IP Cases — 2018
210 decisions across all jurisdictions
Page 7 of 7 · 210 total
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.
M/s.Lyca Productions v.J.Manimaran
M/s. Lyca Productions filed an appeal seeking an injunction against J. Manimaran (and others) for allegedly infringing on their film title 'KARU', which they claimed to have registered with a Film Producers Guild in 2011. The core dispute revolved around whether this guild registration conferred exclusive rights over the title, especially when the opposing party had also invested heavily and was readying its release. The Madras High Court ultimately allowed the appeal, ruling that such guild registration does not grant exclusive use of the title without statutory backing.
Upl Limited v.Pradeep Sharma & Anr
Upl Limited filed a suit claiming infringement of three patents related to a stable synergistic herbicidal composition (Sulfosulfuron + Metsulfuron Methyl WG). The defendants challenged the validity of these patents. The court found that the plaintiff had made out a strong prima facie case and granted an interim injunction.
M/s.Power Soaps Limited v.M/s. C M Detergent
M/s. Power Soaps Limited filed a suit against M/s. C M Detergent alleging infringement of its registered trademarks ('DK' and 'POWER') and copyright violation concerning the use of deceptively similar marks on detergent wrappers. The plaintiff sought perpetual injunctions, destruction of infringing materials, and accounts of profits. However, the plaintiff subsequently instructed their counsel to withdraw the suit, leading the court to dismiss the case.
Kalpesh R Jain And 2 Ors v.Mandev Tubes Private Limited
Mandev Tubes Pvt. Ltd. filed a commercial suit alleging that Hariom Metals & Tubes (the appellants) infringed its registered design for copper tubes, specifically claiming imitation of the unique bell-shaped ending. The plaintiff asserted substantial goodwill and market presence under trademarks like 'MT ECO SELF CONNECT'. However, the Bombay High Court dismissed the appeal filed by the defendants, upholding the single judge's finding that the plaintiff had demonstrated a prima facie case of infringement and passing off.
Sun Pharma Laboratories Ltd v.Lupin Ltd & Anr
The Delhi High Court confirmed an interim injunction in favor of Sun Pharma Laboratories Ltd against Lupin Ltd and others. The court found that the defendant's trade mark, TRI-VOBIT, was structurally and phonetically similar to the plaintiff’s registered mark, TRIVOLIB. Despite arguments regarding prior use of 'VOBIT,' the court ruled that the full marks must be compared, establishing a prima facie case for trademark infringement and passing off.
Sphaera Pharma, Pte. Ltd And Anr. v.Union Of India And Anr.
The petitioner filed a petition seeking directions to restore its Indian Patent Application (No. 3584/DELNP/2015) for examination, which had been treated as abandoned due to failure to file the request within the prescribed time limit. The court examined the mandatory nature of the statutory deadlines and ruled against the petitioner's plea for restoration.
Brihan Karan Sugar Syndicate Private Limited v.Karmaveer Shankarrao Kale Shahakari Sakhar Karkhana Limited
This appeal before the Bombay High Court challenged a trial court order that restrained the appellants from using the artistic label 'Military Santra' for selling country liquor. The appellants argued that the respondent-plaintiff had prior knowledge of the label since 2005 and was therefore acquiescent, invalidating the injunction. Furthermore, they contended that their own usage since 1975 established their copyright in the artwork. The High Court allowed the appeal, setting aside the restrictive order and directing the trial court to expedite the disposal of the main Copyright Suit.
Aquapump Industries & Aquasub Engineering v.Texmo Industries
This Madras High Court judgment records a settlement reached between Aquapump Industries, Aquasub Engineering (Plaintiffs), and Texmo Industries (Defendant) regarding trademark infringement. The original suit sought permanent injunctions against the unauthorized use of the 'TEXMO' mark on various pump products and claimed damages/accounts of profits. Both parties successfully mediated their dispute, leading the court to decree the suit based on the terms of the Mediation Agreement dated February 21, 2017.
