IP Cases — 2011
102 decisions across all jurisdictions
Page 1 of 4 · 102 total
M/S Abhipra Capital Ltd. v.Abhipray Securities Private Limited & Ors.
The Delhi High Court confirmed an existing interim injunction, ruling in favor of M/S Abhipra Capital Ltd. against Abhipray Securities Private Limited and others. The court found that the plaintiff had established a strong prima facie case for trademark infringement and passing off due to the deceptive similarity between 'ABHIPRA' and 'ABHIPRAY'. Despite the defendants arguing lack of jurisdiction or non-similarity, the court upheld the injunction, emphasizing that confusion in business warrants protection even if adopted innocently.
Miss.Kajal Aggarwal v.The Managing Director, M/s.V.V.D. & Sons P.Ltd.
The actress, Miss. Kajal Aggarwal (Appellant), filed an appeal against the refusal to grant interim injunction, alleging that the Respondent used her image and profile for promoting their hair oil and coconut oil products after the one-year endorsement agreement expired. The court ruled in favor of the appellant, holding that the right to use the actress's profile is limited by the contract duration, thus granting the injunction.
Carlsberg India Pvt. Ltd. v.Radico Khaitan Ltd.
The Delhi High Court addressed a dispute between Carlsberg and Radico Khaitan regarding the use of the numeral '8' in their respective alcoholic beverage trademarks. Radico claimed infringement and passing off, arguing that Carlsberg's use of 'PALONE 8' was confusingly similar to its registered mark '8 PM'. However, the Court ultimately ruled in favor of Carlsberg, finding no prima facie evidence of consumer confusion or actionable similarity between the two labels. The court emphasized that mere use of a common numeral or color combination is insufficient for an injunction.
M/S Godrej Sara Lee Ltd. v.Union Of India & Ors.
The petitioner challenged a tender requirement stipulating that all participants must obtain Transfer of Technology (TOT) from DRDO to supply DEPA 20% Spray and DEPA 50% lotion. The Division Bench upheld this condition, finding that the petitioner's formulation was distinct from the DRDO technology. The review petition sought to overturn this decision.
M/S Metal Impacts Pvt Ltd v.M/S Impact Metals Pvt Ltd
The dispute involved a registered design for easy open end lids used in aluminum containers. The defendant challenged the registration, arguing that the design was not new or original, had been publicly disclosed globally long before the filing date, and was based on an invention by Mr. Ermal Fraze. The court found that the plaintiff suppressed material facts regarding the global prior art and lack of novelty/originality.
Sri Rajesh Kumar Banka v.The Union Of India & Ors.
The petitioner challenged an Intellectual Property Appellate Board (IPAB) order that revoked a patent granted to him. The sixth respondent sought revocation under Section 64 of the Patents Act, 1970, alleging lack of novelty based on prior art. The High Court admitted the petition but declined to grant any interim stay.
M/S S M K A Enterprises v.M/S Suchita Industries
The Karnataka High Court ruled in favor of M/S S M K A Enterprises, granting a permanent injunction against M/S Suchita Industries for infringing the plaintiff's registered trademark 'Tiny Care'. The court found that the defendant's use of similar marks and products was deceptive, causing confusion among consumers. This decision reinforces the importance of protecting established brand goodwill in the competitive FMCG market.
Unknown v.S.K.Maingi
The plaintiffs filed a suit seeking permanent injunction and damages against the defendant for infringing Indian Patent No.196774, which covers Erlotinib Hydrochloride. The core legal issue before the Madras High Court was whether it had the necessary territorial jurisdiction to try the infringement case, given that the plaintiff was not a resident of Delhi and the alleged sales were isolated.
Natural Remedies Private Limited v.Indian Herbs Research & Supply Co Ltd
The plaintiff, Natural Remedies Pvt Ltd, filed a suit seeking permanent injunction against the defendants for manufacturing and selling 'Livoliv-250', alleging infringement of their protected Patent No. 186857 for 'A method of preparing a Herbal Hepatoprotective and Antihepatotoxic Composition' (Zigbir). The court found that the defendants did not follow the same patented process, and furthermore, the invention lacked an inventive step, leading to the patent being revoked.
Daystar Television Network Pvt Ltd. v.Word Of God Fellowship Inc./d/b/a/Daystar Television Network
Daystar Television Network Pvt Ltd. challenged Word Of God Fellowship Inc., claiming infringement and passing off related to its registered trademark 'DAYSTAR TELEVISION NETWORK'. The appellant sought permanent injunctions against downlinking, distribution, and use of the mark in India. However, the Madras High Court dismissed the appeals, finding that the respondent was honestly using their pre-existing global business name. Furthermore, the court held that since the program was originally designed by the respondent, they retained original ownership rights, preventing restrictions on their usage.
Matrix Laboratories Limited v.F.Hoffman La Roche Ltd.
