Other — India Patent Cases
386 decisions indexed
Page 2 of 13 · 386 total
Mebigo Labs Private Limited v.Greenhorn Wellness Private Limited & Ors.
The Delhi High Court granted an ad-interim ex-parte injunction in favor of Mebigo Labs Private Limited against Greenhorn Wellness Private Limited and others. The court found a prima facie case of copyright infringement, passing off, unfair competition, and trademark dilution by the defendant's use of similar branding ('Story TV'). Furthermore, the court directed Meta Platforms (Defendant No. 2) to suspend specific infringing advertisements on Facebook and Instagram, protecting Mebigo Labs' digital content platform 'KUKU FM'.
ITC Ltd v.Assistant Controller Of Patents And Designs
ITC Ltd challenged an order passed by the Assistant Controller of Patents rejecting its application for 'METHOD OF PRODUCING AEROSOL GENERATING SUBSTRATE'. The core contention was that the rejection, based on non-patentability and lack of inventive step, violated the principles of natural justice. The appellant argued that the Controller relied on technical materials not furnished to them at any prior stage or during the hearing. Recognizing this serious procedural infirmity, the High Court set aside the impugned order and remanded the matter for fresh adjudication.
Nokia Technologies Oy v.Assistant Controller Of Patents And Designs
Nokia Technologies Oy filed an appeal under Section 117A(2) of the Patents Act, 1970, challenging the rejection of its patent application no. 201917042060 by the Assistant Controller of Patents and Designs. The appellant also sought condonation for a delay of 53 days in filing the appeal.
M/s. Ttk Prestige Limited v.Mr. Kailashkumar Punmaji Mali
In a case involving trademark and copyright infringement, M/s. TTK Prestige Limited successfully reached a memorandum of compromise with the defendant, Mr. Kailashkumar Punmaji Mali. The court accepted this settlement, decreeing the suit in its favor. Crucially, the judgment also allowed all rectification petitions filed by the plaintiff, leading to the expungement of several deceptively similar trade mark and copyright registrations from the respective registries.
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.
Hero Investcorp Private Limited & Anr. v.Gunwal Sports
The Delhi High Court granted an ex parte injunction in favor of Hero Investcorp Private Limited against Gunwal Sports concerning alleged trademark and copyright infringement. The court recognized the public interest risk associated with consumer deception regarding the 'HERO' brand merchandise. Furthermore, the plaintiffs were allowed to proceed without pre-litigation mediation or advance service, enabling the immediate appointment of a Local Commissioner for search and seizure of evidence.
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 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 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 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 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.
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).
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 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.
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.
T T Krishnamachari And Co v.Commissioner of GST and Central Excise
The Appellant challenged demands raised by the Department regarding non-payment of service tax on royalty charges collected from group companies for using the "TTK" logo. The Department argued that the logo was used as a trademark, attracting IPR Service Tax. The Appellant contended that the logo was registered as an artistic work under the Copyright Act and thus exempt.
T T Krishnamachari And Co v.Commissioner of GST and Central Excise
The appeal concerned the non-payment of service tax on royalty charges received by M/s. T.T. Krishnamachari & Co. from group companies for using the 'TTK' logo. The Department alleged that the logo was used as a Trademark, attracting IPR Service Tax. The Appellant argued that the logo was registered as an artistic work under the Copyright Act and thus exempt.
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.
Play Games 24X7 Private Limited v.R Y Easy Shop Private Limited & Anr.
The Delhi High Court issued an order in the trademark and copyright infringement suit filed by Play Games 24X7 Private Limited. The plaintiff informed the court that they had identified additional entities infringing their intellectual property rights and would seek impleadment of these parties. The court directed the matter to be listed before the Joint Registrar on April 23, 2025, while continuing the existing interim order.
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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