IP Cases — 2018
224 decisions across all jurisdictions
Page 1 of 8 · 224 total
Simon, S. A. U. v.The Controller Of Patent & Designs & Anr.
Simon filed three applications for the registration of a design related to 'Accessories For Electrical Devices', claiming priority from a Spanish application. The Controller found that the design lacked novelty because it was taught by earlier, prior published designs and compared unfavorably with Registered Design No. 216507.
Jawed Habib Hair And Beauty Limited v.Manoj Kumar Sharma
The petitioner, Jawed Habib Hair And Beauty Limited, filed an IP Suit against Manoj Kumar Sharma regarding alleged infringement of its trade marks. The court granted leave to the defendant and passed an interim order restraining him from using 'JAWED HABIB' or 'JH' in connection with hair salon services pending the final hearing.
Skol Breweries Ltd. v.Som Distilleries And Breweries Ltd.
This appeal was filed by Skol Breweries Ltd. (now Sab Miller) seeking a temporary injunction against Som Distilleries And Breweries Ltd., alleging that the latter was using bottles bearing the appellant's registered design for their product, 'BLACK FORT.' The plaintiff claimed this constituted infringement and passing off of its beer, 'HAYWARDS 5000.' However, the High Court dismissed the appeal, finding no substance in the request for an injunction at that stage.
Zenner International Gmbh & Co Kg And Anr v.Anand Zenner Company Pvt Ltd
The plaintiffs filed a suit for permanent injunction against infringement and passing off concerning the trade mark 'Zenner'. The defendant challenged the territorial jurisdiction and the applicability of Section 134 of the Trade Marks Act. Ultimately, the court dismissed the suit because the plaintiffs failed to lead any evidence despite repeated opportunities.
Hindustan Unilever Limited v.R-3 Organics Limited
The Calcutta High Court granted an interim protective order in favor of Hindustan Unilever Limited (HUL) against R-3 Organics Limited. HUL alleged that the respondent was manufacturing and selling detergent powder under 'PARAS STAIN FIGHTER' with labels deceptively similar to HUL's well-known trademark 'SURF EXCEL.' The court found a prima facie case of infringement regarding both the registered trade mark and the copyright in the distinctive getup and color scheme, leading to an order for inventory and seizure of infringing goods.
Rapid Bevtech Pvt Ltd v.Khs Machinery Pvt Ltd
Rapid Bevtech Pvt Ltd challenged an interim injunction granted by the Commercial Court, arguing that the suit lacked commercial jurisdiction and that the alleged confidential information was public knowledge. The core dispute revolved around the unauthorized use of specialized manufacturing know-how and technical secrets by former employees (now associated with Khs Machinery Pvt Ltd). The Gujarat High Court upheld the original order, finding no interference necessary as the relief granted balanced the rights of both parties.
Unza International Limited / Cavinkare Private Limited (depending on the suit) v.Cavinkare Private Limited / Wipro Limited (depending on the suit)
This Madras High Court judgment, dated November 15, 2018, resolved multiple complex trademark disputes involving Unza International and Cavinkare Private Limited against Wipro entities. The court decreed Civil Suit No. 1006 of 2009 in favor of Unza International regarding the 'ENCHANTEUR' mark, while simultaneously dismissing other related suits (C.S.Nos. 221 & 222) and closing associated writ petitions based on a compromise memo signed by the parties. The ruling highlights how litigation can conclude through negotiated settlements.
Christian Louboutin Sas v.Abubaker & Ors.
Christian Louboutin Sas filed a suit against Abubaker & Ors., alleging trademark infringement and passing off based on its registered mark 'RED SOLE,' which refers to the red color applied to ladies footwear soles. The core dispute centered on whether this specific color shade could be protected as a trademark, especially when the defendants were using their own wordmark 'VERONICA.' The Delhi High Court ultimately dismissed the suit, holding that the use of a single color does not qualify as a trademark under relevant provisions and that Section 30(2)(a) disentitled the plaintiff from claiming infringement or passing off.
Krishnamachari Ramu v.Srinivasa Raja
The petitioners challenged the Intellectual Property Appellate Board's order that revoked their patents (No. 193899 and 200285) concerning a novel method for preparing low glycemic sweets using Levulose/Fructose. The High Court found that the dispute required intricate scientific proof regarding the elimination of browning reactions, leading it to set aside the revocation order and remand the matter back to the IPAB.
