Industry Sector

Other — India Patent Cases

438 decisions indexed

Page 6 of 15 · 438 total

patent mixed · Aug 10, 2023

R.Subbulakshmi (Deceased) & others v.1/183 & others

Madras High Court · O.P.No.40 of 2019, etc., batch

This case involved complex disputes among the partners and legal heirs of a newspaper publishing firm, Dinamalar. The core issue revolved around the status and ownership of the firm's trademark following its dissolution. The Madras High Court addressed several related civil suits and original applications concerning partnership rights and intellectual property.

patent mixed · Aug 4, 2023

V. R. Holdings v.Hero Investocorp Limited & Anr.

Delhi High Court · LPA 397/2023

This appeal before the Delhi High Court questioned the correctness of a single judge's decision that dismissed an appellant's petition for rectification under Section 57 of the Trade Marks Act. The core legal debate centered on whether the Letters Patent Appeal was maintainable, particularly in light of restrictions imposed by the Commercial Courts Act, 2015. Given the serious dispute and potential impact on pending cancellation proceedings, the Court granted an interim stay on the impugned judgment to balance the interests of both parties.

patent dismissed · Jul 14, 2023

India Nippon Electricals Limited v.M/s. Denso Corporation

Madras High Court · (T)OP(PT)/61/2023 (ORA/2/2017/PT/CH)

India Nippon Electricals Limited filed an Original Petition seeking the revocation of Indian Patent 240996 granted by the Controller of Patents. However, the petitioner's counsel subsequently instructed to withdraw the petition.

patent dismissed · Jul 13, 2023

Indian Institute of Technology Madras v.The Controller of Patents and Designs

Madras High Court · (T)CMA(PT)/95/2023 (OA/21/2017/PT/CH)

The Indian Institute of Technology Madras filed a Transfer Civil Miscellaneous Appeal challenging an order passed by The Controller of Patents and Designs regarding the renewal application for its Patent No. 2007637. However, the appellant subsequently instructed counsel to withdraw the appeal.

patent settled · Jul 12, 2023

Hindustan Unilever Ltd. v.Jeetu Shivlani

Bombay High Court · COM IPR SUIT (L) NO.4166 OF 2023

The Commercial IPR Suit between Hindustan Unilever Ltd. and Jeetu Shivlani was settled on July 12, 2023. The parties executed Consent Terms, leading to the suit being disposed of and decreed in favor of the Plaintiff.

patent pending · Jul 10, 2023

M/S Biofi Medical Health Care India Private Limited v.M/S Excel Tech A Partnership Firm

Karnataka High Court · WP No. 15170 of 2021

M/S Biofi Medical Health Care filed a Writ Petition to challenge an ex parte temporary injunction order passed by the Principal Civil Judge and JMFC, Anekal. The trial court had restrained the petitioners from manufacturing/marketing products using the respondents' intellectual property rights (patents, designs, trademarks). The High Court directed the Trial Court to dispose of all pending interlocutory applications expeditiously while allowing the interim order to continue until disposal.

patent dismissed · Jul 6, 2023

Pradeep Stainless Indian Pvt. Ltd. v.M/S.Jb Enterprises

Madras High Court · C.S.(Comm.Div).No.298 of 2018

Pradeep Stainless Indian Pvt. Ltd. filed a civil suit against M/S.Jb Enterprises alleging infringement of its registered trade mark 'PRADEEP' and copyright violation concerning its packaging logo. The plaintiff sought perpetual injunctions, damages, and mandatory disclosure. However, the court noted that both parties had submitted a Deed of Settlement dated 31.01.2023, under which the suit was withdrawn. Consequently, the High Court dismissed the case.

patent defendant favorable · Jul 3, 2023

Jayson Industries And Anr. v.Crown Craft (India) Pvt. Ltd.

