IP Cases — 2019
328 decisions across all jurisdictions
Page 6 of 11 · 328 total
Unilin Beheer B.V. v.Balaji Action Buildwell
The plaintiff filed a suit for permanent injunction against infringement of Patent No.193247, but since the patent had lapsed, the suit was pursued only for damages. The defendant filed a Counter Claim seeking revocation of the subject patent. The core legal issue addressed by the court was whether the written statement to the Counter Claim could be taken on record despite not being accompanied by an affidavit of admission/denial within the stipulated time.
Dayco Ip Holdings Llc v.Mago Gurupriit S, Prop. Jay Kay International
The Bombay High Court addressed a Notice of Motion concerning the non-compliance by the defendant with specific terms outlined in prior Consent Terms. The court directed the defendant, Mago Gurupriit S., to adhere strictly to the agreed-upon obligations, which included destroying all infringing goods and packaging bearing the plaintiff's marks, as well as unconditionally canceling his relevant trademark registration (No. 3082945). This ruling underscores the importance of adhering to court-mandated settlement terms in IP disputes.
Cedar Properties & Trading Llp & Ors. v.Hab Pharmaceuticals & Research Limited & Ors.
The Delhi High Court granted a temporary injunction in favor of Cedar Properties & Trading LLP against Hab Pharmaceuticals & Research Limited. The plaintiffs claimed that the defendants were using the deceptively similar trademark 'DROTIOST' for pharmaceutical preparations, infringing upon their registered mark 'DROTIN'. Given the potential for consumer confusion in the medical field, the court restrained the defendant from manufacturing or selling products under the impugned mark until further hearing.
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.
Hindustan Unilever Ltd. v.Mak Traders
This notice of motion pertains to an ongoing Commercial IP Suit where Hindustan Unilever Ltd. sought protection for its distinctive SURF EXCEL trade dress against Mak Traders' competing detergent products. The court granted an ad-interim injunction restraining the defendant from using any trade dress or mark deceptively similar to the Plaintiff's.
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 court granted leave under the Letters Patent Act and decreed the suit, imposing perpetual injunctions on the defendant.
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.
M/S. Lucky Exports v.The Controller Of Patents And Designs & Ors.
M/S. Lucky Exports challenged an order rejecting its appeal against the cancellation of Design No. 202108, which covered a 'Coaster Brake Sub Assembly'. The core dispute revolved around whether this mechanical component was purely functional and therefore ineligible for design registration, or if it possessed sufficient aesthetic features to qualify. The court examined arguments regarding prior publication and novelty, ultimately allowing the appeal by setting aside the impugned order.
Hindustan Unilever Limited v.Anil Chemicals
Hindustan Unilever Limited filed a suit against Anil Chemicals alleging infringement of its copyrighted artistic labels (WHEEL) and passing off through the use of deceptively similar artworks/trade dress (SURYA) on detergent products. The parties reached a settlement, leading to the court decreeing the suit.
Amrit B Sanghavi v.Dhanraj Surana
The suit involved a dispute over trademark infringement and passing off. The court granted permanent injunctions restraining the defendants from infringing the plaintiff's registered mark 'ITONE' with the use of 'DITONE', and also restrained them from passing off the plaintiff's goods.
International Cycle Gears v.The Controller Of Patents And Designs & Ors.
The petitioner appealed against the Controller's order allowing the cancellation of Design No. 201728 for a 'Coaster Brake Hub'. The appeal argued that the design was significantly different from known models, particularly those published in February 2005. However, the High Court upheld the Controller's finding, concluding that the design lacked novelty and originality as it was substantially identical to prior publications.
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.
Hindustan Unilever Limited v.Mak Traders
Hindustan Unilever Limited filed a Commercial IP Suit against Mak Traders alleging infringement and passing off related to their detergent preparations. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an ad-interim injunction.
Asian Paints Limited v.Rainbow Colours Co. and others
Asian Paints Limited filed a Commercial IP Suit against Rainbow Colours Co. and others alleging infringement of its distinctive trademarks and trade dress related to wall primers. The Bombay High Court granted leave under the Letters Patent Act and passed an order granting an interim injunction.
Asian Paints Limited v.Phinex Paints and Polychem Industries
Asian Paints Ltd filed a Commercial IP Suit against Phinex Paints and Polychem Industries alleging trademark infringement and passing off. The Bombay High Court granted leave under the Letters Patent Act and passed an order granting an interim injunction.
Relaxo Footwears Limited v.Aqualite India Ltd.
Relaxo Footwears Limited filed a suit seeking permanent injunction against Aqualite India Ltd. for allegedly infringing its registered footwear design No.294938. The core dispute revolved around whether the defendant's product was an obvious or fraudulent imitation of the plaintiff's protected design. During the interim application, the court directed a market survey which revealed numerous third-party products with near identical designs available in the market.
