IP Cases — 2020
299 decisions across all jurisdictions
Page 10 of 10 · 299 total
Adidas India Marketing Pvt. Ltd. v.Shiv Chetna Hosiery
Adidas India Marketing Pvt. Ltd. filed a suit alleging that Shiv Chetna Hosiery was manufacturing, stocking, distributing, and selling counterfeit apparels bearing falsified trademarks identical or confusingly similar to Adidas' registered trademark 'ADIDAS'. The court found that the plaintiff successfully proved its case through documentary evidence and market surveys.
Reliance Industries Limited & Anr v.Olx India B. V. & Anr
The Delhi High Court addressed applications concerning the ongoing trademark infringement suit filed by Reliance Industries against Olx India. The court confirmed that the existing interim injunction, initially granted to prevent misuse of 'JIO' and 'RELIANCE' trademarks in job advertisements, would continue throughout the pendency of the suit. Furthermore, the scope of this injunction was clarified to apply specifically to job-related misuses, while reserving rights for further action regarding product sales.
Ds Confectionery Products Ltd. v.Jayesh Pahilajrai Ramani &Anr.
The Delhi High Court granted an interim injunction in favor of Ds Confectionery Products Ltd. against Jayesh Pahilajrai Ramani &Anr. The plaintiff alleged that the defendant was using a phonetically and visually similar mark ('PLUSS') and trade dress to sell fruit candies, causing consumer confusion with the plaintiff's registered trademark 'PULSE'. The court found that the plaintiff had established a prima facie case and that granting relief was necessary to protect its commercial interests.
Adj Utility Apps Private Limited & Kyte Technologies Inc. v.Mr. Sumit Rajendra Shaha, Growthpond Technologies Private Limited, Risemetric Inc., & Rankz Inc.
This Karnataka High Court judgment records an amicable settlement between the parties involved in a copyright dispute concerning the 'Dukaan' application source code. The complex litigation, which included interim injunctions and technical evaluations by the Indian Institute of Science, was resolved through a Joint Compromise Memo. Key terms include a payment of USD 80,000 to Petitioner No. 2, an allotment of 1% common stock in Respondent No. 2-Company to one of the Petitioners, and mutual waivers of claims regarding both 'Disputed' and 'New Sourcecode'.
Calvin Klein Trademark Trust v.Ektarfa Garments Private Limited & Ors
The Delhi High Court addressed the trademark infringement suit filed by Calvin Klein Trademark Trust against Ektarfa Garments Private Limited. During the proceedings, the plaintiff indicated that the defendants had expressed interest in settling the matter. The court acknowledged these overtures and scheduled the case for further hearing on December 8, 2020, allowing time for settlement discussions.
International Society for Krishna Consciousness (ISKCON) v.Vishna Foods Private Limited
The Bombay High Court granted an ad-interim injunction in favor of International Society for Krishna Consciousness (ISKCON) against Vishna Foods Private Limited. The court found a prima facie case that the defendant was infringing on ISKCON's registered trademark and engaging in passing off by using a deceptively similar mark across various goods and services. This interim relief prevents the defendant from continuing unauthorized use of the mark until the final disposal of the suit.
Radico Khaitan Ltd. v.Vintage Distillers Ltd.
Radico Khaitan Ltd. successfully secured an ad-interim injunction against Vintage Distillers Ltd. in a trademark infringement suit concerning alcoholic beverages. The dispute arose from Vintage Distillers' adoption of the mark 'VINTAGE MOMENTS,' which Radico Khaitan argued was confusingly similar to its established and widely used brand, 'MAGIC MOMENTS.' The Delhi High Court found that Radico Khaitan had made out a prima facie case, leading to the grant of an interim injunction to prevent irreparable loss until the final hearing.
ASTRAZENCA AB & ANR v.AJANTA PHARMA LTD.
The plaintiffs filed a suit alleging infringement of their patent IN '625. The present order addressed the defendant's request for an early hearing, noting that in connected suits, the court had previously declined interim injunctions.
Midas Hygiene Industries Private Limited v.Ram Dev Industries And Anr.
Midas Hygiene Industries Private Limited filed a Leave Petition seeking permission from the Bombay High Court to initiate a civil suit against Ram Dev Industries & Anr. The petitioner alleged that the respondents were infringing upon their registered trademarks and engaging in passing off. The court examined the petition, noting the combined cause of action for infringement and passing off. Consequently, the court granted leave under Clause XIV of the Letters Patent, allowing the petitioner to proceed with the suit.
Danone Asia Pacific Holdings Pte Ltd. v.Alexi Pharmicia & Anr.
