IP Cases — 2019
339 decisions across all jurisdictions
Page 1 of 12 · 339 total
M/s. Nagarjuna Agro Chemicals Pvt. Ltd. v.M/s. Sai Agrotech, F.M.D. (Farm Machinery Division)
M/s. Nagarjuna Agro Chemicals Pvt. Ltd. filed applications for review against a previous judgment that had allowed a license request for Light Trap Equipment to be rejected by NCIPM. The court reviewed the matter, considering the involvement of the review applicant in an earlier agreement with ICAR regarding the licensed technology.
M/s Genentech Inc. v.Drugs Controller General Of India
Genentech Inc. appealed an interim order passed by the Delhi High Court which had altered the protective conditions previously set by the Single Judge concerning the launch of the biosimilar drug 'TrastuRel' (manufactured by Reliance Life Sciences Pvt. Ltd.). The dispute centered on Genentech's patent rights over the monoclonal antibody drug 'Trastuzumab'.
M/s.Aarumugaa Industries Partnership Firm v.Murugan Metal
M/s.Aarumugaa Industries filed a civil suit against Murugan Metal alleging infringement of its registered trademark 'MURUGAN' and associated copyright. The plaintiff sought permanent injunctions, surrender of infringing stocks, and accounting of profits due to deceptive similarity in branding. Ultimately, both parties reached a compromise, leading the Madras High Court to decree the suit based on the terms of the memorandum.
M/s.Aarumgaa Industries v.Murugan Metal
M/s. Aarumgaa Industries filed a civil suit against Murugan Metal and others, alleging infringement of its registered trademark 'MURUGAN' and associated copyright. The plaintiff sought permanent injunctions to stop the use of similar marks and claims for damages related to passing off. Ultimately, both parties reached a compromise, leading the Madras High Court to decree the suit based on the terms of the memorandum of compromise.
H & M Hennes & Mauritz Ab & Anr. v.Hnm Traders & Anr.
The Delhi High Court granted an interim injunction in favor of Hennes & Mauritz (H&M) against Hnm Traders. The court found a prima facie case of trademark infringement and passing off, noting that the defendants' adoption of 'HnM' was nearly identical to H&M's distinctive style and color schemes. This order prevents the defendant from using any confusingly similar marks or applying for registration until further orders.
M/S Teleecare Network India Pvt Ltd v.M/S Asus Technology Pvt Ltd & Ors
The Delhi High Court ruled in favor of Teleecare Network India Pvt Ltd, finding that Asus Technology and others had infringed upon its trademark rights through passing off. The court determined that the defendant's adoption of 'ZENFONE' was deceptive because it incorporated the plaintiff's dominant mark 'ZEN' for identical goods (mobile phones). Given the plaintiff's prior use, significant market reputation, and large advertising expenditure, the court granted a permanent injunction to prevent further misuse of similar marks.
Shyam Steel Industries Limited v.Shyam Sel And Power Limited & Anr.
This Calcutta High Court judgment addresses a trademark infringement and passing off suit filed by Shyam Steel Industries Limited against Shyam Sel And Power Limited. The plaintiff alleged that the defendants were exploiting its reputation by using 'Shyam' on their TMT bar packaging, despite previous agreements to phase out the mark. However, the court noted the defendant's claim of honest adoption and the common nature of the word 'Shyam'. Consequently, the court declined to grant an immediate injunction but allowed the defendants time to file a detailed affidavit-in-opposition.
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.
Pentel Kabushiki Kaisha v.M/s Arora Stationers
Pentel Kabushiki Kaisha filed suit against M/s Arora Stationers alleging fraudulent imitation of its registered pen design (Design No. 263172). The respondents challenged the validity and novelty of Pentel's design, claiming it was a combination of known designs. However, the High Court ruled in favor of Pentel, emphasizing that since the respondents themselves had applied for registration of a similar design, they could not simultaneously argue against its originality. Consequently, the court found a prima facie case of piracy and granted an interim injunction restraining the respondents from marketing the infringing product.
Flipkart Internet Private Limited v.Somasundaram Ramkumar
The Madras High Court ruled in favor of Flipkart Internet Private Limited against Somasundaram Ramkumar for trademark infringement and passing off. The court found that the defendant was using the deceptively similar mark 'FlippingKart' with mala fide intent to deceive consumers and spoil Flipkart's goodwill. Consequently, the suit was decreed, granting permanent injunctions against the use of the infringing mark and declaring 'FLIPKART' a well-known trademark.
