Other — India Patent Cases
438 decisions indexed
Page 2 of 15 · 438 total
Elofic Industries Limited v.Mobis India Limited
The Delhi High Court consolidated two commercial suits (CS(COMM) 17/2016 and CS(COMM) 363/2018) involving Elofic Industries Limited and Mahle Filter Systems India Private Limited versus Mobis India Limited. The court proceeded to frame detailed issues for trial, focusing heavily on whether the plaintiff's use of the defendant's trademarks qualifies as 'honest use' under Section 30(2)(d) of the Trade Marks Act, 1999. Further issues addressed the maintainability of the suit and the possibility of granting permanent injunction against criminal complaints.
Vijay v.Havells India Limited
This order addresses procedural matters concerning a suit filed by an unnamed plaintiff against Vijay, which involves claims of trademark infringement, copyright violation, passing off, and unfair trade practices. The petitioner (Vijay) is defending this suit, and the court directed that the petition be formally registered as CM (Main) (IPD) to ensure proper handling within the Intellectual Property Division of the High Court.
Gruner Ag v.Guangxi Ramway Technology Co. Ltd.
The plaintiff filed a suit seeking permanent injunctions and damages against the defendants for alleged patent infringement. The court registered the plaint as a suit, issued summons, and set timelines for filing written statements and replication. Various interim applications regarding stay, additional documents, and directions to Customs were also addressed.
M/S Crocs Inc Usa v.M/S Bata India & Ors
This Delhi High Court judgment addresses multiple appeals filed by Crocs Inc USA against various footwear manufacturers, including Bata India. The core issue revolved around the maintainability of Crocs' suits for passing off, which had previously been dismissed by a Single Judge. The court found that dismissing the suits outright was an error, as the claim for passing off extends beyond merely copying a registered design and requires factual examination.
Samriddhi Rice Mill Private Limited v.The Controller General of Patents, Designs and Trade Marks
The appellant challenged the order passed by the Deputy Registrar of Copyrights which dismissed its objection and issued a Copyright Certificate in favour of Respondent No.6 (Dinman Polypacks Private Limited). The appeal was filed after a significant delay, and the core issue before the court was whether sufficient cause existed to condone this 506-day delay.
M/s. Sreedevi Video Corporation v.M/s.TKP Pictures
The Madras High Court heard an appeal regarding the ownership and infringement of copyrights related to the film 'MALLU VETTY MINOR'. The court found that the petitioner, M/s. Sreedevi Video Corporation, was the absolute owner of the copyrights. Consequently, a permanent injunction was granted against Respondent No.1 (TKP Pictures) for infringing these rights.
Trodat Gmbh v.Addprint India Enterprises Pvt Ltd
Trodat Gmbh appealed a single judge's order that allowed Addprint India Enterprises Pvt Ltd to manufacture and sell a self-inking stamp design without infringing Trodat's registered designs. The core issue revolved around whether the respondent's new design produced a different overall impression on an 'informed user.' The Delhi High Court, while extensively discussing established principles of design infringement, ultimately dismissed the appeal, upholding the lower court's finding that no piracy had occurred.
Fiacre Telematics Private Limited v.The Controller General Of Patents Designs And Trademark
The petitioner appealed an order from the Assistant Controller of Patents, Kolkata, arguing that the rejection of their patent application lacked reasoning and failed to address the arguments regarding inventive steps. The court found a serious infirmity in the impugned order due to its unreasoned nature and remanded the matter.
Dura-Line India Pvt Ltd v.Jain Irrigation Systems Ltd.
Dura-Line India Pvt Ltd filed a suit against Jain Irrigation Systems Ltd., alleging infringement of its patent and design related to non-metallic pipes embedded with tracer cables for leak detection. The defendant challenged both the infringement and the validity of the patent itself. After extensive proceedings, the Delhi High Court ruled in favor of Dura-Line, upholding the validity of the Suit Patent and decreeing the suit.
Tirupati Vancom Private Limited v.James Glendye And Co Limited and Ors
The Calcutta High Court, in its Intellectual Property Rights Division, admitted the plaint filed by Tirupati Vancom Private Limited against James Glendye and Co Limited. The court granted leave under relevant provisions due to the urgency pleaded by the plaintiff.