M/s.Amilal Ramkishan Dass v.Ashok Kumar Sethi
The main suit involved a claim by M/s.Amilal Ramkishan Dass against Ashok Kumar Sethi for copyright infringement and passing off related to their Henna products bearing the mark 'AMIN'S'. The defendant filed an application seeking rejection of the plaint, primarily arguing lack of jurisdiction. The court dismissed the application, finding that the cause of action arose within its territorial jurisdiction.
Unilever Plc. v.HAD Enterprises
Unilever Plc. filed a suit alleging that Had Enterprises was violating its trademarks (LAKME, LAKME EYECONIC, etc.) by selling products using deceptive marks and logos. The court addressed motions related to the investigation of these IP violations.
Tata Sons Ltd & Anr v.Krishna Kumar & Ors.
The Delhi High Court ruled in favor of Tata Sons Ltd, granting permanent injunctions and awarding substantial damages against the defendants for trademark infringement and passing off. The suit centered on the unauthorized use of the well-known 'TATA' mark and associated domain names (www.tatafinserve.com). Given that the defendants evaded court proceedings, the Court emphasized the principle of corrective justice, holding them liable for punitive damages.
Hindustan Unilever Limited v.Lite Detergent Soap
Hindustan Unilever Limited filed a Notice of Motion against Lite Detergent Soap. The Bombay High Court granted leave under Clause XIV of the Letters Patent and also granted specific interim reliefs sought by the plaintiff, which will remain in force until further orders.
Trans Union Cibil Ltd. v.Chetani Manufacturing and Trading Pvt. Ltd.
The Bombay High Court granted an ad-interim order favoring Trans Union Cibil Ltd. against Chetani Manufacturing and Trading Pvt. Ltd. The court found prima facie evidence that the defendant was infringing the 'CIBIL' trademark, misrepresenting itself as connected with CIBIL to the public, and collecting money from victims. Consequently, the injunction prevents the defendant from using or enabling others to use the protected trademarks in relation to credit scores and reports until the final disposal of the suit.
Balbir Singh & Company v.Mex Switch Gears Pvt. Ltd.
This Delhi High Court judgment addresses a challenge to the territorial jurisdiction of a district court in New Delhi. The petitioner challenged the suit filed by the respondent on the grounds that the court lacked jurisdiction. However, the court held that the plaint's averment that the defendant was clandestinely selling infringing goods within Delhi was sufficient to confer jurisdiction under both the Trade Marks Act and the Copyright Act. Consequently, the petition seeking rejection of the plaint was dismissed.
Vior(International) Ltd v.Maxycon Health Care Private Limited
The plaintiffs filed a suit seeking injunctions, damages, and rendition of accounts against the defendants for infringing an Indian patent (IN No. 221536) related to Ferric Carboxymaltose, as well as for copyright infringement and dilution of their brand image. The court found that the defendants were engaging in infringing activities despite being treated ex parte and violating interim orders.
Unza International Limited / Cavinkare Private Limited (depending on the suit) v.Cavinkare Private Limited / Wipro Limited (depending on the suit)
This Madras High Court judgment, dated November 15, 2018, resolved multiple complex trademark disputes involving Unza International and Cavinkare Private Limited against Wipro entities. The court decreed Civil Suit No. 1006 of 2009 in favor of Unza International regarding the 'ENCHANTEUR' mark, while simultaneously dismissing other related suits (C.S.Nos. 221 & 222) and closing associated writ petitions based on a compromise memo signed by the parties. The ruling highlights how litigation can conclude through negotiated settlements.
Hindustan Unilever Ltd. v.R. R. Trading Company
Hindustan Unilever Ltd. filed a Notice of Motion seeking an injunction against R.R. Trading Company for allegedly using a label mark and trade dress deceptively similar to the Plaintiff's distinctive BROOK BOND RED LABEL/RED LABEL. The Bombay High Court granted the leave petition and passed an interim order restraining the defendant from manufacturing, marketing, or selling goods that pass off as those of the plaintiff.
New Hope Industries Pvt. Ltd. v.Pioneer Bakeries (P.) Ltd.
New Hope Industries challenged the Intellectual Property Appellate Board's decision to rectify its trademarks, Milka Wonder Cake. However, before the Madras High Court could rule on the validity of the marks, both parties entered into a Dispute Settlement Agreement (MOU) dated March 26, 2018. Consequently, the court dismissed the Writ Petitions as withdrawn, resolving the dispute outside of judicial decree.
