IP Cases — 2019
339 decisions across all jurisdictions
Page 8 of 12 · 339 total
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.
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.
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.
Laila Nutraceuticals v.Vittal Malya Scientific Research Foundation (VMSRF)
Laila Nutraceuticals challenged an arbitral award requiring it to pay Rs. 84,00,000/- to Vittal Malya Scientific Research Foundation (VMSRF). The Plaintiff argued that the Defendant's patent claims lacked novelty and that the license agreement was invalid because it was not registered with the Patent Office. The court dismissed the suit, upholding the validity of the arbitral award.
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 travel, tourism, forex, and advertising businesses.
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.
M/s.Kaleesuwari Refinery Private Limited v.M/s.ALAMELU MANGA OIL COMPANY
M/s.Kaleesuwari Refinery Private Limited filed a civil suit against M/s.ALAMELU MANGA OIL COMPANY alleging infringement of its registered copyright (A-68242/2005) and trademark ('Gold Winner'). The plaintiff claimed the defendant was using deceptively similar trade dress, color scheme, and get up with the mark 'SUN F GOLD' on packing material for refined sunflower oil. Although the suit sought permanent injunctions and accounts of profits, the parties ultimately entered into a compromise.
Symphony Ltd. v.Wim Plast Ltd
Symphony Ltd. filed a suit seeking permanent injunction and damages against Wim Plast Ltd for allegedly infringing its registered designs related to air coolers. The dispute centered on the similarity between the plaintiff's protected designs and the defendants' products. Ultimately, both parties reached an amicable settlement, leading to the disposal of the suit.
Meena Prints Pvt. Ltd. v.Tata Kumar Swamy and Anr.
The petitioner, Meena Prints Pvt. Ltd., filed a suit against the respondents alleging infringement and passing off related to its registered trade mark 'Meena Prints' and copyright in its artistic work. The court granted permanent injunctions restraining the defendants from using deceptively similar marks and ordered them to pay damages/costs.
Hindustan Unilever Limited v.H. R. Chemical
Hindustan Unilever Limited filed a commercial IP suit against H. R. Chemical alleging infringement of its registered trademarks (Nos. 1486109, 1780462, and 1486107) and passing off in relation to detergent powder. The Bombay High Court granted permanent injunctions restraining the defendant from using identical or deceptively similar logos.
M/s.Kaleesuwari Refinery Private Limited v.M/s.Lakshmi Traders
M/s.Kaleesuwari Refinery Private Limited filed a civil suit against M/s.Lakshmi Traders alleging infringement of its registered copyright (A-68242/2005) and trademark ('Gold Winner'). The plaintiff claimed the defendant was deceptively using similar trade dress and color schemes on packaging for refined sunflower oil. However, during the proceedings, both parties reached a compromise. The court subsequently decreed the suit based on the Joint Memo of Compromise, ensuring the defendant would cease using the offending mark.
Filex Systems Pvt. Ltd. v.Deepika File Products
The Delhi High Court ruled in favor of Filex Systems Pvt. Ltd., granting a permanent injunction against Deepika File Products for passing off the plaintiff's trade name 'FILEX'. The court found that despite the defendant's arguments regarding prior use or lack of registration, the extensive and long-standing use of 'FILEX' by the plaintiff had established significant goodwill and reputation in the stationery market. This judgment underscores the protection afforded to unregistered marks when passing off is involved.
asian paints limited v.jain paints
Asian Paints Limited sued Jain Paints for trademark infringement concerning the marks 'APEX', 'GOLD DRY APEX', and 'AZPER' used on exterior emulsion paints (Class 02). Defendant No. 2 admitted in their written statement that a stay would not significantly impact them as they were not manufacturing, marketing, or selling the infringing goods.
Donato Styling Products v.Celine Health Care Private Limited
Donato Styling Products filed a Commercial IP Suit alleging trademark infringement and passing off by Celine Health Care Private Limited. The court granted leave to the petitioner and subsequently passed an interim order granting a temporary injunction against the defendants regarding the use of similar trademarks.
Metro Brands Ltd. v.Metro Footwear
The Plaintiff filed a Commercial IP Suit alleging that the Defendant was infringing its registered trademark 'METRO' and engaging in passing off. The Court found prima facie satisfaction regarding the infringement and granted ad-interim relief.
Hindustan Unilever Limited v.Dhananjay Gruh Udyog
Hindustan Unilever Limited filed a Commercial IP Suit against Dhananjay Gruh Udyog alleging infringement and passing off related to its registered 'SPLAT device mark'. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and decreed the suit in favor of the Plaintiff. The court issued perpetual injunctions restraining the defendant from using the infringing marks on detergent preparations and ordered the destruction of all bearing goods.
