IP Cases — 2018
224 decisions across all jurisdictions
Page 2 of 8 · 224 total
Unilever Plc. v.Bhanu Chauhan
Unilever Plc. filed a Notice of Motion seeking restraining orders against Bhanu Chauhan and others for using logos and trademarks deceptively similar to Unilever's well-known brands (DOMEX). The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an interim order.
Reliance Healthcare Pvt Ltd v.Reliance Medipharma
The Gujarat High Court addressed appeals concerning trademark infringement and passing off related to the brand name 'RELIANCE' in the pharmaceutical sector. While the court confirmed the lower court's decision refusing a broad injunction against the defendants using the name 'Reliance,' it partially allowed the appeal by specifically restraining the use of the derivative mark, 'Reliance Rx M,' for pharmaceutical products. This ruling highlights the nuanced approach courts take when balancing established trademark rights with specific usage limitations.
Meena Prints Pvt. Ltd. v.Shri Ajanta Fabrics And 9 Others
The petitioner filed an IP suit against the respondents alleging infringement and passing off related to their registered trademarks ('Meena Prints' and 'Cotton Design') and associated copyrights used in textile goods. The court granted permanent injunctions restraining the defendants from using similar marks and ordered them to pay damages.
M/S Okaya Power Ltd v.M/S Aqua Healer & Ors
M/S Okaya Power Ltd filed a suit against M/S Aqua Healer & Ors alleging infringement of its registered trademark, 'MINJET', along with claims of passing off and unfair competition. The plaintiff sought a permanent injunction to prevent the defendants from using similar names or designs. After reviewing the pleadings, the court found that there were no prospects for the defendants to successfully defend the claim. Consequently, the application for summary judgment was allowed, and the suit was decreed in favor of M/S Okaya Power Ltd.
Novartis AG v.Saimirra Innopharm Private Limited
Novartis AG filed a civil suit alleging infringement of its registered patent (No. 212815) concerning Vildagliptin. The defendant, Saimirra Innopharm Private Limited, contested the claim by stating it neither manufactures nor intends to manufacture the patented drug. By mutual consent, the court disposed of the suit, granting permanent injunctive relief in favor of the plaintiff.
M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.New Thalappakattu Briyani & Fast Food Corner
The Madras High Court dismissed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against New Thalappakattu Briyani & Fast Food Corner. The original suit sought permanent injunction and damages for passing off, alleging deceptive similarity in their respective trade marks and trading styles related to biryani products. However, the plaintiff subsequently instructed their counsel to withdraw the case, leading to its dismissal by the court.
Mr.A.D.Padmasingh Issac Trading as Aachi Spices and Foods / M/s.Aachi Masala Foods (P)Ltd. v.Nutriyes Healthcare Pvt Ltd
Aachi Spices and Foods filed a civil suit alleging that Nutriyes Healthcare Pvt Ltd was infringing upon its copyright and passing off its brand, 'AACHI RAGI FLOUR.' The plaintiff sought permanent injunctions against the unauthorized use of similar marks on ragi flour products. After establishing jurisdiction and presenting ex-parte evidence, the court found in favor of the plaintiffs, granting injunctive reliefs and directing the surrender of infringing materials. Furthermore, given the defendant's failure to appear despite being duly served, the court awarded significant compensatory costs.
Joy Creators Pvt Ltd v.Natures Essence Pvt Ltd
The Delhi High Court addressed a trademark infringement suit concerning the use of 'Honey & Almonds' in cosmetic products. While the Plaintiff sought an injunction against the Defendant's use of the phrase, the court allowed the Defendant to continue using 'Almond and Honey' as a descriptive ingredient term. However, strict conditions were imposed on packaging design, ensuring that this descriptive phrase does not gain undue prominence over the Defendant's own trademark, 'Nature's Essence'.
M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Dindigul Thalappakattu Briyani & Fast Food
The Madras High Court dismissed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Dindigul Thalappakattu Briyani & Fast Food. The plaintiff had initially sought permanent injunction and damages for passing off, alleging deceptive similarity in their respective trade marks and trading styles. However, the court accepted the plaintiff's request to withdraw the suit, leading to its dismissal without costs.
M/S. Epsilon Publishing House Pvt. Ltd. v.Union of India and Ors.
The Delhi High Court dismissed an appeal challenging the renewal of the trademark 'LOKPRIYA EASY NOTES.' The court held that despite procedural lapses, such as a delay in payment of surcharge, the Trademark Registry was entitled to grant the renewal because the application was filed within the statutory six-month grace period. This judgment emphasizes that strict adherence to procedure should not automatically invalidate a registration when the core requirements are met.
Netsweeper Technologies Private Limited v.Netsweeper Inc.
