IP Cases — 2019
339 decisions across all jurisdictions
Page 4 of 12 · 339 total
Kewal Kiran Clothing Limited v.Rupam Garments
The petitioner filed a Notice of Motion against the respondent in the Commercial Division of the Bombay High Court. The court granted leave and directed the defendant to appear on a specific date along with relevant invoices, while maintaining the existing interim protection.
Kent Ro Systems Ltd. v.Varun Sood
Kent Ro Systems Ltd. filed a suit against Varun Sood and others alleging infringement of their design rights and passing off related to water purifier products. The plaintiffs sought permanent injunctions and damages concerning the use of deceptively similar designs (ESSENCIA/SPARKLE) compared to their registered designs (KENT WONDER/EKNT SUPREME). Ultimately, both parties reached a mutual settlement, leading the Madras High Court to decree the suit in terms of the Joint Memo of Compromise.
Mahesh Gupta v.Dheeraj Kumar
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.
Sae India v.Delta Inc.
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.
Unilever Plc v.Preeti Ice Creams
Unilever Plc filed a commercial IP suit against Preeti Ice Creams alleging infringement and passing off related to the trade mark 'FEAST'. The Bombay High Court granted leave under the Letters Patent Act and decreed the suit in favor of Unilever.
Hotel Panchavati v.Hotel Panchawati
The Plaintiffs filed a commercial IP suit against the Defendants alleging infringement of their well-known PANCHVATI trademarks in the hospitality sector. The court granted leave under Clause XIV of the Letters Patent Act and passed an interim order restraining the defendants from using the infringing marks and domain names.
Rmans Tours & Travels P Ltd. v.Varuna Associates
Rmans Tours & Travels P Ltd. filed a civil suit against Varuna Associates alleging copyright and trademark infringement. The suit claimed that the defendant was using INDAQUA labels, which substantially reproduced the plaintiff's Rmans label in identical color scheme and layout. The plaintiff sought permanent injunctions, destruction of infringing materials, and damages. However, before the court could rule on the merits, the plaintiff chose to withdraw the civil suit.
M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel v.Thalappakattu Briyani Fast Food & Indian Chinese Thandoori
The Madras High Court ruled in favor of the plaintiff, M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel, finding that the defendant's use of 'Thalappakattu Briyani Fast Food & Indian Chinese Thandoori' constituted trademark infringement and passing off. The court held that the defendant willfully adopted a phonetically and deceptively similar name to capitalize on the plaintiff's established goodwill. Consequently, the suit was decreed, granting permanent injunction and awarding damages.
M/s.Bombay Pen Depot v.M/s.Linc Pens And Plastics Ltd
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.
Prashant Properties Limited v.Sps Steels Rolling Mills Ltd
The petitioner, an operational creditor, entered into a Permissive User Agreement (PUA) with the respondent to use a family of marks in lieu of securing an outstanding debt. The trial court granted an ad interim injunction restraining the respondent from suspending this PUA. The appellate court stayed this injunction, arguing that civil courts lacked jurisdiction under the IBC and Companies Act. The High Court set aside the stay order, finding that the suit was maintainable as a collateral security agreement.
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.
Transformative Learning Solutions Pvt. Ltd. v.Pawajot Kaur Baweja
The plaintiffs filed a suit seeking permanent injunction to restrain the defendants, former employees, from disclosing confidential information, using proprietary content (including copyright), and competing in Ayurveda. The dispute centered on whether the plaintiffs could refuse to share the list of customers with the defendants, despite claiming rights over that data.
Meher Distilleries Private Limited v.Shree Satpuda Tapi Parisar Sahakari Sakhar Karkhana Ltd.
Meher Distilleries Private Limited filed a suit against Shree Satpuda Tapi Parisar Sahakari Sakhar Karkhana Ltd. alleging infringement of its artistic work and registered trademark related to bottles used for bottling country liquor. The court granted leave, accepted an undertaking from the Defendant, and decreed the suit.
A.Kumar v.Radhakrishnan
A.Kumar filed a civil suit against Radhakrishnan and two other companies, M/s.Ashcom and German Refilling Pvt. Ltd., alleging infringement of their trademarks and passing off concerning inkjet, laser, and toner cartridges. The plaintiff sought permanent injunctions and accounts of profits. However, on the date of hearing, no counsel appeared for A.Kumar, leading the Madras High Court to dismiss the suit for non-prosecution.
Galatea Ltd v.Diyora And Bhanderi Corporation
The suit was filed under the Patent Act, 1970, seeking permanent injunction and damages against the defendants for alleged infringement. The dispute centered on whether the defendants' applications (Exh.167 and Exh.169) requesting the court to decide objections regarding document admissibility during evidence recording could be entertained after the evidence was completed.
Ultratech Cement Limited v.Hari Om Plasters
Ultratech Cement Limited filed a suit against Hari Om Plasters alleging trademark infringement concerning various 'BIRLA' branded products. The court, after reviewing the site report and inventory of seized goods, granted leave to the plaintiffs. Crucially, the court passed a temporary order restraining the defendants from using any mark identical or deceptively similar to the registered 'BIRLA' trademarks, including specific variants like 'BIRLA WHITE' and 'BIRLA PLUS', pending the final hearing of the suit.
Kesari Trust v.Kesari Tours and Travels
The plaintiffs filed a commercial IP suit against the defendant alleging infringement and passing off related to the use of the mark 'KESARI'. The court decreed the suit, granting perpetual injunctions against the defendant for using the mark in relation to various businesses.