M/s.Murugan Metal Industries v.Murugan Metal
M/s. Murugan Metal Industries filed a civil suit against Murugan Metal alleging infringement and passing off related to their registered trademark 'MURUGAN' and its associated artistic label. The plaintiffs sought permanent injunctions, destruction of infringing materials, and accounting of profits. Ultimately, both parties reached a compromise, leading the Madras High Court to decree the suit based on the terms of the memorandum of compromise.
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 Kaleesuwari Refinery Private Limited v.M/s Anitha Marketing
M/s Kaleesuwari Refinery Private Limited filed a civil suit against M/s Anitha Marketing alleging infringement of its registered trademark 'Gold Winner' and copyright violation related to the packaging of edible oil. The plaintiff claimed that the defendant was using the deceptively similar mark 'The Gold Drops' and passing off inferior products as the plaintiff's brand. Both parties ultimately reached a compromise, leading the Madras High Court to decree the suit based on the terms of the memorandum.
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.
Hindustan Unilever Limited v.Jms Industries
Hindustan Unilever Limited filed a Commercial IP Suit against JMS Industries concerning trademark infringement and passing off related to detergent preparations. The court granted leave under Clause XIV of the Letters Patent Act and issued an interim injunction restraining the defendant from using the mark SARAF or the SPLAT Device in connection with similar goods.
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.
Hindustan Unilever Limited v.Sree Annapoorna Foods
Hindustan Unilever Limited appealed an order that allowed Sree Annapoorna Foods to amend its plaint to include a claim for rendition of accounts. The appellant argued that this amendment changed the nature of the suit and was contrary to Section 135 of the Trade Marks Act, 1999. The Madras High Court dismissed the appeal, agreeing with the single judge's finding that the amendment did not fundamentally alter the character of the original infringement and passing off suit.
Noor Hospital Trust And 7 Ors v.Sajid Ali Khan
The Bombay High Court addressed a commercial IP suit concerning the alleged passing off of a hospital's trademark. The Plaintiffs, Noor Hospital Trust, sought to restrain the Defendant from using 'NEW NOOR HOSPITAL,' claiming deceptive similarity to their established mark 'NOOR HOSPITAL.' The court framed multiple issues covering passing off, descriptiveness of the term 'NOOR,' and claims for damages and injunctions, setting a clear path for the evidence phase.
Teva Pharmaceuticals International v.Orbicular Pharmaceutical Technologies Pvt. Ltd.
Teva Pharmaceuticals International filed an Original Petition seeking the appointment of a Local Commissioner in Telangana High Court. The purpose was to collect documents and testimony from Orbicular Pharmaceutical Technologies Pvt. Ltd., which was involved in a U.S. patent infringement case concerning Teva's anti-cancer drug, Bendeka®. The court granted the petition, directing the Principal District Judge, Ranga Reddy, to conduct the proceedings under strict confidentiality terms.
Senthilkumar Ramamoorthy J v.Unknown
The Applicants sought an interim injunction restraining the Respondent from infringing their registered designs of operating tables and accessories, and from passing off the Respondent's products as theirs. The Respondent argued that the designs were not new and had been in use for decades. The Court ultimately disposed of the Original Applications on terms requiring the Respondent to maintain and submit quarterly accounts related to the sale of similar products.
Elder Projects Ltd. v.Elder Labs Limited & Ors.
This Delhi High Court order addressed a trademark dispute concerning the use of 'Elder' on pharmaceutical products. The court heard statements from key executives of both parties, including those from Elder Projects Ltd. and Elder Labs Limited. While the plaintiff raised claims regarding unauthorized use, the court noted that it was of a prima facie view that the plaintiff had made false claims, reserving judgment on this matter for future hearings.
Mrf Limited. v.Metro Tyres Limited.
Mrf Limited filed a suit alleging that Metro Tyres Limited infringed its copyright by producing a similar advertisement for their tyres. The plaintiff claimed the defendant's ad was a substantial and material copy of their original cinematic work. However, the Delhi High Court found that after applying the R.G. Anand test, the two advertisements were neither substantially nor materially similar in substance or kernel. Consequently, the court dismissed the plaintiff's application for an interim injunction.
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.
Central Park Estates Pvt Ltd & Ors v.Darshanam Life Space Private Limited
The Delhi High Court stayed an adverse interim order that had vacated the appellants' ex-parte injunction, which was related to trademark infringement concerning 'Central Park'. The court acknowledged the strong goodwill and reputation of the appellant's registered mark. While keeping the core dispute in abeyance, the court granted permission for the respondent to sell remaining unsold flats, balancing the need to protect IP rights with commercial realities.
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