Industry Sector

Automotive — India Patent Cases

320 decisions indexed

Page 7 of 11 · 320 total

patent mixed · Jan 10, 2023

M/S Liberty Footwear Company v.M/S Liberty International

Delhi High Court · CS(COMM) 715/2019 & I.A. 474/2020

This case involved a suit filed by M/S Liberty Footwear Company against M/S Liberty International, alleging unauthorized use and infringement of the registered trademark 'LIBERTY' in the footwear sector. The core dispute centered on whether the claims of trademark infringement could be subjected to arbitration as stipulated in an underlying Partnership Deed. The court ultimately allowed the defendant's application under Section 8 of the Arbitration Act, referring the parties to arbitration.

patent mixed · Dec 19, 2022

One Moto Scooters Trading Llc v.Centre Systems Group Internet Content Provider (CSG ICP)

Delhi High Court - Orders · O.M.P.(I) (COMM.) 176/2022

The Delhi High Court issued interim orders in favor of One Moto Scooters Trading Llc, restraining Centre Systems Group Internet Content Provider from using the trademark 'ONE MOTO' or any deceptively similar mark. This protective order was granted to prevent imminent threat of unauthorized use, including manufacturing automotive products. Furthermore, the court directed that the domain name 'www.one-moto.in' remain blocked, maintaining the status quo until further proceedings.

patent plaintiff favorable · Nov 25, 2022

Apollo Tyres Limited v.Glory Enterprise & Ors.

Delhi High Court - Orders · CS(COMM) 815/2022

The Delhi High Court granted an ad-interim ex-parte injunction in favor of Apollo Tyres Limited against Glory Enterprise & Ors., finding a prima facie case of trademark infringement. The court recognized the deceptive similarity between the plaintiff's 'APOLLO' mark and the defendants' 'OPOLLO' mark used on automotive tyres and tubes. Furthermore, the Court appointed Local Commissioners to conduct comprehensive searches, seizures, and inventories at the defendants' manufacturing premises to gather evidence against the alleged counterfeit operations.

patent mixed · Nov 22, 2022

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

Delhi High Court · CS (COMM) 373/2022

This Delhi High Court order initiates a trademark infringement suit filed by H.S. Sahni against Saic Motor Corporation Limited concerning the use of the marks 'M.G' and 'M.G.I' in the automotive sector. The Plaintiff claims rights based on continuous use since 1989 and registered trademarks from 1998, alleging that the Defendant is infringing upon these established marks. While procedural applications were disposed of, the Court formally registered the suit and directed the Defendants to file a detailed affidavit regarding their sales figures and product launches under the disputed mark.

patent mixed · Nov 21, 2022

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 · Nov 17, 2022

Aktiebolaget Volvo & Ors v.S.Sura & Ors

Delhi High Court · CS(COMM) 528/2018

The Delhi High Court delivered a mixed verdict in the trademark infringement suit filed by Aktiebolaget Volvo. While the court found that Defendants 6 and 7 were infringing the 'VOLVO' mark through deceptive similarity and dilution, leading to permanent injunctions and costs being awarded to Volvo, it ultimately dismissed the suit against other defendants (4, 5, and 9). The judgment highlights the critical importance of evidence regarding trademark usage and ownership in determining liability.

patent plaintiff favorable · Nov 9, 2022

Mr. Debabrata Saha Roy & Ors. v.State (Government of West Bengal)

Calcutta High Court (Appellete Side) · WPA/23718/2022

The petitioners challenged a notice restricting the registration of their echo friendly e-rickshaws due to an earlier title suit concerning patent infringement related to fuel cell batteries. The court held that since the petitioner's battery is distinct (lead cell) from the subject matter of the Title Suit, the Transport Directorate must grant registration, provided all other formalities are met.

patent mixed · Nov 4, 2022

Mahle Filter Systems (India) Pvt Ltd v.Mobis India Ltd & Anr

Delhi High Court - Orders · RFA(OS)(COMM) 16/2019 & CM APPL. 11910/2019

The Delhi High Court issued an order in the dispute between Mahle Filter Systems and Mobis India Ltd concerning a subject trademark. The court directed both parties to file concise written submissions and, crucially, instructed counsel to exchange proposals aimed at resolving the trademark issue amicably. This indicates the ongoing litigation is moving towards potential settlement or mediation.

patent mixed · Oct 12, 2022

Bridgestone Corporation v.Controller General Of Patents Designs & Trademarks & Anr

Delhi High Court · W.P.(C)-IPD 76/2021

The Delhi High Court issued an interim order in the matter of Bridgestone Corporation versus Controller General Of Patents Designs & Trademarks. The court directed both parties to prepare and exchange short notes detailing their submissions and to compile relevant judicial precedents for consideration. This procedural step moves the case closer to final disposal, which is scheduled for February 2, 2022.

