IP Cases — 2013
83 decisions across all jurisdictions
Page 3 of 3 · 83 total
United Breweries Ltd v.Khodays Breweries Limited Industries Ltd
United Breweries Ltd appealed a trial court judgment that dismissed its suit seeking permanent and mandatory injunction against Khodays Breweries Limited. The suit alleged infringement and passing off based on the use of 'Hercules Black Label' by the respondent, which was deemed deceptively similar to the appellant's registered trade mark 'Kalyani Black Label'. The High Court ultimately dismissed the appeal, affirming the trial court's decision.
Ramesh Sippy v.Shaan Ranjeet Uttamsingh and others (Defendant Nos. 1 to 9)
Ramesh Sippy filed a suit claiming to be the author and first owner of the copyright and Author's Special Rights in the film 'Sholay' and related films. He sought a temporary injunction against defendants who were dealing with or disposing of rights related to 'Sholay', including its 3D version. The court ultimately denied the ad-interim relief, finding that the Plaintiff failed to make out a prima facie case.
Novartis Ag v.Union Of India & Ors
This landmark Supreme Court judgment addressed the critical interplay between Section 3(d) of the Patents Act, 1970, and the definition of 'invention.' The case centered on Novartis's claim for a patent covering the beta crystalline form of Imatinib Mesylate (marketed as Glivec/Gleevec), a life-saving drug. The Court was tasked with balancing the need to encourage pharmaceutical research and development against India’s commitment to ensuring affordable access to essential medicines, particularly in developing nations.
Levi Strauss & Company v.Shivani Label
Levi Strauss & Company filed a suit against Shivani Label alleging clandestine manufacturing and supply of apparel under deceptively similar marks, including LEVI'S. The court found the plaintiff's claims substantiated by un-rebutted testimony and documents.
Levi Strauss & Company v.Prateek Trading Co.
Levi Strauss & Company filed a suit against Prateek Trading Co. alleging clandestine manufacturing and supply of apparel under deceptively similar marks, including LEVI'S. The court found the plaintiff's case to be true based on un-rebutted testimony and documents.
Vittal Mallya Scientific Research Foundation v.Indus Biotech Private Limited
Vittal Mallya Scientific Research filed a civil suit seeking permanent injunctions against Indus Biotech Private Limited for manufacturing and selling products (soluble double metal salt of HCA and anti obesity beverages) in violation of several process patents. The plaintiff subsequently moved to withdraw the suit as 'not pressed', which the court accepted, dismissing the case.
Tata Sons Ltd. v.Arno Palmen
The Delhi High Court ruled in favor of Tata Sons Ltd., finding that the defendant's registration of the domain name www.tatainfotech.in constituted trademark infringement and bad faith. The court noted that the plaintiff had prior rights over the associated brand, TATA INFOTECH, and found conclusive evidence demonstrating the defendant registered the domain solely to exploit the plaintiffs' reputation. Consequently, the court granted a permanent injunction against the use of the infringing domain name and ordered its cancellation.
Rajnarayan Dwivedi v.Girish
The petitioner challenged a trial court order that affirmed an injunction granted in favor of the respondents/plaintiffs. The dispute centered on the similarity between the respondents' brands ('Rashtriya Khajuraho Griha Udyog' and 'Calash Chhap Tobacco - Lalluwali') and the petitioner's brand ('Rashtrapriya Khajuraho Tambakhu Griha Udyog').
Sugen Inc. v.A. Rao & Anr.
The plaintiffs sued for injunction against infringement of Indian Patent No.209251, which covered the drug SUTENT. Although the Supreme Court initially set aside a revocation order, the Assistant Controller subsequently revoked the patent again. The court ultimately held that since the patent was revoked, the basis for the interim injunction disappeared, and the plaintiffs' application for continued relief was dismissed.
Reckitt Benkiser India Ltd v.Wyeth Ltd.
This Delhi High Court judgment addresses complex issues surrounding design rights under the Designs Act, 2000. The court specifically examined whether a design registered in a Paris Convention country can serve as grounds for cancelling an Indian-registered design. A key focus was defining 'prior publication,' clarifying that mere existence of a design in a foreign public record is not automatically sufficient; it must possess complete clarity to be understood by the eye of the mind regarding its application to a specific article. The court directed further proceedings to determine the factual merits.
Bharatbhai Khushalbhai Patel Trading as Harikrishna Industries v.Delux Bearing Limited
The Gujarat High Court set aside an Intellectual Property Appellate Board (IPAB) order that had removed the petitioner's trademark, 'SUPER DELUX BEARING,' from the register. The court found that the IPAB failed to adhere to principles of natural justice by raising and deciding the issue of genericness without providing the petitioner a proper opportunity to defend their mark. Consequently, the matter was remanded back to the lower authority for a fresh hearing.
Microsoft Corporation v.Mr. Ganesh Wakode
Microsoft Corporation filed a lawsuit against Mr. Ganesh Wakode alleging widespread infringement of its copyrighted software titles, including various versions of Microsoft Windows and MS Office. Investigations revealed that the defendants' offices were running numerous computer systems with significant quantities of unlicensed/pirated software installations. The court ultimately ruled in favor of Microsoft, granting permanent injunctions, substantial compensatory damages, and punitive damages to deter future piracy.
Unimed Technologies Ltd. v.M/s Eyekare Kilitch Ltd.
