India Patent Cases
4,815 decisions indexed
Page 95 of 161 · 4,815 total
Kohinoor Seed Fields India Pvt. Ltd. v.Veda Seed Sciences Pvt. Ltd. & Anr.
The Delhi High Court issued an order in the trademark dispute between Kohinoor Seed Fields India Pvt. Ltd. and Veda Seed Sciences Pvt. Ltd. The court noted that the Plaintiff had filed a suit seeking infringement and passing off of its registered trademarks. Consequently, the matter was scheduled for listing before the appropriate bench on December 6, 2022, to continue the ongoing litigation.
Alpa Laboratories Limited v.Troikaa Pharmaceuticals Ltd And Anr.
The petitioner, Alpa Laboratories Limited, filed a petition seeking the revocation of Patent IN '231479. The petitioner argued that although the patent was revoked by the Deputy Controller of Patents on December 1, 2020, an appeal had stayed this revocation order. The court issued notice and directed parties to file submissions.
SaNOtize Research and Development Corp. v.Lupin Limited
SaNOtize Research and Development Corp. filed a suit alleging that Lupin Limited infringed its proprietary technology, NONS (a Nitric Oxide Nasal Spray), by developing and marketing a competing product called NOXGUARD, in breach of a Confidentiality Agreement. The appeal challenged the dismissal of SaNOtize's interim application seeking an injunction against NOXGUARD.
ITC Limited v.Khayrul Bashar And Anr.
The Calcutta High Court allowed ITC Limited's application for rectification against the trademark 'NEEMYLE'. The court found that the registration was obtained wrongfully because the Registrar failed to conduct a proper and adequate search of earlier, similar marks. Given the prior extensive use and established goodwill of ITC's mark 'NIMYLE', the continuance of the impugned mark was deemed contrary to public interest, leading to its cancellation.
Janssen Pharmaceutica N.V. v.The Controller Of Patents And Anr
Janssen Pharmaceutica N.V. filed an appeal challenging the rejection of its Indian Patent Application no. 4805/DELNP/2007 by the Controller of Patents and Anr. The application was rejected on grounds of lacking inventive step (Section 2(1)(j)) and insufficient disclosure (Section 10) of the Patents Act, 1970.
Paresh Ajitkumar Kapoor v.Tomar Enterprises
Paresh Ajitkumar Kapoor filed a suit seeking perpetual injunction against Tomar Enterprises and others for alleged infringement of his air cooler designs. The plaintiffs claimed their unique, registered designs were being copied by the defendants. The court found that the plaintiffs had established a prima facie case, supported by evidence showing copies and prior rejection of cancellation applications. Consequently, the temporary injunction application was allowed, restraining the defendants from manufacturing or selling the infringing design.
Blackberry Limited v.Assistant Controller Of Patents And Designs
Blackberry Limited appealed an order dated July 31, 2019, wherein its application for grant of a patent was rejected. The court issued notice to the respondent and directed both parties to file written submissions within specified timelines.
Morful Sheikh Trading as Azad Beedi Factory v.Rafeeq Beedi Factory
The plaintiff, Morful Sheikh Trading as Azad Beedi Factory, sued several defendants for infringing its proprietary trademarks, copyrights, and trade dresses related to its 'Bidis' business. The plaintiff claimed exclusive rights over marks like DEEWANA BIRI NO. 302, which was registered under the Trade Marks Act, 1999. The court found that the defendants were using deceptively similar marks (DEEBAN BIRI and numerical 305) in relation to the same goods.
Vbm Medizintechnik Gmbh v.Geetan Luthra
The Delhi High Court granted an interlocutory injunction in favor of Vbm Medizintechnik Gmbh against Geetan Luthra regarding the use of the mark 'VBM'. The court found that despite prior distribution agreements, the defendant's subsequent registration and use of a deceptively similar mark for medical equipment constituted infringement. The ruling emphasizes the need to prevent consumer confusion when one party leverages another's established brand identity.
Krbl Limited v.Ashok Kumar
Krbl Limited filed a suit seeking permanent injunction against defendants for infringing its registered trademark, 'INDIA GATE with device of INDIA GATE', which is used in the business of rice. The court found that Defendant No. 1 was fraudulently using the trademark through an impugned website and domain name, leading to unauthorized sales and collection of money.
