Industry Sector

Automotive — India Patent Cases

320 decisions indexed

Page 10 of 11 · 320 total

patent defendant favorable · Aug 17, 2018

Global Car Group Pte. Limited & Anr v.Droom Technology Private Limited

Delhi High Court · CS(COMM) 897/2018

The Delhi High Court addressed a dispute over alleged disparagement between Cars24 (Plaintiffs) and Droom Technology (Defendants). Plaintiffs claimed that the defendant's advertising campaign, which used similar catchphrases and visual elements, was designed to denigrate their brand. However, the court found that the defendant had sufficiently modified its advertisement and that the phrase 'DON’T BE A BAKRA' was an integral part of the defendant's registered trademark, not a disparaging reference to the plaintiffs. Consequently, the court allowed the defendant to continue using the revised advertisement during the pendency of the suit.

patent remanded · Jul 18, 2018

Jasper Motors Private Limited And Another v.The Proprietor, Basantee Battery Operated Rickshaw and Others

Calcutta High Court · GA No.2786 OF 2017, CS No.388 OF 2014

The applicant (Defendant No.2) filed an application seeking recall of a prior injunction order, arguing that the plaintiff's patent was invalid based on grounds like prior art and lack of inventive step under Section 64 of the Patents Act. The court found prima facie satisfaction regarding the patent's invalidity and noted the defendant's manufacturing activity, leading to the recall of the interim order.

patent plaintiff favorable · Jun 1, 2018

Vega Auto Accessories (P) Ltd. v.S.K. Jain Bros. Helmet (I) Pvt. Ltd.

Delhi High Court · CS(COMM) 837/2017

Vega Auto Accessories filed a suit seeking permanent injunction against S.K. Jain Bros. Helmet for infringing its registered design related to helmets. The court examined whether the features of the defendant's helmet were substantially similar to the plaintiff's protected design. After detailed comparison, the High Court found that the defendant's product was an obvious imitation, thus confirming the ad-interim injunction in favor of Vega Auto Accessories.

patent defendant favorable · Apr 23, 2018

Balbir Singh & Company v.Mex Switch Gears Pvt. Ltd.

Delhi High Court · CRP 87/2018

This Delhi High Court judgment addresses a challenge to the territorial jurisdiction of a district court in New Delhi. The petitioner challenged the suit filed by the respondent on the grounds that the court lacked jurisdiction. However, the court held that the plaint's averment that the defendant was clandestinely selling infringing goods within Delhi was sufficient to confer jurisdiction under both the Trade Marks Act and the Copyright Act. Consequently, the petition seeking rejection of the plaint was dismissed.

patent defendant favorable · Apr 21, 2017

Kanishk Sinha v.State of West Bengal

Calcutta High Court (Appellete Side) · WP-11061W-2017

The petitioner, a patentee, challenged actions of the State regarding e-rickshaws, asserting that defendants were infringing his patent on echo friendly vehicles. The court affirmed the petitioner's status as a patent holder and held that any license granted by the State in violation of the existing injunction would be void ab initio.

patent plaintiff favorable · Nov 3, 2016

Aktiebolaget Volvo & Ors v.Hari Satya Lubricants & Anr

Delhi High Court · CS(OS) 1771/2014

The Delhi High Court ruled in favor of Aktiebolaget Volvo & Ors, finding that the defendant's use of the mark 'VALVO' for lubricating oil products constituted trademark infringement and passing off against the well-known mark 'VOLVO'. The court issued a permanent injunction restraining the defendants from using the similar mark. Furthermore, nominal damages were awarded to one of the plaintiffs, reinforcing the protection afforded to famous trademarks in India.

patent dismissed · Sep 12, 2016

Mr. Subramanian Venkataraman v.Precision Automation and Robotics India Limited

Madras High Court · C.S.No. 21 of 2012

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.

patent dismissed · Sep 12, 2016

Mr. Subramanian Venkataraman v.Precision Automation and Robotics India Limited

Madras High Court · C.S.No. 21 of 2012

The plaintiffs filed a suit seeking permanent and mandatory injunction, 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.

patent dismissed · Mar 28, 2016

M/s.TVS Motor Company Limited v.M/S.Bajaj Auto Limited

Madras High Court · A.No.2647/2015 and A.No.4539/2015 in C.S.No.979 of 2007

The applications were filed by Bajaj Auto Limited (the defendant) seeking to eschew various documents marked as exhibits in a suit where TVS Motor Company Limited (the plaintiff) claimed non-infringement of Patent No. 195904. The court held that most objections regarding document admissibility could be deferred until the time of final arguments, except for specific objections concerning photocopies and newspaper clippings.

patent plaintiff favorable · Feb 10, 2016

Adidas Ag v.Union Of India & Anr.