Delhi High Court · CS(COMM) 580/2022

Jayson Industries filed a suit alleging that Crown Craft was pirating their registered designs for household items like buckets, mugs, and tubs. The core dispute revolved around whether the defendant's products were fraudulent imitations of the plaintiffs' unique shapes and surface patterns. However, the court found credible prior art, including various published designs from 2019, which challenged the novelty and originality of the suit designs. Consequently, the court dismissed the plaintiffs' application for an interlocutory injunction, vacating the earlier restraining order.

patent dismissed · Jun 8, 2023

M/s.Abellon Eco Equipments Limited v.Indian Institute of Science

Madras High Court · (T)OP(PT)36/2023

M/s.Abellon Eco Equipments Limited filed a petition seeking the revocation or rectification of Patent No. 229283, alleging it was invalid and obtained by misrepresentation. The court noted that the patent had not been renewed and its term had expired.

patent dismissed · Jun 8, 2023

M/s.Abellon Eco Equipments Limited v.Indian Institute of Science

Madras High Court · (T)OP(PT)36/2023

M/s.Abellon Eco Equipments Limited filed a petition seeking revocation of Patent No. 229283, alleging it was invalid and obtained through misrepresentation. The court noted that the document indicated the patent had not been renewed and its term had expired.

patent pending · May 31, 2023

Nayan India Science And Technologies Private Limited v.Intents Mobi Private Limited & Anr

Delhi High Court - Orders · CS(COMM) 376/2023

The plaintiff filed a suit alleging infringement of three Indian Patents (373372, 407425, and 317629) by the defendant. The court registered the plaint as a suit and directed parties to file pleadings while addressing applications for injunctions.

patent interim order · May 25, 2023

Arjan Impex Pvt Ltd v.Ashish Padia & Anr.

Delhi High Court - Orders · C.O.(COMM.IPD-PAT) 5/2023

Arjan Impex Pvt Ltd filed a rectification petition seeking the revocation of Patent No. 418294, titled "BONDED FUSION BOWL," registered in the name of Respondent No. 1. The court issued interim orders addressing procedural matters and restraining both parties from engaging in conduct that hinders each other's business during the pendency of the proceedings.

patent mixed · May 16, 2023

Synthes Gmbh v.Controller General Of Patents, Designs and Trademarks and Anr

Delhi High Court - Orders · C.A.(COMM.IPD-PAT) 88/2022

Synthes Gmbh challenged an earlier decision by the Controller General of Patents, Designs and Trademarks before the Delhi High Court. The appellant raised objections concerning the drafting and procedural lapses in the impugned order, specifically noting abrupt conclusions regarding non-compliance with Section 2(1)(j) of the Patents Act. The court issued this order to clarify these points, treating it as a corrigendum to the original judgment.

patent defendant favorable · May 12, 2023

Ten Events And Entertainment v.Novex Communications Private Limited & Ors.

Delhi High Court · CS(COMM) 74/2021

Ten Events And Entertainment filed a declaratory suit challenging the requirement to obtain licenses or NOCs from Defendants, who claimed copyright over songs played during wedding events. The plaintiff argued that such usage falls under 'fair dealing' as per Section 52(1)(za) of the Copyright Act. However, the Delhi High Court found that the plaintiff failed to plead the necessary material facts—such as the nature and bona fides of the ceremony—required by law to establish a cause of action for this specific declaration. Consequently, the court dismissed the interim application and directed the plaintiff to show cause why the entire suit should not be dismissed.

patent defendant favorable · May 2, 2023

Rc Plasto Tanks & Pipes Pvt. Ltd. v.Pankaj Kumar Patel

Delhi District Court · CS (Comm) No. 275/2021

The plaintiff, Rc Plasto Tanks & Pipes Pvt. Ltd., filed a suit alleging trademark infringement and passing off by the defendant, Pankaj Kumar Patel, who used the similar label 'Shri Plosto' on allied goods like water tanks and pipes. The court ultimately dismissed the plaintiff's claim for damages due to lack of evidence regarding the quantum of loss, while granting an injunction restraining the defendant from using the impugned mark.

