Other — India Patent Cases
438 decisions indexed
Page 8 of 15 · 438 total
Paresh Ajitkumar Kapoor v.Tomar Enterprises
The plaintiffs initiated a suit for infringement and perpetual injunction under Section 22 of the Designs Act, 2000, concerning their registered air cooler design. The defendants subsequently filed an application challenging the suit's validity before the High Court. This court addressed the objections raised by the defendants regarding jurisdiction, parallel proceedings, and cause of action. Ultimately, the court dismissed the defendants' application under Order 7 Rule 11 CPC, affirming the maintainability of the original infringement suit.
Delhi Public School Society v.Delhi Public International School
The Delhi Public School Society filed a suit seeking permanent injunction against Delhi Public International School for alleged trademark infringement and passing off, claiming that the use of 'DPIS' was deceptively similar to their established brand 'DPS'. The court initially granted an interim injunction recognizing the plaintiff's prior rights. However, upon considering subsequent developments, particularly the change in name by the defendant school, the court concluded that the main cause of action no longer survived against all parties. Consequently, the suit was disposed of, allowing the plaintiff to pursue remedies regarding pending trademark applications.
M/S. Simpson & Company Limited v.Shri Rhythm Agarwal
M/S. Simpson & Company Limited appealed a judgment that had dismissed its suit for trademark infringement and passing off against Shri Rhythm Agarwal. The core dispute revolved around the court's jurisdiction, as the respondent argued the cause of action arose in Uttar Pradesh, not Chennai. The Madras High Court ultimately set aside the lower court's decision, holding that despite the defendant's arguments, the appellant had sufficient grounds under Section 134(2) of the Trade Marks Act to file the suit in its jurisdiction.
Applause Entertainment Pvt. Ltd. v.Aryan Sharma & Anr.
The Commercial IP Suit filed by Applause Entertainment Pvt. Ltd. against Aryan Sharma & Anr. was settled between the parties via Consent Terms dated 02.05.2022. The court accepted these terms, permitted amendments to the case title, and subsequently disposed of the suit.
S.Maheswari v.The Union of India
This writ petition challenged a summons issued by the Assistant Registrar of Trade Marks, which sought an explanation from the petitioner regarding statements made in a daily newspaper concerning the rejection of her trademark registration. The petitioner had previously appealed this rejection to the IPAB, which remanded the matter back for reconsideration. The Madras High Court ultimately quashed the impugned summons, holding that statutory authorities are creatures under law and cannot conduct inquiries or issue summons based merely on news reports published in a newspaper.
The European Union Represented By The European Commission v.Union Of India & Ors.
The European Union challenged the deemed abandonment of two patent applications (11123/DELNP/2012 and 3466/DELNP/2013) filed under Indian law. The Petitioner argued that despite procedural delays involving multiple patent agents, they had taken steps to respond to the First Examination Reports (FERs). Citing exceptional circumstances and observations from a Parliamentary Standing Committee regarding the inflexibility of abandonment rules, the Delhi High Court set aside the abandonment orders.
The European Union Represented By The European Commission v.Union Of India & Ors.
The European Union challenged the deeming abandonment of two patent applications (11123/DELNP/2012 and 3466/DELNP/2013) filed under the Indian Patents Act. The Petitioner argued that delays, stemming from changes in legal counsel and communication issues with the initial patent agent, led to the abandonment orders. Citing exceptional circumstances and observations from a Parliamentary Standing Committee regarding the inflexibility of the Patent Act, the Delhi High Court set aside the abandonment orders.
ITC Limited v.Philip Morris Products S.A.
ITC Limited appealed against an order from the Assistant Controller of Patents and Designs which rejected a post-grant opposition against Patent No. IN319780, thereby maintaining the patent. The Appellant argued that the impugned order was non-speaking and unreasoned. Both parties consented to the matter being remanded.
Shree Vari Multiplast India Pvt. Ltd. v.Nilkamal Plastics Limited
Shree Vari Multiplast India Pvt. Ltd. filed a suit against Nilkamal Plastics Limited seeking permanent injunction regarding alleged infringement of Design No.176931 related to plastic moulded chairs. The plaintiff argued that the design was common knowledge and liable for rectification, while also challenging the defendant's Cease and Desist Notice. However, the court ultimately dismissed the suit as infructuous because the registered design rights had expired.
Shree Vari Multiplast India Pvt. Ltd. v.Nilkamal Plastics Limited
Shree Vari Multiplast India Pvt. Ltd. filed a suit against Nilkamal Plastics Limited alleging infringement of Design No.176931 related to plastic moulded chairs, seeking permanent injunction and declaration that the Cease and Desist Notice was unjustifiable. The plaintiff argued that the design was common use in the industry and liable for rectification due to lack of novelty. However, the court ultimately dismissed the suit as infructuous, noting that the registered design's protection period had expired.
