Industry Sector

Automotive — India Patent Cases

320 decisions indexed

Page 6 of 11 · 320 total

patent plaintiff favorable · Jan 30, 2024

Levi Strauss & Co. v.Lalit Kumar Jaggia

Delhi District Court · DLND010006512015 (T.M. No. 50/21)

Levi Strauss & Co. filed a suit against Lalit Kumar Jaggia seeking permanent injunctions due to the alleged infringement of its registered trademarks, including 'LEVI'S', 'Two Horse Logo', and associated designs, as well as copyright violation in its labels. The court found the defendant guilty of flagrant infringement and decreed the suit for permanent injunction along with awarding punitive damages.

patent settled · Jan 23, 2024

Amba Motorcyles Thr. Sh. Sanjeev Kapoor / Top MotoComponents Private Limited v.Mahavir Prasad

Delhi High Court - Orders · CS(COMM) 270/2018 & O.A. 52/2016

In a significant development for trademark litigation, the Delhi High Court allowed an application to replace one plaintiff with its successor-in-interest, Top MotoComponents Private Limited, who had acquired the assets and liabilities related to the 'TOP' trademark. Furthermore, the court subsequently accepted a joint application from both parties, leading to the suit being decreed based on the terms of a comprehensive settlement agreement. This outcome provides clarity on succession in IP disputes while finalizing the underlying commercial dispute.

patent plaintiff favorable · Jan 15, 2024

Castrol Limited v.Ibrahim Adamali Sanchawala, Trading As EA & Sons and T-Max Lubricants Andr.

Delhi High Court - Orders · CS(COMM) 39/2024

Castrol Limited filed a suit alleging trademark infringement and passing off against Ibrahim Adamali Sanchawala regarding the use of deceptively similar packaging for engine oils. The Delhi High Court granted several critical interim reliefs to Castrol, including an exemption from pre-litigation mediation and advance notice to the defendants. Crucially, the court allowed for the ex-parte appointment of a Local Commissioner to conduct a search and seizure operation on the defendant's premises to prevent further infringement.

patent interim order · Jan 11, 2024

Castrol Limited v.Vivek Sen, Trading As Tridev Auto Parts & Anr.

Delhi High Court - Orders · CS(COMM) 32/2024

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.

patent remanded · Jan 10, 2024

Robert Bosch Limitada v.Deputy Controller of Patents and Designs, Government of India

Madras High Court · C.M.A. (PT) No.31 of 2023

Robert Bosch Limitada appealed the Deputy Controller of Patents and Designs' order rejecting its patent application. The rejection was allegedly based on insufficient description, which the appellant argued was not properly communicated during the examination process. The High Court allowed the appeal and remanded the matter for fresh consideration.

patent plaintiff favorable · Jan 8, 2024

Eastman Auto And Power Ltd v.Mr. Amritpal Singh Proprietor Of Akai Battery House

Delhi High Court - Orders · CS(COMM) 19/2024, I.A. 396/2024, etc.

The Delhi High Court granted an ex parte ad-interim injunction in favor of Eastman Auto And Power Ltd against Mr. Amritpal Singh Proprietor Of Akai Battery House. The plaintiff, a major battery manufacturer, alleged that the defendant was infringing its registered trademarks by using confusingly similar marks like 'EASTPOWER' on batteries. The court found that the plaintiff had made out a prima facie case and granted immediate relief to prevent irreparable harm while the suit proceeds.

patent defendant favorable · Dec 8, 2023

M/S Ralson (India) Limited v.Shri. Surinder Singla

Delhi High Court · C.A.(COMM.IPD-TM) 111/2021

The Delhi High Court dismissed M/s Ralson's appeal challenging the Trade Marks Registry's decision to dismiss their opposition against the 'RANCHO' trademark. The core issue revolved around whether service of documents via email constituted valid notice, especially when no explicit email ID was provided in the initial opposition filing. The court held that while general rules allow for electronic service, specific statutory requirements must be met, distinguishing this case from prior precedents. However, recognizing Ralson's substantive claims, the Court granted them liberty to file a cancellation petition against the registered mark.

patent mixed · Nov 7, 2023

Shri Ram Autotech Private Limited v.Garima Singh & Anr.

