IP Cases — 2019
339 decisions across all jurisdictions
Page 9 of 12 · 339 total
Bytedance Ltd. v.Don Cinema
This Bombay High Court judgment addressed an urgent application filed by Bytedance Ltd., the registered proprietor of the 'Tiktok' trademark, against Don Cinema. The dispute arose from an alleged announcement by the defendant regarding a web series titled 'Tiktok House.' After the defendant provided an undertaking to the court denying any such release, the plaintiff withdrew its request for ad-interim relief. The court subsequently set out procedural directions for further pleadings and hearing.
Panchhi Petha Store v.Union Of India & Ors
The Delhi High Court set aside an order passed by the Regional Director which rejected a trademark rectification application. The petitioner argued that the RD exceeded its jurisdiction by making a finding on the ownership of the 'Panchhi' trademark, a matter reserved for IP courts. The court agreed, stating that while the RD can examine name similarity to prevent consumer confusion, it cannot adjudicate disputed questions of trademark ownership between parties involved in ongoing litigation.
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.
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.
Asianet Star Communications Pvt Ltd. v.The Registrar Of Trademarks & Anr.
This Delhi High Court judgment addresses a dispute over the alleged abandonment of a registered trademark due to non-renewal. The petitioner argued that the mandatory O-3 notice for renewal was improperly backdated and uploaded using an outdated form (RG-3), making it invalid. The court recognized serious inconsistencies in the Trademark Registry's process, directing senior officials and the concerned Examiner to appear in court with explanations and documentation regarding the improper uploading of notices. Crucially, the court granted interim relief, ensuring the trademark would not be treated as abandoned pending a full inquiry.
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.
Supreme Agrofoods Pvt. Ltd. v.Union Of India
Supreme Agrofoods Pvt. Ltd. sought judicial direction from the Delhi High Court to compel the Union of India (Trademark Registry) to accept the renewal and/or restoration of its registered trademark, No. 1235463. The court disposed of the writ petition by allowing the petitioner a four-week window to submit the necessary renewal request along with the required restoration fee. This order clarifies that once submitted, the Trademark Registry will consider the application according to law.
M/s.Titan Paints & Chemicals Ltd. v.Mr. Mylsamy Ranga Ramanujam
M/s.Titan Paints & Chemicals Ltd. filed a Civil Miscellaneous Appeal seeking cancellation of Design Registration No. 188332. However, during the consideration of the matter, the counsel for the Appellant submitted that the relief sought had become infructuous.
The Chartered Institute Of Taxation v.Institute Of Chatered Tax Advisers Of India Ltd
The Delhi High Court allowed an appeal filed by The Chartered Institute Of Taxation against a lower court's dismissal of its interim injunction application regarding the trademark 'ADIT'. The Court found that the Respondent, Institute of Chartered Tax Advisers of India Ltd., was likely to cause enormous harm by using a similar name and mark. Consequently, the High Court set aside the impugned order and directed that the Defendant must refrain from launching any course under the name 'ADIT' while the main suit is pending.
Delight Chemicals Private Limited v.Ganga Yallappa trading as Sarpa Paint
The Madras High Court dismissed several petitions filed by Delight Chemicals Private Limited seeking the removal or rectification of trademarks registered under Ganga Yallappa. The court noted that the petitioner had previously won a suit for infringement and passing off against the respondent in 2019. Crucially, the respondents submitted that the subject trademark had not been renewed since 2017. Based on this development, the High Court found that there was nothing left to adjudicate in the pending petitions, leading to their dismissal as infructuous.
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.
Meher Distilleries Private Limited v.Raisen Marketing Private Limited
Meher Distilleries Private Limited filed an interim application alleging that Raisen Marketing Private Limited was infringing its registered trade mark and copyrighted artistic design used on its country liquor bottles. The court found a strong prima facie case for infringement.
Carlos Alberto Perez Lafuente v.Uoi & Ors.
The petitioner challenged the Deputy Controller of Patents & Designs' decision to refuse examination and treat his patent application as withdrawn due to a delay in filing Form-18 (request for examination). The court examined the relevant sections of the Patents Act, 1970, and held that since the request was made outside the prescribed time limit based on the earlier date (priority date), the petition lacked merit.
M/s. Sangeetha Caterers and Consultants LLP v.Sangeetha Food Corner
The Madras High Court ruled in favor of M/s. Sangeetha Caterers and Consultants LLP against Sangeetha Food Corner for trademark infringement and passing off. The court found that the defendant's use of 'SANGEETHA FOOD CORNER' was identical and deceptively similar to the plaintiff's well-known registered trademark 'SANGEETHA'. Consequently, the suit was decreed, granting a permanent injunction against further misuse of the mark.
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.
