IP Cases — 2019
328 decisions across all jurisdictions
Page 2 of 11 · 328 total
M/s. Sangeetha Caterers and Consultants LLP v.Sangeetha Food Corner
The Madras High Court ruled in favor of M/s. Sangeetha Caterers and Consultants LLP against Sangeetha Food Corner for trademark infringement and passing off. The court found that the defendant's use of 'SANGEETHA FOOD CORNER' was identical and deceptively similar to the plaintiff's well-known registered trademark 'SANGEETHA'. Consequently, the suit was decreed, granting a permanent injunction against further misuse of the mark.
Bluechip Amusements (India) Pvt.Ltd. v.Crazy Concepts & Mazes Pvt.Ltd.
The Madras High Court ruled in favor of Bluechip Amusements, granting a perpetual injunction against Crazy Concepts & Mazes. The dispute centered on the use of the terms 'HORROR HOUSE' and 'HOUSE OF HORRORS' in the amusement industry. Despite the defendant claiming prior rights and trademark registration, the court found that the plaintiff had established continuous business operations under these names since 2008. Consequently, the court held that the defendant's caution notice was unjustified and groundless, protecting the plaintiff's business interests.
M/s. Tvs Motor Company Limited v.M/s.Bajaj Auto Limited
TVS Motor Company Limited filed a civil suit against Bajaj Auto Limited seeking permanent injunction, accounts of profits, and damages for infringing Patent No.195904 related to 2/3 wheelers. However, before the court could rule on the merits, the plaintiff sought leave to withdraw the Civil Suit.
N.Sathish Proprietor Om Tech Plastics v.Mr.C.Murali Kannan
N.Sathish filed a suit seeking permanent injunction and damages against Mr.C.Murali Kannan and others, initially alleging passing off related to plastic taps under the mark 'SIVA'. However, the judgment ultimately focused on copyright infringement claims regarding compilations. The court found that the plaintiff himself had copied material from earlier books, leading to the dismissal of the suit.
Sorting Hat Technologies Private Limited v.Fermat Education and Ors
The appeal challenged a judgment that dismissed applications filed by Sorting Hat Technologies Private Limited to vacate an interim injunction granted to Fermat Education and Ors. The High Court set aside the impugned order, noting that the plaintiffs failed to file a complete transcript of the alleged copyrighted content in the plaint.
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.
Nippon Life Sciences Private Limited v.S. R. Life Science And Anr.
The Bombay High Court addressed the ongoing ad-interim injunction in a trademark infringement suit concerning the mark 'EPILIGHT'. While the court noted that previous orders needed extension, it confirmed that the existing restraining order against the defendants for using deceptively similar marks would continue to operate until November 18, 2019. The matter was subsequently scheduled for further hearing.
Marico Limited v.Chandrakant Gholap
The plaintiff, Marico Limited, filed a Notice of Motion seeking various reliefs against the defendant, Chandrakant Gholap. The court granted leave to the Plaintiff and further granted prayer clause (d) of the Notice of Motion, which sought an injunction against the Defendant for using counterfeit PARACHUTE trade marks or trade dress in relation to edible oil preparations and other FMCG goods.
Marico Limited v.Chandrakant Gholap
Marico Limited filed a Notice of Motion seeking leave and an interim injunction against Chandrakant Gholap regarding the use of the PARACHUTE trade mark and trade dress. The Court granted the leave sought by the Plaintiff and further granted the prayer for an interim injunction, restraining the Defendant from manufacturing or distributing packaging materials bearing the infringing trademark/trade dress.
M/s Patanjali Biscuits Pvt Ltd v.Hatsun Agro Product Ltd.
This appeal before the Madras High Court addressed disputes concerning alleged trademark infringement and passing off between Patanjali Biscuits Pvt Ltd and Hatsun Agro Product Ltd. The core dispute revolved around the similarity of trademarks 'AROKYA' and 'AAROGYA', particularly in relation to biscuit products. While the lower court had vacated an interim injunction, the appellate court focused on the procedural aspect of a Summary Judgment application filed by the defendants. Finding that the Single Judge dismissed the summary judgment request without sufficient reasons under commercial courts law, the High Court allowed the appeal and remanded the matter for reconsideration.
Mr.P.Radhakrishnan v.Bajaj Auto Limited
Mr. P. Radhakrishnan filed a civil suit alleging that Bajaj Auto Limited infringed his Patent No. 182682, which covers a four-stroke internal combustion engine technology used in vehicles like the Pulsar series. The plaintiff sought an injunction and damages.
Kotak Mahindra Bank Limited v.Kotak LLC
Kotak Mahindra Bank Limited filed a Notice of Motion against Kotak LLC alleging infringement and passing off concerning the registered trademark 'KOTAK'. The court granted temporary and permanent injunctions restraining the Defendant from using similar marks, names (like KOTAK LLC), apps (App KOTAK), and domain names (www.kotakapp.com) that are deceptive or identical to the Plaintiff's mark.
Communication Components Antenna Inc. v.Ace Technologies Corp. And Ors.
The case involves a patent infringement dispute where the plaintiff alleges that the defendants infringed their patent. The court issued an injunction and required the defendants to deposit a percentage of sales during the pendency of the suit.
Ifrs Foundation v.Rammohan Bhave & Ors
The Delhi High Court decreed the suit in favor of IFRS Foundation against Rammohan Bhave & Ors following a comprehensive settlement. The defendants acknowledged the plaintiff's proprietary rights over the 'IFRS' trademark and its copyrighted standards. Key terms included the payment of ₹11 lakhs, the surrender of multiple domain names, the withdrawal of related trademark applications, and an undertaking to cease unauthorized use of the IFRS mark in training materials or goods.