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 199/2023

In a trademark dispute before the Delhi High Court, the court addressed an application filed by the respondent seeking condonation of a 21-day delay. The petitioner, Shri Ram Autotech Private Limited, expressed no objection to the delay being excused. Consequently, the court allowed the application, allowing the respondent's reply to be taken on record and granting time for filing a rejoinder.

patent dismissed · Nov 7, 2023

M/s. Honda Motor Co., Ltd v.M/s. Deputy Controller of Patents and Designs, Government of India

Madras High Court · (T)CMA(PT)/183/2023 (OA/SR.59/2019/PT/CHN)

M/s. Honda Motor Co., Ltd filed a Transfer Civil Miscellaneous Appeal (Patents) challenging the refusal order issued by the Deputy Controller of Patents and Designs on March 27, 2019. However, the appellant subsequently instructed its counsel to withdraw the appeal.

patent defendant favorable · Nov 3, 2023

Kirloskar Proprietary Ltd. v.Sardesai Auto Parts Pvt. Ltd.

Bombay High Court · 2023:BHC-AS:33381 (WP No. 13127 of 2023)

This case before the Bombay High Court addressed a challenge regarding the jurisdiction of a specific court after the transfer of civil suits. The petitioner argued that since the suit involved intellectual property (trademarks) and was valued at Rs. 10,00,000/-, it should fall under the Commercial Courts Act, 2015. However, the Court ruled that because the valuation fell below the minimum threshold prescribed by the notification under the Act, the provisions of the Commercial Courts Act were inapplicable. Consequently, the jurisdiction rested with the District Judge-1 as per the Trademarks Act, 1958.

patent mixed · Oct 30, 2023

Hero Electric Vehicles Private Limited & Anr. v.Mr. Aman Kumar & Ors.

Delhi High Court - Orders · CS(COMM) 388/2022 & I.A. 9002/2022

The Delhi High Court addressed an interim application in a trademark infringement suit brought by the Hero Group against various defendants. The court upheld the previous injunction granted on June 1, 2022, which protected the Plaintiffs' trademarks ('Hero Electric', 'Hero') and related intellectual property. Specifically, the existing orders directing the disclosure of details for infringing domain names (like www.elctricbikedelearship.com) and freezing associated bank accounts were maintained throughout the pendency of the suit.

patent plaintiff favorable · Oct 4, 2023

S M Motorenteile Gmbh v.Maharashtra Motors & Ors.

Delhi High Court - Orders · CS(COMM) 425/2022

S M Motorenteile GmbH successfully pursued an infringement suit in the Delhi High Court regarding its 'SM' trademark used for high-quality automotive parts. While a settlement was reached with Defendant Nos. 1 and 2, the court decreed the suit against Defendants 4 to 6, finding them liable for selling counterfeit products under the disputed mark. The judgment underscores the importance of maintaining clear documentation of brand history and rights in complex international IP disputes.

patent defendant favorable · Sep 5, 2023

Sundaram Industries Limited v.The Registrar of Trade Marks

Madras High Court · (T)CMA(TM)/140/2023 (OA/16/2019/TM/CH)

The Madras High Court dismissed Sundaram Industries Limited's appeal against the Registrar of Trade Marks' decision to refuse registration for the word mark TRISTAR. The court found that despite arguments regarding differences in goods, the appellant's proposed mark was near identical to an earlier registered mark (TM No. 308929). Given that both marks were applied to similar goods—solid industrial tyres and tyres/tubes for motor land vehicles—the court concluded there would be a likelihood of confusion or association among the public, thereby upholding the refusal under Section 11(1) of the Trade Marks Act.

patent dismissed · Aug 18, 2023

Produits Petroliers Organisation S.A.S. v.Narendra Kumar Gupta

Madras High Court · (T)OP(TM).No.456 of 2023

The Madras High Court dismissed a petition filed by Produits Petroliers Organisation S.A.S. seeking the cancellation of the trademark 'KENNOL.' The court noted that the mark had been deemed abandoned because the first respondent failed to file a counter statement in response to the petitioner's opposition notice. Consequently, the original legal challenge became moot.

patent defendant favorable · Aug 16, 2023

Hero Motocorp Limited v.Shree Amba Industries

Delhi High Court · CS(COMM) 1078/2018

Hero Motocorp Limited filed a suit seeking permanent injunction against Shree Amba Industries, alleging that the latter was infringing Hero's registered design (No. 271199) of a motorcycle front fender used on the HERO HF DELUXE model. The plaintiff claimed the defendant's product was a copy and constituted piracy. However, while examining the prima facie case for an interim injunction, the court found that the balance of convenience favored the defendant, noting that consumers could make informed choices between OEM and third-party parts. Consequently, the application for interim injunction was dismissed.

