IP Cases — 2015
129 decisions across all jurisdictions
Page 1 of 5 · 129 total
Jasper Infotech Pvt Ltd v.Deepak Anand & Ors
Jasper Infotech Pvt Ltd filed an application seeking to amend its plaint in a passing off/disparagement suit against Deepak Anand & Ors. The plaintiff sought to enhance the valuation of the suit from Rs.21,00,800/- to Rs.2,00,00,800/- based on reassessed damages and goodwill attached to its brand 'Snapdeal'. The Delhi High Court allowed the amendment, emphasizing that courts should examine such applications from a commercial angle, provided a valid case for amendment is made out.
Societe Des Products Nestle, S.A. v.Essar Industries
This Delhi High Court judgment addresses an application filed by Nestle (Plaintiffs) seeking to amend their plaint to enhance the suit's pecuniary valuation. The plaintiffs, who had initially valued their passing off suit at a lower amount, sought to reflect the actual high market value of their intellectual property rights. The court allowed the amendment, emphasizing that courts should adopt a commercial angle when considering such applications, provided a valid case for correction is made out.
Societe Des Products Nestle, S.A. v.Essar Industries
This Delhi High Court judgment addresses an application filed by Nestle (the plaintiff) seeking to amend its plaint to enhance the valuation of a commercial dispute. The suit, originally concerning passing off, was valued low, but due to re-assessment of potential damages and profits, the plaintiffs sought to increase the value significantly. The court ultimately allowed the amendment, emphasizing that courts should adopt a commercial angle when considering such applications, provided a valid case for amendment is made out.
Cadila Healthcare Limited v.Micro Labs Limited
The Gujarat High Court addressed an appeal concerning a suit filed under Section 142 of the Trademark Act. While addressing procedural matters, the court granted ad-interim relief in favor of the appellant (Cadila Healthcare Limited). This interim order mandates that the respondent (Micro Labs Limited) must provide at least one week's prior written notice before initiating any legal proceedings related to the dispute against the appellant.
M/S Entertainment Network India Ltd. v.Mr.Jonathan Brady & Anr.
In a significant development for trademark disputes, the Delhi High Court allowed a suit to be settled out of court. M/S Entertainment Network India Ltd. successfully convinced the court to enforce an agreement with Defendant No. 1, Mr. Jonathan Brady. The settlement confirmed that 'ULTA PULTA' is the intellectual property of the plaintiff and resulted in the decreeing of the original suit based on the agreed-upon terms.
Sh. P.C. Roy and Smt. Samita Roy v.The Secretary, Ministry of Defence, Government of India; The General Manager, Ordnance Factory, Ministry of Defence, Government of India; M/s S & S Chemical Works
The plaintiffs, who developed a Thermo Reactive Plastic foam Resin based on phenol formaldehyde compositions, sued the Ministry of Defence and M/s S & S Chemical Works for violating their trade secrets. The plaintiffs alleged that the defendants leaked this confidential information to defendant no. 3, allowing it to manufacture similar goods. The court found that the plaintiffs successfully proved the leakage of trade secrets but failed to prove the issue regarding rendition of accounts.
Ctr Manufacturing Industries Ltd. v.Sergi Transformer Explosion Prevention Technologies Pvt. Ltd. and Ors.
Ctr Manufacturing Industries Ltd. filed a suit for injunction alleging that Sergi Transformer Explosion Prevention Technologies Pvt. Ltd. was infringing its patent. The Supreme Court reviewed the matter, noting that while the Single Judge found infringement, the Division Bench had stayed the order due to pending objections under Section 25(2) of the Patents Act. The Supreme Court disposed of the appeals by directing parties to continue being governed by an earlier court order.
Eicher Motors Limited v.Saurabh Katar And Others
Eicher Motors Limited filed an application seeking to amend its plaint in a trademark infringement suit against Saurabh Katar and others. The plaintiff sought to significantly enhance the claimed damages from Rs. 21 lakhs to Rs. 1 crore, citing fresh listings of counterfeit products found on the defendants' website. The Delhi High Court allowed the amendment, noting that it did not alter the nature of the suit and was supported by cogent material available during the pendency of the litigation.
Shogun Organics Ltd v.Gaur Hari Guchhait & Ors
Shogun Organics Ltd filed a suit seeking permanent injunction against the infringement of its patent No. 236630, which covers the product D-TRANS ALLETHRIN. The plaintiff sought to amend the plaint to enhance the valuation of the suit due to market evidence showing widespread infringement by the defendants. Given that the defendants had challenged the validity and filed a revocation counter-claim, the court allowed the amendment, thereby enabling the continuation of the litigation.
Shogun Organics Ltd v.Bharat Rasayan Ltd & Anr.
Shogun Organics Ltd filed a suit against Bharat Rasayan Ltd alleging infringement of Patent No. 225306 concerning the product TRANSFLUTHRIN. The plaintiff sought to amend the plaint, primarily to enhance the valuation for court fee and jurisdiction, citing market evidence of widespread infringement by the defendants. Given that the defendants had already challenged the patent's validity through a revocation counter-claim, the Delhi High Court allowed the amendment, thereby enabling the suit to proceed with enhanced claims.