The Delhi High Court granted an ad-interim ex-parte injunction in favor of Danone Asia Pacific Holdings Pte Ltd. against Alexi Pharmicia & Anr. The dispute centered on the alleged infringement of Danone's proprietary rights, including its registered trademark 'PROTINEX,' trade dress, and associated copyrights, by the defendants who were selling a deceptively similar product under the mark 'PROTILEX.' The court found that the plaintiff had made out a prima facie case and that granting an injunction was necessary to prevent irreparable loss.
Novartis Ag & Anr v.Natco Pharma Limited
The plaintiffs sought revival of an earlier interim order restraining the defendant from manufacturing pharmaceutical preparations comprising 'Ceritinib'. The court noted that the initial order was suspended due to the suit patent being revoked. However, since the IPAB subsequently stayed the revocation order, the court revived the original ad interim relief.
Condor Footwear Limited v.Rajesh Jain
The Delhi High Court granted an interim injunction in favor of Condor Footwear Limited against Rajesh Jain, finding a prima facie case of trademark infringement. The court noted that the defendant's proposed trademark was deceptively similar to the plaintiff's registered mark 'AEROWALK' and was being used for the same goods (footwear). Given the potential irreparable harm to the plaintiff's established business interests, the court issued an immediate stay on the use of the disputed marks.
Chutraram Nemaram Gehlot v.Rajaram Magharam Tak
The Plaintiff filed an interim application seeking ad-interim relief against the Defendant for infringement of registered Trade Marks ('Prem Dulhan') and copyrighted artistic work ('PREM DULHAN GREEN LABEL'). The court found prima facie evidence establishing that the Defendant's use of 'DABANG DULHAN' is deceptively similar to the Plaintiff's established marks. Consequently, the court granted an ad-interim injunction.
Sulphur Mills Limited v.M/s.Dayal Fertilizers Pvt. Limited
Sulphur Mills Limited appealed against an order that revoked its leave to sue M/s.Dayal Fertilizers Pvt. Limited and others regarding alleged patent infringement (Patent No.282429). The core issue before the Madras High Court was whether the suit fell within the court's territorial jurisdiction, given that the defendants operated outside the state. The court ultimately allowed the appeal, holding that the revocation of leave to sue was incorrect due to jurisdictional concerns.
Aktiebolaget Volvo & Ors. v.Mantis Technologies Pvt. Ltd. & Ors.
The Delhi High Court ruled in favor of Volvo, granting permanent injunctions against several defendants for infringing and passing off the 'VOLVO' trademark. The court also ordered the transfer of specific domain names held by other defendants to Volvo. Furthermore, substantial damages were awarded to Volvo against those who willfully used the mark while evading legal proceedings, reinforcing the principle that evasion does not shield commercial gain.
Havells India Limited v.Ratheesh Govindan & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Havells India Limited against the defendants, finding a prima facie case of trademark infringement. The dispute centers on the unauthorized use of deceptively similar marks and logos (like STANDARD, STANGUARD, and HOMESAFE) by the respondents for electrical products. The court recognized that the plaintiffs possess common law rights in these brands due to long-term usage. Consequently, the defendants were directed to suspend exports and disclose their manufacturing sources pending further hearings.
Triumphant Institute Of Management Education Pvt. Ltd. v.Mega Limited & Ors.
The Delhi High Court addressed a copyright infringement suit filed by Triumphant Institute of Management against Mega Limited. The court acknowledged the plaintiff's claims regarding its registered trademark 'TIME' and copyrighted study materials. However, recognizing the intermediary status of the defendant, the court issued an interim order stipulating that the defendant must take down infringing content only upon receiving specific notice (URLs) from the plaintiff, aligning with safe harbor provisions under the IT Act.
ASTRAZENECA AB & ANR. v.MICRO LABS LIMITED
The plaintiff, AstraZeneca, filed a suit alleging infringement of its genus (IN 147) and species (IN 625) patents for the drug DAPAGLIFLOZIN (brand name FORXIGA). The defendant, Micro Labs Limited, was accused of manufacturing, selling, and seeking approval for generic versions. The court granted an ex-parte ad-interim injunction in favour of the plaintiff.
Nuziveedu Seeds Ltd. v.Mahyco Monsanto Biotech (India) Pvt. Ltd.
The petitioners challenged several arbitral awards related to licensing agreements for Bt. cotton seeds, arguing that the respondent failed to transfer technology and was liable to pay royalties. The Bombay High Court dismissed all commercial arbitration petitions, finding no patent illegality or infirmity in the impugned award.
