Other — India Patent Cases
466 decisions indexed
Page 2 of 16 · 466 total
Travel Blue Products India Private Limited v.Miniso Life Style Private Limited
Travel Blue Products India Private Limited filed a suit against Miniso Life Style Private Limited for piracy of its registered design and passing-off concerning the 'Tranquility Neck Pillow'. The plaintiffs claimed that their distinctive neck pillow design, registered under number 281315, was being copied by the defendants in retail stores and online platforms. The court found a prima facie case based on the identical aesthetic appeal and visual similarity of the products, leading to the grant of interim relief.
Murarilal Harish Chandra Jaiswal Pvt ltd. v.Jaishankar
The plaintiff, Murarilal Harish Chandra Jaiswal Pvt Ltd., claimed that its registered trademark 'HANS CHAAP' was being infringed and passed off by the defendants in relation to tobacco products. Despite initial interim injunctions, the suit proceeded despite non-appearance of several defendants. The court ultimately decreed the suit, granting a permanent injunction against Defendants 2 to 5 and awarding costs.
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.
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.
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.
The Sun Products v.The Controller, Office of Controller General of Patents, Designs & Trade Marks
The Sun Products filed a Writ Petition seeking a direction to the Controller and Assistant Registrar of Trade Marks to reject the application for registration of the trade mark 'Alagumayil' by Sri Hari Agency, citing similarity with the petitioner's existing trade mark 'Mayiil Oma Water'. The court disposed of the petition by directing the official respondents to consider the objection and conduct an enquiry within eight weeks.
M/S Mishu Enterprises v.M/S Nakshatra 13
The plaintiff, M/S Mishu Enterprises, owns and uses the distinctive mark 'MACHHMANI' for selling sea stones and related jewellery. The plaintiff filed a suit against the defendant, M/S Nakshatra 13, alleging unauthorized use of the same mark to deceive the public. The court found in favor of the plaintiff, granting permanent injunctions.
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.
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.
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 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.
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.
Samriddhi Rice Mill Private Limited v.The Controller General Of Patents, Designs and Trade Marks, and Others
The appeal was filed by Samriddhi Rice Mill Private Limited challenging an order passed by the Deputy Registrar of Copy Rights. The respondent argued that only the Delhi High Court had jurisdiction because the Deputy Registrar's office is in New Delhi, citing amendments to the Copyright Act and judicial precedents on forum shopping. The Jharkhand High Court ultimately held that it possesses the necessary territorial jurisdiction to entertain the appeal.
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.
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.
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.
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.
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