Textile — India Patent Cases
69 decisions indexed
Page 1 of 3 · 69 total
Trutzchler Gmbh And Co Kg Limited v.The Controller General Of Patents
The appellant challenged the rejection of their patent application (No. 1250/KOL/2009) based on alleged lack of inventive steps. The appeal argued that the Controller reintroduced this objection suo moto, violating natural justice principles and contradicting earlier notices where the objection had been waived.
Trutzchler Gmbh And Co Kg Limited v.The Controller General Of Patents
The appellant challenged the Controller's decision to reject its patent application (1250/KOL/2009) primarily on grounds of lacking inventive steps. The appellant argued that the reintroduction of this objection after amendments and previous hearings violated natural justice principles. The High Court found that the procedure was against the scheme of the Act, setting aside the rejection order.
Trident Limited v.Controller Of Patents
Trident Limited appealed a decision by the Controller of Patents that refused grant for its patent application concerning 'Air Rich Yarn and Fabric and its Method of Manufacturing'. The Appellant argued that the refusal, based on lack of inventive step, was flawed because the cited prior art did not disclose the critical feature: uniformly distributed pores across the radial cross-section of the yarn. The Delhi High Court found infirmities in the Impugned Order, particularly regarding the interpretation of novelty and obviousness against the specific claims. Consequently, the High Court set aside the refusal order and remanded the matter for fresh consideration by a different Controller.
Lmw Limited v.Marzoli Machines Textile S. R. L & Anr.
Lmw Limited filed a petition before the Delhi High Court seeking the revocation of Indian Patent number IN 496349. The court issued notice and directed both parties to file necessary pleadings, setting future dates for listing.
P.Pandian v.The Registrar of Trademarks
The Madras High Court ruled in favor of P.Pandian, directing the Registrar of Trademarks to allow the renewal of the trademark 'THILTH'. The core issue was that despite the mark expiring, the petitioner could not renew it because the Registry failed to issue the mandatory statutory notice under Section 25(3) of the Trademarks Act, 1999. The court emphasized the Registrar's duty to inform proprietors about approaching expiration, thereby enabling timely renewal or restoration.
Bombay Dyeing And Manufacturing Company Limited v.John Doe & Ors.
The Delhi High Court allowed the Plaintiff, Bombay Dyeing, to implead two new entities, M/s Ooak Association and M/s Urban Stuff Retail, as defendants in a trademark infringement suit. The court found that these newly identified parties were organizers of an exhibition where counterfeit 'BOMBAY DYEING' bed linens were being sold. Furthermore, the Court granted exemption from advance service to several existing defendants, facilitating the continuation of the injunction proceedings against the infringing products.
Saurer Technologies GmbH & Co. KG. v.Jingwei Textile Machinery Co., Ltd.
Saurer Technologies GmbH & Co. KG. filed a Commercial IP Suit alleging that Jingwei Textile Machinery Co., Ltd. was infringing its patent related to textile machinery. The suit sought an injunction, based on products being imported and used in Pune, Maharashtra. However, the defendant challenged the court's territorial jurisdiction, arguing that the cause of action arose outside the Bombay High Court's purview. Consequently, the court allowed the application for return of the plaint, dismissing the amendment request as well.
Kabushiki Kaisha Toyota Jidoshokki v.Lmw Limited
The plaintiff sought an interim injunction against the defendant for using products allegedly infringing Indian Patents IN2447593 and IN3948834. The court focused only on IN2447593 (Spinpact) and found that since this patent had already expired on May 24, 2025, it could not grant an effective restraining order.
Rieter Ag And Anr. v.Kavassery Narayanaswamy Venkatesubramanian
The Delhi High Court dismissed a challenge by the defendant regarding territorial jurisdiction over an infringement suit involving designs, trademarks, and patents. The plaintiffs successfully argued that despite the defendant being based elsewhere, the cause of action arose in Delhi because goods were delivered to an address there following an order placed from Delhi. The court rejected the defense's claim that the transaction was merely a 'trap purchase,' affirming that the physical delivery of goods and invoicing in Delhi established the court's jurisdiction.
M/s. P.V.S.Knittings v.P. Prakash (trading as M/s. S P S TEX)
The Madras High Court addressed a complex suit involving allegations of trade mark infringement, copyright violation, and passing off. The plaintiff, M/s. P.V.S.Knittings, sought protection for its registered brand 'TWIN BIRDS' against the defendant's use of 'FLY BIRDS,' which was alleged to be deceptively similar in name and visual presentation (pink and white color scheme). Furthermore, the suit included a petition seeking rectification to cancel a conflicting trademark registration. The court issued a common judgment addressing both the infringement claims and the request for cancellation.