Delhi High Court · W.P.(C) 3125/2013

The Delhi High Court overturned an Intellectual Property Appellate Board (IPAB) decision that had dismissed a rectification application concerning the trademark 'RESPONSE'. The court held that the IPAB's interpretation of 'person aggrieved' was contrary to law, especially when marks and goods are identical. Furthermore, the High Court found factual inconsistencies in the IPAB's assessment regarding the petitioner's use of the mark. Consequently, the matter was remanded back to the IPAB for a fresh hearing.

patent plaintiff favorable · Dec 16, 2015

Eicher Motors Limited v.Saurabh Katar And Others

Delhi High Court · CS (OS) No. 2998/2015

Eicher Motors Limited filed an application seeking to amend its plaint in a trademark infringement suit against Saurabh Katar and others. The plaintiff sought to significantly enhance the claimed damages from Rs. 21 lakhs to Rs. 1 crore, citing fresh listings of counterfeit products found on the defendants' website. The Delhi High Court allowed the amendment, noting that it did not alter the nature of the suit and was supported by cogent material available during the pendency of the litigation.

patent plaintiff favorable · Oct 7, 2015

Jasper Motors Private Limited v.The Proprietor, Basantee Battery Operated Rickshaw & Ors.

Calcutta High Court · CS No.388 of 2014

The plaintiff, Jasper Motors Private Limited, filed a suit regarding matters arising under the Patents and Design Act. The court initially faced issues regarding the admission of the plaint and whether proper leave had been obtained under Clause 12 of the Letters Patent. The court ultimately granted the necessary leave and admitted the plaint.

patent defendant favorable · Jun 17, 2015

Jasper Motors Private Ltd. v.The Proprietor, Basantee Battery Operated Rickshaw & Ors.

Calcutta High Court · GA No. 3378 of 2014 / CS No. 388 of 2014

The plaintiffs, holding a patent for an eco-friendly, battery-operated rickshaw design, alleged that the defendants were illegally importing, exporting, and selling the patented idea. Despite the lack of representation from the defendants, the court found them liable for infringing the patent.

patent pending · May 12, 2015

Kanishk Sinha v.Union of India

Calcutta High Court (Appellete Side) · W.P. 8290 (W) of 2015

Kanishk Sinha challenged the implementation of an amended notification under the Motor Vehicles Act, 1988, which brought 'E-rickshaws' within its ambit. The petitioner also claimed infringement of his patent related to technology for battery operated e-rickshaws.

patent plaintiff favorable · Sep 22, 2014

NRB Bearings Limited v.Windsor Export

Delhi High Court · I.A. No.3412/2010 in CS(OS) No.480/2010

The Delhi High Court granted an interim injunction in favor of NRB Bearings Limited against Windsor Export, finding that the latter was infringing on its trademark and goodwill through deceptive use of a similar domain name. The court held that the defendant's minor spelling variant ('nrbearing.com') was intentionally chosen to attract customers associated with the plaintiff's well-known mark 'NRB'. Given the prima facie case and the risk of irreparable confusion, the injunction was granted during the pendency of the suit.

patent defendant favorable · Apr 4, 2014

Standard Corporation India Ltd. v.Tractors and Farm Equipment Ltd.

Madras High Court · O.S.A.No.107 of 2013

The appeal challenged an order that rejected a claim filed by Tractors and Farm Equipment Ltd. against Standard Corporation India Ltd. The suit involved allegations of copyright infringement and passing off related to tractor drawings. The appellant argued the suit was barred because the design had been used more than 50 times without registration under the Designs Act, 1911.

patent defendant favorable ★ Landmark · Feb 24, 2014

Steelbird Hi-Tech India Ltd. v.S.P.S. Gambhir & Ors.