M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Thalappakattu Briyani
The Madras High Court addressed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Thalappakattu Briyani, which sought permanent injunction and damages for passing off the plaintiff's trade mark. However, before any substantive hearing on the merits of the infringement claim could take place, the plaintiff chose to withdraw the suit. Consequently, the court dismissed the case as withdrawn.
Mohammed Mohideen (representing M/s.Kalanjiyam Cut Piece) v.M/S.New Kalanjiyam Readymade
The Madras High Court dismissed the interim injunction applications filed by M/s.Kalanjiyam Cut Piece against M/S.New Kalanjiyam Readymade, despite allegations of trademark infringement and passing off. The court noted a significant delay in filing the suit after receiving cease and desist notices from the defendant. Consequently, the judge found it inappropriate to grant an interim injunction at that stage, allowing the main suit to proceed for trial.
M/s Crocs Inc.Usa v.M/s Liberty Shoes Ltd.
The plaintiff, M/s Crocs Inc.Usa, filed suits seeking permanent injunction against various defendants for infringing its registered designs (Nos. 197685 and 197686) related to footwear. The court heard and disposed of the interim injunction applications in favor of the defendants.
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.
M/S. Aero Club v.Mr. Sahibjeet & Anr.
M/S. Aero Club filed a suit alleging that Mr. Sahibjeet and others were selling counterfeit products bearing its trademarks, including WOODLAND, TREE DEVICE, and Woodland Label. The plaintiff claimed extensive use of these marks for over 25 years in manufacturing footwear and apparel. After the defendants failed to enter an appearance or file a written statement, the court found they had no real prospect of defending the claim.
M/S.Unisept Nourishments Private Limited v.M/S.KTC Ventures
This Madras High Court judgment records a compromise settlement between M/S.Unisept Nourishments Private Limited and M/S.KTC Ventures regarding trademark infringement of 'LASSI HOUSE'. The parties agreed to drop the suit in exchange for specific terms, including a permanent injunction against passing off, payment of Rs. 1 lakh by the defendant, and mandatory changes to the defendant's branding (displaying 'KTC VENTURES' below 'Lassi House').
Unilin Beheer B.V. v.Balaji Action Buildwell
The dispute involved a suit for patent infringement filed by Unilin Beheer B.V. against Balaji Action Buildwell. The defendant sought a stay of proceedings, arguing that they had initiated revocation proceedings before the IPAB under Section 64 of the Patents Act, 1970. The court addressed the issue of concurrent jurisdiction and granted liberty to the defendant to withdraw the IPAB proceedings and file a Counter-Claim in the suit.
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.
Lens. Com, Inc. v.Ju J Friend International
The Delhi High Court reviewed an arbitration award concerning a domain name dispute under NIXI's INDRP. The court struck down the arbitrary direction to confiscate the disputed domain name, ruling that such power was outside the scope of the policy. However, the court clarified that merely cancelling the registration does not automatically grant ownership to the petitioner; the complainant must independently prove their rights in the generic term 'lens'.
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.
M/S Mont Blanc Simplo Gmbh v.Gaurav Bhatia And Ors
In this contempt petition filed by Mont Blanc against Gaurav Bhatia and others, the Delhi High Court addressed procedural issues related to enforcement. The court upheld the maintainability of the contempt action despite the availability of execution remedies, citing Supreme Court precedent (Rama Narang). Furthermore, the court granted directions for a local commission, appointing several advocates to inspect premises, inventory counterfeit products sold on www.montblancwriting.com, and seize infringing goods in violation of prior injunctions.
