IP Cases — 2018
210 decisions across all jurisdictions
Page 3 of 7 · 210 total
Shambhu Nath & Brothers & Ors. v.Imran Khan
In the case concerning the trademark 'SNJ TOOFAN', the defendant, Imran Khan, filed an affidavit affirming that he has ceased using the mark and undertakes not to use it in the future. The court accepted this submission, allowing the matter to proceed while granting time for the plaintiffs to take instructions. This indicates a potential path toward resolution through settlement or compliance.
Radio Next Webcastion Pvt. Ltd. v.Union Of India And Anr.
Radio Next Webcastion Pvt. Ltd. challenged an administrative order that declined to list its application under Section 31D of the Copyright Act before the Intellectual Property Appellate Board (IPAB). The denial was based on the absence of a dedicated technical member for copyright matters. The Delhi High Court examined whether the IPAB, which is primarily constituted under the Trade Marks Act, could exercise jurisdiction over copyright issues. The court held that due to statutory amendments, the existing Appellate Board has sufficient jurisdiction and can proceed with examining copyright applications despite the temporary vacancy in specialized membership.
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.
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.
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.
Magnolia Ltd. v.Softgel Health Care Pvt. Ltd.
The Bombay High Court granted a temporary injunction favoring Magnolia Ltd. against Softgel Health Care Pvt. Ltd. The court ordered that pending the final disposal of the suit, the defendant is restrained from manufacturing, selling, exporting, or using the disputed trademark 'VAGICLIN Plus' in connection with any pharmaceutical product. This interim order significantly protects the plaintiff's brand rights while the main infringement case proceeds.
Novartis Ag v.Aanchal Corp
The case involves a Notice of Motion filed by Novartis AG seeking an injunction against Aanchal Corp. for infringing their Indian Patent No. 212815 related to pharmaceutical products containing Vildagliptin.
Hindustan Unilever Limited v.Sainath Enterprise
Hindustan Unilever Limited filed a commercial suit against Sainath Enterprise alleging that the defendant was using an identical or deceptively similar label mark and trade dress on their detergent powder, thereby passing off their goods as those of the plaintiff. The court granted leave under Clause XIV of the Letters Patent Act and passed an interim order.
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'.
Bharathi Consumer Care Products Pvt. Ltd v.Ganesh Industries
Bharathi Consumer Care Products Pvt. Ltd filed a civil suit against Ganesh Industries alleging multiple infringements, including the unauthorized use of a deceptively similar trademark (MAXX), copyright violation in packaging art, and passing off related to detergent products. The plaintiff sought permanent injunctions and damages for these illegal activities. Both parties subsequently reached an amicable settlement, which was formalized through a Memorandum of Compromise.
Vocco Consultants And 2 Ors. v.Vicco Agencies Pvt. Ltd.
The Bombay High Court addressed a commercial suit concerning the trademark 'VICCO'. While the original suit was stayed pending a rectification application before the IPAB, the court took proactive steps to address the core dispute. Citing Supreme Court precedent, the court framed an additional issue specifically questioning whether the Defendant's registration of the mark 'VICCO' is bad in law and liable for invalidation.
Hindustan Unilever Ltd. v.Joshi Products
Hindustan Unilever Ltd. filed an IP suit against Joshi Products alleging infringement of its copyrighted artistic label and distinctive trade dress for its detergent powder, WHEEL. The Bombay High Court granted leave to defend the suit and subsequently decreed it in favor of HUL.
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.
Prime Comfort Products Private Limited v.Lal Bahadur Trading As Sulakshmi Enterprises
The Delhi High Court dismissed the defendant's application for summary judgment, upholding its territorial jurisdiction to hear the trademark infringement suit. The plaintiff successfully argued that the defendant was conducting business and soliciting sales within Delhi via its website and through market confusion involving distributors in the region. This ruling reinforces the principle that digital presence and market impact within a specific territory can establish jurisdictional grounds under IP law.
Sunil Kishore Ahya v.Election Commission of India
The appellant sought information regarding the design and engineering of Electronic Voting Machines (EVMs). The respondents argued that disclosing this technical information, which falls under patent rights, could enable the manufacturing of spurious machines and threaten the democratic process. The Commission agreed with the respondents' stance.
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.
S.Sudhakar & Shri Lakshmi Agro Foods Pvt.Ltd. v.M/s.Udayam Marketing
The Madras High Court ruled in favor of the plaintiffs, S.Sudhakar and Shri Lakshmi Agro Foods Pvt.Ltd., against M/s.Udayam Marketing regarding trademark infringement and passing off of 'UDHAIYAM'. The court granted a perpetual injunction restraining the defendant from using an identical or deceptively similar mark for food products like Asafoetida Powder. Furthermore, given the decade-long litigation period and the defendant's non-appearance, the court awarded substantial compensatory costs to the plaintiffs.
