Textile — India Patent Cases
67 decisions indexed
Page 2 of 3 · 67 total
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.
M/S Yashram Lifestyle Brands Pvt Ltd v.M/S Gokuldas Intimatewear Private Limited
The plaintiffs filed an Original Suit seeking a permanent injunction against the defendant for infringing their granted patent (IN 306901) related to 'Fab-Shield Period Panty'. The dispute, which also involved challenges to the patent's validity, was subsequently settled by both parties. A Patent License Agreement was entered into on January 01, 2023, and the suit was disposed of accordingly.
Mr.Pawan Kumar Santhaliaa (Trading as M/s.Sri Shyam Store) and M/s.Techno Sportswear Private Limited v.G.Kannan (Trading as D.S.K.Garments)
This case involved a suit filed by Mr.Pawan Kumar Santhaliaa and M/s.Techno Sportswear Private Limited against G.Kannan and Hitlar Fashions for alleged infringement of their trademark 'TECHNO' and copyright in artistic works used on garments. The plaintiffs sought permanent injunctions, damages, and accounts of profits. Ultimately, a compromise was reached between the plaintiffs and the first defendant, leading to the suit being decreed based on the terms of the Joint Compromise Memo.
Mr.Pawan Kumar Santhaliaa Trading as M/s.Sri Shyam Store and M/s.Techno Sportswear Private Limited v.G.Kannan Trading as D.S.K.Garments
This case involved a suit filed by Mr. Pawan Kumar Santhaliaa (trading as M/s.Sri Shyam Store) and M/s.Techno Sportswear Private Limited against G.Kannan (D.S.K.Garments) and Hitlar Fashions. The plaintiffs sought permanent injunctions for trademark infringement, passing off, and copyright violation concerning the 'TECHNO' brand used on garments. Ultimately, a compromise was reached between the plaintiffs and the first defendant, leading to the suit being decreed based on the terms of the Joint Compromise Memo.
Groz-Beckert Kg v.Union Of India & Ors.
Groz-Beckert Kg appealed an order from the Assistant Controller rejecting its patent application for a method and apparatus related to processing tape-shaped material. The rejection was based on lack of inventive step, citing prior art (D4).
Carousel Design Pvt Ltd v.Kurush Noshir Jungalwala & Ors.
The Delhi High Court granted an interim injunction favoring Carousel Design Pvt Ltd, who holds the registered trademark 'SHIFT'. The court found that the defendant's adoption of a deceptively similar mark ('CHEMOULD SHIFT') created a likelihood of confusion among consumers. Despite initial attempts at amicable settlement, the plaintiff successfully demonstrated a prima facie case of infringement and passing off, leading the court to restrain the defendants from using the infringing marks until further orders.
Uster Technologies Ag v.The Assistant Controller of Patents & Designs
Uster Technologies Ag challenged the rejection of its patent application, which related to a method for optimizing textile manufacturing processes. The petitioner argued that the rejection order was erroneous and failed to consider the provisions of the Patents Act regarding convention applications and amendments. The High Court set aside the impugned order and remanded the matter back to the Controller for fresh consideration.
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.
Dhanam Textiles v.N.Varadaiah Trading as Ganesh Lungi Company
Dhanam Textiles filed a suit against N.Varadaiah for alleged infringement of its registered trademark '360 BRAND,' copyright violation, and passing off concerning textile goods (lungies). The plaintiffs sought permanent injunctions and damages due to the defendant's use of deceptively similar labels like '3600, 361, 369 BRAND.' Ultimately, the parties reached a compromise memo which was accepted by the court, leading to the suit being decreed in terms of that settlement.
Kannur Lulu Sarees And Textiles Pvt. Ltd v.The Controller General Of Patents, Designs and Trademarks Office of the Trade Marks Registry
The Kerala High Court dismissed a Writ Petition filed by Kannur Lulu Sarees And Textiles Pvt. Ltd against various IP authorities, including The Controller General of Patents and Designs. The petitioner sought leave to withdraw the case, which was subsequently granted by the court. This dismissal allows the petitioner to pursue their rights through other appropriate legal channels.