Marina Food Products Private Limited v.Britannia Industries Limited
The Delhi High Court upheld an ex-parte injunction granted by the Trial Court against Marina Food Products Private Limited for using the trademark 'MARIE' in relation to biscuits. The court found that the initial order met the legal requirements under Order 39 Rule 3 of the CPC, as sufficient reasons were recorded regarding potential public confusion and harm. Furthermore, the appeal challenging the jurisdiction of the Delhi Courts was dismissed, confirming the trial court's authority to proceed with the trademark infringement suit.
Kleenage Products (India) Pvt.Ltd v.The Registrar Of Trade Marks And Anr
The Bombay High Court ruled in favor of Kleenage Products, directing the Registrar of Trade Marks to restore and renew the trademark 'KLITOLIN'. The core issue was whether the mandatory prior notice (Form O-3) under Section 25(3) of the Trade Marks Act, 1999, had been issued before the mark's removal. Since the respondents could not provide documentary evidence proving the issuance of this critical notice, the Court held that the removal was illegal and allowed the petitioner to renew the trademark.
Ansari Bilal Ahmadlal Mohd. (Appellant) v.Shafeeque Ahmed Mohammad Sayeed (Respondent-Plaintiff)
The Bombay High Court dismissed the defendant's commercial appeal, upholding the original plaintiff's claim of passing off. The court found that a strong prima-facie case existed for passing off, despite differences in calligraphy and design elements. Considering the target audience—laborers with imperfect recollection—the court ruled that the defendant's use of 'SUKOON' was deceptively similar to the plaintiff's established brand, thereby protecting the plaintiff's proprietary rights.
M/S Ravinder Singh & Sons v.M/S Evergreen Publications (India) Ltd & Anr.
The appeal challenged an interim injunction restraining M/S Ravinder Singh & Sons from publishing ICSE Class-X Examination Question Papers. The respondent had purchased the copyrights for these papers, and the court found that the appellant's publication was a near reproduction of the copyrighted material, including answers, thus constituting infringement.
M/S Zihwa Foods Pvt Ltd v.M/S G D Foods Manufacturing (India) Pvt Ltd
The Delhi High Court dismissed an appeal filed by M/S Zihwa Foods Pvt Ltd challenging a single judge's order. The appellant had sought to reject the original suit for permanent injunction on the grounds that the plaintiff lacked a registered trademark in Class 30, making the infringement claim unsustainable. The court upheld the initial decision, noting that when adjudicating an application under Order VII Rule II CPC (rejection of plaint), the court must rely solely on the averments made in the plaint.
M/s. Shell India Markets Private Limited v.Income Tax Department (represented by ITO International Taxation)
The assessee, Shell India Markets Private Limited, challenged the tax department's order holding that payments made for accessing copyrighted software constituted royalty and were liable for TDS. The Tribunal examined whether the payment was for a mere user right or a transfer of copyright rights. Following precedents favoring the assessee (specifically citing the Delhi High Court), the Tribunal held that the sale/transfer of software in this context is not taxable as royalty. Consequently, the appeal was allowed, and the assessee was found not liable to deduct tax at source.
Pentel Kabushiki Kaisha v.M/S Arora Stationers
Pentel Kabushiki Kaisha filed a suit alleging piracy of its registered design (No. 263172) for ball point pens against M/S Arora Stationers, seeking permanent injunctions and damages. The court was asked to consider an interim injunction application based on the alleged infringement under the Designs Act, 2000. However, the Court dismissed the application, finding that the plaintiffs failed to demonstrate substantial newness or originality in their design.
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.
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.
M/S Bombay Plaster Industries v.M/S Jagdamba Plaster
M/S Bombay Plaster Industries appealed a trial court order that rejected its application for a temporary injunction against M/S Jagdamba Plaster, alleging infringement of its 'Hi-Tech' trademark and copyright. The appellant claimed its label had acquired significant goodwill and was being deceptively copied by the respondents using similar labels like 'Hi-Techi' and 'I-Tek'. However, the High Court dismissed the appeals, finding no manifest error in the trial court's decision regarding the temporary injunction, while directing the lower court to expedite the main suits.
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