Levi Straus & Company v.Sunil Yadav
The plaintiff, Levi Strauss & Company, filed a suit against Sunil Yadav for the clandestine manufacturing, storing, and selling of jeans and accessories bearing falsified trademarks identical or deceptively similar to 'Levi's', 'Two Horse logo', and 'Arcuate Stitching Design'. The court found that the defendant was blatantly infringing the registered trademarks and passed a decree in favor of the plaintiff.
M/S. Paam Biotech Pvt. Ltd. v.Registrar Of Trademarks, Govt. Of India
Paam Biotech Pvt. Ltd. filed a writ petition seeking an expeditious disposal of its long-pending trademark registration application for 'DELPAR.' The Rajasthan High Court intervened, directing the Registrar of Trademarks to process and decide the application no. 2192781 as quickly as possible, specifically within three months from receiving the court order. This ruling provides a crucial timeline for the petitioner's intellectual property rights.
Ecomax Solutions Pvt. Ltd v.Energeo Building Solutions Llp & Ors
The case involves issues related to patent infringement, rights relating to confidential information, and copyrighted drawings concerning the Automatic Tube Cleaning system. The court appointed Local Commissioners to ascertain the working of the system used by the Defendants.
Milaap Social Ventures India Pvt Ltd v.Google India Pvt Ltd
The Karnataka High Court allowed Milaap Social Ventures to amend its original suit, which was initially based on common law passing off. The petitioners sought to incorporate a statutory claim for trademark infringement after their mark ('MILAAP') was registered. The court overturned the trial judge's rejection, emphasizing that amendments should be liberally granted if they do not cause prejudice and are not mutually destructive with existing reliefs. This ruling allows parties to consolidate related IP claims under one suit.
Burger King Corporation v.Swapnil Patil & Ors.
In a significant move protecting its brand integrity, Burger King Corporation successfully secured an ad interim injunction from the Delhi High Court. The court recognized that defendants were attempting to circumvent previous orders by opening new bank accounts and registering highly similar domain names (www.burgerkingfranchise.co.in). Consequently, the court ordered the immediate suspension of these domains, freezing the associated bank accounts, and mandating the takedown of all infringing online listings.
Sun Pharma Laboratories Ltd v.Intas Pharmaceuticals Limited & Anr.
The plaintiff sought an interim injunction against the defendants for alleged infringement and passing off of its medicinal goods under the marks 'SITARED' and 'SETARET', claiming similarity with the defendant's mark 'SITARA-D'. The court found that prima facie, the two marks were not phonetically or visually similar, and dismissed the application for an interim injunction.
H.S. Sahni, Sole Proprietorm/S M. K. Auto Sales Corporation v.Saic Motor Corporation Limited & Ors
This Delhi High Court order initiates a trademark infringement suit filed by H.S. Sahni against Saic Motor Corporation Limited concerning the use of the marks 'M.G' and 'M.G.I' in the automotive sector. The Plaintiff claims rights based on continuous use since 1989 and registered trademarks from 1998, alleging that the Defendant is infringing upon these established marks. While procedural applications were disposed of, the Court formally registered the suit and directed the Defendants to file a detailed affidavit regarding their sales figures and product launches under the disputed mark.
Ds Confectionery Products Limited v.Nirmala Gupta And Anr
The Delhi High Court granted a permanent injunction in favor of Ds Confectionery Products Limited against the defendants for trademark infringement and passing off related to confectionery products. The plaintiff successfully demonstrated that its marks (PULSE/) were being deceptively used by the defendants' goods (PELSE/ and PLUS++/). Furthermore, given the defendants' failure to appear despite service, the court awarded the plaintiff damages of Rs. 2,00,000/-.
Parle Products Private Limited v.Britannia Industries Ltd.
Parle Products filed a suit against Britannia Industries alleging disparagement and unfair competition through advertisements for 'Britannia Milk Bikis.' The court found that the use of terms like 'G-NAHI' and similar packaging strongly suggested a comparison with Parle-G. Recognizing both parties' willingness to resolve the dispute, the Delhi High Court referred them to mediation while issuing an interim injunction preventing Britannia from re-publishing the print advertisements.