Shree Vari Multiplast India Pvt. Ltd. v.Nilkamal Plastics Limited
Shree Vari Multiplast India Pvt. Ltd. filed a suit against Nilkamal Plastics Limited, seeking permanent injunction against alleged infringement of Design No.176931 related to plastic moulded chairs. The plaintiff argued that the design was common knowledge and liable for rectification or revocation. However, the court ultimately dismissed the suit as infructuous because the registration period for the design had expired.
Mitsubishi Power Ltd v.The Assistant Controller Of Patents And Designs
Mitsubishi Power Ltd appealed against the rejection of its patent application by The Assistant Controller Of Patents And Designs. The rejection was based on lack of inventive step and Section 3(d) of the Patents Act, 1970. The court disposed of the stay application (I.A. 11537/2021), noting that since the patent had been rejected, no interim order could be granted.
Akhil Bhartiya Kayastha Mahasabha v.Akhil Bhartiya Kayastha Mahasabha & Anr.
This appeal challenged an order from the Commercial Court which held that a suit seeking protection for the mark 'Akhil Bhartiya Kayastha Mahasabha' was not a commercial dispute. The petitioner argued that since the dispute related to their intellectual property rights—specifically, an unregistered trademark/name—it must fall under Section 2(c)(xvii) of the Commercial Courts Act, 2015. The Delhi High Court agreed with this contention, setting aside the lower court's order.
Emd Millipore Corporation v.Assistant Controller Of Patents And Designs
Emd Millipore Corporation appealed a decision by the Controller of Patents, Chennai, which rejected its patent application (No. 1026/DEL/2012). The High Court first condoned the delay in filing the appeal and subsequently listed the matter for further hearing to determine if the invention has been put to commercial use.
Resilient Innovations Private Limited v.PhonePe Private Limited
This appeal challenged an order that allowed the plaintiff (PhonePe Private Limited) to withdraw its initial commercial IP suit concerning trademark infringement and passing off, while retaining the liberty to file a fresh suit. The appellant (Resilient Innovations Private Limited) argued this order was erroneous and not maintainable for appeal. The Bombay High Court ultimately dismissed the appeal, holding that the Impugned Order did not qualify as a 'decree' under the CPC, thereby ruling on the issue of maintainability.
Resilient Innovations Private Limited v.Phonepe Private Limited
Resilient Innovations Private Limited challenged an order passed by the lower court that allowed Phonepe Private Limited to withdraw its trademark infringement suit with liberty to file a fresh one. The Appellant argued this grant constituted a jurisdictional error and should be appealable. However, the Bombay High Court ultimately dismissed the appeal on the grounds of maintainability, holding that the Impugned Order was not a 'decree' under the CPC. While avoiding comment on the merits of the IP dispute, the court provided clarity on the legal effect of such withdrawal orders.
Narendra Hirawat And Co. v.Sholay Media Entertainment Pvt. Ltd. & Anr.
This case concerns a dispute over film licensing rights for 'Sholay' and related titles between Narendra Hirawat And Co. (NHC) and Sholay Media Entertainment Pvt. Ltd. (SME). The core issue revolved around alleged non-compliance with a Deed of Settlement, which included payment obligations and an extension of the license period. The Supreme Court granted leave and allowed the appeals, effectively restoring the interim injunction in favor of NHC.
Saisons Trade And Industry Private Limited v.Maithri Aquatech Private Limited
Saisons Trade And Industry Private Limited filed a suit seeking permanent and mandatory injunction against Maithri Aquatech Private Limited and others for alleged patent infringement. The defendants challenged the court's territorial jurisdiction, arguing that neither party was located in Delhi. However, the Court found that since the defendant No.1 operated an interactive website accessible globally, and Defendants No.2 & 3 were marketing agents based in Delhi, Delhi courts possessed sufficient jurisdiction to hear the matter. Consequently, the application for leave to file the suit was allowed.
Indus Tmt Industries Ltd v.M/S Mega Steel Industries
This case involved Indus Tmt Industries Ltd filing Original Suits against M/S Mega Steel Industries alleging infringement and passing off related to its registered trademarks and design. The plaintiffs sought permanent injunctions and damages for the unauthorized use of similar marks like 'Index Gold'. During the proceedings, the court permitted the plaintiff to delete the prayer pertaining to the Designs Act, 2000, leading to the suits being remanded back to the Trial Court to resolve the remaining disputes.