Pankaj Plastic Industries Private Limited v.Anita Anu
This case before the Calcutta High Court involved an application by Pankaj Plastic Industries Private Limited seeking to revive its trademark infringement and passing off suit against Anita Anu. The core dispute centered on whether the plaintiff could override a previous court order that required adherence to pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. The defendant argued that the nine-month delay between the alleged knowledge (January 2024) and filing the suit (September 2024) was unexplained, suggesting an artificial creation of urgency.
Pankaj Plastic Industries Private Limited v.Anita Anu
This case before the Calcutta High Court concerned an application seeking revocation of a dispensation granted to the plaintiff (Pankaj Plastic Industries Private Limited) allowing them to bypass pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. The plaintiff alleged trademark and copyright infringement by the defendant using 'Poly Punkaj'. However, the court found that the plaintiff failed to provide a satisfactory explanation for the nine-month delay between becoming aware of the infringement (January 2024) and filing the suit (September 2024). Consequently, the court allowed the application seeking revocation of dispensation.
Pankaj Plastic Industries Private Limited v.Anita Anu
This case before the Calcutta High Court involved an application by Pankaj Plastic Industries Private Limited seeking to revoke a dispensation granted under Section 12A of the Commercial Courts Act, 2015. The plaintiff alleged trademark and copyright infringement against Anita Anu for using the deceptively similar mark 'Poly Punkaj'. However, the court found that the plaintiff failed to provide adequate justification for the nine-month delay between discovering the issue (January 2024) and filing the suit (September 2024). Consequently, the application seeking revocation was dismissed.
Pankaj Plastic Industries Private Limited v.Anita Anu
This case involved a dispute over trademarks and copyright infringement concerning plastic products marketed under 'Pankaj Flex' by the plaintiff. The core legal issue before the Calcutta High Court was whether the plaintiff could revoke an earlier dispensation granted to bypass mandatory pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. The court scrutinized the nine-month delay between the alleged date of knowledge (January 2024) and the filing of the suit (September 2024).
Trodat Gmbh & Anr. v.Addprint India Enterprises Pvt Ltd
This case involves a dispute over the infringement of registered stamp designs. The defendant, Addprint India Enterprises Pvt Ltd, sought clarification regarding an interim injunction that had previously restrained it from manufacturing products deemed imitations of the plaintiffs' (Trodat Gmbh & Anr.) designs. The defendant proposed a new, alternative design and argued that it was sufficiently distinct to avoid infringement. The court examined the visual differences between the two designs and granted prima facie permission for the defendant to proceed with the manufacture and marketing of this modified product.
Pankaj Plastic Industries Private Limited v.Anita Anu
This case before the Calcutta High Court concerned an application by Pankaj Plastic Industries Private Limited seeking to revoke a dispensation granted under Section 12A of the Commercial Courts Act, 2015. The plaintiff alleged trademark and copyright infringement by the defendant using the mark 'Poly Punkaj'. However, the court found that the plaintiff failed to provide adequate justification for the nine-month delay between becoming aware of the issue (January 2024) and filing the suit (September 2024). Citing precedents, the judge held that without a clear explanation for the delay, the urgency was artificially created, leading to the revocation of the dispensation.
Ustad Faiyaz Wasifuddin Dagar v.Mr. A.R. Rahman & Ors.
Ustad Faiyaz Wasifuddin Dagar filed a suit seeking recognition of copyright and injunction against Mr. A.R. Rahman and others regarding the musical composition 'Shiva Stuti'. The plaintiff alleged that his ancestral work was being used in the song 'Veera Raja Veera' without proper attribution or authorization. The Delhi High Court, while addressing an interim application, found prima facie evidence of copyright infringement. Consequently, the court directed mandatory changes to credit slides on online platforms and ordered a substantial deposit from the defendants.
Puducherry Body Builders & Fitness Association v.The Government of India
This writ petition was filed by the Puducherry Body Builders & Fitness Association seeking to prevent private associations from conducting bodybuilding competitions using names like 'Mr. India' and 'Open Mr. South India'. The petitioner argued that such usage violated Section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950. However, the High Court ultimately dismissed the petition, holding that these titles are common terminology specific to bodybuilding competitions and do not constitute an improper use of national emblems or names for trade purposes.
Thyssenkrupp Rothe Erde Germany Gmbh v.IMO Holding Gmbh
The petitioner filed a Transfer Original Petition (Patents) challenging the validity of Patent IN254458, arguing that it lacked novelty and did not comply with relevant provisions of the Patents Act. However, the counsel for the petitioner subsequently informed the court that they had reached a settlement with the contesting respondent.
