Year

IP Cases — 2019

328 decisions across all jurisdictions

By jurisdiction: India 328 European UPC 0 US PTAB 0
By type: trademark 179 patent 116 design 17 copyright 16

Page 10 of 11 · 328 total

trademark plaintiff favorable · Feb 5, 2019

Meena Prints Pvt. Ltd. v.Vahini Enterprises And Anr.

Bombay High Court · 169510274

The plaintiff, Meena Prints Pvt. Ltd., filed a suit against Vahini Enterprises and others alleging infringement of its registered trade mark 'Meena Prints' (Reg. No. 967504) and copyright in the mark. The court granted permanent injunctions restraining the defendants from infringing or passing off goods using similar marks.

trademark defendant favorable · Feb 5, 2019

Ngk Spark Plug Co. Ltd. v.Union Of India & Ors.

Delhi High Court · 64412053

Ngk Spark Plug Co. Ltd. sought to rectify the corporate name of NTK Bearings Private Limited, arguing that the company's use of 'NTK' infringed upon Ngk's registered trademark. The Delhi High Court ultimately dismissed the petition, upholding the Regional Director's rejection. The court emphasized strict adherence to statutory limitations, finding that the petitioner failed to act diligently and waited too long after becoming aware of the opposition and subsequent rejections.

trademark plaintiff favorable · Feb 5, 2019

H & M Hennes & Mauritz Ab & Anr. v.Hnm Traders & Anr.

Delhi High Court - Orders · 193485634

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.

trademark interim order · Feb 4, 2019

Industrial Tools And Hardware v.Naman Arora and Sandeep Garg

Bombay High Court · 85973056

The plaintiff filed a Commercial IP Suit alleging that the defendants infringed their registered trademark and manufactured identical products using the plaintiff's marks. The court observed the infringement and granted an interim order restraining the defendants from manufacturing, marketing, or selling goods bearing deceptively similar marks.

trademark plaintiff favorable · Feb 4, 2019

Trans Union Cibil Ltd. v.Chetani Manufacturing and Trading Pvt. Ltd.

Bombay High Court · 157352141

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.

trademark settled · Feb 1, 2019

M/s.Bombay Pen Depot v.M/s.Linc Pens And Plastics Ltd

Madras High Court · 128458248

The Madras High Court disposed of the trademark infringement suit between M/s. Bombay Pen Depot and M/s. Linc Pens And Plastics Ltd by accepting a Memorandum of Compromise (MOC). Under the terms, the Plaintiff assigned its registered trademarks (PENTONIC) to the First Defendant for a consideration of INR 15 lakhs. In exchange, the Plaintiff agreed to withdraw oppositions against the defendant's trademark applications and cease using the mark after a specified date.

trademark mixed · Jan 31, 2019

Travellers Exchange Corporation Limited v.Celebrities Management Private Limited

Delhi High Court · 122584720

This Delhi High Court judgment addressed a dispute over territorial jurisdiction concerning a suit for trademark infringement and passing off. The defendant challenged the court's authority, arguing that since both parties had connections to Mumbai, the case should have been filed there based on precedents like Sanjay Dalia. However, the court ultimately held that the interpretation of Sections 62 and 134 of the Trademarks Act, conferring 'additional jurisdiction,' is distinct from the general provisions of Section 20 of the CPC, thereby upholding the court's territorial competence.

patent defendant favorable · Jan 31, 2019

Rubinetterie Bresciane Bonomi Spa v.M/S.Lehry Instrumentation & Valves Pvt. Ltd.

Madras High Court · 160066836

This case involves an Italian company, Rubinetterie Bresciane Bonomi Spa, which filed a suit against M/S.Lehry Instrumentation & Valves Pvt. Ltd. for passing off its trademark and design mark used on brass ball valves. The dispute escalated when the appellant challenged procedural orders passed during the trial process. The Madras High Court ultimately dismissed the appeal, holding that the impugned interlocutory orders did not qualify as 'judgments' under the Letters Patent, thereby rendering the appeals non-maintainable despite the provisions of the Commercial Courts Act.

copyright settled · Jan 31, 2019

Mr.Babu Xavier v.M/s.Feather Touch Entertainments

Madras High Court · 199853638

Mr. Babu Xavier filed a civil suit against M/s. Feather Touch Entertainments and others seeking financial compensation and permanent injunction regarding the film 'VAA DEAL Tamil'. The court first established its jurisdiction under the Commercial Courts Act, 2015, as the dispute involved intellectual property rights (copyright) related to the cinematograph film. Subsequently, both parties submitted a Joint Memorandum of Compromise, leading the court to pass a summary judgment based on the settlement terms.