This appeal involved Matrix Laboratories Limited challenging an order that granted leave to sue regarding alleged infringement of Patent No. 196774, which covers Erlotinib Hydrochloride. The core dispute centered on whether the appellant's filing of a revocation petition before the IPA Board in Chennai created sufficient territorial jurisdiction for the Madras High Court to hear the suit. The court ultimately ruled that merely approaching the IPA Board does not automatically confer cause of action or jurisdiction, especially when the appellant's primary operations are elsewhere.
Kwality Biscuits Pvt. Ltd. v.Asst. Commissioner of Income-tax Circle-11(5), Bangalore
Kwality Biscuits Pvt. Ltd. transferred its intellectual property rights (trade marks, designs, and copyrights) related to 'Kwality' biscuits to M/s.Britania Industries Ltd. for ₹30 crores. The Assessing Officer taxed this receipt as long-term capital gains, arguing that the transfer included the right to manufacture. The Tribunal ultimately held that the right to market was distinct from the right to manufacture.
Lg Electronics India Pvt. Ltd. v.Bharat Bhogilal Patel & Others
LG Electronics filed a suit challenging actions taken by Customs officials (Defendants No. 2 and 3) who were restricting the clearance of its goods based on a patent infringement complaint filed by Defendant No. 1. The plaintiff argued that the impugned patent lacked novelty and inventive step, and that Customs action was contrary to government circulars regarding border measures for patents.
Maharashtra Hybrid Seeds Co. Ltd v.Uoi And Aors
The petitioner challenged an order directing the Registry to furnish certified copies of its plant variety registration applications to a competitor (Respondent No. 3) upon request under Form PV-33. The petitioner argued that the application contained confidential information and disclosure would harm its competitive position. The court dismissed the petition, holding that the provisions of the Act mandate public disclosure of such documents.
Malhotra Book Depot v.Union Of India & Ors
The Delhi High Court ruled in favor of Malhotra Book Depot, mandating the Union of India to restore and renew its trademark registration. The court found that the removal of the mark was illegal because the Registrar failed to issue the mandatory 'O-3' notice required under Rule 67 of the Trade & Merchandise Marks Rules, 1959. Furthermore, the court held that restoration should not be viewed as a penal measure and that procedural lapses by the government do not bar the petitioner's right to renewal.
M/s.Ajuba Solutions (India) Private Limited v.Mastech Corporation And 2 Others
M/s.Ajuba Solutions (India) Private Limited filed several applications seeking temporary injunctions against Mastech Corporation and others for alleged infringement of copyright, business interference, defamation, and inducement of clients and employees. The court dismissed all the applications, finding that the plaintiff failed to establish a prima facie case or irreparable loss, noting that damages were already claimed.
Federation Of Industries Of India v.Mr. G. Kesavalu Naidu @ Kesavan
The plaintiffs, representing manufacturers of steel pipes, filed a suit against the defendants who had obtained copyright registrations for drawings of these pipes. The plaintiffs alleged that the defendants were using these registrations to threaten and extract money from them. The court ultimately ruled that no valid copyright subsisted in the mere concept or idea of the pipe drawing.
Alaknanda Cement Private Limited & Raghav Cement v.Ultratech Cement Limited
The Bombay High Court dismissed the appeal filed by Alaknanda Cement and Raghav Cement, upholding the single judge's order granting a temporary injunction to Ultratech Cement Limited. The court found that the defendant's mark, 'ULTRATUFF CEMENT,' was deceptively similar to the plaintiff's registered trademark, 'ULTRATECH CEMENT.' Furthermore, the defendants were deemed not to have approached the court with clean hands due to presenting prima facie fabricated invoices.
Rohit Khattar & Anr. v.Cookie Singh
The Delhi High Court ruled in favor of the plaintiffs, Rohit Khattar & Anr., finding that the defendant's use of 'CHOR BIZZARE' constituted trademark infringement and passing off against their established brand, CHOR BIZARRE. The court noted that despite a mere misspelling, the similarity was sufficient to create confusion among consumers regarding the origin of the restaurant services. Consequently, the plaintiffs were granted permanent injunctions and awarded damages.
Super Cassettes Industries Limited v.Mr Chintamani Rao & Ors.
Super Cassettes Industries Limited and Yashraj Films Private Limited filed suits alleging that India TV (represented by Mr Chintamani Rao & Ors.) had unauthorizedly broadcasted and exploited their copyrighted cinematographic films and sound recordings. The plaintiffs sought permanent injunctions to restrain the defendants from further infringement.
M/s.Cholayil Private Limited v.Uni-Sole Pvt. Ltd.