M/s. P.V.S.Knittings v.P. Prakash (trading as M/s. S P S TEX)
The Madras High Court addressed a complex suit involving allegations of trade mark infringement, copyright violation, and passing off. The plaintiff, M/s. P.V.S.Knittings, sought protection for its registered brand 'TWIN BIRDS' against the defendant's use of 'FLY BIRDS,' which was alleged to be deceptively similar in name and visual presentation (pink and white color scheme). Furthermore, the suit included a petition seeking rectification to cancel a conflicting trademark registration. The court issued a common judgment addressing both the infringement claims and the request for cancellation.
Abhi Traders v.Fashnear Technologies Private Limited & Ors.
Abhi Traders, a clothing manufacturer, filed a suit against various sellers operating on an e-commerce platform (Defendant No. 1) for infringing its copyrights and passing off its products. The plaintiff asserted ownership over the artistic designs and promotional photographs used to market its 'Ibrana' line of ethnic wear. After the defendants failed to file written statements despite being served, the court found that the defendants substantially reproduced the copyrighted images and took unfair advantage of the plaintiff's goodwill.
Khadi & Village Industries Commission v.Ms. Aparna Mallick And Anr.
The Delhi High Court ruled in favor of the Khadi & Village Industries Commission, granting a permanent injunction against Ms. Aparna Mallick and others for trademark infringement and passing off. The court found that the defendant's use of 'KHADISAREE' was deceptively similar to the plaintiff's well-known mark 'KHADI'. Furthermore, the Court ordered the transfer of the infringing domain name and awarded substantial damages and costs against the defendant due to their non-cooperation.
Promoshirt Sm. Pvt. Ltd. v.The Registrar Of Trade Marks
The Delhi High Court ruled in favor of Promoshirt Sm. Pvt. Ltd., directing the Registrar of Trade Marks to restore and renew a trademark registration (No. 1150198). The petitioner argued that the delay in issuing the certificate, coupled with failure to serve mandatory renewal notices (O-3 Notice), prevented them from renewing their mark despite its initial validity period expiring. Citing precedent, the Court held that the proprietor should not be penalized for administrative lapses by the Registry, mandating the restoration and subsequent renewal of the trademark.
Bibin John v.Lifestyle International Private Limited
The Madras High Court, in an appeal challenging a prior injunction order, allowed the appellant to vacate the interim injunction granted by the lower court. The court noted that while there was no prima facie case for trademark infringement, it found evidence suggesting the appellant's use of e-commerce portals, leading to the reversal of the temporary restraint. However, subsequent proceedings were halted as the matter was appealed to the Supreme Court.
Bibin John v.Lifestyle International Private Limited
The Madras High Court, in an appeal challenging a prior injunction order, allowed the appellant to vacate the interim injunction granted by the lower court. The court noted that while there was no prima facie case for trademark infringement, it found evidence suggesting the appellant's use of e-commerce portals, leading to the reversal of the temporary restraint. However, subsequent proceedings were halted as the matter was appealed to the Supreme Court.
Biswanath Hosiery Mills Limited & Anr v.Micky Metals Limited
The Calcutta High Court dismissed the plaintiffs' interim application seeking protection for their trademark 'LUX'. Despite presenting evidence of long-standing use, massive sales figures, and international presence, the court found insufficient grounds to grant relief at the interim stage. The judgment noted that the mark 'LUX' has been used by various entities and pointed to prior legal challenges regarding its registration, ultimately finding no compelling reason to favor the plaintiffs.
Industria De Diseno Textil, S.A. v.Registrar Of Trade Marks & Anr.
Industria De Diseno Textil, S.A. appealed the Registrar of Trade Marks' decision dismissing an opposition against a similar mark (ZORA). The appellant argued that the use of ZORA by a bag manufacturer would exploit the goodwill and reputation of their well-known trademark, ZARA, particularly in relation to textiles. While the court granted procedural relief regarding delay condonation and exemption from filing copies, it issued notice to the opposing party (Respondent No. 2) to file a reply, indicating that the substantive dispute over trademark infringement and passing off is yet to be decided.
Khadi & Village Industries Commission v.Ms. Aparna Mallick And Anr.
The Delhi High Court ruled in favor of the Khadi & Village Industries Commission, granting a permanent injunction against Ms. Aparna Mallick and others for trademark infringement and passing off. The court found that the defendant's use of 'KHADISAREE' was deceptively similar to the plaintiff's well-known mark 'KHADI'. Furthermore, the Court ordered the transfer of the infringing domain name and awarded substantial damages and costs against the defendant due to their non-cooperation.
M/s.Nalli Chinnasami Chetty v.Sivakumar G.Nalli
The Madras High Court addressed a civil suit filed by M/s.Nalli Chinnasami Chetty alleging trademark infringement and passing off against Sivakumar G.Nalli and others regarding the 'Nalli' brand. Despite extensive evidence presented by the plaintiff, including proof of long-standing reputation and registration, the court dismissed the core prayers seeking permanent injunctions, rendition of accounts, and damages. The judgment highlights the high burden required for a successful infringement claim in civil court.
