IP Cases — 2019
328 decisions across all jurisdictions
Page 11 of 11 · 328 total
Meena Prints Pvt. Ltd. v.Sri Sai Bhavani Handloom House and others
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 an interim order restraining the defendants from using deceptively similar marks like "Meera Prints" on textile goods.
patanjali ayurved ltd v.axiom ayurveda
Patanjali Ayurved Ltd. sued Axiom Ayurveda for trademark infringement, alleging that Axiom was using the terms 'endorsed by Maharishi Patanjali Ayurved Foundation Trust' and 'endorsed by Maharishi Patanjali Yogpeeth Foundation Trust' on their products, creating a deceptive association with Patanjali’s trademarks PATANJALI and PATANJALI AYURVED. The plaintiff claimed significant revenue (approximately Rs. 9,000 crores) and widespread distribution of its products under the contested marks.
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.
Meena Prints Pvt. Ltd. v.Tata Kumar Swamy and Anr.
The petitioner, Meena Prints Pvt. Ltd., filed a suit against the respondents alleging infringement and passing off related to its registered trade mark 'Meena Prints' and copyright in its artistic work. The court granted permanent injunctions restraining the defendants from using deceptively similar marks and ordered them to pay damages/costs.
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.
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.
Bennett, Coleman & Company Limited & Anr. v.Mr. Ajay Kumar & Ors.
The Delhi High Court granted an interim injunction in favor of Bennett, Coleman & Company Limited (Times Group) against the defendants for infringing their intellectual property rights. The plaintiffs alleged that the defendants were illegally making available electronic copies of 'The Times of India' and 'The Economic Times,' as well as using the plaintiff's logo on their website without authorization. The court found a prima facie case of infringement and passing off, leading to an order restraining the use of the trademarks and copyrighted works, and directing the locking of the infringing domain name.
Nv Distilleries Pvt. Ltd. v.A.D.S Spirits Pvt. Ltd.
In this commercial suit concerning trademark and copyright infringement, the Delhi High Court allowed Nv Distilleries Pvt. Ltd. to file crucial additional documentation. The plaintiff sought permission to submit legal proceedings certificates and invoices related to their BESTO whisky brand. After considering arguments from both sides, the court granted leave for the documents to be taken on record, provided the plaintiff pays a cost of Rs. 15,000/-.
Associated Chemicals v.Associated Chemicals Corporation
In a commercial IP suit, the Bombay High Court mediated a settlement between Associated Chemicals and Associated Chemicals Corporation. The parties mutually agreed to allow both entities to continue using their respective trademarks—"Associated Chemicals" and "Associated Chemicals Corporation"—without objection. Furthermore, the Defendant agreed to remove the 'sister concern' designation from its website within 45 days, while allowing the Plaintiff to mention its group affiliation.
Noor Hospital Trust And 7 Ors v.Sajid Ali Khan
The Bombay High Court addressed a commercial IP suit concerning the alleged passing off of a hospital's trademark. The Plaintiffs, Noor Hospital Trust, sought to restrain the Defendant from using 'NEW NOOR HOSPITAL,' claiming deceptive similarity to their established mark 'NOOR HOSPITAL.' The court framed multiple issues covering passing off, descriptiveness of the term 'NOOR,' and claims for damages and injunctions, setting a clear path for the evidence phase.
Hindustan Unilever Limited v.Eureka Forbes Limited & Anr
This order addressed preliminary issues in an infringement suit. The court noted that a registered design holder is entitled to sue another registered holder if there is infringement, and suggested this principle should apply to patents as well. It was also informed that the plaintiff applied for patent grant earlier than the defendant.
Carlos Alberto Perez Lafuente v.Uoi & Ors.
The petitioner challenged the Deputy Controller of Patents & Designs' decision to refuse examination and treat his patent application as withdrawn due to a delay in filing Form-18 (request for examination). The court examined the relevant sections of the Patents Act, 1970, and held that since the request was made outside the prescribed time limit based on the earlier date (priority date), the petition lacked merit.
S.V.Sivalinga Nadar & Sons v.The Joint Registrar of Trade Marks
The Madras High Court allowed S.V.Sivalinga Nadar & Sons' writ petition, setting aside a decision by the Intellectual Property Appellate Board (IPAB). The dispute centered on the registration of the 'SVS' trade mark for edible refined oil. The court ruled that the contesting respondents could not claim exclusive rights over the mark based on an ambiguous arbitration award, especially since the award did not specifically allot the mark to them. This decision reinforced the petitioner's right to use and register the mark.
Monsanto Technology Llc Thru The Authorised Representative Ms. Natalia Voruz & Others v.Nuziveedu Seeds Ltd. Thru The Director & Others
This Supreme Court judgment addressed a dispute between Monsanto Technology LLC and Nuziveedu Seeds Ltd. concerning the use of patented Bt cotton technology ('BOLGARD'). The core issue revolved around whether the defendants' rights were protected under the PPVFR Act, potentially invalidating the patent claims, or if the plaintiffs could enforce their registered patent for infringement. The court ultimately restored a Single Judge's interim injunction and remanded the suit, emphasizing that complex questions of patent validity must be decided after full evidence is adduced during trial.
Roderick John Andrew Mackenzie v.Himalayan Heli Services Pvt. Ltd.
Roderick John Andrew Mackenzie filed a suit alleging that Himalayan Heli Services Pvt. Ltd. was infringing his registered copyright in the artistic work titled 'HIMLAYAN HELI SERVICES'. The plaintiff claimed the defendant was illegally using his pictorial representation on various business materials. However, the court examined the history of the company and its logo design, finding evidence suggesting the defendant's original creation and use of the insignia, particularly incorporating the symbol of 'Dorje', leading to the dismissal of the application against the plaintiff.