Shri Balaji Industrial Products Limited v.AIA Engineering Limited
The petitioner filed a writ petition seeking a second stay on civil suit proceedings before the Commercial Court, arguing that since they had challenged the patent's validity (IN.248740) under Section 64 of the Patents Act, the commercial court proceedings should be stayed to prevent conflicting orders. The respondent argued against this, citing legal precedents that restrict simultaneous remedies and emphasizing the petitioner's delay in challenging the patent.
M/S Khushi Ram Behari Lal (later M/s. KRBL Ltd.) v.M/S Jaswant Singh Balwant Singh
The Delhi High Court set aside a previous decision by the Intellectual Property Appellate Board, favoring the petitioner in a trademark dispute over the 'TRAIN BRAND.' The court found that the respondent failed to prove prior use of the mark, particularly noting discrepancies and alleged forgery in the invoices presented. Consequently, the application for registration of the 'TRAIN' brand for basmati rice was allowed to proceed.
Sugen Inc. v.K.V. Prakash & Ors
The petitioner (Decree Holder) filed an application alleging that the respondents (Judgment Debtors), including K.V. Prakash, SP Accure Labs Pvt. Ltd., and Accure Labs Pvt. Ltd., were violating a permanent injunction decree by making, selling, or dealing in products infringing Indian Patent No. 209251. The petitioner specifically cited the marketing of medicines named SUNIT 50 and SPUNIT 25. The court directed JD No.1 to appear in person for further inquiry.
Wockhardt Limited v.Chematac Pharmaceuticals
Wockhardt Limited filed a Commercial IP Suit against Chematac Pharmaceuticals alleging passing off due to deceptively similar packaging. The court granted leave and passed an interim order restraining the defendant from using packaging that could mislead consumers into believing their product was associated with Wockhardt.
Trustees, Jesus Redeems Ministries v.The Bible Society of India
The plaintiff Trust printed the Holy Bible in Tamil language. The defendant sent a Cease and Desist notice alleging copyright infringement. The plaintiff argued that no existing copyright subsists in the joint authorship work (Bower Version) after the statutory period, and the threat was groundless. The court ruled in favor of the plaintiff.
Jhs Svengard Laboratories Limited v.Ranir Llc & Anr.
The Delhi High Court addressed a dispute concerning the unique ornamental design of toothbrushes, where JHS Svengard Laboratories claimed exclusive rights over its 'CURVY' design. The court noted that the Plaintiff sought an injunction against Defendants selling similar products and had previously initiated a trademark cancellation action against one of the defendants. Recognizing the interconnected nature of the claims, the Court ordered the transfer of the pending trademark cancellation petition to be heard alongside the current infringement suit.
M/s.Ambika Appalam Company v.Nandi Food Products
M/s. Ambika Appalam Company filed a civil suit against Nandi Food Products, alleging infringement of its registered trademark 'AMBIKA APPLAM' and copyright over the associated artistic work and trade dress. The plaintiff sought perpetual injunctions and damages due to the defendant's use of similar labels like 'AMBUJA APPALAM'. However, before the court could rule on the merits, the plaintiff chose to withdraw the civil suit.
asian paints limited v.jain paints
Asian Paints Limited sued Jain Paints for trademark infringement concerning the marks 'APEX', 'GOLD DRY APEX', and 'AZPER' used on exterior emulsion paints (Class 02). Defendant No. 2 admitted in their written statement that a stay would not significantly impact them as they were not manufacturing, marketing, or selling the infringing goods.
Hotel Panchavati & Anr. v.Hotel Panchvati & Anr.
The Bombay High Court granted ad-interim relief in a trademark infringement and passing off suit filed by Hotel Panchavati & Anr. The court recognized the Plaintiffs' well-known reputation and goodwill associated with the 'PANCHAVATI' marks in the hospitality sector. Finding that the Defendants were using deceptively similar marks and domain names, the Court issued an injunction restraining their continued use of these marks and directed them to remove all infringing materials within three days.
M/S Parle Products Pvt Ltd & Anr. v.M/S B&B Bake Pvt Ltd
The Delhi High Court overturned an injunction restraining the appellant from using 'AMERICANA' for butter cookies. The court held that since 'AMERICANA' is a common dictionary word, its legal protectability is lesser, especially when it is not registered exclusively by the plaintiff. Furthermore, the court found no prima facie case of passing off because the products (cookies vs. burger buns) had distinct looks and packaging, making consumer confusion unlikely. The matter was remanded for further proceedings.