Cavinkare Pvt. Limited-Trends Division v.P & P Associates
Cavinkare Pvt. Limited-Trends Division filed a civil suit against P & P Associates alleging multiple infringements, including unauthorized use of the registered trademark 'GREEN TRENDS' and copyright infringement related to product artistic works. The plaintiff sought permanent injunctions and damages for passing off. Ultimately, both parties reached an amicable settlement, which was formalized through a Memorandum of Compromise (MOC).
Vijay Baweja Proprietor Of Ms Vijay Auto Sales v.Ajay Baweja Trading As Ajay Auto Spares & Anr.
The Delhi High Court addressed a rectification petition filed by Vijay Baweja against Ajay Baweja concerning the trademarks 'AIRGOLD' and 'AIR GOLD (Device)'. The court accepted the petitioner's application to summon the original records related to these marks from the CGPDTM. The core dispute revolves around the joint ownership of the mark, which was subsequently assigned exclusively by the respondent without obtaining a necessary No Objection Certificate (NOC) from the petitioner.
Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Bdr Pharmaceuticals International Pvt. Ltd.
The plaintiffs sought a permanent injunction against the defendants for dealing in generic APIXABAN infringing Indian Patent No. IN'247381. The dispute centered on whether the defendants' continued activities, such as participating in tenders and authorizing distributors post-injunction, constituted willful disobedience or contempt of court.
Inventio Ag And Anr v.Schneider Elevator India Pvt. Ltd. And Anr.
The Delhi High Court granted an ad interim ex-parte injunction in favor of Inventio Ag And Anr. against a newly formed company, VDMIL Elevator India. The court found that this new entity was being used to circumvent existing trademark injunctions previously passed against the original defendants (Schneider Elevator). The order restrains the proposed defendant from using marks or logos deceptively similar to the plaintiff's registered trademarks and from mimicking the plaintiff's website look and feel.
Nokia Technologies Oy v.Guangdong Oppo Mobile Telecommunications Corp Ltd
Nokia, holding several patents deemed Standard Essential Patents (SEPs) for cellular technologies (2G-5G), filed an application seeking directions against Oppo. The dispute centered on whether Oppo's use of these patented standards required licensing under FRAND terms. The court dismissed Nokia's application, finding insufficient evidence to establish liability or justify the interim relief sought.
Janssen Pharmaceuticals & Others v.MSN Laboratories Pvt. Ltd.
The plaintiffs, patent holders of Indian Patent No. 312847 covering a combination therapy for diabetes (Metformin + Canagliflozin), filed suit against the defendant for infringement. The court found that a prima facie case was made out in favor of the plaintiffs and granted an ad interim injunction restraining the defendant from manufacturing or marketing the infringing product.
Cosmos Corporation v.Registrar Of Trade Marks & Anr
The Delhi High Court allowed an application filed by Cosmos Corporation seeking correction of a prior order. The correction was necessary because the parties had reached a settlement, resulting in the assignment of Trademark Registration No. 3628175 (TROPICLEAN) from the Registrar of Trade Marks to Cosmos Corporation. This ruling formally recognized the terms of the private agreement within the court record.
Rxprism Health Systems Private Limited v.Canva Pty Ltd & Ors
The case involves RXPRISM challenging the validity of a patent held by Canva, with arguments presented regarding non-infringement and prior art.
NEC Corporation v.Assistant Controller of Patents and Designs
NEC Corporation appealed the rejection of its patent application (No. 201717010986) by the Assistant Controller of Patents and Designs. The rejection was based on a lack of inventive step. The court allowed applications for exemption and condoned the delay in filing the appeal, subsequently listing the case for further hearing.
FMC Corporation & Ors. v.GSP Crop Science Private Limited
FMC Corporation filed a suit seeking an injunction against GSP Crop Science Private Limited for allegedly infringing Indian Patent No. IN 252004, which covers a method for preparing intermediates used in manufacturing the insecticide CTPR. The Plaintiffs argued that the Defendant's process was identical to the patented method. However, the Court dismissed the interim injunction application, finding that the balance of convenience favored the Defendant and raising doubts about the patent's industrial applicability due to its age.
M/s. L'Oreal S.A. v.M/s. J.R. Cosmetic Shop
The plaintiff, L'Oreal S.A., filed a suit alleging that the defendant, J.R. Cosmetic Shop, was manufacturing and selling goods using trademarks deceptively similar to its well-known brands like L'OREAL and MAYBELLINE in Hyderabad. The court found in favor of the plaintiff.
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