Arihant Evergreen Agro Plast And Textiles Private Limited v.EPC Industries Limited
The dispute originated from a civil suit filed in 2004 alleging patent infringement. The plaintiff-respondent sought to take product samples on record via Order VII Rule 14 CPC, despite a significant delay of over 11 years. The appellants-defendants challenged this order, arguing the delay was unexplained and irrelevant to determining patent infringement.
Sun Pharma Laboratories Ltd. v.Maxworth Pharma Pvt. Ltd.
Sun Pharma Laboratories Ltd. filed a suit against Maxworth Pharma Pvt. Ltd. regarding alleged trademark infringement concerning the medicinal preparation 'PANTOCID'. The Bombay High Court granted leave and further issued an ad-interim injunction restraining the defendant from using the deceptively similar trade mark "MAX PANTOCID" or any other similar marks.
Jasper Infotech Private Limited v.Aadi Sins & Ors
The Delhi High Court issued a significant interim order in favor of Jasper Infotech Private Limited regarding its SNAPDEAL trademarks. The court restrained the newly impleaded defendants from infringing the trademarks or passing off their business as affiliated with the plaintiff. Crucially, the court directed several domain registrars to immediately suspend numerous domains that were allegedly used for fraudulent activities related to the brand, and also ordered a freeze on specific bank accounts.
Benden Limited v.Hindustan Unilever Ltd.
The Bombay High Court dismissed a commercial IP suit filed by Benden Limited against Hindustan Unilever Ltd. The dismissal occurred because the Plaintif had previously received an order from the Intellectual Property Appellate Board (IPAB) directing the cancellation of its trademark registration, 'Perfect Radiance.' Since the mark was removed from the register, the court found that the Plaintiff was no longer interested in pursuing the suit, leading to its dismissal for want of prosecution.
Gebi Products v.Rose Industries
Gebi Products filed a suit against Rose Industries alleging infringement of its registered trademark and copyright related to the packaging and mascot used on brooms. The court decreed the suit, granting perpetual injunctions against the defendant for using deceptively similar marks and designs, and ordered the payment of damages.
Digigen Systems Pvt. Ltd. v.Hasmi T.
Digigen Systems Pvt. Ltd. filed a Commercial IP Suit against Hasmi T. regarding the alleged infringement of their trade mark 'VIDVIE'. The court granted an interim order restraining the defendant from using the disputed trademark on mobile phone accessories until the final hearing.
Under Armour, Inc. v.Amit Apparels & Anr.
The Delhi High Court granted an interim injunction in favor of Under Armour, Inc. against Amit Apparels & Anr., finding a prima facie case of trademark infringement and passing off. The court noted that the defendants were allegedly adopting and using the identical trade mark 'UNDER ARMOUR' and copying its artistic features on apparel goods. Given the risk of irreparable harm to the plaintiff, the court restrained the defendants from manufacturing, selling, or dealing in the infringing goods until further orders.
Nadeem Majid Oomerbhoy v.Rashid Sattar Oomerbhoy & Ors
The Bombay High Court intervened in a court-supervised licensing process for proprietary edible oil trademarks, citing concerns over the integrity of the bidding. The Judge found that media reports suggesting bias had compromised the neutrality of the auction, leading to only two bidders remaining (the Plaintiff and one Defendant). Consequently, the Court Receiver was directed to halt the current proceedings, return all existing deposits, and reissue advertisements under strict conditions of silence from all parties.
Reckitt Benckiser (India) Private Limited v.Patanjali Ayurved Limited
The Delhi High Court addressed a suit filed by Reckitt Benckiser against Patanjali Ayurved concerning alleged trademark infringement, passing off, and unfair trade practices related to toilet cleaner advertisements. The core dispute centered on misleading claims made in both original and revised advertisements regarding the use of hydrochloric acid and product naturalness. While the plaintiff sought to challenge the defendant's revised advertisement, the Court permitted Reckitt Benckiser to amend its plaint, allowing the litigation to proceed while preserving the rights of Patanjali Ayurved.
Laila Nutraceuticals v.Vittal Malya Scientific Research Foundation (VMSRF)
Laila Nutraceuticals challenged an arbitral award requiring it to pay Rs. 84,00,000/- to Vittal Malya Scientific Research Foundation (VMSRF). The Plaintiff argued that the Defendant's patent claims lacked novelty and that the license agreement was invalid because it was not registered with the Patent Office. The court dismissed the suit, upholding the validity of the arbitral award.
A.S. Hameed v.P. Maharajan
The dispute centered on a registered trade mark ('No.10 A.S. PHOTO BEEDI') used for beedies and tobacco products, with the plaintiff seeking an injunction against alleged infringement by the defendant. However, the case progressed to an application by the defendant seeking revocation of the 'leave to sue' initially granted to the plaintiff. The court ultimately held that neither party resided nor conducted business within its territorial jurisdiction, leading to the successful revocation of the leave and the dismissal of the main suit.
Meena Prints Pvt. Ltd. v.Sri Sai Bhavani Handloom House and others
The petitioner, Meena Prints Pvt. Ltd., filed a commercial IP suit against Sri Sai Bhavani Handloom House and others regarding alleged trademark infringement/passing off. The court granted leave under Clause XIV of the Letters Patent Act and passed an interim order restraining the defendants from using deceptively similar marks like "Meena Prints" or "Meera Prints" on their textile goods.
Meena Prints Pvt. Ltd. v.Sri Sai Bhavani Handloom House
The petitioner, Meena Prints Pvt. Ltd., filed a commercial IP suit against Sri Sai Bhavani Handloom House and others regarding alleged passing off of its registered trademark "Meena Prints". The court granted leave under Clause XIV of the Letters Patent Act and passed an interim injunction restraining the defendants from using deceptively similar marks.
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