Delhi High Court · CS(OS) No.2407/2013

Steelbird Hi-Tech India Ltd. filed a suit seeking permanent injunction against S.P.S. Gambhir & Ors., alleging infringement of its registered helmet design (No. 241153). The core dispute revolved around whether Steelbird's design was novel and original, and if the defendants' product copied essential features. The court examined evidence showing that similar 'beak shaped' designs were already available in the market from competitors like STUDDS and AIROH prior to Steelbird's registration date.

patent plaintiff favorable · Jul 26, 2013

M/S Coral Seal & Ceramics v.Sunil Sagar

Delhi High Court · CS(OS) 1662 of 2012

The Delhi High Court upheld an existing ex parte ad-interim injunction in favor of M/S Coral Seal & Ceramics against Sunil Sagar. The court found a prima facie case for infringement and passing off, noting the high degree of deceptive resemblance between the products' marks, designs, and trade dress. Despite the defendant claiming prior use, the plaintiff successfully demonstrated early commercial activity through invoices, leading the court to make the interim injunction absolute pending the final trial.

patent remanded ★ Landmark · Mar 30, 2012

M/S Micolube India Limited v.Rakesh Kumar Trading As Saurabh Industries & Ors

Delhi High Court · CS (OS) No.1446/2011

M/S Micolube India Limited filed a suit against Rakesh Kumar Trading As Saurabh Industries for infringement of its registered container design. The dispute centered on the similarity of the designs, with both parties holding registrations from the same office. The defendants challenged the validity and scope of the plaintiff's rights, raising complex legal questions regarding concurrent registration and the applicability of passing off alongside statutory design law. Given the judicial inconsistency in existing precedents, the court decided to refer these fundamental issues to a larger bench for an authoritative ruling.

patent defendant favorable · Jan 31, 2012

Trans Tyres India Pvt. Ltd. v.Double Coin Holdings Ltd. & Anr.

Delhi High Court · FAO(OS) 296-97/2011

The Delhi High Court addressed an appeal concerning the trademark 'Double Coin' used for tyres. The court examined whether Trans Tyres India Pvt. Ltd., which had established significant market presence and registered the mark, was entitled to protection against Double Coin Holdings Ltd. The judgment focused heavily on the principles governing interim injunctions, ultimately finding that a prima facie case existed in favor of Double Coin Holdings Ltd. based on the goodwill associated with the brand.

patent plaintiff favorable · Nov 3, 2011

Puma Aktiengesellschaft Rudolf Dassler Sport v.Bhatia Time

Delhi High Court · FAO No.469/2011 & CM No. 20015/2011

The Delhi High Court granted interim relief in favor of Puma Aktiengesellschaft Rudolf Dassler Sport against Bhatia Time, who was selling products bearing the disputed 'PUMA' trademark. The court found that a prima facie case for passing off and trademark infringement had been made out by the plaintiff. Consequently, the court issued an immediate injunction restraining the defendant from using the mark and appointed a Local Commissioner to seize all infringing goods, packaging materials, and relevant business records.

patent plaintiff favorable · Sep 21, 2011

M/s.TVS Motor Company Limited v.M/s.Bajaj Auto Limited

Madras High Court · A.No.2258 and 2691 of 2011 in C.S.No.979 of 2007 and C.S.No.1111 of 2007

TVS Motor Company Limited filed applications seeking permission to reserve its right to lead evidence concerning the invalidity of Bajaj Auto Limited's Patent No.195904, which was central to a suit challenging infringement by the product TVS Flame. The court found that due to the interconnected nature of the facts and issues in both suits, a joint trial was necessary.

patent plaintiff favorable · Oct 4, 2010

Bajaj Auto Ltd. v.TVS Motor Company Ltd.