Sahajanand Technologies Private Limited v.Galatea Limited
Sahajanand Technologies Private Limited approached the Gujarat High Court seeking procedural directions concerning an ongoing Trademark Suit. The petitioner specifically relied upon Section 104 of the Patents Act, 1970, to influence the trial court's proceedings regarding a Counter Claim (Exhibit 28). After mutual consent from both parties, the High Court disposed of the petition while directing the Trial Court to decide Exhibit 28 within four weeks.
Growthpond Technology Pvt Ltd v.VGD Technologies Pvt Ltd
Growthpond Technology Pvt Ltd filed a petition seeking leave to initiate a lawsuit against VGD Technologies Pvt Ltd concerning alleged trademark infringement and passing off. The petitioner argued that no such leave was required under Clause XII of the Letters Patent, as the main suit addressed these IP violations. Furthermore, counsel established the Bombay High Court's jurisdiction based on the Petitioner's Mumbai registration. Consequently, the court dismissed the petition as withdrawn.
Telefonaktiebolaget Lm Ericsson (Pub) v.The Controller of Patents and Designs and Ors.
The appeal was filed by Telefonaktiebolaget Lm Ericsson against the Assistant Controller's refusal to grant a patent. The court found that there had been a violation of the principle of natural justice, specifically regarding the lack of opportunity for the appellant to deal with fresh objections.
Intelligent Packaging Pty Ltd v.The Controller General Of Patents
Intelligent Packaging Pty Ltd filed an appeal challenging the Controller General of Patents' refusal to grant Indian Patent Application Number No. 156/DELNP/2014. The court issued several interim orders regarding procedural matters such as condonation of delay, exemption from filing documents, and granted time for the respondent to file a reply.
Mita Ashok Kapoor Through Poa Paresh Ajitkumar Kapoor v.Raj Cooling System Private Limited
The plaintiffs filed civil suits alleging that the defendant was infringing their registered design for an air-cooler grill. The plaintiff holds registrations (No. 324986-017 and No. 233559) covering the unique shape and configuration of the grill. The court examined the claims, noting a striking similarity between the designs and finding that the plaintiffs had made out a prima facie case for protection.
DINA MALAR A Partnership Concern v.K.Ramasubbu
This suit was filed by Dina Malar against several defendants, including K. Ramasubbu, alleging infringement of its trade marks ('DINA MALA') and copyright related to the work 'DINAMALAR'. The plaintiff sought perpetual injunctions and surrender of infringing materials. However, despite the initial filing under the Trade and Merchandise Marks Act and Copyright Act, the court ultimately dismissed the suit due to non-prosecution by the plaintiff.
R.Venkitapathy v.Kaalaimalar Publications (P) Ltd.
This case involved a dispute filed by R.Venkitapathy against Kaalaimalar Publications (P) Ltd., alleging infringement of trade marks ('DINA MALAR') and copyright in stylized lettering and associated devices. The plaintiff sought perpetual injunctions to prevent deceptive similarity and passing off. However, the court ultimately dismissed the suit due to non-prosecution by the plaintiff.
New Pattukottai Kamatchi Mess v.New Pattukottai Kamatchi Mess - Nunpahal Unavagam LLP
This case involved a dispute over the use of the trade name 'New Pattukottai Kamatchi Mess' between two entities. The plaintiff sought permanent injunctions against trademark infringement and passing off, along with damages. However, both parties mutually agreed to resolve all existing disputes, including those related to the trademark claims, through arbitration.
Mohan Breweries and Distilleries Limited v.M's Dhanalakshmi Bottles Supplies
Mohan Breweries and Distilleries Limited filed a civil suit alleging infringement of its registered design, logo, and trademark by M's Dhanalakshmi Bottles Supplies. The plaintiff sought permanent injunctions, damages, and accounting for sales made using the protected bottle designs. However, during the proceedings, it was reported that the sole defendant had passed away. Given that the cause of action was in persona (personal to the individual), the court dismissed the suit.
Mohan Breweries and Distilleries Limited v.M's Dhanalakshmi Bottles Supplies
Mohan Breweries and Distilleries Limited filed a civil suit alleging infringement of its registered design, trademark, and copyright by M's Dhanalakshmi Bottles Supplies. The plaintiff sought permanent injunctions and damages for the unauthorized use of their branded bottles. However, the court noted that the sole defendant had passed away prior to the hearing date. Given that the cause of action was in persona (personal), the suit was ultimately dismissed.
Murlidhar Gyanchandani v.The State of Jharkhand
This petition before the Jharkhand High Court addresses allegations made by R.S.P.L. Health Pvt. Ltd. against M/s Vedanta Tea Agro Industries regarding the misuse of the 'Ghari' Trademark and Copyright. The controversy stems from an ex parte ad interim injunction passed by the District Court, which led to a contempt reference in Delhi. After reviewing the record, the High Court noted that pending proceedings before the Delhi Courts would have far-reaching effects on these cases.
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