M/S. Vaibhav Equipments v. Vandhana Jain & Anr.

C.O. (COMM.IPD-TM) 156/2023 & C.O. (COMM.IPD-TM) 157/2023

M/S. Vaibhav Equipments initiated trademark opposition proceedings against Vandhana Jain & Anr., challenging the registration of identical marks in classes 9 and 35. The petitioner asserts prior use of their trademarks, including 'VESUMO' and 'SUMO', since 1997 for welding tools, arguing that the subsequent adoption by the respondent is in bad faith. The court has issued notice to the respondents and scheduled the matter for further pleadings and hearing.

Jurisdiction
India
Court
Delhi High Court - Orders
Case Number
C.O. (COMM.IPD-TM) 156/2023 & C.O. (COMM.IPD-TM) 157/2023
Judge(s)
Sanjeev Narula

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in patent matters before Delhi High Court - Orders. Understanding the court's reasoning in M/S. Vaibhav Equipments vs Vandhana Jain & Anr. is valuable context for structuring arguments or assessing risk in similar proceedings.

Related Cases

patentWP(C) No. 5182 of 2015

Yoshida KenjivsThe Asst.Controller Of Patents

This writ petition challenged the deemed abandonment of a Japanese national's patent application. The core dispute revolved around whether the 12-month statutory period for responding to the examination report should be calculated from the date the report was issued or the date it was actually received by the petitioner. The court ruled that the time limit must be counted from the date of receipt, finding that the petitioner had submitted a valid response within the extended timeframe.

patentW.P.No.11126 of 2016

Snj Distillers Private LimitedvsThe Deputy Registrar Of Trademarks

Snj Distillers Private Limited filed a writ petition seeking a Writ of Mandamus to compel the Deputy Registrar of Trademarks to issue a registration certificate for their trademark application. However, during the proceedings, the petitioner's counsel informed the court that the trademark certificate had already been issued. Consequently, the Madras High Court dismissed the writ petition as infructuous.

patentCS(COMM) 1120/2016

Luxembourg Brands S.A R.L & AnrvsG.M Pens International Pvt Ltd

The Delhi High Court partially decreed the suit for trademark infringement and passing off. Despite previous settlements where the defendant agreed to cease using certain marks, the court found that the defendant continued manufacturing and selling products under the mark 'TERAMAX'. Consequently, the court imposed a penalty of ₹5 lakh on the company's directors and mandated a detailed accounting and independent audit of all net revenue earned from the infringing sales.

patentC.S.No. 21 of 2012

Mr. Subramanian VenkataramanvsPrecision Automation and Robotics India Limited

The plaintiffs filed a suit seeking permanent and mandatory injunctions, along with damages, against the defendants for infringing their patent (No. 224911) related to multilevel car parking. The parties subsequently filed a joint withdrawal memo before the court.

patentCS(COMM) 425/2017

Nv Distilleries Pvt. Ltd.vsA.D.S Spirits Pvt. Ltd.

In this commercial suit concerning trademark and copyright infringement, the Delhi High Court allowed Nv Distilleries Pvt. Ltd. to file crucial additional documentation. The plaintiff sought permission to submit legal proceedings certificates and invoices related to their BESTO whisky brand. After considering arguments from both sides, the court granted leave for the documents to be taken on record, provided the plaintiff pays a cost of Rs. 15,000/-.

Arctic Invent — IP Strategy

Dealing with a patent challenge?

Whether it's a Section 3(d) rejection, a post-grant opposition, or a FRAND dispute, Arctic's patent litigation team has handled it. Get a strategy call.

Talk to our patent team →

Disclaimer: This page contains an automated summary based on publicly available judicial records. The content is generated for informational purposes only and does not constitute legal advice. Always verify details against the original source judgment before relying on this information for any legal purpose. If you believe any information is inaccurate, please contact us.

Strategy Consult

Facing a similar patent matter?

Arctic's litigation team uses precedent data like this to build winning arguments.

Get a Strategy Call