Netsweeper Technologies Private Limited filed a suit against Netsweeper Inc. alleging passing off and unauthorized use of its registered trademark, 'NETSWEEPER'. The plaintiff, based in Canada, claimed that the defendants were wrongfully associating themselves with its brand to sell similar software services. The Madras High Court dismissed the appeal filed by the appellants, confirming the original injunction granted in favor of Netsweeper Technologies Private Limited.
Colgate Palmolive Company v.Personal Brushes Pvt. Ltd.
Colgate Palmolive filed a suit against Personal Brushes Pvt. Ltd. alleging passing off and infringement related to their toothbrush products. The court passed an interim order granting reliefs restraining the defendants from imitating the trade dress, get up, and infringing specific registered designs.
Jasper Motors Private Limited And Another v.The Proprietor, Basantee Battery Operated Rickshaw and Others
The applicant (Defendant No.2) filed an application seeking recall of a prior injunction order, arguing that the plaintiff's patent was invalid based on grounds like prior art and lack of inventive step under Section 64 of the Patents Act. The court found prima facie satisfaction regarding the patent's invalidity and noted the defendant's manufacturing activity, leading to the recall of the interim order.
M.Ponnusamy (Sole Proprietor of Sasi Match Works) v.Latha Match Industries
M.Ponnusamy, representing Sasi Match Works, filed a suit against Latha Match Industries and others alleging infringement of his registered trademark 'GOPAL' and copyright in its artistic label. The plaintiff sought permanent injunctions and damages due to the defendants allegedly using the deceptively similar mark 'GOKUL'. However, before the court could rule on the merits of the complex IP claims, the plaintiff chose to withdraw the suit.
Kellogg Company v.Pops Food Products (P) Ltd.
The Delhi High Court dismissed Kellogg Company's appeal against the Intellectual Property Appellate Board's decision to remove its 'POPS' trademark from the register. The core issue was non-use, as the petitioner failed to provide evidence of bona fide use in India since 1989, despite claiming international adoption and goodwill. The court upheld the IPAB's finding that a prolonged lack of domestic commercial activity negates the right to maintain registration under Section 47 of the Trademarks Act.
Shamnad Basheer v.Union Of India
This writ petition challenged the process and implementation timeline concerning changes to the Patents Act, 1970. The court examined issues related to Section 146 and Section 122 of the Act, which govern patent working. After reviewing an affidavit from the Deputy Controller of Patents & Designs, the High Court accepted the detailed sequential timelines proposed by the Union of India for completing the necessary stakeholder consultation and legislative amendments.
Vennila Clothing Company v.M/s.Arrs Silks
The Madras High Court modified existing interim injunctions in a dispute between Vennila Clothing Company and M/s.Arrs Silks regarding trademark and trade dress infringement. The court partially allowed the applications seeking to vacate the previous injunctions, establishing an interim arrangement where the defendants could use specified changed trade dresses for a period of eleven months. This decision allows the main suit to proceed while providing temporary relief to both parties.
Koninklijke Philips Electronics N.V. v.Rajesh Bansal, Sole Proprietor
Koninklijke Philips Electronics N.V. filed two suits alleging infringement of its Indian Patent No. 184753, which covers channel decoding technology used in DVD video players. The plaintiff claimed this patent was essential for the industry. Although the suit patent had expired by the time of judgment, the Delhi High Court found that the defendants were infringing the patent and liable to pay royalties at FRAND rates. Furthermore, due to the defendant's conduct as a former employee, punitive damages were awarded against Rajesh Bansal.
Citicorp Business & Financial Services Pvt Ltd v.Citi Group Inc & Anr
This appeal challenged a single judge's order that had attached the bank accounts of Citicorp Business & Financial Services Pvt Ltd due to non-compliance with previous injunction orders regarding trademark infringement and passing off. The Delhi High Court dismissed the appeal, holding that there was no statutory provision for an appeal against such an order under Order XXXIX Rule 2A CPC. Furthermore, the court found that the appellant's subsequent failure to comply with a one-month compliance statement made before the judge demonstrated bad faith.
M/S Aashiana Rolling Mills Ltd v.M/S Kamdhenu Ltd
This appeal addressed an interim injunction sought by Kamdhenu Ltd against M/S Aashiana Rolling Mills Ltd for alleged infringement of a registered design on TMT steel bars. Kamdhenu claimed its unique surface pattern was protected, while Aashiana argued that the design merely replicated a widely accepted British Standard (BS 4449:2005). The Delhi High Court ultimately set aside the injunction, finding that Kamdhenu's registration was suspect because it relied on a commonly applicable standard available in the public domain.
