IP Cases — 2019
328 decisions across all jurisdictions
Page 5 of 11 · 328 total
M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel v.Halal Thalappakattu Biriyani
The Madras High Court ruled in favor of M/s. Thalappakatti Naidu Ananda Vilas Biriyani Hotel against Halal Thalappakattu Biriyani for trademark infringement and passing off. The court found that the defendant's use of 'Halal Thalappakattu Biriyani' was phonetically and deceptively similar to the plaintiff's established brand, 'Thalappakatti Biriyani Hotel.' Consequently, the suit was decreed, granting a permanent injunction and awarding damages.
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.
Cavinkare Pvt.Limited v.M/S.Ribock Industries
Cavinkare Pvt.Limited filed a civil suit against M/S.Ribock Industries alleging multiple infringements, including unauthorized use of Cavinkare's registered trademark 'ZOYO,' copyright violation concerning the 'NYLE' label design, and passing off. The plaintiff sought permanent injunctions and an accounting of profits. Ultimately, both parties reached an amicable settlement, which was formally recorded by the Madras High Court and incorporated into the final judgment.
Flsmidth Private Limited v.Mr.S.Balaj Das
Flsmidth Private Limited filed a suit seeking permanent injunctions, damages, and accounts regarding alleged copyright infringement in engineering drawings and passing off related to its 'O-SEPARATOR' product. The core dispute revolved around whether the plaintiff had adequately established territorial jurisdiction for the Commercial Division of the Madras High Court against foreign respondents. The court ultimately held that the plaintiff failed to provide specific pleadings demonstrating how the defendants were amenable to the court's jurisdiction, leading to the dismissal of the appeals.
Oramed Ltd. v.Union Of India & Ors.
Oramed Ltd. challenged a decision dated February 25, 2019, made under Section 15 of the Patents Act, 1970. The petitioner argued that the adjudicating authority erred by proceeding on Section 3(d) instead of Section 3(e), and that the order was based on conjectures rather than conclusive findings. The court found infirmities in the impugned order.
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.
Hindustan Unilever Ltd. v.Meera Soap Works
Hindustan Unilever Ltd. filed a suit against Meera Soap Works alleging infringement of its copyrighted artwork and passing off related to its SUNLIGHT detergent label. The Bombay High Court granted leave under the Letters Patent Act, decreed the suit, and issued perpetual injunctions.
Sterlite Technologies Limited v.Ztt India Private Limited
The plaintiff has sued for a permanent injunction restraining the defendant from infringing its patents related to optical fibre technology. The court is considering interim arrangements to balance the rights of both parties until a final determination is made.
Unilever Plc. v.Punjab Food Products
Unilever Plc. filed suit against Punjab Food Products alleging infringement and passing off concerning its registered trade mark, FEAST. The Bombay High Court decreed the suit, granting perpetual injunctions against the defendant regarding the use of 'Choco FEAST' on frozen desserts. Furthermore, the Defendant was ordered to deliver up all infringing materials for destruction and agreed to pay Rs. 2 Lacs towards costs/damages.
Mahindra & Mahindra Limited v.Gnanasekaran Paramsivan Trading as Mahindra Lifts and Anr.
Mahindra & Mahindra Ltd filed a suit against Gnanasekaran Paramsivan for infringement of its registered trademarks, copyright, and passing off related to the mark 'MAHINDRA' and domain name www.mahindralifts.com. The Bombay High Court disposed of the suit by decreeing the prayers in favor of the Plaintiff, granting perpetual injunctions and ordering the destruction of infringing goods.
M/S Allied Blenders And Distillers Pvt Ltd v.Amit Dahanukar & Anr
The Delhi High Court addressed the defendant's attempt to dismiss the trademark infringement suit by arguing that the cause of action was barred under Order 2 Rule 2 CPC. The court found that since the alleged unauthorized use and infringement constituted a continuing cause of action, the earlier litigation did not bar the present suit. Consequently, the application for dismissal was dismissed, allowing the main IP dispute to proceed.
Pentel Kabushiki Kaisha v.M/s Arora Stationers
Pentel Kabushiki Kaisha filed suit against M/s Arora Stationers alleging fraudulent imitation of its registered pen design (Design No. 263172). The respondents challenged the validity and novelty of Pentel's design, claiming it was a combination of known designs. However, the High Court ruled in favor of Pentel, emphasizing that since the respondents themselves had applied for registration of a similar design, they could not simultaneously argue against its originality. Consequently, the court found a prima facie case of piracy and granted an interim injunction restraining the respondents from marketing the infringing product.
M/S Teleecare Network India Pvt Ltd v.M/S Asus Technology Pvt Ltd & Ors
The Delhi High Court ruled in favor of Teleecare Network India Pvt Ltd, finding that Asus Technology and others had infringed upon its trademark rights through passing off. The court determined that the defendant's adoption of 'ZENFONE' was deceptive because it incorporated the plaintiff's dominant mark 'ZEN' for identical goods (mobile phones). Given the plaintiff's prior use, significant market reputation, and large advertising expenditure, the court granted a permanent injunction to prevent further misuse of similar marks.