Rui Boutique v.Nidhi Arora
The plaintiff, Rui Boutique, a manufacturer and trader of ready-made women's garments under the trade mark 'RUI', filed an application alleging that the defendant was using the impugned mark 'RUI INDIA' for similar goods. The court found a strong prima facie case regarding the identity/deceptive similarity between the marks and granted an ad-interim injunction.
Anurag Sanghi v.M/S Knitpro International
This Delhi High Court judgment addresses a request by Anurag Sanghi to consolidate several related intellectual property suits. The petitioner sought to have three separate suits—one for design infringement (CS 867/2018), one for passing off (TM No.178/2017), and one for copyright infringement (TM No.179/2017)—tried together in a single court. The Court held that since the causes of action are based on the same facts—the sale or offer for sale of rival knitting needles—they must be tried jointly to prevent multiplicity of proceedings, citing precedents like Carlsberg Breweries A/S.
Agarwal Deokinandan Gopiram v.Jagdamba Textiles Pvt Ltd
The petitioner, an owner of a patent related to a specialized fabric dyeing machine, challenged the respondent's use of similar technology. The court examined the technical specifications of the patented machine and found that the applicant had established a strong prima facie case for patent violation.
Meena Prints Pvt. Ltd. v.Vahini Enterprises And Anr.
The plaintiff, Meena Prints Pvt. Ltd., filed a suit against Vahini Enterprises and others alleging infringement of its registered trade mark 'Meena Prints' (Reg. No. 967504) and copyright in the mark. The court granted permanent injunctions restraining the defendants from infringing or passing off goods using similar marks.
Meena Prints Pvt. Ltd. v.Sri Sai Bhavani Handloom House and others
The petitioner, Meena Prints Pvt. Ltd., filed a commercial IP suit against Sri Sai Bhavani Handloom House and others alleging passing off of its registered trademark "Meena Prints". The court granted a temporary order restraining the defendants from using deceptively similar marks like "Meera Prints" pending the final hearing.
Meena Prints Pvt. Ltd. v.Tata Kumar Swamy and Anr.
The petitioner, Meena Prints Pvt. Ltd., filed a suit against the respondents alleging infringement and passing off related to its registered trade mark 'Meena Prints' and copyright in its artistic work. The court granted permanent injunctions restraining the defendants from using deceptively similar marks and ordered them to pay damages/costs.
Meena Prints Pvt. Ltd. v.Shri Ajanta Fabrics And 9 Others
The petitioner filed an IP suit against the respondents alleging infringement and passing off related to their registered trademarks ('Meena Prints' and 'Cotton Design') and associated copyrights used in textile goods. The court granted permanent injunctions restraining the defendants from using similar marks and ordered them to pay damages.
Meena Prints Pvt. Ltd. v.Shri Ajanta Fabrics And 9 Others
The petitioner, Meena Prints Pvt. Ltd., filed an IP suit against Shri Ajanta Fabrics and others for infringement and passing off related to its registered trademarks ('Meena Prints' and 'Cotton Design') and associated copyrights. The court granted permanent injunctions restraining the defendants from using similar marks in relation to textile goods.
Mohammed Mohideen (representing M/s.Kalanjiyam Cut Piece) v.M/S.New Kalanjiyam Readymade
The Madras High Court dismissed the interim injunction applications filed by M/s.Kalanjiyam Cut Piece against M/S.New Kalanjiyam Readymade, despite allegations of trademark infringement and passing off. The court noted a significant delay in filing the suit after receiving cease and desist notices from the defendant. Consequently, the judge found it inappropriate to grant an interim injunction at that stage, allowing the main suit to proceed for trial.
T.K. Shawal Industries Pvt. Ltd. v.Controller Of Patents And Designs & Ors.
T.K. Shawal Industries Pvt. Ltd. challenged the registration of Design No. 252082, arguing that the scarf's surface pattern lacked originality and was anticipated by prior knowledge or publication. The court examined evidence regarding prior sales invoices and Wikipedia documents but found no cogent proof of novelty infringement. While dismissing the cancellation petition, the High Court noted an apparent clerical error in the certificate of registration date and directed the Controller to make the necessary correction.