M/S Babu Ram Om Prakash v.Mr. Roger Aoun
The Delhi High Court granted an ad-interim injunction in favor of M/S Babu Ram Om Prakash against Mr. Roger Aoun regarding the use of the trademark 'BLACK DIAMOND'. The plaintiff, a long-standing manufacturer of cosmetics and mehandi products, alleged that the defendant was deceptively adopting their registered mark. Citing prima facie evidence and irreparable loss, the court restrained the defendant from using the disputed mark until further hearing.
Ms Industries And Spirits P Ltd v.M/S. Allied Blenders And Distillers Pvt ...
This appeal challenged the grant of ex parte ad interim injunctions by the City Civil Court, Hyderabad. The original suit involved allegations of trademark and copyright infringement (passing off) concerning alcoholic beverages, specifically comparing 'Officer's Choice' with 'Manjeera Classic No.1 Whisky'. However, the Telangana High Court ultimately set aside these injunction orders, finding that the lower court failed to provide reasons for granting the ex parte relief as mandated by law.
M/s.Purva Metal Sections Pvt. Ltd. v.The Registrar of Trade Marks
The Madras High Court intervened in a matter concerning the delay in processing an opposition petition against a trade mark application. M/s. Purva Metal Sections Pvt. Ltd. sought judicial intervention to expedite the disposal of Opposition No. 1176324 related to Trade Mark Application No. 4853565. The Court, noting the prolonged delay despite complete pleadings, issued a directive mandating the Registrar of Trade Marks to resolve the matter within three months, ensuring both parties receive adequate opportunity to be heard.
USV Private Limited v.Akme Biotec
The Delhi High Court granted an interim injunction in favor of USV Private Limited against Akme Biotec. The court found that USV had established a prima facie case regarding trademark infringement, noting that the defendant was attempting to capitalize on the goodwill associated with USV's registered marks (VI-SYNERAL/VISYNERAL). Consequently, the defendant and its associates were restrained from using any deceptively similar trademarks until further orders.
Astrazeneca Ab v.Union Of India
Astrazeneca challenged an order from the Patent Office that directed immediate publication of its granted patent (IN 235625) due to a clerical error. The petitioner argued that this belated direction, after 11 years, would prejudice them by effectively extending the statutory limitation period for post-grant opposition beyond one year as stipulated in Section 25(2).
USV Private Limited v.Paksons Pharmaceutical Pvt Ltd
The Delhi High Court granted an interim injunction in favor of USV Private Limited against Paksons Pharmaceutical Pvt Ltd, finding a prima facie case of trademark infringement and passing off. The court noted that the defendant's use of a deceptively similar mark for 'Multi Vitamin Infusion' could mislead consumers into believing the product originated from the plaintiff. Consequently, the defendant was restrained from using the infringing trademark until further hearing.
Yanka Industries Inc. v.Starnet Masterschool Pvt. Ltd.
In a settlement order issued by the Delhi High Court, Yanka Industries Inc. and Starnet Masterschool Pvt. Ltd. reached an agreement regarding trademark infringement concerns. The defendant agreed to change its trademark and logo from 'Master School' to 'Celebrity School' within two weeks. Furthermore, Starnet Masterschool committed to transferring the domain name www.masterschool.in to Yanka Industries, disclosing subscriber details, and removing infringing content from social media platforms.
M/S Tirath Ram Jai Prakash v.Tirath Ram Jai Prakash & Co.
This Delhi High Court judgment confirms a settlement reached between M/S Tirath Ram Jai Prakash and Tirath Ram Jai Prakash & Co. regarding the trademark 'POOJA RAKHI'. The parties, who had previously sought mediation, agreed that the defendant would cease using the mark in Class 25 Wrist Band items. In exchange for this undertaking, the plaintiff waived claims for damages or profits, leading to the suit being decreed based on the settlement terms.
Sulphur Mills Limited v.M/s.Dayal Fertilizers Pvt. Limited
Sulphur Mills Limited appealed against an order that revoked its leave to sue M/s.Dayal Fertilizers Pvt. Limited and others for alleged infringement of Patent No. 282429. The core issue revolved around whether the court had territorial jurisdiction, given that the defendants operated outside the local limits. The Madras High Court allowed the appeals, restoring the suit to the Commercial Division.
Pharmacyclics Llc. v.Alkem Laboratories Ltd.
The Delhi High Court addressed a commercial suit filed by Pharmacyclics Llc. against Alkem Laboratories Ltd., alleging infringement of Patent IN 262968. The court noted that the plaintiffs had other related suits pending before different benches regarding the same patent. Consequently, the court ordered the listing of the current suit for further consideration.
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