K.P.Selvah @ Panner Selvam v.Atlee
K.P.Selvah filed a civil suit seeking permanent injunction against Atlee and M/s. AGS Entertainment Pvt., Ltd., claiming copyright infringement over his story 'Kalki', which was registered with the South Indian Film Writers' Association. After facing procedural hurdles in the trial court, Selvah sought permission to withdraw the suit with liberty to file a fresh one. The Madras High Court intervened via revision petition, holding that the trial court erred by allowing withdrawal but denying the crucial liberty to institute a new suit on the same subject matter.
Meto Polymers Private Limited v.Hindustan Healthcare Products
The civil suit was filed by Meto Polymers Private Limited against Hindustan Healthcare Products seeking a permanent injunction and damages for infringing a registered patent related to 'water beds'. However, the court noted that the plaintiffs had repeatedly indicated their intention to withdraw the suit but failed to prosecute it.
Asianet Star Communications Pvt Ltd. v.The Registrar Of Trademarks & Anr.
This Delhi High Court judgment addresses a dispute over the alleged abandonment of a registered trademark due to non-renewal. The petitioner argued that the mandatory O-3 notice for renewal was improperly backdated and uploaded using an outdated form (RG-3), making it invalid. The court recognized serious inconsistencies in the Trademark Registry's process, directing senior officials and the concerned Examiner to appear in court with explanations and documentation regarding the improper uploading of notices. Crucially, the court granted interim relief, ensuring the trademark would not be treated as abandoned pending a full inquiry.
M/S Clean Tech Corrosion Chemicals v.The State Of Andhra Pradesh
The petitioner, M/S Clean Tech Corrosion Chemicals, sought a writ of mandamus compelling the State of Andhra Pradesh to implement instructions mandating the use of its patented anti-corrosion admixture inhibitor liquid, CONCARE, in RCC structures. The state argued that it only recommended 'CONCARE or equivalent products' and was not bound to procure from the petitioner alone. The court ruled that while policy decisions are generally beyond judicial interference, the respondents must ensure that if they choose to use an anti-corrosion agent, it must be a licensed product.
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.
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.
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.
Meher Distilleries Private Limited v.Raisen Marketing Private Limited
Meher Distilleries Private Limited filed an interim application alleging that Raisen Marketing Private Limited was infringing its registered trade mark and copyrighted artistic design used on its country liquor bottles. The court found a strong prima facie case for infringement.
Dharampal Satyapal Sons Private Limited v.Mr. Akshay Singhal & Ors.
The Delhi High Court ruled in favor of Dharampal Satyapal Sons Private Limited, declaring its candy brand 'PULSE' a well-known trademark. The court found that the plaintiff had established extensive goodwill and reputation both domestically and internationally through significant promotion and unique trade dress. Consequently, the defendants were restrained from manufacturing or selling similar products under deceptively similar marks like 'PLUSS', protecting the integrity of the PULSE brand.
M/s.Radiant Cash Management Services v.All in Pictures
M/s. Radiant Cash Management Services filed a suit against All in Pictures alleging infringement of its exclusive trademark, 'Radiant,' related to the screening of the film 'GORRILA.' The plaintiff sought permanent injunction and damages for the alleged misuse of the mark. However, during the hearing, the defendant submitted an affidavit stating that the matter had been settled out of court.
Intellectual Property Attorneys Association v.The Controller General Of Patents, Designs & Trade Marks & Anr
The petitioner challenged the refusal of trade mark registration applications due to non-speaking orders passed by the Registrar of Trade Marks. The court held that Section 18(5) mandates the Registrar to record and communicate the grounds for refusal in writing. Consequently, Rule 36 of the Trade Marks Rules was deemed arbitrary and inconsistent with the statute.
M/s.Cool Planet (Pvt) Ltd. v.M/s.Cool Planet
This case involved M/s. Cool Planet (Pvt) Ltd. filing a civil suit against various entities, including another entity named M/s. Cool Planet and Paramount Apparels and Exports. The plaintiff sought permanent injunctions against the use of the mark 'Cool Planet', alleging infringement of both trade marks and copyright, as well as passing off. Despite the initial claims for damages and delivery up of materials, the parties ultimately reached a settlement.
Satish Kumar v.Khushboo Singh & Ors.
Satish Kumar filed a suit against Khushboo Singh and others, alleging the misappropriation of confidential information, trade secrets, and clientage belonging to his company, Plasma Impex Inc. The plaintiff sought permanent injunctions and damages, claiming that the defendants used proprietary data obtained during their employment. However, the court ultimately dismissed the suit as withdrawn by the plaintiff.
Gaur Hari Guchhait & Ors v.Shogun Organics Ltd
The appeal was filed by the original defendants against a decree that found them infringing the plaintiff's patent for the process of manufacturing d-trans Allethrin. The appellants argued that the process was already known due to its registration under the Insecticides Act, 1968. The court dismissed the appeal, holding that product registration does not equate to disclosure of the manufacturing process required for patentability.
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.
Rui Boutique v.Nidhi Arora
The plaintiff, Rui Boutique, a manufacturer and trader of ready-made women's garments under the trade mark 'RUI', filed an application alleging that the defendant was using the impugned mark 'RUI INDIA' for similar goods. The court found a strong prima facie case regarding the identity/deceptive similarity between the marks and granted an ad-interim injunction.
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