trademark dismissed · Jan 30, 2019

Parthasarathy Seniammal Educational Trust v.V.Rangasamy Naidu Educational Trust

Madras High Court · 134150749

This appeal before the Madras High Court addressed a dispute between two educational trusts regarding alleged trademark infringement and passing off. The appellants argued that mere abbreviations should not be considered infringement, while the respondents maintained that the single judge's decision was sound. The court ultimately dismissed the appeal but left all substantive issues open for resolution in the pending injunction application.

trademark mixed · Jan 30, 2019

Institute For Inner Studies & Ors v.Charlotte Anderson & Ors

Delhi High Court - Orders · 104354996

This Delhi High Court order addresses a dispute concerning the exclusive rights over the name and practices of 'Pranic Healing'. The defendants argued that these terms and concepts were pre-existing since 1904, forming part of traditional knowledge available in the public domain, and thus incapable of protection under existing IP laws. The court directed specific defendants to file an affidavit detailing their position before further arguments.

trademark plaintiff favorable · Jan 30, 2019

Srmb Srijan Private Limited v.Shreegopal Concrete Private Limited

Calcutta High Court · 122051776

The Calcutta High Court granted an interim injunction in favor of Srmb Srijan Private Limited against Shreegopal Concrete Private Limited. The dispute centered on the 'X-Ribs' surface pattern used on TMT bars, which the plaintiff claimed constituted a distinctive trade dress and trademark acquired through long use and extensive marketing. The court found a strong prima facie case for passing off, noting that the defendant was using an identical imitation of the plaintiff's unique product indicia. This ruling reinforces the protection afforded to unregistered trade dress when demonstrating consumer association.

patent dismissed · Jan 29, 2019

Sae India v.Delta Inc.

Madras High Court · 123301927

Sae India filed a civil suit against Delta Inc., alleging multiple infringements, including trademark violation (SAE INDIA, BAJA), copyright infringement related to standards and rules, and passing off. The plaintiffs sought permanent injunctions and damages. However, both parties agreed that the defendant had ceased all business operations, leading the plaintiffs to withdraw the suit.

trademark interim order · Jan 29, 2019

Pidilite Industries Limited v.Golden Glue and others

Bombay High Court · 123713800

Pidilite Industries Limited filed a Commercial IP Suit against Golden Glue and others alleging passing off. The court granted leave under Clause XIV of the Letters Patent Act and also passed an interim order granting injunctions to protect the plaintiff's brand identity and packaging design.

trademark interim order · Jan 29, 2019

Pidilite Industries Limited v.Golden Glue and others

Bombay High Court · 100902895

Pidilite Industries Limited filed a Commercial IP Suit against Golden Glue and others alleging passing off related to its FEVICRYL product line. The court granted leave under Clause XIV of the Letters Patent Act and also passed an interim order granting specific injunctions.

trademark mixed · Jan 29, 2019

S.S White Burs,Inc v.S.S. WHITE DENTAL PVT LTD

Delhi High Court - Orders · 165973541

The Delhi High Court addressed ongoing trademark disputes between S.S White Burs,Inc and S.S. White Dental Pvt Ltd, which had previously been stayed pending decisions by the Intellectual Property Appellate Board (IPAB). Noting significant delays due to the non-appointment of technical members at IPAB, the court issued directions. The parties were directed to seek a status report from the Department of Industrial Policy & Promotion (DIPP) regarding the appointment process, highlighting the potential harassment and delay faced by litigants.

trademark interim order · Jan 28, 2019

Procter And Gamble Home Products Pvt. Ltd. v.Kani Soap Works

Bombay High Court · 152200491

The Plaintiff filed a Commercial IP Suit alleging that the Defendant was using the Plaintiff's trade dress and label on detergent powder with clear intent to infringe the mark and pass off goods. The Court granted leave under Clause XIV of the Letters Patent Act and passed an ad-interim order restraining the Defendant from using the ARIEL ATOMIUM and TIDE marks/trade dress pending final disposal of the suit.

trademark plaintiff favorable · Jan 28, 2019

Hindustan Unilever Ltd. v.J.K.Enterprises

Bombay High Court · 6183154

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.

copyright plaintiff favorable · Jan 24, 2019

Kinjal Lalitbhai Dave v.Red Ribbon Entertainment Private Limited

Gujarat High Court · 99884592

This appeal challenged an ex parte injunction granted by the Commercial Court regarding copyright infringement of the song "Char Bangadi Wari Gaadi." The appellant argued that the trial court failed to record reasons demonstrating how delaying the injunction would defeat its object, violating Order XXXIX Rule 3 CPC. While the respondent cited the appellant's delay in responding to the notice, the High Court ultimately allowed the appeal, quashing the impugned order and directing the parties to proceed with filing replies, emphasizing that statutory compliance cannot be treated as a mere formality.