Jiva Institute Of Vedic Science & Culture v.The Indian Hotels Company Limited
This case involves a dispute over the trademark 'JIVA' between Jiva Institute Of Vedic Science & Culture and The Indian Hotels Company Limited. The plaintiffs filed suit for permanent injunction against infringement and passing off. In the present application, the plaintiffs sought to amend their plaint to enhance the pecuniary jurisdiction for rendition of accounts/damages from Rs. 25 lac to Rs. 1 crore, based on re-assessed damages. The court allowed the amendment, emphasizing that commercial courts should adopt a flexible approach when correcting valuation errors.
Vifor (International) Limited v.The High Court Of Delhi
This writ petition challenged the mandatory transfer of commercial disputes related to five key statutes—Patents, Trademarks, Designs, Copyright, and Geographical Indications—to the Commercial Division of the High Court. The petitioners argued that suits under these specific IP Acts should remain in their original forum, even if the value is below Rs. 1 crore. The court provided an interim order, holding that these cases shall not be transferred, while also directing Single Judges to consider amendment applications as per law.
Delhi Tourism and Transportation Development Corporation Ltd. v.Ankit Gupta
The plaintiff, Delhi Tourism and Transportation Development Corporation Ltd., filed a suit alleging that the defendant was operating a business using brand names ('Delhi Haat Mall' and 'New Delhi Haat') deceptively similar to the plaintiff's registered trademark 'Dilli Haat'. The court found that the defendant's use constituted unfair competition and infringement, leading to the decree of permanent injunction and damages.
Bayer Intellectual Property Gmbh v.Mr Abhijeet And Anr
The case involves a dispute regarding the commercial launch of the product 'RIVAROXABAN' which is subject to the patent IN 211300 held by the plaintiffs. The defendants stated they are not proposing to launch the product during the patent's lifetime.
F.Hoffmann-La Roche Ltd. v.Cipla Ltd.
This Delhi High Court judgment addressed a complex patent dispute between F.Hoffmann-La Roche Ltd. and Cipla Ltd. concerning Erlotinib Hydrochloride, a life-saving cancer drug. The court examined challenges to the validity of Roche's Indian Patent IN '774, particularly regarding inventive step over prior art (EP '226). While the court found that Cipla had raised credible doubts about the patent's validity, it ultimately restored Roche's suit for injunction but denied the immediate grant due to the approaching expiry date of the patent. Consequently, Cipla was directed to render accounts of its sales.
Novartis Ag v.Cipla Ltd
This Delhi High Court judgment addressed the jurisdictional scope of an ongoing patent infringement suit (CS No.3812/2014) between Novartis Ag and Cipla Ltd. The core issue was whether the case, despite its low pecuniary valuation, should be transferred to a subordinate District Court under the Commercial Courts Ordinance, 2015. The court ruled that because the defendant had filed a counterclaim challenging the patent's validity, the matter must remain before the High Court's Commercial Division, irrespective of the suit's value.
Laxmi Snacks Pvt Ltd v.Akshar Food Products
Laxmi Snacks Pvt Ltd challenged Akshar Food Products for allegedly copying its distinctive packaging design, getup, and style used for ready-to-eat Namkeen products like Ratlami Sev. The appellant claimed their unique visual identity, including color scheme and mascot, was infringed upon by the respondent's similar product presentation. While the court acknowledged the claims of infringement based on trade dress, it ultimately dismissed the appeals, directing the respondent to provide sales records for further scrutiny.
Tata Sons Limited v.Aniket Singh
Tata Sons Limited filed a suit seeking permanent injunction, damages, and relief against Aniket Singh for alleged infringement of its rights to privacy, publicity, and passing off. The plaintiffs argued that their established goodwill and reputation, associated with the TATA brand, were being harmed by the defendant's actions. Given the defendant's failure to appear in court, the Delhi High Court ruled in favor of the plaintiffs, granting a permanent injunction and awarding punitive damages.
Bristol-Myers Squibb Company & Ors v.Dr.Bps Reddy & Ors
The plaintiffs filed a suit for permanent injunction against defendants regarding infringement of Patent No. 203937 concerning DASATINIB API. The court addressed three applications: one to implead Hetero Labs Ltd., one to delete Dr. BPS Reddy, and one to implead Bristol-Myers Squibb Holdings Ireland as the assignee. All three applications were allowed.
Midas Hygiene Industries Pvt. Ltd. v.Sudhir Bhatia
Midas Hygiene Industries challenged the Copyright Board's order that cancelled its copyright registrations for packaging material used on insecticide chalks. The core dispute revolved around whether the artistic work, when applied to a product, qualified as a 'design' under the Designs Act, thereby triggering the automatic cessation of copyright under Section 15(2) of the Copyright Act. Midas argued that the label was merely an artistic work and not a design in the statutory sense. The Delhi High Court set aside the Board's finding regarding Section 15(2), but remanded the matter for fresh consideration on issues of originality, locus standi, and limitation.