The Madras High Court dismissed Original Side Appeals filed by Unimed Technologies Ltd. and Sun Pharmaceutical Industries Limited against a prior order dismissing their injunction application. The court found that the mark 'TOBA', being derived from the generic chemical term Tobramycin, was publici juris. Furthermore, the court noted factual dissimilarities in color schemes and symbols between the products, concluding there was no prima facie case of passing off or consumer confusion, especially since both drugs are sold under prescription by specialized physicians.
M/S. Hindustan Pencils Ltd. v.Gautam Industries & Anr
The Delhi High Court ruled in favor of M/S. Hindustan Pencils Ltd., granting a permanent injunction against Gautam Industries & Anr for infringing on their intellectual property rights. The court found that the defendant had dishonestly copied the distinctive color scheme, artistic design, and slogans used on the plaintiff's NATARAJ product packaging. This judgment affirms protection not only for registered trademarks but also for the original artistic work embodied in trade dress/packaging under copyright law, preventing passing off.
Microsoft Coporation And Anr. v.Mr. Sanjay Langar And Anr.
Microsoft Corporation filed a suit seeking permanent injunction against defendants for infringing its copyrights in various software programs, specifically alleging unauthorized 'Hard-Disk Loading' onto computers sold by the defendants. The plaintiffs demonstrated that the installed software lacked genuine Certificates of Authenticity and End-User License Agreements. Given the evidence presented and the defendant's failure to appear in court, the Delhi High Court decreed the suit in favor of Microsoft Corporation.
Macleods Pharmaceuticals Ltd. v.Procare Laboratories Pvt. Ltd.
The Delhi High Court ruled in favor of Macleods Pharmaceuticals, finding that Procare Laboratories was engaging in passing off by using the name 'Procare' as part of its corporate identity. The court emphasized that for a passing-off action, trademark registration is not essential; rather, prior use and established goodwill are key. Given the defendant's deliberate absence from court proceedings, the court also awarded punitive damages to deter dishonest conduct.
M/s.Flsmidth Pvt.Ltd. v.M/s.Secan Invescast (India) Pvt.Ltd.
M/s. Flsmidth Pvt.Ltd. filed an appeal seeking to enforce a Non-Disclosure Agreement (NDA) against M/s. Secan Invescast (India) Pvt.Ltd., alleging that the respondent violated trade secrets by approaching Flsmidth's customers and using proprietary technical knowhow. The appellant claimed significant loss of sales due to this breach. However, the Madras High Court dismissed the appeal, finding that the appellant failed to establish a prima facie case for injunction after the agreement expired and noting that damages remained an available remedy.
Hindustan Uniliver Limited v.Sree Annapoorna Foods
This Madras High Court judgment addressed an appeal challenging the dismissal of a petition seeking to reject a civil suit on grounds of re-litigation. The respondents, Sree Annapoorna Foods, sued Hindustan Unilever Limited over alleged trademark infringement concerning 'Annapoorna' and 'Annapurna'. The appellant argued that the claim was barred by prior litigation and relinquishment of rights. However, the court found that since the cause of action for the second suit arose from subsequent events not covered in the earlier plaint, the suit could not be rejected at the initial stage.
The Institute Of Company Secretaries Of India v.Mangalore Institute Of Fire and Safety Engineering
The Institute of Company Secretaries of India (Petitioner) sought to quash a prospectus and direct respondents from imparting an MBA in Company Secretaryship course because they were using the trade mark 'CS', which the Petitioner claimed was protected under Section 15-B of the Company Secretaries Act, 1980. The Court clarified that while respondents could impart similar courses, they must not use the specific trademark 'CS' to save the petitioner's logo and patent.
Umesh Kumar Gupta And Another v.M/S Shree Girraj Food Products
The Allahabad High Court dismissed a revision filed by M/S Shree Girraj Food Products, which sought to stay an ongoing trademark infringement suit. The defendants argued that their application for rectification (cancellation) of the plaintiff's 'Chacha Chaudhary' trademark was pending before the Appellate Board. However, the court ruled that Section 124 of the Trade Marks Act is inapplicable because the original suit was not for trademark infringement but rather a suit for injunction based on passing off. Consequently, the stay could not be granted.
Bajaj Holdings & Investments Ltd. v.Assessee
The appeal challenged the assessment order upholding that payments made by Bajaj Holdings & Investments Ltd. to Xennia Technology Ltd. for developing inkjet printers and inks were royalty/fees for technical services, subject to TDS at 15%. The Tribunal examined the agreement and found it involved technology transfer and IP ownership rights, thus confirming the payment was not merely a purchase of machinery.
Just Lifestyle Pvt. Ltd. v.Advance Magazine Publishers Inc.
This case involved a dispute over the use of the trade mark 'VOGUE' by Just Lifestyle Pvt. Ltd., which was accused of infringement and passing off by Advance Magazine Publishers Inc. The core legal battle revolved around whether the court had territorial jurisdiction to hear the suit, particularly after the appellant changed its name and corporate structure. The Delhi High Court ultimately ruled against the respondents' attempt to amend the plaint, finding that the jurisdictional issue must be determined based on the date the suit was originally filed.
Weider Publications, Llc & Anr. v.Shri Pushpendra Srivastav & Anr.
The Delhi High Court ruled in favor of Weider Publications, LLC, finding the defendants guilty of infringing both copyright and trademark rights related to the 'Muscle & Fitness' magazine. The court found that the defendants were not only using a deceptively similar title ('Muscles & Fitness') but also blatantly copying the content, layout, and get-up of the plaintiffs' internationally acclaimed publication. Given the defendants' failure to appear in court despite being served notice, the court emphasized the need for punitive damages to deter unscrupulous infringement, awarding Rs. 5 lakhs.
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