patent plaintiff favorable · Sep 29, 2022

Dys Impex Private Limited v.State Of West Bengal

Calcutta High Court (Appellete Side) · WPA 22109 of 2022

The petitioners, manufacturers of battery operated electric cycle rickshaws, challenged the refusal by authorities to register their vehicles based on a patent injunction. The court examined whether the subsequent modification and vacation of the original injunction made the private respondent's restraint valid. The court held that the initial injunction was modified and found the patent invalid, thus directing the authorities to proceed with registration.

patent plaintiff favorable · Sep 28, 2022

Hooghly Motors Pvt. Ltd. v.The State Of West Bengal

Calcutta High Court (Appellete Side) · WPA 21440 of 2022

The petitioners challenged a notice restricting the registration of their echo friendly e-rickshaws due to an earlier court order concerning a patent infringement suit. The core issue was whether the petitioner's lead cell battery technology was distinct from the patented fuel cell battery in the Title Suit. The Court disposed of the writ petition by directing the Transport Directorate to grant registration, provided the vehicles were distinct and complied with relevant rules.

patent remanded · Sep 27, 2022

Auckland Uniservices Limited v.Assistant Controller Of Patents And Designs

Delhi High Court · C.A.(COMM.IPD-PAT) 8/2022 & I.A. 296/2022

Auckland Uniservices Limited appealed the Assistant Controller's refusal of a patent application for 'Magnetic Field Shaping for Inductive Power Transfer'. The refusal was based on lack of inventive step over prior art. The High Court set aside the impugned order, finding that the Respondent failed to provide reasoned analysis regarding how a person skilled in the art would move from existing knowledge to the claimed invention.

patent mixed · Sep 23, 2022

Vivek Kochher & Anr v.Kyk Corporation Ltd & Ors

Delhi High Court · RFA(OS)(COMM) 3/2020

The Delhi High Court addressed an appeal challenging a judgment that had partially allowed a counter-claim by Kyk Corporation, granting it permanent injunctions. The court found that while the Intellectual Property Appellate Board's (IPAB) findings were dispositive regarding trademark registration, they did not address Kyk Corporation's core claim of passing off. Consequently, the High Court set aside the granted injunctions and remanded the matter to the Single Judge to specifically consider Kyk Corporation's claim for passing off based on the existing evidence.

patent plaintiff favorable · Sep 13, 2022

M/S Steelbird Hi-Tech India Ltd. v.Mr. Tazeen Farooqui & Ors.

Delhi High Court · CS(COMM) 277/2019

The Delhi High Court upheld the interim injunction in favor of M/S Steelbird Hi-Tech India Ltd. against Mr. Tazeen Farooqui & Ors., finding that the defendant's mark 'SEABIRD' was deceptively and confusingly similar to the plaintiff’s established trademark 'STEELBIRD'. The court emphasized the importance of common law rights derived from long, continuous use, ruling that registration alone does not supersede prior proprietary rights. This decision reinforces the protection afforded to well-known marks against potential dilution and confusion in the market.

patent mixed · Sep 2, 2022

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

Delhi High Court - Orders · 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 mixed · Aug 2, 2022

Bridgestone Corporation v.Controller General Of Patents Designs & Trademarks & Anr

Delhi High Court - Orders · W.P.(C)-IPD 76/2021

The Delhi High Court issued an interim order in the matter of Bridgestone Corporation versus Controller General Of Patents Designs & Trademarks. The court directed both parties to prepare and exchange short notes detailing their submissions and to compile relevant judicial precedents for consideration. This procedural step moves the case closer to final disposal, which is scheduled for February 2, 2022.

patent settled · Jul 28, 2022

Sotefin Sa v.Indraprastha Cancer Society And Research Center

Delhi High Court - Orders · CS(COMM) 327/2021 & I.A. 11828/2022

Sotefin SA filed a suit seeking permanent injunction against the defendants for infringing Indian Patent No. 214088, which relates to a self-propelled carriage for horizontal transfer of motor vehicles. During the pendency of the suit, the parties amicably resolved their disputes and entered into Consent Terms.

patent plaintiff favorable · Jul 19, 2022

Kanishka Sinha & Anr v.The Union Of India & Ors

Calcutta High Court (Appellete Side) · WPA 15637 of 2022

The petitioners sought a direction to the Deputy Director General (VAHAN), National Informatics Centre, to grant linkage of their patented software with the Vehicle Registration and Homogation System. The matter was settled amicably between the parties, leading to the court disposing of the writ petition.

patent plaintiff favorable · Jul 19, 2022

The Goodyear Tire Rubber Company v.Deva Nand Sukhia

Delhi High Court - Orders · C.O. (COMM.IPD-TM) 183/2022 & CS(COMM) 182/2021

The Delhi High Court issued an order directing the Trademark Registrar to immediately comply with a prior judgment favoring Goodyear Tire Rubber Company. The court confirmed that the defendant had paid the stipulated litigation costs. Crucially, the Registrar was directed to remove the defendant's infringing 'GOOD YEAR' trademark (No. 1120219) from the register and dispose of related rectification and opposition proceedings within one week. This order solidifies Goodyear's position against unauthorized use of its mark.

patent plaintiff favorable · Jun 17, 2022

Exxon Mobil Corporation v.Mr. Bijender Kumar Trading As M/S Shri Balaji Enterprises