M/S. Swagath Urethane Private Limited v.M/S. Tega Industries Limited
This revision petition challenged an order rejecting a petition filed by M/S. Swagath Urethane Private Limited (the defendant in the original suit) under Order 7, Rule 11 CPC. The dispute concerned a patent infringement suit (C.S. No.01 of 2019) where the petitioner argued lack of territorial jurisdiction. The court upheld the original order, finding that the suit was properly filed based on prior judicial directions and the defendant's business location.
Caleb Suresh Motupalli v.Controller of Patents
The petitioner filed a Review Application challenging the judgment that rejected his appeal regarding Patent Application No.5606/CHENP/2012. The petitioner argued there were patent errors concerning Sections 10(4) and 3(k), specifically related to technical effect on hardware. However, the High Court dismissed the review application, finding no error apparent.
Caleb Suresh Motupalli v.Controller of Patents
The petitioner filed a Review Application challenging the rejection of his earlier appeal, which had been rejected on both maintainability grounds (Section 117A) and merits. The petitioner argued that patent errors existed in the interpretation of Sections 10(4) and 3(k), specifically concerning technical effect and best mode. The Madras High Court dismissed the review application, finding no error apparent.
AMST – SYSTEMTECHNIK GMBH v.Government of India
The petitioner challenged an order treating its Patent Application No.3022/CHENP/2011 as withdrawn due to failure to request examination within the stipulated period. The court considered the sequence of events, noting that the petitioner intended to prosecute the application and citing previous judgments where similar facts led to non-withdrawal.
Ashish Padia v.Worldfa Exports Pvt Ltd
The plaintiff, Ashish Padia, filed a commercial suit against Worldfa Exports Pvt Ltd alleging infringement of several registered IP rights, including patents, designs, and copyright related to various bowl products. The court issued an order settling the issues and directing both parties to file their respective lists of witnesses and evidence for further proceedings.
Neeraj Jain v.Controller General Of Patents, Designs and Trademark & Anr.
Neeraj Jain challenged the rejection of his design application (No. 393302-001), which was deemed abandoned due to a delay in filing the Power of Attorney (POA) and subsequent reply to the FER. The Controller had rejected the application because the response was filed beyond the stipulated six-month period. The Delhi High Court, recognizing a bona fide mistake by the petitioner's agent, intervened.
Andreas Gutzeit v.The Controller General of Patents Designs and Trademark and Anr.
This matter before the Calcutta High Court's Intellectual Property Rights Division involves Andreas Gutzeit challenging a patent-related issue against The Controller General of Patents. The appellant raised a pure question of law concerning the interpretation of Section 59 of the Patents Act, 1970. Given the complexity and legal nature of the dispute, the court granted a final adjournment to allow both parties time to file their Written Notes of Submissions.
Smart Call Centre Solution Private Limited v.Harinder Singh And Anr.
The plaintiff filed a suit seeking damages against the defendant for alleged disclosure of confidential and proprietary information. The court granted leave under Clause 12 of Letters Patent and dispensed with the pre-mediation process due to grave urgency. Subsequently, an interim order was passed restraining the defendant from disclosing or utilizing confidential client data and trade secrets.
UPL Limited v.Astec Lifeciences Limited And Anr
The appeal challenged an earlier pre-grant objection order passed under Section 25 of the Patents Act, 1970. The court found that the impugned order suffered from a gross violation of natural justice due to its mechanical and verbatim reproduction of the private respondent's submissions without independent application of mind. Consequently, the court set aside the order and remanded the matter.
Parle Elizabeth Tools Private Limited v.Pacific Tools Private Limited
The petitioners filed a petition seeking the revocation of patent number 420765, which was granted in favour of respondent no.1. The court allowed an application for exemption from filing copies and listed the main petition for further proceedings.
Mr Abhishek Sharma & Anr. v.Assistant Controller Of Patents And Designs
The appellants appealed a decision by the Assistant Controller of Patents and Designs refusing their patent application (No. 202111053480). The subject matter related to 'black coloured wearing' and its alleged effects on human health, which the Controller rejected as non-technical and an abstract theory lacking scientific evidence. The High Court dismissed the appeal both on merits and due to the inordinate delay in filing.
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