Year

IP Cases — 2003

34 decisions across all jurisdictions

By jurisdiction: India 34 European UPC 0 US PTAB 0
By type: trademark 25 patent 5 copyright 3 design 1

Page 2 of 2 · 34 total

patent plaintiff favorable · Feb 10, 2003

Pidilite Industries Ltd. v.S.M. Associates And Ors.

Bombay High Court · 81192

The Bombay High Court ruled in favor of Pidilite Industries Ltd., granting an injunction against the defendants for infringing its registered trademark 'M-Seal' and copyright. Despite the defense arguing that the assignment deed excluded the rights related to the stylized mark, the court found that the defendant was fully aware of the plaintiff's established rights. The judgment confirms the initial ad-interim order, restricting the infringement injunction to specific parts of the packaging.

patent defendant favorable · Feb 6, 2003

Exphar Sa And Ors. v.Bharat Shah And Anr.

Delhi High Court · 1229431

This appeal involved disputes concerning the trademark MALOXINE and associated copyright in its carton design. The plaintiffs, a Belgian-based company, sought permanent prohibitory injunctions against the defendants for passing off and infringement. However, the Delhi High Court ultimately ruled that it lacked the necessary territorial jurisdiction to entertain the suit or grant an interim injunction, as the plaintiff did not reside or carry on business within India.

trademark defendant favorable · Jan 29, 2003

Heineken Brouwerijen B.V. v.Som Distilleries & Breweries Ltd.

Delhi High Court · 151835

The Delhi High Court dismissed Heineken's application for an interim injunction against Som Distilleries & Breweries Ltd. regarding alleged trademark infringement of its green label. The court found that the two labels were distinguishable, noting differences in shape, color banding, and text layout. Furthermore, the court observed that Heineken's product was primarily marketed only in duty-free shops and star hotels, limiting the likelihood of deception among the general public, thus favoring the defendant.

trademark mixed · Jan 1, 2003

Icc Development (International) Ltd. v.Ever Green Service Station And Anr.

Delhi High Court · 882835

ICC Development (International) Ltd. filed a suit seeking an injunction against Ever Green Service Station and others, alleging that they were misappropriating the commercial identity and intellectual property of the 'ICC Cricket World Cup South Africa 2003'. The plaintiff claimed exclusive rights over the event's trade name, logo, and associated publicity value. However, the court found that the defendants had paid for travel packages through authorized agents, leading to a mixed outcome where the initial injunction was modified to restrict only the use of the specific Zebra-striped logo.

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