Madras High Court · O.S.A. Nos.132 and 133 of 2010

Bajaj Auto Ltd. appealed against an order directing them (the defendant in the original suit) to start leading evidence, while Bajaj Auto was the appellant. The original suit filed by TVS Motor Company Ltd. claimed that its product, TVS Flame, did not infringe Patent No. 195904 held by Bajaj Auto. The court ruled that since the plaintiff's suit was for declaration of non-infringement and damages, they should have been directed to lead evidence first.

patent plaintiff favorable · Jul 1, 2010

Maruti Suzuki India Ltd v.Additional Commissioner Of Income Tax Transfer Pricing Officer New Delhi

Delhi High Court · WP.(C).No. 6876/2008

This Delhi High Court judgment addresses complex issues related to transfer pricing, specifically concerning the use of trademarks and licensed information between Maruti Suzuki India Ltd. and Suzuki Motor Corporation, Japan. The case revolved around whether the expenses incurred by the Indian associate enterprise using the foreign brand's logo for promotion required compensation under tax laws. The court set aside the impugned order and directed the Transfer Pricing Officer (TPO) to determine an appropriate arm's length price for these international transactions.

patent defendant favorable · Feb 5, 2010

Pramod Kumar Garg v.M/S Punjab Tractor Limited

Delhi High Court · OCJA No.3/2000

The Delhi High Court dismissed the appeal filed by Pramod Kumar Garg against M/S Punjab Tractor Limited regarding the registration of the trade mark 'SWARAJ'. The court found that despite the goods being registered in different classes, the similarity in their commercial use (agricultural sector) and the common consumer base created a grave possibility of confusion. Furthermore, the appellant's claim of honest concurrent user was rejected due to doubts about the evidence provided regarding the timing and nature of its usage.

patent mixed · Jan 14, 2010

Micolube India Ltd. v.Maggon Auto Centre & Anr.

Delhi High Court · I.A. No. 3915/2009 in CS (OS) No. 2015/2007

The Delhi High Court addressed an application seeking to stay a trade mark infringement suit due to pending rectification proceedings. The court ruled that while the suit claiming infringement of a registered trademark must be stayed until the validity of the registration is determined, the separate claim for 'passing off' can continue independently. This nuanced decision clarifies the scope of Section 124 of the Trade Marks Act, allowing parties to pursue related claims even when one aspect of the litigation is paused.

patent remanded · Jan 12, 2010

Tata Motors Limited v.State Of West Bengal

Calcutta High Court · G.A. No. 3876 of 2008 / W.P. No. 1773 of 2008

Tata Motors challenged an order from the State Chief Information Commissioner which mandated the disclosure of commercially confidential information contained in a Memorandum of Agreement (MOA) with the Government of West Bengal regarding the manufacturing of its Nano car. The High Court, while noting that the initial proceedings were flawed due to the non-valid constitution of the SIC, set aside the impugned order and remanded the matter for fresh consideration by the State Information Commission.

patent mixed · Oct 15, 2009

M/S Wheels India v.S.Nirmal Singh & Another

Delhi High Court · CS(OS) 1261/2006

The Delhi High Court addressed an application seeking the vacation of an ex parte injunction granted in a trademark infringement suit involving the mark 'PRINCE'. The court found that the initial injunction was not warranted due to the lack of full disclosure of facts by the plaintiff. Consequently, the interim orders were vacated, but the defendant was directed to maintain and file quarterly accounts of profits earned under the disputed trademark, alongside publishing public notices to clarify the goods' origin.

patent mixed · Sep 16, 2009

Bajaj Auto Ltd v.TVS Motor Company Ltd

Supreme Court of India · Civil Appeal No. 6309 of 2009

This Supreme Court judgment addressed the protracted nature of patent infringement litigation, specifically concerning Bajaj Auto Ltd versus TVS Motor Company Ltd. The court emphasized that matters relating to patents must be decided expeditiously by the Trial Court rather than remaining stuck at the interlocutory stage over temporary injunctions. Consequently, the appeal was disposed of with directions mandating the respondent to file a written statement and directing the appointment of a Receiver to monitor sales records until the suit is finally disposed of.

patent defendant favorable · Aug 28, 2009

Chemtura Corporation v.Union Of India & Ors.

Delhi High Court · CS(OS) No. 930 of 2009

Chemtura Corporation filed an application seeking to continue an ad-interim ex parte injunction restraining defendants from infringing its patent on a side bearing pad assembly. The court examined the prima facie case and the balance of convenience, ultimately finding that the balance favored the defendants.

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 →