IP Cases — 2016
133 decisions across all jurisdictions
Page 5 of 5 · 133 total
Research Foundation, Sci., Tech. & Eco. & Anr. v.Union of India & Ors.
The petitioners filed a writ petition seeking directions to the Union of India to challenge patents related to wheat in international forums, citing concerns over biodiversity protection and biopiracy. The court noted that the specific patent challenged had since been revoked by the European Patent Office.
Visakha Chemicals v.The Central Government Of India And Another
The Delhi High Court dismissed a writ petition challenging an IPAB order regarding trademark invalidity. The judgment affirmed the Full Bench's ruling that the Intellectual Property Appellate Board (IPAB) has exclusive jurisdiction to decide on pleas of trademark registration invalidity, even within the context of an infringement suit. Furthermore, the court clarified the conditions under which an infringement action may be stayed pending rectification proceedings, emphasizing that a civil court must find the plea prima facie tenable before staying the suit.
Aura Synergy India Ltd. v.M/S New Age False Ceiling Co Pvt. Ltd.
The Delhi High Court addressed an interim injunction request filed by Aura Synergy India Ltd. against M/S New Age False Ceiling Co Pvt. Ltd., concerning the use of the trade name 'AURA' for metallic false ceiling products. The court ultimately ruled in favor of the defendants, dismissing the plaintiffs' application. The judgment highlighted that the plaintiffs had suppressed material facts and made misstatements regarding their business history and relationship with the defendants, leading to the vacation of the ex-parte injunction.
Adidas Ag v.Union Of India & Anr.
The Delhi High Court overturned an Intellectual Property Appellate Board (IPAB) decision that had dismissed a rectification application concerning the trademark 'RESPONSE'. The court held that the IPAB's interpretation of 'person aggrieved' was contrary to law, especially when marks and goods are identical. Furthermore, the High Court found factual inconsistencies in the IPAB's assessment regarding the petitioner's use of the mark. Consequently, the matter was remanded back to the IPAB for a fresh hearing.
Devagiri Farms Pvt. Ltd. v.Mr Sanjay Kapur & Anr.
The Delhi High Court ruled in favor of the tea seller, Mr. Sanjay Kapur & Anr., finding that Devagiri Farms Pvt. Ltd. had infringed upon their trade dress. The court held that despite minor variations, the overall get-up and striking similarity between the packaging—specifically the fabric sleeve used over a rectangular cuboid packet—was likely to deceive an ordinary purchaser. This judgment reinforces that the overall visual impression of a product's packaging is a critical factor in assessing trade dress infringement, even when trademarks are displayed.
Mac Personal Care Pvt. Ltd. v.Lavera Gmbh And Co.Kg
The Delhi High Court upheld an interim injunction in favor of Lavera Gmbh, affirming that Mac Personal Care Pvt. Ltd. was a dishonest adopter of the trademark 'LAVERA'. Despite initial contradictions regarding trans-border reputation, the court found that Lavera's international registration and intent to market in India entitled it to protection. The judgment emphasizes that dishonesty at the inception of mark adoption is fatal, even if subsequent use by the alleged infringer continues.
Wipro Enterprises Limited v.Heinz India Pvt., Ltd.
Wipro Enterprises Limited filed appeals against an order concerning the alleged infringement of its trademark rights. The dispute centered around Heinz India Pvt. Ltd.'s use of labels incorporating 'GLUCON-D VOLT' for their tangy orange flavoured glucose-based energy bites. The parties ultimately reached a compromise, leading to the disposal of the Original Side Appeals.
Cipla Limited v.F. Hoffman La Roche Limited
Cipla Limited appealed against a final judgment passed by the Delhi High Court. The Supreme Court heard the matter and directed that the case be fixed for final disposal on March 16, 2016. The court also clarified that while existing interim proceedings would continue, no final orders could be passed without its leave.
Jagatjit Industries Limited v.The Intellectual Property Appellate Board & Ors.
The dispute involved a conflict over the trademark 'BLENDERS PRIDE'. The appellant (Jagatjit Industries Limited) sought to register an identical mark, leading to opposition by respondent No. 4 (a subsidiary of Pernod Ricard S.A.). The case progressed through various legal challenges regarding the validity and rectification of the registration certificate.
Guruji Enterprises Pvt Ltd v.Union Of India And Anr
The Delhi High Court dismissed Guruji Enterprises' challenge against the removal of its trademark 'GURUJI'. The petitioner argued that the Registrar failed to issue a mandatory prior notice (Form O-3) before cancellation. However, the court found that since the Respondent stated the Form O-3 was sent by post in 2008, the law presumes service upon delivery, making the writ petition inappropriate for resolving factual disputes regarding receipt.
M/S. Bhatia Enterprises v.Sh. Subhash Arora
M/S. Bhatia Enterprises filed a suit alleging infringement of its registered design for a water jug (No. 235010). The court considered an application for a preliminary injunction, noting that the defendant had previously failed in its attempt to cancel the registration based on prior publication. Given that the plaintiff had a prima facie case and irreparable loss would occur without protection, the court granted the interim injunction.
Sanofi Aventis v.Intas Pharmaceuticals Ltd.
Sanofi Aventis filed a suit against Intas Pharmaceuticals Ltd. alleging trademark infringement and passing off related to blood thinning medicines. The plaintiff sought permission to amend the plaint to reflect significantly increased damages, as the losses mounted over the seven years the suit was pending. The court allowed the amendment, emphasizing that procedural rules should not obstruct the cause of justice, especially when correcting valuation based on evolving market realities.
J.C. Bamford Excavators Limited & Anr v.Bull Machines Pvt Ltd
J.C. Bamford Excavators Limited filed an application seeking to amend its plaint in a suit against Bull Machines Pvt Ltd, aiming to enhance the suit's valuation and the quantum of damages claimed due to ongoing copyright and design infringement. The plaintiffs argued that despite previous arrangements, the defendant continued manufacturing and selling infringing backhoe loaders. The court ultimately allowed the amendment, emphasizing that commercial disputes require a flexible approach to ensure justice.
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