patent mixed · Apr 26, 2023

Mrs X v.Union Of India And Ors

Delhi High Court · W.P.(CRL) 1505/2021 & CRL.M.As. 12645/2021 & 811/2022

This Delhi High Court judgment addresses a writ petition filed by 'Mrs. X' seeking the removal of her non-consensual intimate images (NCII) from various online platforms. The case details how Mrs. X was victimized after being coerced into paying money, leading to the leakage of explicit photos and videos on pornographic websites. Despite complaints to social media giants like Google and Microsoft, the content remained online. The Court emphasized the need for robust mechanisms to protect victims' privacy and dignity in a patriarchal society. While acknowledging existing legal frameworks under the IT Act, the judgment highlighted the reluctance of intermediaries in implementing these laws effectively. The court issued directions urging all concerned entities to comply with the stipulated provisions.

patent mixed · Apr 20, 2023

Ms. Aaradhya Bachchan And Anr. v.Bollywood Time & Ors.

Delhi High Court - Orders · CS(COMM) 230/2023

Ms. Aaradhya Bachchan filed a civil suit alleging that various parties were circulating misleading videos on YouTube claiming she was critically ill or deceased, often using morphed pictures. The plaintiffs argued this violated her right to privacy and infringed upon the family's intellectual property rights, specifically copyright in their images. The court examined the role of social media intermediaries like Google LLC (YouTube) under the IT Rules, 2021, while setting procedural timelines for the parties to proceed with the infringement claim.

patent dismissed · Apr 17, 2023

B.Kailasam Sole Proprietor of M/s.Sri Ayyappan Fine Arts v.S.A.Safiullah an Indian National, trading as Sole Proprietor in the name and style of S.A.SAFIULLAH & CO

Madras High Court · (T)OP(PT)12/2023

The petitioner filed a petition seeking the revocation of Patent No. 198079, which was granted to the first respondent. The court noted that the term of the said patent had expired.

patent mixed · Apr 10, 2023

Sanjay Mehra v.Sharad Mehra & Ors.

Delhi High Court · CS(COMM) 561/2022

This suit was filed by Sanjay Mehra seeking permanent injunction against Sharad Mehra & Ors. for alleged infringement and passing off related to the 'SUPERON' trademark and associated intellectual property rights. The core dispute revolved around the division of business assets, including IP, between two groups (SM Group and SDM Group) as per a Memorandum of Family Settlement (MOFS). Although the Plaintiff argued jurisdiction over the matter, the Court ultimately found that arbitration was the intended forum for resolving disputes arising from the MOFS and Sale Deed.

patent remanded · Mar 29, 2023

Ifp Energies Nouvelles v.The Assistant Controller of Patents and Designs, Government of India

Madras High Court · CMA (PT) No.20 of 2023

Ifp Energies Nouvelles appealed the rejection of its patent application (No. 1373/CHE/2015) by the Controller of Patents and Designs, Chennai. The appellant argued that the rejection order was non-speaking and failed to consider their submissions or prior acceptance in the USA. The High Court agreed, finding that the material contentions were ignored.

patent mixed · Mar 21, 2023

M/S K.W Enterprises v.M/S Karam Industrial Works

Delhi High Court - Orders · C.O.(COMM.IPD-CR) 734/2022

M/S K.W Enterprises filed a petition seeking the cancellation of an artistic work registered in favor of M/S Karam Industrial Works under Section 50 of the Copyright Act, 1957. The petitioner argued that the respondent had previously undertaken not to use 'K.I.W.' in relation to cycle parts, which is deceptively similar to K.W. The court observed that this matter was already being disputed in a separate civil suit (CS(COMM) 1035/2016).

patent plaintiff favorable · Mar 14, 2023

Dolby International Ab v.The Assistant Controller Of Patents And Designs

Delhi High Court · C.A.(COMM.IPD-PAT) 10/2021

Dolby International Ab appealed the rejection of its patent application (No. 6570/DELNP/2009) by the Assistant Controller of Patents. The Delhi High Court found that the impugned order was arbitrary, incomprehensible, and lacked any proper reasoning or due application of mind. Consequently, the court quashed the rejection and remanded the matter for fresh consideration.

patent defendant favorable · Mar 14, 2023

Kanishk Sinha v.The Union of India & Ors.

