IP Cases — 2019
328 decisions across all jurisdictions
Page 9 of 11 · 328 total
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.
Hindustan Unilever Ltd. v.Mahabir Enterprises
Hindustan Unilever Ltd. filed a commercial IP suit against Mahabir Enterprises alleging infringement of its copyrighted artistic packaging/trade dress and misuse of the 'Sunlight' trade mark in detergent products. The Bombay High Court granted permanent injunctions restraining the defendant from infringing the copyright and passing off, while also imposing a fine of Rs. 5,00,000/-.
Asian Paints Ltd. v.Micro Paints
Asian Paints Ltd. filed a suit against Micro Paints alleging that the defendant was using pirated trade dress and marks deceptively similar to the plaintiff's label marks (TRUCARE) and trade dress (ULTRA DECO). The Bombay High Court granted an interim injunction restraining the defendant from manufacturing, marketing, or selling goods under such deceptive marks.
Jhs Svengard Laboratories Limited v.Ranir Llc & Anr.
The Delhi High Court addressed a dispute concerning the unique ornamental design of toothbrushes, where JHS Svengard Laboratories claimed exclusive rights over its 'CURVY' design. The court noted that the Plaintiff sought an injunction against Defendants selling similar products and had previously initiated a trademark cancellation action against one of the defendants. Recognizing the interconnected nature of the claims, the Court ordered the transfer of the pending trademark cancellation petition to be heard alongside the current infringement suit.
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.
Onyx Therapeutics, Inc. v.Union Of India & Ors
Onyx Therapeutics, Inc. challenged procedural orders issued by the Controller General of Patents concerning a post-grant opposition filed against their Indian Patent No. 255964. The petitioner argued that denying them the opportunity to cross-examine expert witnesses relied upon by the opponent violated principles of natural justice. The Delhi High Court agreed, finding that the denial vitiated the proceedings and set aside the impugned orders.
Brihan Karan Sugar Syndicate Private Limited v.Konkan Agro Marine Industries Private Limited
The petitioner filed a commercial IP suit against the respondent regarding the use of bottles bearing a registered mark. The court recalled an ex-parte order after the plaintiff failed to disclose a prior cease and desist notice. Subsequently, ad-interim relief was granted in favor of the plaintiff.
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.
Novartis Ag v.Natco Pharma Limited
The plaintiffs filed an application seeking to defer or modify the appointment of a scientific expert to determine if the defendant's product, VALSAC, falls within the scope of Claim 1 of their patent (IN 229051). The court accepted the suggestion to appoint an expert from the Roll of Experts and framed a specific question for the appointed Expert Advisor.
M/S.M K Food Products v.M/S.S H Food Products
M/S.M K Food Products challenged the return of its plaint filed in the Commercial Court alleging copyright infringement concerning product packing design. The court held that since the suit sought permanent injunction against infringement, it inherently contemplated urgent relief. Therefore, the requirement to exhaust pre-institution mediation under Section 12(A)(1) of the Commercial Courts Act was found illegal and set aside.
Hindustan Unilever Limited v.Eureka Forbes Limited & Anr
Hindustan Unilever Limited sued Eureka Forbes Limited for infringement of its water purifier patent (IN 198316). The defendants challenged the suit by arguing that an infringement suit is not maintainable against another registered patentee. The court ultimately held that a patentee is entitled to maintain such a suit, deciding the preliminary issue in favor of the plaintiff.
Galatea Ltd v.Diyora And Bhanderi Corporation
The Gujarat High Court rejected the application for stay of the suit (C/CS/2/2017) and proceeded to frame issues regarding alleged infringement of a suit patent. The court also issued directions to expedite the recording of evidence, directing the record to be transmitted to the District Court, Vadodara.
Hindustan Unilever Ltd. v.Tuba Chemical Works
Hindustan Unilever Ltd. filed a Commercial IP Suit against Tuba Chemical Works alleging infringement and passing off related to its registered trademarks in Class 03. The Bombay High Court granted leave under the Letters Patent Act, decreed the suit, and issued permanent injunctions against the defendant.
Hindustan Unilever Ltd. v.Tuba Chemical Works
Hindustan Unilever Ltd. filed a Commercial IP Suit against Tuba Chemical Works alleging infringement and passing off related to its registered trademarks in Class 03. The court granted leave under the Letters Patent Act, decreed the suit, and issued permanent injunctions against the defendant.
Hindustan Unilever Ltd. v.Tuba Chemical Works
Hindustan Unilever Ltd. filed a Commercial IP Suit against Tuba Chemical Works alleging infringement and passing off related to its registered trademarks in Class 03. The Bombay High Court granted leave, decreed the suit, and issued permanent injunctions restraining the defendant from using similar logos or marks on detergent powder.
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.