Stephen Koeing v.Arbitrator Nixi And Anr.
This case involved a dispute over the domain name 'internet.in', which was registered by Koening, while Purohit held a trade mark for 'internet'. The core issue revolved around whether the domain name registration infringed upon the existing trademark rights. The Delhi High Court examined the arbitral award concerning this matter. Ultimately, the court upheld the arbitration finding, emphasizing that the registrant has an obligation to ensure their domain name does not violate third-party rights.
M/s.Mahavir Home Appliances v.The Intellectual Property Appellate Board; The Registrar of Trade Marks; Rallifan Limited
The Madras High Court allowed a writ petition filed by M/s.Mahavir Home Appliances, setting aside an adverse order passed by the Intellectual Property Appellate Board (IPAB). The core issue revolved around the validity of associated trademarks related to the 'RALLY' mark. A new affidavit submitted by the Registrar of Trade Marks contradicted the IPAB's finding that the marks had lapsed, thereby supporting the petitioner's claim. Consequently, the High Court remitted the matter back to the IPAB for fresh consideration based on the corrected factual position.
M/S Mirza International Ltd v.M/S Pauls Foot Prints
The Delhi High Court disposed of the trademark infringement suit between M/S Mirza International Ltd and M/S Pauls Foot Prints based on a comprehensive settlement reached through court-annexed mediation. The defendant agreed to cease using the disputed mark 'RED TAPE,' deliver seized goods, and pay Rs. 65,000/- to the plaintiff. The Court formally accepted the terms of the Settlement Agreement dated October 14, 2015, thereby decreeing the suit.
Ctr Manufacturing Industries Ltd v.Sergi Transformer Explosion Prevention Technologies Pvt. Ltd.
CTR Manufacturing Industries Ltd filed an action alleging that Sergi Transformer Explosion Prevention Technologies Pvt. Ltd.'s SERGI 3000 infringes upon CTR's Indian Patent No. 202302, which covers explosion and fire detection technology for electrical transformers. Sergi denies infringement, claiming its product uses different technology, and also challenges the validity of CTR's patent based on prior art.
Sergi Transformer Explosion Prevention Technologies Private Limited v.Ctr Manufacturing Industries Limited
The suit was filed by Sergi Transformer Explosion Prevention Technologies Private Limited against Ctr Manufacturing Industries Limited seeking permanent injunction and damages for infringing Indian Patent No. 189089 related to transformer explosion prevention. The defendant challenged the plaintiff's standing, arguing that their exclusive license agreement was unregistered and therefore invalid under Section 109 of the Patents Act, 1970.
Inception Media LLP v.Star India Pvt. Ltd.
The Plaintiff, Inception Media LLP, filed a Notice of Motion alleging copyright infringement and breach of confidentiality against Star India Pvt. Ltd., claiming ownership over a concept note for a TV serial titled "Ye Tera Ghar Ye Mera Ghar". The Plaintiff asserted that this confidential material was disclosed to Star India, which subsequently produced a similar promotional video. However, the Court dismissed the motion, finding that the Plaintiff failed to establish a prima facie case regarding copyright and confidentiality.
Jasper Motors Private Limited v.The Proprietor, Basantee Battery Operated Rickshaw & Ors.
The plaintiff, Jasper Motors Private Limited, filed a suit regarding matters arising under the Patents and Design Act. The court initially faced issues regarding the admission of the plaint and whether proper leave had been obtained under Clause 12 of the Letters Patent. The court ultimately granted the necessary leave and admitted the plaint.
Merck Sharp & Dohme Corporation v.Glenmark Pharmaceuticals Ltd.
Merck Sharp & Dohme Corporation filed a suit against Glenmark Pharmaceuticals Ltd., alleging infringement of its Indian Patent No. 209816, which covers Sitagliptin, a key drug for Type II diabetes. The plaintiffs sought a permanent injunction to prevent the defendant from manufacturing and selling generic versions like Sitagliptin Phosphate Monohydrate under brands such as ZITA. The court found that the defendant's actions constituted infringement of the plaintiff's patent rights.
M/S Relianc Life Sciences Pvt Ltd v.M/S Reliance Life Sciences & Anr
This Delhi High Court order confirms the settlement reached between M/S Relianc Life Sciences Pvt Ltd and M/S Reliance Life Sciences & Anr. The parties successfully mediated their dispute, leading to a decree that acknowledges the plaintiff's proprietary trademark rights. While the plaintiff agreed to waive damages, the defendants formally acknowledged the validity of the plaintiff's trademarks, resolving the litigation amicably.
Virbac Animal Health India Pvt Ltd v.Dahyabhai L Patel
Virbac Animal Health India Pvt Ltd appealed a lower court's decision to reject its plaint. The original suit alleged infringement of copyright and passing off of a trademark. The trial judge had rejected the suit based on Section 15(2) of the Copyright Act, 1957, citing that the product was manufactured more than fifty times. Virbac argued that this limitation should not apply as their claim also involved trademark passing off, which is excluded from certain definitions in other IP statutes.
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