IP Cases — 2019
339 decisions across all jurisdictions
Page 3 of 12 · 339 total
Sri Narasu's Coffee Company Ltd v.Narasu's Sarathy Industries
The Madras High Court allowed an appeal filed by Sri Narasu's Coffee Company Ltd against a lower court order. The company successfully argued that it is the exclusive owner of the 'Narasu's' trade mark, dating back to 1926. Given the risk of irreparable injury and loss of goodwill due to the respondents granting licenses to third parties, the Court issued an interim injunction. This order mandates that the respondents cease all licensing or assignment activities related to the trademark until the final disposal of the civil suits.
S.Sudhakar / Shri Lakshmi Agro Foods P Ltd. v.Priya Krishnakumar / Krishnakumar
This Madras High Court case addresses a complex dispute involving alleged infringement of registered trademarks and copyright in the food product sector. The plaintiffs claimed that the defendants were using deceptively similar marks ('UDAYA MASALA' vs 'UDHAIYAM') and infringing on the artistic work/logo associated with their masala powders. While the suit sought various injunctions, damages, and accounts of profits, the judgment provided a preliminary decree addressing these claims.
Piramal Enterprises Limited v.Chemiloids and others
The dispute concerns the alleged unauthorized use of confidential information, specifically a Standard Operating Procedure (SOP), by Chemiloids and others in the process of extracting SI containing X-X% of 7-HF. The court appointed the Department of Chemical Engineering, IIT Madras, as an Expert Commissioner to compare the processes used by both parties.
Speciality Restaurants Limited v.Deepika Hospitalities Pvt.Ltd.
Speciality Restaurants Limited filed a suit against Deepika Hospitalities Pvt. Ltd. regarding alleged trademark infringement. The court disposed of the suit and notice of motion based on minutes of order, accepting undertakings from the defendants.
Narayanlal Hemaji Mewada And Anr v.Rishabh Enterprise And Anr
The Bombay High Court ruled in favor of the plaintiffs, granting a perpetual injunction against the defendants. The court restrained the defendants from using any label or domain name containing 'MARSHAL GRIP' or deceptively similar to the plaintiff's registered marks (MARSHAL/MARSHAL GRIP). Furthermore, the defendants were ordered to pay costs and destroy the wrappers of the impugned goods.
Unilever Plc v.L. N. Ice Mill
Unilever Plc filed a commercial IP suit against L. N. Ice Mill alleging infringement and passing off related to its trade mark 'FEAST'. The court granted perpetual injunctions restraining the defendant from manufacturing or selling products under the impugned mark 'CHOCO FEAST' or any deceptively similar mark, and ordered the destruction of all infringing materials.
Hindustan Unilever Ltd. v.Mahabir Enterprises
Hindustan Unilever Ltd filed a commercial IP suit against Mahabir Enterprises alleging infringement of its copyright in artistic packaging and passing off related to its detergents. The Bombay High Court granted permanent injunctions restraining the defendant from reproducing or dealing in similar goods, and mandated the payment of a fine.
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.
Meher Distilleries Private Limited v.Shree Satpuda Tapi Parisar Sahakari Sakhar Karkhana Ltd.
Meher Distilleries Private Limited filed a Commercial IP Suit against Shree Satpuda Tapi Parisar Sahakari Sakhar Karkhana Ltd. alleging infringement of its artistic work and registered trade mark used on bottles for country liquor. The Court granted leave, accepted an undertaking from the Defendant not to use the marked bottles, and decreed the suit.
J. C. Bamford Excavators Ltd v.Union Of India And Ors.
The petitioner challenged the Deputy Controller of Patents and Designs' order that revoked Patent No. 251037, citing lack of disclosure regarding ongoing civil suit and a PCT application in Australia. The court found the revocation unjustified, noting that the civil dispute had settled and the respondent had withdrawn the post-grant opposition.
Hindustan Unilever Limited v.Burdwan Soap Works
Hindustan Unilever Limited filed a Commercial IP Suit against Burdwan Soap Works alleging trademark infringement and passing off related to their detergent powder products. The court granted an interim order, reinforcing existing reliefs and issuing further restraints on the Defendant's business practices.
Royal Dryfruit Range v.Royal Taste Dry Fruits
The Bombay High Court disposed of a Commercial IP Suit involving Royal Dryfruit Range versus Royal Taste Dry Fruits. The court accepted an undertaking from the defendant, Royal Taste Dry Fruits, to remove the disputed mark 'ROYAL' from its signage and packaging, as well as withdraw its trademark application. A short extension was granted for compliance, effectively settling the immediate dispute through mutual agreement and judicial acceptance of the undertakings.
Hindustan Unilever Ltd. v.Nashirbhai Mohmedali Mansuri And Anr
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.
Bharathi Consumer Care Products Pvt. Ltd. v.Mr.Suresh
Bharathi Consumer Care Products Pvt. Ltd. filed a civil suit against Mr. Suresh, alleging multiple infringements related to its detergent products. The claims included unauthorized use of the 'XXX' registered trademark, copyright infringement on the product's artistic label/trade dress, and passing off. However, before the court could rule on the merits of the case, the plaintiff chose to withdraw the suit.
Capt. (Retd) Shibu Issac & Force 1 Guarding Services Pvt. Ltd. v.Force 1 Security Services
This Madras High Court judgment records a settlement between the plaintiffs (owners of 'FORCE 1') and the defendant ('Force 1 Security Services'). The suit, originally filed for trademark infringement and passing off, was resolved through a Memorandum of Compromise. Under the terms of the settlement, the defendant agreed to cease using the infringing marks, withdraw their pending trademark application, and refrain from challenging the plaintiffs' rights in the future. The court subsequently decreed the suit based on these mutually agreed-upon terms.