Khadi And Village Industries Commission (KVIC) v.Girdhar Industries And Anr.
The Delhi High Court addressed an application filed by the Khadi And Village Industries Commission (KVIC) seeking an interim injunction against Girdhar Industries regarding alleged trademark infringement and passing off. Despite KVIC asserting immense goodwill associated with its 'KHADI' mark, the court found that the balance of convenience did not favor granting a restraining order at this interlocutory stage. Consequently, the application for an injunction was dismissed, though the defendants were mandated to maintain and periodically file detailed accounts of their product sales.
Grasim Industries Limited v.Lenzing Ag & Anr.
Grasim Industries Limited filed a revocation petition against Patent no. IN 367685, granted to Lenzing AG for 'Fire-retardant cellulose fiber'. The court disposed of several interlocutory applications and initiated proceedings by issuing notice and setting timelines for filing the counter affidavit.
Vennila Clothing Company v.M/s.Arrs Silks
Vennila Clothing Company filed a suit against M/s.Arrs Silks alleging infringement of its registered trademarks ('RAMRAJ'/'RAJARAM') and copyright over its trade dress in the textile industry. The core dispute centered on the unauthorized use of deceptively similar labels by the defendants, leading to claims for injunction, damages, and account of profits. Ultimately, both parties reached a settlement via a Joint Memorandum of Compromise (MOC).
Ashok Oswal v.The Assistant Controller of Patents and Designs
Ashok Oswal appealed the rejection of his patent application (No. 201811029748), which covered a system and method for determining textile raw material quality attributes. The appellant argued that the impugned order failed to provide adequate reasons for rejecting the claims under Section 3(k) and Section 2(1)(ja).
Saint-Gobain Abrasives, Inc. v.The Controller of Patents and Designs
Saint-Gobain Abrasives appealed a rejection order issued by The Controller of Patents and Designs concerning Patent Application No. 201941052276 for a NONWOVEN ARTICLE. The appellants argued that the rejection based on lack of disclosure, definitiveness, and obviousness was unsustainable. The High Court set aside the impugned order and remanded the application for re-consideration.
Tibra Collection v.Fashnear Technologies Private Limited & Ors.
Tibra Collection filed suit against several unauthorized sellers operating on the Meesho platform (run by Fashnear Technologies Private Limited) for copyright infringement and passing off. The Plaintiff alleged that Defendants were selling counterfeit garments that copied their designs and misusing their copyrighted photographs. After initial interim injunctions, the parties reached a settlement agreement. The court subsequently decreed the suit against the infringing sellers (Defendants 2-6), formalizing the undertaking which included a payment of Rs. 10 lakh to Tibra Collection and permanent cessation of all infringing activities.
Bharat Vastralaya v.Karishma Silks & Sarees
The Madras High Court disposed of a Trade Marks Appeal between Bharat Vastralaya and Karishma Silks & Sarees based on a settlement reached between the parties. The consent terms mandate that while the Respondent can continue using 'KARISHMA' for one specific outlet in Bangalore, they must withdraw their existing trademark registration (No. 572267) in Class 24. This resolution provides a clear path forward for both parties to manage their respective rights and prevent further litigation.
M/s.Mysore Silk Udyog v.M/s.Mysore Saree Udyog LLP
The Madras High Court dismissed two Original Petitions filed by M/s. Mysore Silk Udyog seeking to expunge or limit the scope of registered trade marks belonging to M/s. Mysore Saree Udyog LLP. The dismissal was not based on the merits of the trademark dispute, but rather because the petitioner failed to appear and could not be served notice at the address provided in the petition. This highlights the critical importance for IP litigants to maintain accurate contact information throughout legal proceedings.
M/s.Mysore Silk Udyog v.M/s.Mysore Saree Udyog LLP
The Madras High Court dismissed two Original Petitions filed by M/s. Mysore Silk Udyog seeking to expunge or limit the scope of registered trade marks belonging to M/s. Mysore Saree Udyog LLP. The dismissal was not based on the merits of the trademark dispute, but rather because the petitioner failed to appear and could not be served notice at the address provided in the petition. This highlights the critical importance for IP litigants to maintain accurate contact information throughout legal proceedings.
M/s.Jaya Balaji Tex v.Senniappan Kuppusamy; The Registrar of Trademarks
The Madras High Court dismissed two Original Petitions filed under Section 57 of the Trade Marks Act, 1999. The petitions sought the removal of specific registered trademarks (No. 1607835 and No. 1464323) from the Register of Trademarks in Class 25. However, both parties reached an amicable resolution regarding the disputes, leading the petitioner to withdraw the cases before the court.
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