Asian Paints Ltd. v.A1 Colours Paints
Asian Paints Ltd. filed a suit against A1 Colours Paints alleging infringement and passing off related to its registered trade marks APEX and ROYALE. The court granted leave under the Letters Patent Act and decreed the suit in favor of Asian Paints.
Hindustan Unilever Ltd. v.Jai Hind Gruh Udhyog
Hindustan Unilever Ltd. filed an IP Suit against Jai Hind Gruh Udhyog alleging infringement of its distinctive WHEEL label and trade dress in the soap and detergent industry. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an interim injunction.
Hindustan Unilever Limited v.Jmd Oil Private Limited
Hindustan Unilever Limited filed a Notice of Motion seeking an injunction against JMD Oil Private Limited for alleged infringement of its trade dress and marks. The court granted the leave petition and subsequently passed an order granting an interim injunction.
Unknown v.Yogesh Mehra & Others
The plaintiffs argued that the court should not proceed with the civil suit while a statutory appeal was pending before the Statutory Authority. The defendant relied on a precedent (Dr. Aloys Wobben vs. Yogesh Mehra & others) which established rules concerning counter-claims and patent revocation petitions. The court accepted the defendant's submissions regarding the applicability of the precedent and listed the matter for arguments.
Snecma v.Union Of India And Anr.
Snecma challenged two communications from the Union of India's Patent Office, which rejected its request for patent examination. The initial rejection cited incorrect fee payment methods (cheque instead of demand draft), while the second communication claimed the request was filed beyond the 48-month statutory limit. The Delhi High Court ruled in favor of Snecma, quashing both communications and directing the Patent Office to process the request for examination.
Dabur India Ltd. v.Vaidya Nandram Gigraj Chamria
Dabur India Ltd. filed a suit against Vaidya Nandram Gigraj Chamria alleging infringement of copyright, design rights, and passing off related to its popular brand HAJMOLA Anardana. The plaintiff contended that the defendant was manufacturing and marketing 'KARORPATI Anardana' using packaging and trade dress deceptively similar to its own. After proceeding ex-parte due to the defendant's non-appearance, the court found that the plaintiff successfully proved a likelihood of confusion leading to passing off.
Cello Plastic Industrial Work And Ors. v.Ajay Shantilal Raka
The Bombay High Court issued an interim order in a trademark dispute involving Cello Plastic Industrial Work and Ajay Shantilal Raka. The court directed the Registrar of Trademarks to produce specific application and opposition records before the next hearing date. This procedural step indicates that the case is actively moving forward, requiring both parties to prepare for detailed examination of the relevant intellectual property filings.
Gopal Engineering & Chemical Works Pvt Ltd v.Vikrant Chemico Industries Pvt Ltd
The Delhi High Court dismissed an appeal filed by Gopal Engineering & Chemical Works Pvt Ltd challenging a prior order that confirmed an ex parte interim injunction. The court upheld the injunction, finding that the respondent's registered trademark 'Doctor Brand Phenyle' had acquired distinctiveness and was associated with its phenyl disinfectant product. Despite the appellants' claims of rights via assignment deeds, the court found their use of 'Doctor Hazel' to be infringing, while allowing them to continue using 'Chemist brand germ troll.'
Sarine Technologies Ltd v.Utpal Mistry
The court heard an application regarding a counterclaim filed by the defendants seeking revocation of a patent. The court held that based on Supreme Court precedent (Aloys Wobben), the counterclaim was not maintainable. Consequently, the defendants withdrew the counterclaim, leading the court to order the original suit be re-transferred to the District Court.
M/S. Nandhini Deluxe v.M/S. Karnataka Cooperative Milk Producers Federation Ltd.
The Supreme Court set aside previous orders from the IPAB and High Court that had cancelled the 'NANDHINI' trademark registration held by M/S. Nandhini Deluxe. The dispute centered on whether the restaurant chain could use a deceptively similar mark to the established milk producer, Karnataka Cooperative Milk Federation Ltd. The SC found that the appellant was a concurrent user who adopted the mark early enough and did not attempt to take unfair advantage of the respondent's goodwill, thereby restoring the registration.
Asugar Engineering Services v.Intellectual Property Appellate Board
The Gujarat High Court allowed the petition filed by Asugar Engineering Services, directing the Intellectual Property Appellate Board (IPAB) to reconsider a trademark rectification application. The court found that the IPAB's original order was flawed because it failed to provide adequate opportunity for both parties to contest the issues of non-use and classification. Consequently, the impugned order was quashed and remanded back to the IPAB for a fresh hearing, ensuring due process is followed.
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