Hindustan Syringes And Medical Device and Ltd. v. Unomedical A/S and Anr.

Paras Ayurvedic Pharma Pvt LtdvsSalman Iqbal Ahmed Momin And Anr

This commercial appeal involved a dispute over the use of an artistic design on a medicinal oil, 'Roghan Sukoon Massage Oil.' The plaintiff claimed copyright infringement and passing off against the defendant. The core issue revolved around whether the defendant's similar artwork constituted blatant copying and if the plaintiffs had sufficient knowledge to pursue legal action promptly. The Bombay High Court dismissed the appeal, upholding the lower court's decision that the defendant did not infringe upon the plaintiffs' rights.

M/S Kaveri Plasto Containers Pvt LtdvsM/S Kaveri Polymers

The Karnataka High Court allowed an appeal filed by M/S Kaveri Plasto Containers Pvt Ltd, setting aside a lower court's decision that had barred them from filing a trademark infringement suit without first undergoing pre-institution mediation. The High Court held that because the appellant sought urgent interim reliefs, such as temporary injunction and appointment of a court commissioner, the mandatory requirement of pre-institution mediation under Section 12A of the Commercial Courts Act did not apply. Consequently, the original suit and all related applications were restored for trial.

Henkel Ag And Co. KgaavsThe Registrar of Trademarks

The Bombay High Court ruled in favor of Henkel Ag And Co. Kgaa, setting aside an earlier refusal by the Registrar of Trademarks to register a subject mark. The court found that the Senior Examiner failed to properly consider crucial material on record, including evidence of opposition and abandonment status of cited marks, as well as a NoC obtained by the petitioner. Consequently, the matter was remanded back for the Respondent to conduct a fresh hearing based on all submitted facts.

F- Hoffmann -La Roche AgvsZydus Lifesciences Limited

F- Hoffmann -La Roche filed a suit for infringement against Zydus Lifesciences Limited concerning two patents related to Pertuzumab, a monoclonal antibody used in cancer treatment. The court issued several procedural orders and directed both parties to provide exhaustive legal and scientific assistance, including disclosing experts and considering an independent Scientific Advisor, while the core issue of formulation identity remains pending.

ITC Limited Of Virginia HousevsThe Deputy Registrar Of Trademarks And Ors.

The Delhi High Court overturned a previous Registrar's decision that had treated ITC's opposition to the mark 'LUCKY NINE' as abandoned due to delayed filing of evidence. The court held that since ITC had clearly stated its willingness to rely on the grounds of opposition within the prescribed period, the abandonment was unjustified. Following this ruling and citing precedent, the High Court ultimately cancelled the registration of 'LUCKY NINE', restoring ITC's rights.