Calcutta High Court (Appellete Side) · R.V.W. 224 of 2022 in W.P.A. No. 1963 of 2022

Kanishk Sinha filed a review application challenging the order of a Single Judge regarding the constitutional validity of Section 53 of the Patents Act, 1970. The court dismissed the review application, holding that the petitioner had not adequately argued or pleaded the issue of constitutional validity in the original writ petition.

patent plaintiff favorable · Mar 14, 2023

Mr.C.S.Padam Chand v.K.Shibu Proprietor Thameem Films and M/s H.R.Pictures

Madras High Court · O.S.A.(CAD)No.18 of 2023

The appeal concerned the appellant's attempt to restrain the release of the movie 'Thugs' due to alleged non-fulfillment of obligations under prior copyright agreements with K.Shibu. The court found that although H.R.Pictures was not a party to the original agreement, an interim injunction could be maintained against its further exploitation (OTT rights) provided K.Shibu furnished adequate security.

patent pending · Mar 10, 2023

Ctr Manufacturing Industries Pvt Ltd v.Sudhir Kumar & Ors.

Delhi High Court - Orders · C.O.(COMM.IPD-PAT) 2/2023

The petitioner sought the revocation of Indian Patent No. 301322 (Impugned Patent) registered in favour of Respondents No. 1 and 2, arguing that it was liable to be revoked under Section 64 of the Patents Act, 1970. The court granted an exemption for filing annexures and directed notice to be issued to the respondents.

patent dismissed · Mar 6, 2023

Kimplas Piping Systems Limited v.Government of India

Madras High Court · W.P.No.2863 of 2018

Kimplas Piping Systems Limited filed a Writ Petition seeking to call for the records of the Government of India concerning two specific patent applications (Nos. 211904 and 196432) and quash the related order dated 04.12.2017. However, the petitioner's counsel submitted that the prayer had become infructuous.

patent interim order · Mar 1, 2023

Inreco Entertainment Private Limited v.M/S. Nav Records Private Limited (Nupur Audio)

Calcutta High Court · CS/38/2023

The Calcutta High Court admitted the plaint filed by Inreco Entertainment Private Limited against M/S. Nav Records Private Limited. The court granted necessary procedural leaves and dispensed with certain requirements due to the urgency pleaded in the case.

patent plaintiff favorable · Feb 27, 2023

Murarilal Harish Chandra Jaiswal Pvt ltd. v.Shivashankar

Delhi District Court · CS (COMM) 28/2021

The plaintiff, engaged in manufacturing tobacco products under the trademark HANSCHAAP, filed a suit alleging that the defendants were dishonestly adopting and using identical/deceptively similar trademarks (HANS and HANSVENBA) on their impugned goods. The court found the defendants guilty of infringement, passing off, dilution, and copyright violation.

patent defendant favorable · Feb 16, 2023

M/S M.M.I. Tobacco (P) Ltd. v.State Of U.P. And 11 Others

Allahabad High Court · WRIT - C No. - 29237 of 2022

M/S M.M.I. Tobacco (P) Ltd. filed a writ petition seeking directions to state authorities to initiate proceedings against private respondents for alleged violations of the Trade Marks Act, 1999, and the Copyright Act, 1957. The petitioner sought mandatory action under both IP statutes. However, the Allahabad High Court dismissed the petition, holding that if any violation exists, the petitioner must pursue remedies through an FIR or other permissible legal actions, rather than seeking enforcement via writ jurisdiction.

patent interim order · Feb 3, 2023

Battelle Memorial Institute v.Controller General of Patents, Designs and Trademarks and Anr.

Calcutta High Court · IPDPTA/105/2023

This matter was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue notices to both parties and file a report before proceeding with the case. Liberty was also granted for either party to apply for an early hearing.

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