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.
Unilever Plc v.Kanha Dairy and Food Products
Unilever Plc filed a commercial IP suit against Kanha Dairy and Food Products alleging infringement and passing off related to the 'FEAST' trademark. The court granted leave under the Letters Patent Act, decreed the suit in favor of Unilever, and issued perpetual injunctions against the defendant.
Hindustan Unilever Limited v.Ahuvan Industries
Hindustan Unilever Limited filed a commercial IP suit against Ahuvan Industries alleging infringement of its copyright in the SUNLIGHT label artwork and passing off through the use of deceptively similar trade dress and label marks by the Defendant's product, MEJOL. The Bombay High Court granted leave to appeal and decreed the suit.
Unilever Plc v.Kanha Dairy and Food Products
Unilever Plc filed a commercial IP suit against Kanha Dairy and Food Products alleging infringement and passing off related to the 'FEAST' trade mark. The court granted leave, decreed the suit, and issued perpetual injunctions restraining the defendant from using the impugned mark on their ice-creams and frozen desserts.
Hindustan Unilever Limited v.Ahuvan Industries
Hindustan Unilever Limited filed a commercial IP suit against Ahuvan Industries alleging infringement of its copyrighted artwork and passing off related to its SUNLIGHT detergent brand. The court granted leave under the Letters Patent Act and decreed the suit, imposing perpetual injunctions on the defendant.
Hindustan Unilever Limited v.Ahuvan Industries
Hindustan Unilever Limited filed a commercial IP suit against Ahuvan Industries alleging infringement of its copyrighted artwork (SUNLIGHT) and passing off through the use of deceptively similar labels and trade dress (MEJOL). The Bombay High Court granted leave to appeal, decreed the suit in favor of the plaintiff, and issued perpetual injunctions.
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 leave under the Letters Patent Act and decreed the suit, issuing perpetual injunctions against the use of the impugned mark 'CHOCO FEAST' and ordering the destruction of infringing materials.
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.
Unilever Plc v.Kanha Dairy and Food Products
Unilever Plc filed a Commercial IP Suit against Kanha Dairy and Food Products alleging infringement and passing off related to the 'FEAST' trademark. The court granted leave under the Letters Patent Act and decreed the suit, restraining the defendant from using the infringing mark and ordering the destruction of all related materials.
Rallis India Limited v.Rallis Pharmaceuticals & Anr.
Rallis India Limited filed a suit against Rallis Pharmaceuticals & Anr. alleging infringement and passing off related to the use of the trade mark 'RALLIS' in medicinal preparations, website domains, and business names. The court decreed the suit, granting perpetual injunctions against the defendants and ordering them to transfer the infringing domain name.
Unilever Plc v.Deluxe Ice Cream Factory
Unilever Plc filed a suit against Deluxe Ice Cream Factory alleging infringement and passing off related to its well-known trademarks, specifically FEAST and CORNETTO. The court granted perpetual injunctions restraining the defendant from using deceptively similar marks like CHOCO FEAST, CONATTO, and CONETO in relation to ice creams and frozen desserts.
Hindustan Unilever Limited v.Halberd Chemicals
Hindustan Unilever Limited filed a suit against Halberd Chemicals alleging infringement of its copyrighted artistic packaging/trade dress, registered trademarks (Nos. 1486109, 1780462, 1486107), and passing off using its well-known logo. The Bombay High Court decreed the suit in favor of the Plaintiff.
Hindustan Unilever Limited v.Halberd Chemicals
Hindustan Unilever Limited filed a commercial IP suit against Halberd Chemicals alleging infringement of its copyrighted artistic packaging/trade dress and registered trademarks. The Bombay High Court granted leave under the Letters Patent Act and decreed the suit, granting perpetual injunctions against the defendant for infringing these rights and passing off.
Unilever Plc. v.Masqati Dairy Products
Unilever Plc. filed a commercial IP suit against Masqati Dairy Products alleging infringement and passing off related to its trade mark 'FEAST'. The court granted leave and decreed the suit, restraining the defendant from using the similar mark 'CHOCO FEAST' in relation to frozen desserts.
Unilever Plc. v.Masqati Dairy Products
Unilever Plc. filed a commercial IP suit against Masqati Dairy Products regarding the alleged infringement and passing off related to its registered trade mark 'FEAST'. The court granted leave under Clause XIV of the Letters Patent Act and decreed the suit in favor of Unilever.
Sulphur Mills Limited v.Crop Life Science Limited
Sulphur Mills Limited filed a suit against Crop Life Science Limited alleging infringement of its patented agricultural composition (Patent No. 282429). The parties subsequently reached a compromise and settled their disputes before the Madras High Court.
The Regents Of The University Of California v.Union Of India & Ors.
The petitioner challenged the Assistant Controller's decision to reject its patent application for 'Enzalutamide', citing lack of inventive steps. The petitioner further argued that the rejection was vitiated because the Controller failed to address or refer to crucial expert affidavits and scientific documents presented during the proceedings.
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