M/s Kay Cee Exports v.Nentex Woollens
The petitioner filed a civil revision challenging an order that dismissed the defendant's application for rejection of the plaint. The defendant argued that the court lacked jurisdiction as the suit was barred under the Copyright Act, Design Act, and Patents Act. The High Court found no relief under these Acts was explicitly claimed in the plaint, thus upholding the lower court's orders.
M/s.Simco Thread Mills v.The Controller General of Patents, Trademarks, Geographical Indications, Designs
The Madras High Court addressed a writ petition filed by M/s.Simco Thread Mills regarding the delay in processing its application for a change of constitution related to its registered trademark, SIMCO (label). The court directed the relevant Trademark Registry officials to process Forms TM-24, TM-33, and TM-34 pertaining to the trademark expeditiously, ensuring compliance with legal procedures. This ruling provides relief by mandating timely administrative action from the IP authorities.
R.G. Oswal Hosiery Industries v.Union Of India & Ors.
The Delhi High Court dismissed a challenge by R.G. Oswal Hosiery Industries against an IPAB order that allowed rectification of its trademarks, DOLLOR (Nos. 249986 and 291763). The court held that the subsequent renewals were vitiated because they were filed by M/s. Kedia Knitwear, a mere licensee, who falsely represented themselves as the registered proprietor. This established a strict requirement under the Trade Marks Rules that only the registered owner can apply for renewal.
J & P Coats Ltd. v.New Green Ways
J & P Coats Ltd. filed a suit for permanent injunction and account of profit against New Green Ways, alleging that the defendants were manufacturing and marketing stitch kits and tatting materials under the trade mark ANCHOR in connection with goods unrelated to the plaintiffs' business. The court found that the defendants were wrongfully selling and passing off goods as those of the plaintiffs.
Microfibres Inc v.Girdhar And Co. And Ors.
Microfibres Inc sued Girdhar And Co. for alleged infringement of its copyrighted artistic works on upholstery fabrics and for passing off. The defendants argued that these features were merely textile designs, not protected artistic works, and thus required registration under the Designs Act.
Needle Industries (India) Limited v.Sanjay Jaiswal And Ors.
The Madras High Court ruled in favor of Needle Industries, upholding an injunction against the defendants for passing off. The court found that despite the defendant obtaining a trademark registration for 'Pony' in the class of sewing threads (Class 23), this registration did not grant immunity from a passing-off action. Given that needles and sewing threads are cognate goods sold through the same trade channels, the use of the plaintiff's well-known mark by the defendants was deemed to cause near-certain confusion and ride on the established goodwill.
Ramu Hosieries v.Ramu Hosieries
This Madras High Court judgment addressed a dispute over trademark infringement involving 'Ramu' hosiery. The core legal questions were whether advertising the disputed mark constituted infringement and if the cause of action arose within the court's jurisdiction, despite the goods not being marketed locally. The court affirmed that advertisement itself can be an act of infringement, and crucially, established that for a trade mark registered in Madras, the situs of the property is at Madras, thereby establishing territorial jurisdiction even without local marketing.
Reliance Industries Ltd. v.Anand Traders And Others
Reliance Industries Ltd. challenged the Assistant Registrar's order which dismissed its opposition against Anand Traders' application for the label mark 'SONAL'. The petitioner argued that 'SONAL' was deceptively similar to their registered trade mark 'VIMAL', leading to potential confusion among consumers of textile goods.
Franz Xaver Huemer v.New Yash Engineers
This Delhi High Court judgment addressed the critical issue of whether a foreign patent holder, who had not commercially exploited their registered patents in India for many years, could successfully seek temporary injunctions against alleged infringers. The plaintiff, Franz Xaver Huemer, sought to restrain New Yash Engineers from manufacturing and selling infringing textile machinery. However, the court found that the plaintiff failed to establish a strong prima facie case or demonstrate that the balance of convenience favored his claim, leading to the dismissal of his appeal.
Franz Zaver Huemer v.New Yesh Engineers
The plaintiff, a registered proprietor of several loom-related patents, filed a suit seeking permanent and interim injunction against New Yesh Engineers for alleged infringement. The defendant countered that the suit was malicious, citing evidence of prior use of similar technology in India since 1992, and argued that the plaintiff's patent was invalid under Section 64 of the Patents Act.
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