Rajendra Singh Shekawat v.M/S Shrinath Heritage Liquor Pvt Ltd
The Rajasthan High Court dismissed the appeal filed by Rajendra Singh Shekawat against an order that denied a temporary injunction. The plaintiff, holding registered trademarks MAHARAJA MAHANSAR and MAHARANI MAHANSAR, alleged infringement by the defendant's use of 'Mahansar D.J. Special.' While the court acknowledged the similarity in the word 'MAHANSAR,' it held that determining whether this commonality constitutes deceptive similarity or infringement is a complex question of fact requiring evidence from a regular trial. Consequently, the appeal was dismissed, but the defendant was directed to provide production and sales accounts to facilitate potential restitution if the plaintiff succeeds later.
Corum Hospitality v.WBSE IT Solutions Pvt. Ltd.
Corum Hospitality filed a Commercial IP Suit against WBSE IT Solutions Pvt. Ltd. alleging infringement and passing off concerning its registered trademarks, specifically 'THE BAR STOCK EXCHANGE'. The parties reached a settlement before the Bombay High Court.
Bayer Intellectual Property Gmbh And Anr v.Symed Laboratories Ltd
The execution petition sought to enforce a consent decree from 2015, which restricted Symed Laboratories Ltd from commercially exploiting RIVAROXABAN. The plaintiff later learned that the defendant had obtained a commercial license and made exports. The court addressed jurisdictional objections before disposing of the petition.
Corum Hospitality v.WBSE IT Solutions Pvt. Ltd.
The suit involved allegations that the Defendant was infringing the Plaintiff's registered trademarks by using deceptive names like 'WORLD BAR STOCK EXCHANGE' and 'WBSE IT Solutions Pvt. Ltd.' The parties reached a settlement before the court.
Oriflame India Pvt. Ltd. v.Dinender Jain & Others
In this interim order, the Delhi High Court addressed a suit filed by Oriflame against various defendants, including Amazon. The core dispute centered on whether Direct Selling Entities (DSEs) like Oriflame must obtain prior written consent before their products are sold on e-commerce platforms. While Amazon argued it was merely an intermediary exempt from liability under the IT Act, the Court issued specific interim directions. These orders mandate Amazon to identify sellers offering Oriflame's products and verify if they have obtained proper consent; listings without consent must be removed within strict timelines.
Akhil Bhatia & Anr. v.Shri Krishan Kumar Bhatia & Ors.
The Delhi High Court issued an interim order in the dispute concerning the trademark 'ELLWIN'. Recognizing that settlement was not immediately possible, the court directed all parties to maintain the status quo regarding relevant assets and businesses. Crucially, the Registrar of Trademarks was instructed not to act on a specific assignment deed dated July 18, 2018, thereby keeping proceedings related to that transfer stayed.
Panacea Biotec Limited v.Union of India and others
Panacea Biotec Ltd. challenged the grant of its vaccine patent (IN'351) after the Opposition Board provided a recommendation that the Petitioner deemed 'flawed.' The Petitioner sought the High Court to reconstitute a new Opposition Board. The court rejected the petition, holding that the Act provides a self-contained mechanism for expert adjudication and judicial interference is unwarranted at this stage.
M/s.Apex Laboratories Pvt. Ltd. v.Bafna Biotech
M/s.Apex Laboratories Pvt. Ltd filed a civil suit against Bafna Biotech alleging trademark infringement, passing off, and copyright violation related to the 'ZINCOVIT' brand. The plaintiff sought permanent injunctions and damages due to the defendant using deceptively similar marks like ZINCOVITA on pharmaceutical products. Both parties ultimately reached a compromise, leading the Madras High Court to decree the suit based on the terms of the Memorandum of Compromise.
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.
Marico Limited v.Mahajan Group Of Industries & Ors.
The Delhi High Court granted an interim injunction in favor of Marico Limited against Mahajan Group Of Industries & Ors. The court found a prima facie case of infringement and passing off regarding the plaintiff's 'SAFFOLA Oats' brand. Given that the defendants were allegedly selling oats with packaging deceptively similar to SAFFOLA, the court restrained them from manufacturing or distributing the competing product, 'NUTRI DELITE OATS,' until further orders.
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.
Glenmark Pharmaceuticals Ltd. v.Nk Singh & Ors.
Glenmark Pharmaceuticals Ltd. sought an ad interim injunction against Nk Singh & Ors., alleging that the defendants were openly offering for sale a patented anti-hyperglycemic agent, REMOGLIFLOZIN ETABONATE. The court found that the plaintiff held exclusive rights and granted the injunction.
Amit Bansal v.Amit Garg & Anr
The Delhi High Court stayed an earlier injunction order passed by the ADJ in a trademark dispute involving 'ATHERMAL'. The appeal challenged the lower court's decision, which had favored the plaintiff (Amit Garg) based on registration and alleged prior use since 2003. However, the High Court noted serious procedural flaws, including the inclusion of an unverified party (Plaintiff No. 2), and directed further examination of the trial record.
Novartis Ag v.Natco Pharma Limited
Novartis filed a suit seeking permanent injunction against Natco Pharma Limited for infringing its patented pharmaceutical composition, Valsartan + Sacubitril (Patent No. 229051). The dispute centered on whether Natco's product, VALSAC, was identical to the claimed invention. The court found prima facie merit in Novartis' contentions and appointed an independent Expert Advisor to determine infringement.
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