Medical — India Patent Cases
10 decisions indexed
Page 1 of 1 · 10 total
Ardo Medical Ag v.Ms Sdb International And Anr.
Ardo Medical Ag successfully petitioned the Delhi High Court to rectify the Trade Marks Register, seeking cancellation of a conflicting trademark registered by Ms Sdb International. The court found that Respondent No. 1 engaged in bad faith and trade mark squatting by registering an identical mark despite Ardo's prior use and global registrations. Consequently, the Registrar was directed to remove the infringing trademark from the register.
Grena Limited v.Axon Medical Solutions Pvt Ltd And Anr
In a recent order, the Delhi High Court addressed an opposition matter concerning the 'GRENA' trademark. The court granted status quo regarding two specific trademark registrations (No. 5661191 and 6050365) held by Respondent No. 1, ensuring no changes are made until further judicial direction. Furthermore, the respondent was given four weeks to file their replies in the ongoing litigation.
Hindustan Syringes And Medical Device and Ltd. v.Unomedical A/S and Anr.
The Delhi High Court allowed an appeal filed by Hindustan Syringes against a previous decision by the Registrar of Trademarks. The court set aside the impugned order, which had previously dismissed the opposition filed by Hindustan Syringes regarding the mark 'UNOMEDICAL'. Furthermore, based on the parties' consent, the court also allowed a rectification petition, leading to the cancellation of UNOMEDICAL's trademark registration in Class 10. This decision significantly impacts the validity and scope of the contested brand.
House Of Diagnostics Llp & Ors. v.House Of Pathology Labs Private Limited
The Delhi High Court granted an ad interim injunction favoring the plaintiffs, House Of Diagnostics LLP, against House Of Pathology Labs Private Limited. The court found a prima facie case of idea infringement, noting that both parties operate in the highly similar field of diagnostic services and their marks are glaringly similar. The defendant was restrained from using 'House of Pathology' in connection with its diagnostic activities, pending further consideration of the main suit.
Malhotra Surgical Industries v.Dharam Pal Singh Bhatia & Anr.
In this trademark infringement matter, the Delhi High Court issued interim directions concerning the online sale of 'MICROTONE' products. While the defendant undertook not to sell or distribute the impugned goods, the plaintiff noted that the products remained available on various e-commerce platforms. Consequently, the court directed both parties to file detailed affidavits—the plaintiff detailing current infringing listings and the defendants naming all distributors—to allow for further appropriate judicial action.
Mitsu Chem Plast Limited v.Abs Mediequip And Anr.
The Bombay High Court granted ad-interim relief in a suit concerning the infringement of design rights and passing off related to hospital beds. Despite previous undertakings by the defendant acknowledging Mitsu Chem Plast Limited's rights and promising cessation of use, the plaintiff alleged continued infringement. The court found sufficient grounds to issue an injunction restraining the defendants from adopting or using designs identical or deceptively similar to the registered design and trade dress pending the final disposal of the suit.
3M Deutschland Gmbh v.The Senior Examiner Of Trade Marks, Delhi
The Delhi High Court allowed 3M Deutschland Gmbh's appeal against the Senior Examiner's refusal to register its mark 'PENTA'. Although the court noted that several cited marks were phonetically similar, it ultimately favored the appellant due to evidence of the mark's long-standing use and established reputation in India since 2004. The registration application was directed to be processed, though any subsequent opposition would be decided on its own merits.
Vbm Medizintechnik Gmbh v.Geetan Luthra
The Delhi High Court granted an interlocutory injunction in favor of Vbm Medizintechnik Gmbh against Geetan Luthra regarding the use of the mark 'VBM'. The court found that despite prior distribution agreements, the defendant's subsequent registration and use of a deceptively similar mark for medical equipment constituted infringement. The ruling emphasizes the need to prevent consumer confusion when one party leverages another's established brand identity.
Hindustan Syringes And Medical Devices Ltd. v.The Senior Examiner Of Trade Marks
The Delhi High Court addressed an appeal filed by Hindustan Syringes And Medical Devices Ltd. challenging the Senior Examiner's refusal to register the trademark 'DISPOSAFE'. While granting procedural exemptions regarding document submission, the court formally initiated the substantive appeal under Section 91 of the Trade Marks Act, 1999. The petitioner argued that their unique combination mark should not have been rejected as generic or descriptive. The matter is now set for further hearing after notice has been issued to the Respondent.
Johnson & Johnson v.Pritamdas Arora T/A M/S Medserve & Anr
In a trademark infringement dispute, Johnson & Johnson sought permission from the Delhi High Court to amend its original plaint. The plaintiff argued that evidence gathered by a Local Commissioner revealed additional trademark infringements by the defendant concerning 'LIGACLIP,' which needed to be incorporated into the suit. Satisfied that these amendments were necessary for determining the real issues between the parties, the court allowed the application, allowing J&J to update its claims and proceed with the litigation.
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