Apex Laboratories Private Ltd. v.Hezen Pharmaceuticals Limited
The Madras High Court ruled in favor of Apex Laboratories Private Ltd., declaring them the exclusive proprietor of the trademark ZINCOVIT against Hezen Pharmaceuticals Limited. The court found that despite a past manufacturing agreement, which was subsequently terminated, the defendant had no right to claim ownership or make false propaganda about the mark. Consequently, the court granted an injunction restraining the defendant from making such claims and awarded damages to the plaintiff.
Astrazeneca Ab v.P Kumar & Anr
Astrazeneca filed suit seeking permanent injunction against defendants for marketing generic versions of TICAGRELOR, claiming infringement of three Indian Patents (IN 907, IN 984, IN 674). The core dispute revolved around whether the plaintiff could secure an interim injunction while the patents faced credible challenges to their validity. The court ultimately found that since the defendants raised strong questions rendering the patent vulnerable, the plaintiffs failed to establish a prima facie case for injunction.
Hindustan Unilever Limited v.Jms Industries
Hindustan Unilever Limited filed a Commercial IP Suit against JMS Industries regarding alleged trademark infringement and passing off related to detergent products. The court granted leave under Clause XIV and issued an interim injunction restraining the Defendant from using the mark SARAF or the SPLAT Device in relation to its detergent preparations.
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 Ever Bake v.M/S Everbake Bakers Private Ltd.
The Delhi High Court dismissed M/S Ever Bake's petition challenging the rejection of its application to dismiss a trademark infringement suit. The respondent, M/S Everbake Bakers Private Ltd., had filed a suit claiming violation of their registered 'EVER BAKE' trademark. Although the petitioner argued lack of territorial jurisdiction because they operated in Assam, the Court upheld the trial court's decision. Citing Section 134 of the Trademarks Act and relevant Supreme Court precedents, the High Court found that since the respondent's registered office was in Delhi, the suit was correctly filed within the proper jurisdiction.
Karthikeyan And Company v.M/s.New Brilliant Publications
Karthikeyan And Company filed a civil suit against M/s.New Brilliant Publications alleging both copyright infringement and passing off related to their Tamil notes. The plaintiffs sought permanent injunctions, surrender of infringing copies, and damages for the unauthorized reproduction and use of their work. However, the plaintiffs subsequently moved the court seeking permission to withdraw the suit due to changes in school syllabus and the defendant discontinuing active business.
M/s.TVS Srichakra Limited v.M/s.Nemson Rubber Industries
M/s.TVS Srichakra Limited filed a suit against M/s.Nemson Rubber Industries alleging infringement of its well-known trademark, "O TVS TYRES," and associated copyright. The plaintiff sought permanent injunctions, destruction of infringing goods, damages, and account of profits. However, the court ultimately decreed the suit only for the specific prayers related to permanent injunctions after receiving an undertaking from the defendants.
Metro Brands Limited v.Reliance Retail Limited
The Bombay High Court passed an order by consent in a Commercial IP Suit concerning trademark infringement and passing off. The court granted permanent injunctions against Defendant Nos. 1 and 2, restraining them from infringing or passing off the Plaintiff's registered METRO marks. Additionally, Defendants Nos. 1 and 2 were directed to pay costs of Rs. 10 Lakhs.
Unilever Plc v.L. N. Ice Mill
Unilever Plc filed a commercial IP suit against L. N. Ice Mill alleging infringement and passing off concerning its registered trade mark, FEAST. The court granted leave under the Letters Patent Act and decreed the suit in favor of Unilever.
S. Sudhakar and Shri Lakshmi Agro Foods Pvt. Ltd. v.Sree Sai Raama Oil Mill, V. Dhadapani, and S. Ravichandran
This civil suit was filed by S. Sudhakar and Shri Lakshmi Agro Foods Pvt. Ltd. against Sree Sai Raama Oil Mill, alleging infringement of the registered trademark "UDHAIYAM" and copyright violation concerning their oil products. The plaintiffs sought perpetual injunctions, rendition of accounts, and damages for passing off. However, before a final judgment on merits, the parties reached an amicable settlement.
Tamil Nadu Liquor Manufacturers Welfare Association v.Dijit Kumar, Mount Everest Breweries Ltd., The Commissioner, Madhya Pradesh State Excise Department
The Tamil Nadu Liquor Manufacturers Welfare Association filed a civil suit against several defendants, including Mount Everest Breweries Ltd., alleging infringement and passing off of their trademarked logos such as “UB”, “SNJ”, “KALS”, “APPOLLO”, and “AM”. The plaintiffs sought damages and permanent injunctions to protect the goodwill associated with these marks. However, before the court could proceed further, the plaintiff chose to withdraw the suit.
Relish Snacks Pvt Ltd. v.M/S.Virchow Biotech Pvt.
The Madras High Court dismissed the trade mark infringement suit filed by Relish Snacks Pvt Ltd. against M/S.Virchow Biotech Pvt. The court held that since the plaintiff had not obtained a registered trademark, but only pending applications, the claim for infringement was premature and lacked cause of action. Furthermore, the defendant successfully argued that neither party was the registered proprietor of their respective marks, leading to the suit's dismissal.
Brahmos Aerospace Pvt. Ltd. v.Fiit Jee Limited & Anr.
The Delhi High Court granted an interim injunction favoring Brahmos Aerospace Pvt. Ltd., a well-known aerospace and defense entity, against Fiit Jee Limited & Anr. The plaintiff alleged that the defendants were dishonestly adopting the prestigious 'BRAHMOS' trademark for educational services, causing confusion among students who believed their tests were affiliated with the renowned company. Citing the strong prima facie case, the court ruled that allowing continued use by the defendants would cause irreparable loss to Brahmos’s goodwill and reputation.
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