design defendant favorable · Jan 24, 2019

M/S Crocs Inc Usa v.M/S Bata India Ltd & Ors

Delhi High Court · 38584045

Crocs Inc filed multiple suits alleging infringement of its registered designs (No.197685 and No.197686) by various defendants, including Bata India Ltd. Crocs claimed exclusive rights over the unique shape and pattern of its footwear designs, supported by extensive global trade and goodwill. The present appeal challenged the dismissal of Crocs' applications in these pending suits. However, the High Court dismissed the appeals, directing that all related suits be listed together for further proceedings.

trademark interim order · Jan 24, 2019

Hindustan Unilever Ltd. v.Nashirbhai Mohmedali Mansuri And Anr

Bombay High Court · 19960724

Hindustan Unilever Ltd. filed a Commercial IP Suit against Nashirbhai Mohmedali Mansuri and others alleging infringement of its well-known trademark 'Vim', associated logos, and trade dress. The court granted the leave petition and passed an interim order.

patent plaintiff favorable · Jan 24, 2019

DSM Sinochem Pharmaceuticals Netherlands B.V & Anr. v.Sinopharm Weiqida Pharmaceutical Co (WQD) & Anr.

Delhi High Court · 19535625

The suit was filed seeking permanent injunction against infringement of a process patent related to 'Amoxicillin Trihydrate'. The application before the court sought contempt proceedings due to alleged violation of an earlier interim order. The court found that the defendant's manufacturing process was virtually identical to the patented process, thus violating the interim restraint.

patent plaintiff favorable · Jan 24, 2019

Bayer Intellectual Property Gmbh & Anr v.Mn Reddy & Anr

Delhi High Court - Orders · 142902511

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.

patent In favor of Plaintiff · Jan 23, 2019

Merck Sharp & Dohme Corp v.Rshyamala Ranganathan

Delhi High Court - Orders · 114656465

The plaintiffs filed a suit for permanent injunction against the defendants for infringement of their registered patent. The defendants stated they have never manufactured the products in question and agreed to the decree.

patent defendant favorable · Jan 23, 2019

Bayer Intellectual Property Gmbh v.Dr. Abhijit Mukherjee

Delhi High Court - Orders · 146891470

Bayer sought execution of a prior judgment restraining Dr. Abhijit Mukherjee and others from commercially launching 'RIVAROXABAN' during the lifetime of Patent IN 211300. The court accepted an undertaking from the defendants, including representatives of Dr. Reddy's Laboratories Limited, that they would not make commercial use of the product until the patent expires.

design mixed · Jan 21, 2019

Mahesh Gupta v.Dheeraj Kumar

Delhi High Court - Orders · 189796159

This order in CS(COMM) 341/2017 addresses allegations of design infringement concerning the 'AQUA GRANDE' water purifier. Despite the defendants claiming they had stopped using the impugned trademark, the court noted evidence showing the sale of the infringing product through a third party, Mannat Electronics. Consequently, the court directed the defendants to file an affidavit clarifying their connection with this seller and detailing their sales turnover for the financial year 2018-19.

trademark interim order · Jan 21, 2019

Meena Prints Pvt. Ltd. v.Sri Sai Bhavani Handloom House and others

Bombay High Court · 71839576

The petitioner, Meena Prints Pvt. Ltd., filed a commercial IP suit against Sri Sai Bhavani Handloom House and others alleging passing off of its registered trademark "Meena Prints". The court granted a temporary order restraining the defendants from using deceptively similar marks like "Meera Prints" pending the final hearing.

patent interim order · Jan 21, 2019

Biogen International Gmbh v.Jayesh Shah

Delhi High Court - Orders · 17084126

The court passed an order disposing of several applications filed by both parties. The existing interim injunction was confirmed, and the defendant was permitted to sell their existing stock of 'DYFIRA' under specific conditions. This permission required the defendant to furnish a bank guarantee of Rs.30 lacs to secure potential damages.

patent defendant favorable · Jan 21, 2019

Sahaya Sujith Kumar v.A.Jordan

Madras High Court · 193507342

The petitioner challenged the rejection of his application filed under Order 7 Rule 11(a) of CPC, arguing that the suit was barred by the Patents Act because the respondent's patent rights were pending. The respondent argued the suit was an injunction based on breach of trust and non-disclosure agreement, not infringement.

trademark interim order · Jan 21, 2019

Wockhardt Limited v.Chematac Pharmaceuticals

Bombay High Court · 31593348

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.

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