patent mixed · Jul 31, 2023

New Balance Athletics Inc. v.Nineplus Shoes Private Limited

Delhi High Court · CS(COMM) 572/2022

In this trademark infringement suit, the Delhi High Court addressed procedural issues arising from a Local Commissioner's report detailing alleged removal of infringing goods. The Court clarified that while the Defendant was found to be using the impugned mark contrary to assurances, it dismissed adverse observations against the defendant's counsel for merely informing industry associations about the lawsuit. Crucially, the Court mandated fresh service and personal appearance by the key representative of the Defendant, ensuring due process before proceeding with coercive measures.

patent dismissed · Jul 5, 2023

Honda Motor Co., Ltd. v.Assistant Controller of Patents and Designs, Government of India

Madras High Court · (T)CMA(PT)/67/2023

Honda Motor Co., Ltd. filed a Transfer Civil Miscellaneous Appeal (Patent) challenging an order issued by the Assistant Controller of Patents and Designs concerning its patent application No. 3330/CHE/2011. The appellant subsequently informed the court that it intended to withdraw the appeal.

patent mixed · May 29, 2023

Grauer And Weil (India) Limited v.Mr. Nirav Shah & Ors.

Delhi High Court - Orders · CS(COMM) 339/2023

In a dispute concerning specialized lubricants, the Delhi High Court allowed Grauer And Weil to proceed with its suit against former employees and their associated firms. The court granted an exemption from mandatory pre-institution mediation and appointed a Local Commissioner. This commissioner is tasked with conducting a detailed inventory of the defendants' products and collecting samples, based on allegations that the defendants are using confidential information and trade secrets related to the plaintiff’s 'GRODAL' brand.

patent plaintiff favorable · May 19, 2023

Jayshree & Company v.The State Of West Bengal & Ors

Calcutta High Court (Appellete Side) · W.P.A. 12041 of 2023

Jayshree & Company challenged a notice issued by respondents restricting the registration of their echo friendly e-rickshaws. The restriction was based on an order in a Title Suit where a fuel cell battery manufacturer alleged patent infringement. The court ruled in favor of the petitioner, directing authorities to grant registration provided the vehicles are distinct from those in the ongoing suit.

patent interim order · May 11, 2023

Jay Switches (India) Pvt. Ltd. v.Sandhar Technologies Ltd & Ors.

Delhi High Court - Orders · CS(COMM) 301/2023

The Plaintiff filed a suit alleging that the Defendant's fuel tank cap infringes their patent (IN427110) and registered design (275676). The court passed several orders, including allowing an exemption from pre-litigation mediation and granting interim relief regarding the production of impugned products.

patent plaintiff favorable · Apr 20, 2023

Joseph Vogele AG v.Registrar Of Trademarks

Delhi High Court - Orders · C.A.(COMM.IPD-TM) 124/2022

The Delhi High Court allowed Joseph Vogele AG's appeal against the Registrar of Trademarks' refusal of their 'AutoSet Plus' trademark. The court recognized the mark's international presence, including EU CTM registrations, and noted that the appellant had obtained no objection letters from relevant foreign proprietors. Consequently, the impugned refusal order was set aside, allowing the application to proceed for registration, provided specific disclaimers were included regarding the word 'Plus'.

patent mixed · Mar 24, 2023

Emitech Gesellschaft Fur Emissionstechnologie MBH v.Controller General Of Patents Designs And Trademarks And Anr

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 299/2022

Emitech Gesellschaft Fur Emissionstechnologie MBH filed an appeal challenging the rejection of its Indian Patent Application No. 9107/DELNP/2011 by the Controller General of Patents Designs and Trademarks. The patent application relates to a heatable honeycomb body designed for motor vehicles, allowing exhaust gas flow through electrically conductive layers. Emitech contended that the rejection was erroneous as the invention introduced novel features not found in existing prior art.

patent mixed · Mar 13, 2023

Pandrol Limited & Anr. v.Patil Rail Infrastructure Pvt. Ltd. & Others

Delhi High Court · CS(COMM) 602/2022

The Delhi High Court granted several interim reliefs in favor of Pandrol Limited, who filed a suit alleging infringement of its copyright and trademark. The court exempted the plaintiffs from pre-litigation mediation due to the urgency of the matter. Crucially, the court allowed an ex-parte ad-interim injunction by appointing a Local Commissioner with broad powers to seize infringing products and gather evidence from the defendants' premises.