M/s.Ultra Tile Pvt. Ltd. v.Shri Ganesh Tiles & Granites
The Madras High Court ruled in favor of M/s.Ultra Tile Pvt. Ltd., finding that the defendant, Shri Ganesh Tiles & Granites, had infringed upon its registered trademarks ('ULTRA') and committed passing off. The court held that since both parties operate in the same market (tiles) and target similar consumers, the use of a deceptively similar mark was unacceptable. Consequently, the plaintiff was granted permanent injunctions, orders for destruction of infringing materials, and directions for accounting of profits.
Country Inn Private Limited v.Country Inns And Suites By Carlson, Inc.
The Delhi High Court dismissed an application filed by Country Inns And Suites By Carlson, Inc. seeking permission to proceed with a trademark rectification petition aimed at cancelling the plaintiff's 'COUNTRY INN' registrations. The court found the defendant's attempt to derail the ongoing infringement suit frivolous and an abuse of process. Consequently, the application was dismissed with significant costs awarded against the defendant.
M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Bismi Thalappakattu Briyani
The Madras High Court addressed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Bismi Thalappakattu Briyani, which sought permanent injunction and damages for passing off the 'Thalappakatti Biriyani' trade mark. However, before any substantive arguments were heard, the plaintiff withdrew the suit upon instruction from their client. Consequently, the court dismissed the case as withdrawn.
M/S. Orient Bell Limited v.M/S. Royal Marketing
The plaintiff, M/S. Orient Bell Limited, filed a suit seeking permanent injunction against M/s. Royal Marketing and M/s. Orient Cera Tiles for infringing its trademark 'Orient' and copyrighted logo 'Orient Tiles'. The court found that the defendants were engaging in passing off and infringement of the plaintiff's mark. Consequently, the suit was decreed with relief granting injunctions and awarding damages.
Maya Sharma v.Unique Law Publication House & Ors
The Delhi High Court ruled in favor of Maya Sharma, granting a permanent injunction against Unique Law Publication House & Ors for passing off. The court found that the defendants used deceptively similar trademarks ('UNIQUE' and 'UNIQUE 20') and copied the plaintiff's distinct trade dress on law books. Given the identical goods (law books) and channels of trade, the triple identity test was satisfied, leading to a decree in favor of the plaintiff.
M/s.N.Ranga Rao & Sons Private Limited v.M/s.Balarama'S Incense Pvt. Ltd.
The Madras High Court ruled in favor of M/s.N.Ranga Rao & Sons Private Limited, finding that the defendant's use of the mark 'WOOD' constituted both trademark infringement and passing off against the plaintiff's registered word mark 'WOODS'. The court affirmed that since both marks were used for identical goods (incense sticks) within the same trade channel, deception was inevitable. Consequently, the suit was decreed, granting permanent injunctions, ordering the surrender of infringing stock, and directing the defendant to render accounts.
Indiyaa Distribution Network LLP v.TVC Life Sciences Ltd & Anr
The Delhi High Court ruled in favor of Indiyaa Distribution Network LLP, granting a permanent injunction against TVC Life Sciences Ltd and others. The dispute centered on trademark infringement concerning Ayurvedic joint pain relief oils. The court found that the defendants' mark, 'SANDHEE SUDDHAM,' was deceptively similar to the plaintiff's established mark, 'SANDHI SUDHA.' This decision reinforces the importance of prior use and goodwill in protecting brand identity within the pharmaceutical sector.
Unilever Plc v.Glint Cosmetics Pvt. Ltd.
The Plaintiffs, Unilever Plc, sought interim relief against the Defendant, Glint Cosmetics Pvt. Ltd., alleging infringement and passing off concerning their registered trademarks SUNSILK and CLEAR in the personal care industry. The court granted temporary injunctions restraining the defendant from using similar marks and ordered disclosure of relevant documents.
Asian Paints Limited v.Agrasen Paints and Chemicals
Asian Paints Limited filed a Notice of Motion seeking an injunction against Agrasen Paints and Chemicals for alleged infringement of the distinctive trade mark UTSAV and associated trade dress. The Bombay High Court granted the requested relief, restraining the Defendant from using similar marks or trade dresses in relation to paints and distemper pending the final hearing.
K.Ganesh Nadar / M/s. Bharathi Consumer Care Products Pvt.Ltd. v.M/s. Bharathi Consumer Care Products Pvt.Ltd. / K.Ganesh Nadar
This Madras High Court judgment addresses two cross-suits concerning trademark infringement, passing off, and groundless threats related to the brand 'XTRA' in the FMCG sector. The court noted that the dispute was referred to mediation, which proved fruitful. Consequently, a common decree was passed based on a memo of compromise dated 17.02.2017. Under this agreement, the defendant committed to stopping the use of the infringing label and adopting an amended version moving forward.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.