Aveva Information Technology India Pvt.Ltd. v.DCIT-9(1), Mumbai
The assessee, Aveva Information Technology India Pvt.Ltd., challenged the disallowance of license fees paid to its parent company, AVEVA UK, arguing that payments for distributing copyrighted software products in India did not fall under the definition of 'royalty'. The Tribunal ruled in favor of the assessee, holding that such distribution payments were not royalty and thus no TDS was required.
M/s.Add Print [India] Enterprises Private Limited v.M/s.Mohan Impressins Pvt. Ltd.
M/s.Add Print [India] Enterprises filed a civil suit against M/s.Mohan Impressins Pvt. Ltd., seeking perpetual injunctions against the use of deceptively similar marks ('Presto INSTANZA') and infringement of their registered design for box type pre-inked rubber stamps. The plaintiff also sought relief related to passing off and surrender of infringing materials. However, before the court could rule on the merits, both parties reached a settlement agreement.
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.
Pioneer Overseas Corporation v.Chairperson, Protection Of Plant Varieties and Farmers Rights and Ors.
Pioneer Overseas Corporation challenged decisions made by the Protection of Plant Varieties and Farmers' Rights Authority regarding the registration of Kaveri Seeds Limited's maize variety KMH50. Pioneer claimed that KMH50 was identical to its own variety, 30V92, and alleged misappropriation of germplasm. The court set aside several impugned orders and restored Pioneer's application for a DNA profiling test.
Procter And Gamble Home Products Pvt. Ltd. v.Kani Soap Works
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.
M/s.Aachi Masala Foods (P) Ltd. v.HOTEL NAMMA AACHI
The Madras High Court ruled in favor of M/s. Aachi Masala Foods (P) Ltd., finding that the defendant's use of 'HOTEL NAMMA AACHI' constituted both trademark infringement and passing off. The court determined that the defendant adopted a name visually and phonetically similar to the plaintiff's well-known mark, AACHI, with malicious intent to capitalize on the plaintiff's goodwill. Consequently, the suit was decreed, granting permanent injunctions and awarding costs to the plaintiffs.
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.
Palson Enterprises v.Kasi Group Of Companies
The Madras High Court dismissed the appeals filed by Palson Enterprises, upholding the Single Judge's decision to vacate the interim injunction. The court found that Palson had slept over the matter for eight months despite having knowledge of Kasi Group's use of the 'Kasi' name in their theatre business. While acknowledging the appellant's rights under the Trade Marks Act, the court held that issues of prior usage and comparative loss must be determined during a full trial, not at the interim stage.
Mr.T.Chitty Babu v.M/S.Sakthivel Builders
The Madras High Court ruled in favor of the plaintiffs, Mr. T. Chitty Babu and M/s. Akshaya Pvt. Ltd., finding that the defendants' use of the 'SB' logo constituted infringement and passing off against their registered 'AH' trademark. The court held that the similarity in color scheme and stylized script created a likelihood of confusion among the public, leading to the decree of permanent injunctions and an award of damages.
Novartis Ag v.Natco Pharma Limited
Novartis filed a suit seeking permanent injunction and damages for its patented drug, Ceritinib. Natco Pharma challenged this by relying on an order from the Controller revoking the patent due to lack of novelty. The Court ultimately held that since the patent was revoked, the infringement action could not be maintained, suspending the existing interim manufacturing restraint.
M/s.Kaleesuwari Refinery Private Limited v.M/s.Popular Trading Company
M/s.Kaleesuwari Refinery Private Limited filed a civil suit against M/s.Popular Trading Company alleging trademark infringement, passing-off, and copyright violation concerning their edible oil products. The plaintiff claimed that the defendant was using the deceptively similar mark 'Gold Drops' in relation to the plaintiff's registered trade mark 'Gold Winner'. Although the initial suit sought various injunctions and damages, the parties ultimately reached a Joint Compromise Memo.
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.
Vinay Aggarwal v.Rims Marketing Pvt. Ltd.
The Delhi High Court confirmed an existing interim injunction, ruling in favor of the plaintiff regarding passing off. The court found that the defendant's use of 'ELEPHANT JINLI' was phonetically and structurally similar to the plaintiff's established mark 'ELEPHANT,' creating a likelihood of confusion among consumers. Despite arguments regarding conflicting agreements from the manufacturer, the court upheld the plaintiff's prior rights and dismissed the defendant's application to vacate the injunction.
Dharampal Satyapal Sons Private Limited v.Mr. Gagan Varshney & Ors.
The Delhi High Court granted an interim injunction in favor of Dharampal Satyapal Sons Private Limited against Mr. Gagan Varshney & Ors., finding a prima facie case of trademark infringement and passing off. The court observed that the defendants were using the deceptively similar mark 'PULSER' and identical trade dress for candies, which infringed upon the plaintiff's registered trademark PULSE and its associated artistic packaging. This protective order prevents the defendants from manufacturing or selling products under the infringing marks until further orders.
Anurag Sanghi v.M/S Knitpro International
This Delhi High Court judgment addresses a request by Anurag Sanghi to consolidate several related intellectual property suits. The petitioner sought to have three separate suits—one for design infringement (CS 867/2018), one for passing off (TM No.178/2017), and one for copyright infringement (TM No.179/2017)—tried together in a single court. The Court held that since the causes of action are based on the same facts—the sale or offer for sale of rival knitting needles—they must be tried jointly to prevent multiplicity of proceedings, citing precedents like Carlsberg Breweries A/S.
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