The Madras High Court dismissed the plaintiff's applications seeking an ad-interim injunction against alleged infringement and passing off. The court found that the defendant's mark, 'Herbal,' was not phonetically similar to the plaintiff's registered trademark, 'Medimix.' Furthermore, despite the plaintiff claiming long usage, the court noted that the artistic work relied upon was only assigned in 2008, undermining the claim of continuous use since 1969. Ultimately, the court concluded there were more dissimilarities than similarities, finding no likelihood of deception among ordinary purchasers.
M/s.Nakoda Dairy (P) Ltd. v.M/s.Kewal Chand Vinod Kumar
Nakoda Dairy (P) Ltd., the registered owner of the trade mark 'NAKODA' for milk products, filed appeals challenging the dismissal of its applications for temporary injunction. The Respondents argued that they were prior and long-term users of the mark since 1978, and that the Plaintiff failed to establish a prima facie case.
Ten Xc Wireless Inc v.Mobi Antenna Technologies (Shenzhen)
Ten Xc Wireless Inc filed two suits seeking permanent injunctions and damages against various defendants, alleging infringement of its registered patent (IN 240893) related to 'Asymmetrical Beams for Spectrum Efficiency' used in Bi-Sector Array Antennas. The core dispute revolves around the use of asymmetric beam patterns in wireless communication systems. Although the plaintiffs sought interim injunctions, the court deferred a decision on costs because the defendants had raised credible challenges regarding the patent's validity, which must be examined during the trial.
Puma Aktiengesellschaft Rudolf Dassler Sport v.Bhatia Time
The Delhi High Court granted interim relief in favor of Puma Aktiengesellschaft Rudolf Dassler Sport against Bhatia Time, who was selling products bearing the disputed 'PUMA' trademark. The court found that a prima facie case for passing off and trademark infringement had been made out by the plaintiff. Consequently, the court issued an immediate injunction restraining the defendant from using the mark and appointed a Local Commissioner to seize all infringing goods, packaging materials, and relevant business records.
Levi Strauss & Company v.Nizami Garments
The Delhi High Court granted interim relief in favor of Levi Strauss & Company against Nizami Garments in a trademark infringement suit. The court found that the plaintiff had made out a prima facie case regarding the deceptive similarity of the defendant's use of 'Levi's' marks on apparel. Consequently, the existing order denying an injunction was set aside, and a Local Commissioner was appointed to seize all infringing goods and relevant business records from the defendant's premises.
Madhu Product v.Sundaram Files
Madhu Product, a manufacturer and seller of stationery goods since 1978, holds a registered trademark 'NANDI'. The petitioner filed a suit seeking perpetual injunction against the respondents for infringement of this trade mark. The writ petitions were filed challenging the trial court's refusal to grant an ex parte ad interim order.
Glaverbel S.A. v.Dave Rose & Ors.
This case involves Glaverbel S.A., which filed a suit alleging infringement of its patented 'Mirox New Generation Ecological Mirrors' (MNGE mirrors). The plaintiff sought permission to introduce an amended version of Patent No. 190380, which had been allowed in a previous related suit. However, the court ruled against this request, emphasizing that while the amendment might be clarificatory, it cannot be relied upon in the current litigation unless formally recorded and notified by the Patent Office, as the pleadings in the present case relate only to the unamended patent.
M/S Marvel Tea Estate India Ltd. v.P.M. Batra (Prop) M/S Gurukripa Traders
The Delhi High Court granted an interim injunction favoring M/S Marvel Tea Estate India Ltd. against P.M. Batra (Prop) M/S Gurukripa Traders, finding that the defendant's use of 'MARVEL TOUCH' was likely to cause confusion and constitute trademark infringement and passing off. The court recognized the extensive goodwill and reputation built by the plaintiff under its registered mark 'MARVEL' in Class-30 goods like tea and spices. This ruling underscores the protection afforded to established brands against deceptively similar marks, even during preliminary proceedings.
Bhole Baba Milk Food Industries Ltd. v.Parul Food Specialities Pvt. Ltd.
The Delhi High Court addressed an appeal concerning the use of the trademark 'KRISHNA' in dairy products. The court ruled that a common word, even if associated with a deity like Lord Krishna (who is linked to milk and butter), cannot be monopolized by a single entity. Furthermore, the court held that when a defendant uses a disputed mark prefixed by other words ('PARUL'S LORD KRISHNA'), confusion regarding the source of goods is unlikely, provided those prefix words are given equal prominence as the core trademark. The appeal was dismissed, affirming the interim relief granted to the respondent.
The Indian Express Limited v.Express Publications Madurai Limited & Ors
The Delhi High Court addressed a trademark infringement suit filed by The Indian Express Limited against Express Publications Madurai Limited. While the plaintiff alleged that the defendants' use of 'The New Indian Express Group' constituted illegal infringement and passing off, the court found no valid ground to grant an injunction. However, to prevent consumer confusion, the court imposed a condition requiring the defendants to append 'Madurai' and their place of publication when using the expression outside the territories permitted by prior agreements.
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