ferring B.V.
Akums Drugs Pharmaceuticals Limited filed a suit seeking a declaration that its pharmaceutical composition does not infringe Patent IN 387567 held by Ferring B.V. The defendant raised a preliminary objection regarding the non-compliance with pre-institution requirements under Section 105 of the Patents Act, 1970. The court allowed the plaint to be registered as a suit and directed the issuance of summons.
FMC Corporation & Ors. v.Natco Pharma Limited
FMC Corporation appealed an order that rejected its application for a permanent injunction against Natco Pharma Limited. FMC alleged that Natco's process for manufacturing Chlorantraniliprole (CTPR) infringed their patented method IN 298645, claiming equivalence between the processes. The Delhi High Court dismissed the appeal, finding no infringement because the use of thionyl chloride by Natco was not equivalent to sulfonyl chloride in the suit patent.
Telefonaktiebolaget Lm Ericsson (Pub) v.Controller General of Patents, Designs and Trademarks and Anr
This matter was transferred to the Calcutta High Court Original Side from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court issued procedural directions to the Department regarding record correction and directed the Commercial Appellate Division to issue notices to both parties before the returnable date. Consequently, the case was scheduled for listing in January 2023.
Multimodal Technologies, LLC v.Deputy Controller of Patents and Designs
This matter was transferred from the Intellectual Property Appellate Board (IPAB) to the High Court at Calcutta following the enactment of the Tribunals Reform Act, 2021. The court directed the relevant department to correct its records and subsequently listed the matter for January 2023.
Millennium Pharmaceuticals Inc v.The Controller Of Patents
Millennium Pharmaceuticals Inc filed an appeal challenging the order dated July 22, 2019, by The Controller of Patents. This order rejected the application for grant of a patent under various sections of the Patents Act, 1970. The court issued notice and directed both parties to file submissions and pleadings.
Techfields Pharma Co Ltd Yu Chongxi v.Deputy Controller Of Patents And Designs
This matter was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed the department to correct its records and instructed the Commercial Appellate Division to issue necessary notices.
Gea Refrigeration Netherlands Nv v.Metalex Cryogenics Limited
The plaintiffs filed a suit alleging that the defendants infringed upon their Indian Patent (IN 296857) related to piston compressor crankcases. The court registered the plaint and issued summons, setting out procedural directions for filing written statements and addressing various interlocutory applications.
Sirona Hygiene Private Limited v.Amazon Seller Services Private Limited
The court heard an application filed by Defendant 7 seeking permission to place screenshots and a research paper on record to challenge the novelty of Design No. 263764 asserted by Sirona Hygiene Private Limited. The plaintiff opposed the application, citing delay. The Court allowed the documents but directed the plaintiff to file an affidavit of admission or denial.
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