Lalit Kumar Arya & Anr. / Chaya Devi v.M/S Prabhat Zarda Factory International (Noida) / Family Members
This Delhi High Court judgment addresses complex disputes over several family-owned trademarks, including 'RATNA' and 'PRABHAT ZARDA'. The core conflict revolves around the ownership of these marks following the death of the original proprietor, Sh. Lalit Kumar Arya, and subsequent assignment to his daughter-in-law, Smt. Chaya Devi. The court has directed that the validity of the trademark assignments and the enforcement of existing injunctions must be adjudicated during the trial, acknowledging the intricate family succession issues.
Pharmacyclics Llc v.Union Of India And Ors.
This petition challenged the Controller's decision allowing an opponent to file additional evidence during a pending post-grant opposition. The petitioner argued that such late filings violated procedural timelines and prejudiced their case. While acknowledging the need for timely disposal of oppositions, the Court ultimately held that since the petitioner had already responded to the new evidence, it was appropriate for the Controller to consider all pleadings and documents when rendering the final decision.
M/s Elofic Industries (India) v.Mr. Viney Kumar Rai trading as Elofic Healthcare Pvt. Ltd.
The plaintiff, M/s Elofic Industries (India), a long-standing partnership concern dealing in filters, filed a suit alleging that the defendant, Mr. Viney Kumar Rai trading as Elofic Healthcare Pvt. Ltd., was infringing its trademark ELOFIC and passing off goods under similar names. The court found that the plaintiff successfully discharged the burden of proof regarding infringement.
Jasper Infotech Private Limited v.Aadi Sins & Ors
The Delhi High Court issued a significant interim order in favor of Jasper Infotech Private Limited regarding its SNAPDEAL trademarks. The court restrained the newly impleaded defendants from infringing the trademarks or passing off their business as affiliated with the plaintiff. Crucially, the court directed several domain registrars to immediately suspend numerous domains that were allegedly used for fraudulent activities related to the brand, and also ordered a freeze on specific bank accounts.
Unilever Plc. v.Lucky Products
Unilever Plc. filed a notice of motion seeking an interim order against Lucky Products for allegedly using a pirated trade dress and trademarks deceptively similar to VASELINE in their petroleum jelly products. The Bombay High Court granted the leave petition and issued a temporary injunction restraining the defendant from manufacturing, marketing, or selling such goods.
Marico Limited v.Chandrakant Gholap
Marico Limited filed a Notice of Motion seeking leave and an interim injunction against Chandrakant Gholap regarding the use of the PARACHUTE trade mark and trade dress. The Court granted the leave sought by the Plaintiff and further granted the prayer for an interim injunction, restraining the Defendant from manufacturing or distributing packaging materials bearing the infringing trademark/trade dress.
Sulphur Mills Limited v.Ms.Seema Rathi
Sulphur Mills Limited filed a civil suit alleging infringement of its patented agricultural composition (Patent No. 282429) against Ms. Seema Rathi and Balaji Agro. The parties subsequently reached an amicable settlement, which the court recorded and decreed.
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.
Bayer Intellectual Property Gmbh v.Dr. Abhijit Mukherjee
Bayer sought execution of a prior judgment restraining Dr. Abhijit Mukherjee and others from commercially launching 'RIVAROXABAN' during the lifetime of Patent IN 211300. The court accepted an undertaking from the defendants, including representatives of Dr. Reddy's Laboratories Limited, that they would not make commercial use of the product until the patent expires.
Dart Industries Inc v.Vijay Kumar Bansal
Dart Industries Inc. filed a suit against several defendants alleging infringement of their registered design (casserole lid) and passing off related to their Tupperware products. The court examined the scope of protection, noting that while the lid is independently registered, the plaintiffs claimed passing off for the entire casserole set. The court ultimately issued an interim order directing the defendants to furnish detailed sales particulars.
Ifrs Foundation v.Rammohan Bhave & Ors
The Delhi High Court decreed the suit in favor of IFRS Foundation against Rammohan Bhave & Ors following a comprehensive settlement. The defendants acknowledged the plaintiff's proprietary rights over the 'IFRS' trademark and its copyrighted standards. Key terms included the payment of ₹11 lakhs, the surrender of multiple domain names, the withdrawal of related trademark applications, and an undertaking to cease unauthorized use of the IFRS mark in training materials or goods.
Central Park Estates Pvt. Ltd. v.Trustbanq Reality Pvt. Ltd.
The Delhi High Court granted an interim permanent injunction in favor of Central Park Estates Pvt. Ltd., who holds the registered trademark 'BELLEVUE' for luxury apartments. The court found that the Defendants were using a confusingly similar mark, 'BELLE VUE', for their real estate projects. Consequently, the Defendants were restrained from launching any new projects under this name and faced restrictions on executing new sale deeds in existing projects.
Pidilite Industries Limited v.Golden Glue and others
Pidilite Industries Limited filed a Commercial IP Suit against Golden Glue and others alleging passing off related to its FEVICRYL product line. The court granted leave under Clause XIV of the Letters Patent Act and also passed an interim order granting specific injunctions.
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.
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.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.