Other — India Patent Cases
466 decisions indexed
Page 16 of 16 · 466 total
Pillalamarri Lakshmikantham And Ors. v.Ramakrishna Pictures And Ors.
The Publishers sued Ramakrishna Pictures for infringing their copyright in the book 'Tara-sasankam', which was adapted into a film. The trial court found in favor of the publishers, granting injunction and awarding damages. Subsequent appeals were filed by the publishers seeking accounts of profits, but the High Court dismissed these appeals based on established legal principles that preclude claiming both damages and accounts.
J.N. Electricals (India) v.President Electricals
J.N. Electricals sued President Electricals for infringing their registered design of an electric toaster, passing off, and copyright piracy of their promotional pamphlets. The court found that the defendant's toaster was deceptively similar to the plaintiff's registered design, and the defendants had outrightly copied the plaintiffs' pamphlet word-for-word.
K. Gian Chand Jain & Co. v.Girdhari Lal Gupta
The dispute involved two appeals challenging an order regarding the jurisdiction of the Delhi High Court to entertain applications for cancellation of design registrations. The respondents argued that only the Calcutta High Court had exclusive jurisdiction because the register was maintained there. The Full Bench held that any High Court in India could entertain such an application.
L.D. Malhotra Industries v.Ropi Industries
The dispute involved two industries manufacturing dress hooks, Ropi Industries (prior user) and L.D. Malhotra Industries (earlier registrant). After Ropis successfully obtained the rectification of Malhotras' mark, Malhotras appealed to the Delhi High Court. The court ultimately allowed the appeal but granted an injunction in favor of Ropis.
Jagan Nath Prem Nath v.Bhartiya Dhoop Karyalaya
The appeal concerned a suit for permanent injunction filed by Jagan Nath Prem Nath against Bhartiya Dhoop Karyalaya alleging infringement and passing off regarding his registered trade mark for agarbatis. The single judge had vacated an interim ex parte injunction, holding that the numerals 555 were not distinctive features of the appellant's mark. The High Court confirmed the interim injunction, finding that the numerals '555' had acquired a distinctive meaning in the trade and the respondent's use was prima facie infringing.
M/S. Sable Waghire & Co. & Others v.Union Of India & Others
The petitioners, owners of registered trademarks for 'Chhatrapati Shivaji Bidi', challenged the constitutional validity of the Emblems and Names (Prevention of Improper Use) Act, 1950. The government argued that the act was necessary to regulate the improper use of national emblems. The Supreme Court upheld the constitutionality of the Act and its provisions.
Madan Mohan Lal Garg v.Brijmohanlal Garg
The appellant challenged the Assistant Registrar's decision regarding an amendment to a trade mark application ('SHANKER') filed by the dissolved firm Meerut Engineering Works. The appellant sought judicial determination of rights before the registration process could proceed, but his applications were rejected as incompetent under Section 44. This appeal was ultimately dismissed.
Metro Playing Card Co. v.Wazir Chand Kapoor
The dispute arose when the respondent, who held a registered trademark (tractor device and word 'tractor') for playing cards, sued the appellant for infringing this mark. The appellant argued that its own application for the 'Ferguson' trade mark was accepted for registration and that there was no infringement. The court found prima facie evidence of infringement.
A.P.K. Narayanaswami Chettiar Firm v.V.K. Perumal Chettiar And Sons
The revision was filed against an order by the District Judge, Salem, which directed the transfer of a suit for piracy of a registered design to the High Court. The court held that since the dispute related only to a design (covered under Part II of the Act), and not a patent, the provisions allowing transfer of patent infringement suits were inapplicable. Consequently, the order of transfer was set aside.
A.P.K. Narayanaswami Chettiar Firm v.V.K. Perumal Chettiar And Sons
The petitioner filed a suit for piracy of a registered design in the District Court. The District Judge attempted to transfer this suit to the High Court, citing provisions applicable to patent infringement suits. The Madras High Court held that since the dispute related solely to a design (Part II of the Act), the provisions governing patent transfers were inapplicable, and thus the order of transfer was without jurisdiction.
The Pilot Pen Co. (India) Private Ltd. v.The Gujarat Industries Private Ltd.
The Pilot Pen Co. sued several defendants alleging unlawful infringement and piracy of its registered fountain pen clip design (No. 101410). The defendants argued that the design was common, lacked novelty, or that the suits were not maintainable. The Court found that the clip design lacked originality and was a common type, leading to the dismissal of the plaintiff's suit.
Registrar Of Trade Marks And Anr. v.Kumar Ranjan Sen And Ors.
The dispute concerned the validity and cancellation of a trade mark registration ('A. P. C.') which was granted while a notice of opposition was pending. The lower court allowed an appeal against the cancellation order, arguing that the Deputy Registrar lacked jurisdiction. The High Court ultimately ruled that the Deputy Registrar had ample jurisdiction to cancel the registration.
Mohd. Abdul Kereem v.M. Agaiah
The dispute originated from a trade mark infringement suit where the plaintiff's case was dismissed for default. The plaintiff sought review, which the trial judge allowed. The defendant appealed this decision to the High Court. The court ultimately held that an appeal against a review order granted on grounds outside the scope of Order 47 is incompetent.
Mohammad Abdul Karim v.Mahammad Yasin
The plaintiff sued for injunction and damages, claiming exclusive rights over a registered brass tray design (Design No. 43516). The defendants claimed that the design lacked novelty and that the plaintiff was not the true proprietor or author of the design, having learned it from others.
Mohammad Abdul Karim v.Mohammad Yasin And Anr.
The plaintiff sued for injunction and damages against the defendants, claiming exclusive rights over a registered brass tray design (No. 43516). The defense argued that the design was common knowledge and the plaintiff was not the true author or proprietor. The court ultimately dismissed the appeal, finding that the plaintiff failed to prove proprietary rights.
Ernest Otto Gammeter v.The Controller Of Patents And Designs
Gammeter appealed against the cancellation of his watch band design registration by the Controller. The core legal issues were whether the Controller had the authority to cancel the registration based on a third party's application, and whether Gammeter's design constituted a novel invention.
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.