Eisai Co. Ltd. v.Satish Reddy
The plaintiffs, holding exclusive rights to Indian Patent No. 215528 for Lorcaserin, filed a suit seeking permanent and interim injunction against the defendants who were planning to commercialize an infringing drug (LHH). The court found that there was a prima facie case of infringement in favor of the plaintiff.
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.
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.
Bayer Corporation v.Union Of India & Ors.
This judgment addresses the interpretation of Section 107A of the Patents Act, 1970, commonly known as the Bolar provision. The court examined whether patented products could be exported for clinical trials and regulatory submissions outside India without constituting patent infringement. The bench affirmed that sale or use under Section 107A is legal both domestically and abroad, provided the end purpose is reasonably related to research and development for regulatory compliance. Furthermore, the judgment clarified that disputes regarding the legitimate scope of this exemption should be adjudicated in civil suits rather than public law proceedings like writ petitions.
Hindustan Unilever Limited v.Shree Shyam Udyog and Ors.
Hindustan Unilever Limited filed a suit against Shree Shyam Udyog for infringing its registered trade marks (SUNLIGHT) and copyrighted artistic packaging/trade dress. The court granted leave under Clause XIV of the Letters Patent Act and decreed the suit.
Hindustan Unilever Limited v.Shree Shyam Udyog and Ors.
Hindustan Unilever Limited filed a commercial IP suit against Shree Shyam Udyog for infringement and passing off. The court granted leave under Clause XIV of the Letters Patent Act and decreed the suit, granting permanent injunctions.
Hindustan Unilever Limited v.Shree Shyam Udyog and Ors.
Hindustan Unilever Limited filed a commercial IP suit against Shree Shyam Udyog for infringing its trade marks (SUNLIGHT) and copyrights related to detergent packaging. The court granted leave under the Letters Patent Act and decreed the suit, issuing permanent injunctions.
Ceat Limited v.Ambika Rubber Industries and others
The petitioner, Ceat Limited, filed a suit alleging infringement of its trademark CEAT and copyright in its original artistic work and trade dress. The court had previously granted ex-parte ad-interim relief. On this date, the defendants repeatedly failed to file their affidavits or appear before the court despite multiple adjournments, leading the court to pass an order directing them to appear on a specific future date while continuing the existing interim orders.
Retail Royalty Company and AEO Management Co. v.BV Quality Certification Private Limited and Kesharia Agencies (Madras)
This civil suit was filed by Retail Royalty Company and AEO Management Co. against BV Quality Certification Private Limited and Kesharia Agencies (Madras) seeking perpetual injunctions for infringing their registered mark 'Eagle' and committing copyright violations. The plaintiffs sought relief including damages, surrender of materials, and a preliminary decree for accounts of profits. However, the parties subsequently reached an amicable settlement.
Sun Pharma Laboratories Limited v.Madhusudan Pharmaceutical Agency and another
Sun Pharma Laboratories Limited filed a commercial IP suit against Madhusudan Pharmaceutical Agency and others alleging infringement of its registered trade mark 'PANTOCID-DSR'. The court granted leave under Clause XIV of the Letters Patent Act and passed an interim order restraining the defendants from dealing in products bearing the impugned trademark.
Hindustan Unilever Ltd. v.Jayalakshmi Enterprises
Hindustan Unilever Ltd. filed a commercial IP suit against Jayalakshmi Enterprises alleging infringement of its trademarks, copyrights, and trade dress concerning its detergent products. The court granted the injunctions sought by the plaintiff, restraining the defendant from using infringing marks or artwork.
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.
Triumphant Institute Of Management Education Pvt Ltd v.Time Plus Institute & Anr
The Delhi High Court granted an ad-interim injunction in favor of Triumphant Institute Of Management (T.I.M.E.) against Time Plus Institute, recognizing the strong likelihood of trademark infringement and passing off. The court found that the respondent's use of similar marks was likely to deceive the public and dilute T.I.M.E.'s established goodwill in the coaching industry. Furthermore, a local commissioner was appointed to seize infringing materials, reinforcing the protection of T.I.M.E.'s statutory and common law rights.
Nuvoco Vistas Corporation Limited v.Jk Lakshmi Cement Limited & Anr
The Delhi High Court confirmed the existing ex parte ad interim injunction in favor of Nuvoco Vistas Corporation Limited, which was seeking relief for trademark infringement and passing off. The court dismissed the defendants' application to vacate the order, primarily based on the principle that the defendants themselves had applied for registration of a similar mark (CONCRETA). This ruling reinforces the legal doctrine against 'approbation and reprobation,' preventing parties from contradicting their own prior actions in litigation.
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