Wockhardt Limited v.Torrent Pharmaceuticals Limited
The Supreme Court rejected Wockhardt Limited's appeal against a High Court Division Bench order that had granted an interim injunction based on passing off. The court found that the Division Bench correctly applied the triple test for passing off, establishing reputation and likelihood of confusion due to the minimal difference between the trade names. Despite arguments regarding acquiescence and prior conduct, the Supreme Court held that the balance of convenience favored the original judgment, thereby upholding the protection of Torrent's trademark.
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.
Nakoda Plast Industries v.Amisha Plastic
Nakoda Plast Industries filed an IP suit against Amisha Plastic. The parties subsequently entered into Consent Terms, which were accepted by the Court.
Hotel Panchavati Gaurav v.Anviti Foods And 2 Others
Hotel Panchavati Gaurav filed an IP suit against Anviti Foods and others alleging infringement of its registered trademarks and copyright related to the name PANCHAVATI GAURAV. The Bombay High Court granted perpetual injunctions restraining the defendants from using the infringing marks and ordered the defendants to pay Rs. 12,00,000/- towards costs/damages.
Metro Shoes Limited v.V. Retail Pvt.Ltd.
The Bombay High Court disposed of the suit (COMIP (L) No. 1073 of 2018) between Metro Shoes Limited and V. Retail Pvt.Ltd. after both parties submitted Consent Terms dated August 30, 2018. The court accepted these terms, leading to the disposal of both the Suit and the Notice of Motion.
Hindustan Unilever Limited v.S.G.K. Industries
Hindustan Unilever Limited filed a suit against S.G.K. Industries alleging infringement and passing off related to its 'SPLAT' trade mark used in detergent preparations. The Bombay High Court granted an interim injunction restraining the defendant from using the infringing marks pending final disposal of the suit.
Hindustan Unilever Limited v.S.G.K. Industries
Hindustan Unilever Limited filed a Notice of Motion against S.G.K. Industries alleging infringement and passing off related to the 'SPLAT' trade mark used for detergent preparations. The Bombay High Court granted interim injunctions restraining the defendant from using any identical or deceptively similar marks, pending final disposal of the suit.
M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Kovai Thalappakattu Biriyani & Fresh juice
The Madras High Court dismissed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Kovai Thalappakattu Biriyani & Fresh juice. The original suit sought permanent injunction and damages for passing off, alleging that the defendant was deceptively using a similar trade mark. However, the plaintiff subsequently withdrew the suit with the court's permission, leading to its dismissal.
Shree Vari Multiplast India Pvt. Ltd v.Deputy Controller Of Patents & Designs
The petitioner challenged the registration of Design No. 242843 (Sunday Chair) on grounds that it lacked novelty or originality as it resembled known designs. The respondent argued that the design was unique, aesthetically pleasing, and distinct from prior art. The High Court upheld the Deputy Controller's order, finding the registered design to be novel and original.
Hindustan Unilever Limited v.Suchit Industries
Hindustan Unilever Limited filed a suit against Suchit Industries alleging infringement related to the soap brand 'Karan'. The defendant, Suchit Murkute, admitted manufacturing soaps under the brand but undertook not to use the splat logo in the future. The Court granted leave and decreed the suit based on these undertakings.
Hotel Panchavati Gaurav v.Saikadam Foods And Beverages Pvt. Ltd.
Hotel Panchavati Gaurav filed an IP suit against Saikadam Foods And Beverages Pvt. Ltd. for infringing its registered trademarks and copyrights associated with the name PANCHAVATI GAURAV. The Bombay High Court granted leave, decreed the suit, and passed a perpetual injunction restraining the defendant from using similar marks or labels.
Hindustan Unilever Ltd. v.Rds Industries
Hindustan Unilever Ltd. filed an IP Suit against Rds Industries alleging infringement of its registered trademarks, specifically the 'Device of SPLAT' mark used in detergent preparations. The court granted leave and passed an order restraining the defendant from using any identical or deceptively similar marks pending the final hearing of the suit.
Kyorin Pharmaceutical Co., Limited v.Assistant Controller of Patents and Designs, Government of India
Kyorin Pharmaceutical appealed the rejection of its tablet patent application (No.5360/CHENP/2010), which cited lack of inventive step and non-patentability. The court found that since a process patent for manufacturing the tablet had already been granted, the respondent was estopped from rejecting the product patent on grounds of lacking inventive steps. However, the matter regarding Section 3(e) non-patentability was remitted for fresh consideration.
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