Delhi High Court - Orders · CS(COMM) 437/2022

In a significant move to protect its brand integrity, Exxon Mobil Corporation sought an interim injunction against Mr. Bijender Kumar Trading As M/S Shri Balaji Enterprises for selling counterfeit products bearing the 'MOBIL' trademark. The Delhi High Court granted the ex-parte ad-interim injunction and authorized a Local Commissioner to search and seize the infringing goods at the defendant's premises. This order underscores the court's willingness to provide swift, robust remedies against trademark infringement and counterfeiting in the commercial sector.

patent plaintiff favorable · Jun 17, 2022

Hero Investcorp Private Limited & Anr. v.Sehgal Auto House Through Its Proprietor Mr. Sunil Sehgal

Delhi High Court - Orders · CS(COMM) 436/2022

The Delhi High Court granted an ex-parte interim injunction in favor of Hero Investcorp Private Limited against Sehgal Auto House. The Plaintiffs alleged that the Defendant was engaged in the wholesale business of counterfeit spare parts using the HERO trademark and logo, infringing both trademark rights and copyright associated with packaging. The court authorized a Local Commissioner to search and seize all infringing products and related materials from the Defendant's premises.

patent plaintiff favorable · Jun 3, 2022

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 plaintiff favorable · Jun 2, 2022

Tube Investments Of India Limited v.M/S Jagdamba Enterprises & Ors.

Delhi High Court - Orders · CS (COMM) 416/2022

Tube Investments Of India Limited successfully moved the Delhi High Court to protect its 'DIAMOND' trademark against widespread counterfeiting in the automotive parts market. The court recognized the extensive goodwill associated with the mark and the clear evidence of infringement presented by the plaintiff, including discrepancies found via QR codes and packaging differences. Consequently, the court granted an ex parte ad interim injunction and appointed Local Commissioners to conduct seizures and verification across various premises.

patent mixed · Jun 2, 2022

One Moto Scooters Trading Llc v.Centre Systems Group Internet Content Provider (CSG ICP)

Delhi High Court - Orders · O.M.P.(I) (COMM.) 176/2022

The Delhi High Court issued interim orders in favor of One Moto Scooters Trading Llc, restraining Centre Systems Group Internet Content Provider from using the trademark 'ONE MOTO' or any deceptively similar mark. This protective order was granted to prevent imminent threat of unauthorized use, including manufacturing automotive products. Furthermore, the court directed that the domain name 'www.one-moto.in' remain blocked, maintaining the status quo until further proceedings.

patent mixed · May 30, 2022

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

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

This Delhi High Court order initiates a trademark infringement suit filed by H.S. Sahni against Saic Motor Corporation Limited concerning the use of the marks 'M.G' and 'M.G.I' in the automotive sector. The Plaintiff claims rights based on continuous use since 1989 and registered trademarks from 1998, alleging that the Defendant is infringing upon these established marks. While procedural applications were disposed of, the Court formally registered the suit and directed the Defendants to file a detailed affidavit regarding their sales figures and product launches under the disputed mark.

patent mixed · May 27, 2022

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 pending · May 10, 2022

Getaround, Inc. v.Assistant Controller Of Patents And Designs

Delhi High Court - Orders · C.A. (COMM.IPD-PAT) 15/2021

The appeal challenges the rejection of a patent application for "VEHICLE ACCESS CONTROL SERVICES AND PLATFORM" by the Patent Office, which cited two US patents (D5 and D6) on grounds of lack of inventive step. The appellant argued that their invention differs significantly from the prior arts, particularly regarding communication flow.

patent remanded · May 4, 2022

Kanishk Sinha & Anr v.Union Of India & Anr

Calcutta High Court (Appellete Side) · MAT 669 of 2022 with CAN 1 of 2022

The appellants challenged the dismissal of their writ petition, which sought linkage between their software and the 'VAHAN' vehicle registration system. The core issue raised was entitlement to compensation under Section 102(3) of the Patents Act, 1970.

patent defendant favorable · Apr 27, 2022

Kanishk Sinha v.The Union Of India

Calcutta High Court (Appellete Side) · W.P.A 17414 of 2021

The petitioner, the patentee/assignee of Patent No. 254875, challenged an order by the Secretary, Government of India, regarding their request for a patent linkage to the VAHAN e-Module. The core dispute was whether the patent holder could mandate that electric vehicle registration (specifically e-Rickshaws) be subject to NOC issuance based on the patent before official registration.

patent mixed · Apr 22, 2022

Aktiebolaget Volvo & Ors. v.Woodol International & Ors.

Delhi High Court - Orders · CS (COMM) 7/2021

The Delhi High Court partially ruled in favor of Volvo, granting a preliminary decree against Woodol International regarding the unauthorized use of the 'VOLVO' trademark on lubricants. Despite initial defenses by the defendants claiming no infringement and non-compliance with mediation requirements, the court accepted the affidavits stating that the defendants had ceased or were not manufacturing under the mark. The suit will now proceed to trial to determine the final quantum of damages and rendition of accounts.

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