Bayer Intellectual Property Gmbh & Anr v.Mn Reddy & Anr
The dispute involved allegations of patent infringement concerning the drug RIVAROXABAN (Patent No. 211300). The parties reached a settlement, leading to a decree in favour of the plaintiff.
Hotel Panchavati v.Shree Panchvati Veg Restaurant
The Plaintiffs filed a suit against the Defendants alleging infringement and passing off related to their well-known 'Panchavati' marks. The court decreed the suit, granting perpetual injunctions against the Defendants for using similar marks like 'Shree Panchvati'. Furthermore, Defendant No. 1 was directed to pay Rs. 10 Lacs.
Hindustan Unilever Ltd. v.Mahabir Enterprises
Hindustan Unilever Ltd. filed a commercial IP suit against Mahabir Enterprises alleging infringement of its copyrighted artistic packaging/trade dress and misuse of the 'Sunlight' trade mark in detergent products. The Bombay High Court granted permanent injunctions restraining the defendant from infringing the copyright and passing off, while also imposing a fine of Rs. 5,00,000/-.
Steer Engineering Private Limited v.Glaxosmithkline Consumer Healthcare Holdings (US)LLC; Glaxosmithkline Consumer Healthcare (UK) IP Limited; Glaxosmithkline Consumer Healthcare (UK) Trading Limited; Smithkline Beecham Limited
Steer Engineering Private Limited (appellant) filed a commercial appeal seeking an interim injunction against Glaxosmithkline Consumer Healthcare (respondents). The appellant claimed infringement of its copyright and trade secrets related to proprietary extrusion technology used for nutritional beverages. The High Court dismissed the appeal, finding that the appellant failed to establish a prima facie case for granting temporary relief.
Less Than Equals Three Services Pvt. Ltd. v.Paras Mehra & Ors
The dispute involves Less Than Equals Three Services Pvt. Ltd., which alleges that its founders and employees established a competing business using the source code and MySQL database of the petitioner's website, quickcompany.in. The core legal challenge raised by the defendants was whether the company could maintain a copyright infringement suit without clearly pleading the identity of the author and an agreement vesting the rights in the company. The court analyzed this issue against previous judgments, ultimately finding that the plaintiff's disclosures were sufficient to overcome the preliminary objection.
Unilever Plc v.Kanha Dairy and Food Products
Unilever Plc filed a Commercial IP Suit against Kanha Dairy and Food Products alleging infringement and passing off related to the 'FEAST' trademark. The court granted leave under the Letters Patent Act and decreed the suit, restraining the defendant from using the infringing mark and ordering the destruction of all related materials.
Glenmark Pharmaceuticals Ltd. v.Modi Mundipharma Beauty Products Private Limited
In this interim application, Glenmark Pharmaceuticals sought clarification regarding a previous court order concerning the use of the trademark 'CANDID'. The Bombay High Court addressed the request by formalizing an undertaking from Defendant No. 1. This ruling reinforces the immediate injunctive relief against the defendant, requiring them to cease importing or distributing goods under the disputed mark while the main litigation proceeds.
M/s.Murugan Metal Industries v.Murugan Metal
M/s.Murugan Metal Industries filed a civil suit against Murugan Metal alleging multiple infringements, including unauthorized use of the registered trademark 'MURUGAN' and its associated copyrighted artistic label. The plaintiffs sought permanent injunctions to stop the infringing activities and demanded surrender of stocks and accounts of profits. Ultimately, both parties reached a compromise, leading the Madras High Court to decree the suit based on the terms of the memorandum.
Hindustan Unilever Ltd. v.J.K.Enterprises
Hindustan Unilever Ltd. filed a Commercial IP Suit against J.K.Enterprises regarding trademark infringement related to detergent powder. The Bombay High Court granted leave and passed an order restraining the Defendant from manufacturing, marketing, or selling goods using marks similar to the Plaintiff's distinctive trademarks WHEEL and Device of SPLAT.
The Regents Of The University Of California v.Union Of India & Ors.
The petitioner challenged the Assistant Controller's decision to reject its patent application for 'Enzalutamide', citing lack of inventive steps. The petitioner further argued that the rejection was vitiated because the Controller failed to address or refer to crucial expert affidavits and scientific documents presented during the proceedings.
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