patent pending · Feb 23, 2023

Greaves Electric Mobility Private Limited v.The Controller Of Patents & Ors

Delhi High Court - Orders · C.O. (COMM.IPD-PAT) 71/2022

The petitioner, Greaves Electric Mobility Private Limited, filed a case against The Controller of Patents. The respondent argued that the Controller was not a necessary or proper party to the revocation petition, relying on Section 64(5) of the Patents Act, 1970.

patent mixed · Feb 15, 2023

H.S. Sahni, Sole Proprietor M/S M. K. Auto Sales Corporation v.Saic Motor Corporation Limited & Ors.

Delhi High Court - Orders · CS (COMM) 373/2022

The Delhi High Court addressed an interlocutory application filed by the plaintiff, H.S. Sahni, seeking a stay under Section 124 of the Trademarks Act, 1999. The court issued notice to the defendants and set the matter for return on July 4, 2023. This order indicates that the dispute regarding trademark rights is actively progressing through litigation.

patent mixed · Feb 13, 2023

Exxon Mobil Corporation v.Mobilfuels Private Limited & Anr.

Delhi High Court - Orders · CS(COMM) 608/2021

In this trademark dispute, Exxon Mobil Corporation challenged the use of an impugned mark by Mobilfuels Private Limited. While the defendant claimed to be giving up the mark, the court noted that the defendant had also filed a registration application which needed withdrawal. The court directed the defendant to place communication regarding the withdrawal on record and scheduled a future hearing specifically to address claims for costs and damages.

patent plaintiff favorable · Jan 25, 2023

Global Car Group Ltd. v.Vienna It Solutions Pvt. Ltd.

Delhi High Court - Orders · CS(COMM) 46/2023

Global Car Group Ltd. successfully secured an ex parte ad interim injunction against Vienna It Solutions Pvt. Ltd. in the Delhi High Court. The plaintiffs alleged that the defendant registered the domain name 'www.cars24.in' and used a deceptively similar mark, infringing upon their well-known trademark 'Cars24'. Given the prima facie case made out, the court granted immediate relief, restraining the defendant from using the mark and ordering the takedown of the associated dummy website.

patent mixed · Jan 25, 2023

New Balance Athletics Inc. v.Nineplus Shoes Private Limited

Delhi High Court - Orders · CS(COMM) 572/2022

In this trademark infringement suit, the Delhi High Court addressed procedural issues arising from a Local Commissioner's report detailing alleged removal of infringing goods. The Court clarified that while the Defendant was found to be using the impugned mark contrary to assurances, it dismissed adverse observations against the defendant's counsel for merely informing industry associations about the lawsuit. Crucially, the Court mandated fresh service and personal appearance by the key representative of the Defendant, ensuring due process before proceeding with coercive measures.

patent mixed · Jan 19, 2023

Swiss Bike Vertriebs Gmbh Subsidiary Of Accell Group v.Reliance Brands Limited (Rbl)

Delhi High Court - Orders · CS(COMM) 25/2023

The Delhi High Court addressed preliminary objections and the merits of a trademark infringement suit filed by Swiss Bike Vertriebs Gmbh against Reliance Brands Limited. The plaintiff alleges that the defendant's use of 'RALLEYZ' is confusingly similar to its registered mark 'RALEIGH' on identical goods (bicycles). While dismissing initial procedural challenges, the court directed both parties to file detailed affidavits and pleadings regarding the core issues of similarity and prior usage, setting the stage for further substantive hearings.

patent defendant favorable · Jan 16, 2023

Apar Industries Limited v.Sh Rummy Chhabra

Delhi High Court · FAO (COMM) 12/2023 & CM APPL.1557/2023

The Delhi High Court disposed of an appeal concerning a trademark infringement dispute involving the mark "VELLO." Although initially facing an ex-parte injunction against using the mark, Apar Industries Limited voluntarily acknowledged that 'VELO' belonged exclusively to Sh Rummy Chhabra. The court accepted detailed undertakings from Apar, which included ceasing all use of the mark, withdrawing its pending trademark application, and selling off existing stock within a year. Consequently, the underlying suit was decreed based on these mutual commitments.

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