M/s.Power Soaps Limited v. M/s. C M Detergent

M/S Deen Dayal Anand Kumar SarafvsParas Agarwal T/A M/S Purushottam Agarwal and Co & Anr.

The Delhi High Court granted an ad-interim injunction in favor of the Plaintiff, M/S Deen Dayal Anand Kumar Saraf, against the Defendants. The suit alleged infringement and passing off concerning registered trademarks and copyright related to jewellery products. Given the strong goodwill associated with the Plaintiff's 'MD' marks and the likelihood of consumer confusion arising from the Defendants' use of similar marks like 'MD PAYAL', the court found a prima facie case in favor of the Plaintiff. The injunction restrains the Defendants from manufacturing or selling products under the impugned marks until further hearing.

Castrol LimitedvsVivek Sen, Trading As Tridev Auto Parts & Anr.

In a suit concerning trademark and copyright infringement, Castrol Limited successfully secured several critical interim orders from the Delhi High Court. The court granted exemptions allowing the Plaintiff to proceed urgently without pre-litigation mediation or prior notice to the defendants. Crucially, the court authorized the appointment of a Local Commissioner to conduct a search and seizure operation against the Defendants for counterfeit products bearing deceptively similar marks and packaging.

Boehringer Ingelheim International GmbHvsNexkem Biotech Pvt. Ltd.

Boehringer Ingelheim filed a suit seeking permanent injunction against Nexkem Biotech for infringing its patent related to Empagliflozin. The defendants challenged the maintainability of the suit by arguing that pre-institution mediation under Section 12-A of the Commercial Courts Act was not exhausted, as there was no urgency. The court dismissed this objection, finding that the suit did contemplate urgent interim relief and noting the defendants' admission of infringement.

M/S. Munjal Showa LimitedvsCommissioner Of Central Excise & St, Delhi (Gurgaon)

M/S. Munjal Showa Limited challenged demands for service tax levied on royalty payments made to M/s. Showa Corporation, Japan, concerning the transfer of technical know-how and IP rights (Patent, Utility model, Brand Service, Design, Trademark). The Tribunal ruled that since the relevant trademarks and designs were not registered in India under Indian law at the time, the services did not fall under IPR service as defined by the Finance Act, 1994. Furthermore, since the agreement was executed before the levy came into force, the demand was unsustainable.

Histogen IncvsThe Assistant Controller of Patents and designs

Histogen Inc filed a Transfer Civil Miscellaneous Appeal seeking to set aside an order passed by The Assistant Controller of Patents and designs regarding Indian Patent Application No. 5341/CHENP/2010. However, the appellant instructed their counsel to withdraw the appeal.