IP Cases — 2020
264 decisions across all jurisdictions
Page 2 of 9 · 264 total
Starbucks Corporation v.Mr.Sunil & Ors.
The Delhi High Court decreed the suit in favor of Starbucks Corporation against Defendant No. 5 following a joint settlement agreement. The settlement confirmed that Starbucks owns registered trademarks (STARBUCKS, FRAPPUCCINO) and copyrights in its logos and artistic works. In exchange for a payment of Rs. 37,500/-, the defendant agreed to permanent injunctions restraining them from infringing or misusing these marks and copyrights, including ceasing the sale of counterfeit products.
Pranathmaka Ayurvedics Pvt Ltd v.Cocosath Health Products
This original petition challenged an interim injunction granted by the Commercial Court, Ernakulam, which restrained Pranathmaka Ayurvedics Pvt Ltd from appointing exclusive global marketers and transferring confidential product know-how. The High Court dismissed the petition, holding that since the petitioners had not shown reason for not availing the statutory remedy of appeal under Section 13(1) of the Commercial Courts Act, 2015, it would not interfere with the lower court's order.
Whitehat Education Technology Pvt. Ltd. v.Aniruddha Malpani
The Delhi High Court granted an ad-interim injunction in favor of Whitehat Education Technology Pvt. Ltd. against Aniruddha Malpani, who was accused of defamation and trademark infringement via social media posts. The court found that the plaintiff faced irreparable loss due to the defendant's derogatory tweets regarding its brand 'WHITE HAT JR'. Consequently, the defendant was ordered to immediately cease posting such content and take down a list of specific offending tweets within 48 hours.
Karan Bajaj & Anr. v.Pradeep Poonia
The Delhi High Court granted interim relief in favor of Karan Bajaj & Anr. against Pradeep Poonia, addressing allegations of trademark infringement, copyright violation, defamation, and unauthorized access to confidential business data. The court restrained the defendant from using similar marks like 'WhiteHat Sr' and prohibited him from hacking or circulating the plaintiffs' proprietary curriculum. Furthermore, the judgment mandated the removal of multiple defamatory tweets and YouTube content posted by the respondent.
Sopariwala Exports & Anr. v.Mr.Haji Iqbal Ahmed Ansari Trading As M/s Afzal Bidi Co. & Anr.
The Delhi High Court granted an ex parte ad interim injunction in favor of Sopariwala Exports & Anr. against Mr. Haji Iqbal Ahmed Ansari Trading As M/s Afzal Bidi Co. The plaintiffs, who hold extensive trademark rights for 'AFZAL' related to tobacco products, successfully demonstrated a prima facie case of infringement by the defendants selling similar goods under infringing marks like 'AFZAL BIDI No. 90.' This interim order protects the plaintiffs from irreparable loss while the main suit proceeds.
Glaxo Group Limited v.Park Pharmaceuticals
Glaxo Group Limited successfully concluded its trademark infringement litigation against Park Pharmaceuticals through an amicable settlement. The court decreed the suit based on the compromise, which required Park Pharmaceuticals to cease using deceptively similar marks like AQUAMENTIN and CETUM, acknowledge Glaxo's ownership of AUGMENTIN and CEFTUM, change product branding (to CLAVPARK and PARXETIL), destroy all infringing materials, and pay a settlement amount of Rs. 1,50,000.
Astrazeneca Ab & Anr. v.Torrent Pharmaceuticals Ltd., Micro Labs Limited, Zydus Healthcare Ltd., ERIS Lifesciences Ltd., USV Pvt. Ltd., MSN Laboratories Pvt. Ltd.
The plaintiffs sought permanent and temporary injunctions against various defendants for infringing their patents related to Dapagliflozin. The court found that the defendants had laid a credible challenge to the validity of the suit patent, leading the court to decline the grant of interim injunction.
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.
Sap Se v.Chetan Maini& Ors.
The Delhi High Court decreed the suit in favor of Sap Se following an amicable settlement reached with Chetan Maini. The settlement agreement established that the defendant admitted ownership of the SAP trademark and logo. Key terms included a permanent injunction against using the mark for educational services, destruction of infringing materials, cessation of providing pirated software, and payment of INR 100,000 in costs.
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'.
Microsoft Corporation & Anr. v.Pcpatchers Technology Pvt. Ltd. & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Microsoft against Pcpatchers Technology Pvt. Ltd. and associated parties. The suit alleged that the defendants were using various domain names and impersonating Microsoft's authorized technical support staff to defraud customers. The court found sufficient prima facie evidence, noting that the defendants were infringing on Microsoft's registered trademarks, domain names, and copyrights while engaging in fraudulent activities.
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.
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.
Havells India Limited v.Yash Fans Pvt. Ltd.
Havells India Limited filed a suit against Yash Fans Pvt. Ltd. for infringement of its design and passing off. The parties subsequently reached an amicable settlement, which was recorded by the court.
Unilever Plc. And Anr. v.Ashok Kumar (unknown person/s)
Unilever Plc. filed an interim application seeking ad-interim reliefs against an unknown defendant for the infringement of its registered trade marks (including LAKME and U-Logo), copyrights in artistic works, and passing off related to its FMCG products. The court granted immediate relief, empowering Additional Special Receivers to seize and seal all infringing goods.
Ms Gip Development Sarl v.Ms Trigur Electronics India Private Limited
The Delhi High Court granted an ad-interim injunction in favor of Ms Gip Development Sarl, the owner of the 'Blaupunkt' trademark. The petitioner sought relief after terminating a license agreement with Ms Trigur Electronics India Private Limited due to non-payment of minimum license fees. Given that the respondent had not challenged the termination and failed to pay outstanding dues, the court ruled that the respondent lacked authority to use the mark, thereby restraining them from manufacturing or selling products under 'Blaupunkt' until the final disposal of the case.
Kent Ro Systems Ltd And Anr v.Dilip Kumar Shukla & Ors.
In this ongoing commercial suit concerning alleged infringement and passing off related to Kent RO's products, the court addressed a procedural challenge regarding one of the defendants. The defendant argued that the design right relevant to their involvement had expired, prompting the plaintiff to consider removing them from the case. While no final judgment was reached, the court issued several directions for the completion of pleadings and document exchange.
Dhaval Diyora v.Union of India And Ors
The petitioner challenged the order passed by the Intellectual Property Appellate Board (IPAB) which had directed the Controller to issue a patent to Pfizer Products Inc. The petitioner argued that this order was passed without giving him an opportunity to be heard regarding his pre-grant opposition. The court dismissed the writ petition, finding the petitioner's conduct questionable and holding that the pre-grant opposition was not maintainable in law.
Unilever Plc & Anr. v.Vikas Sachdeva
Plaintiffs, Unilever Plc & Anr., filed an interim application seeking ad-interim reliefs in a suit for infringement of their registered trademarks and copyrights. Plaintiffs alleged that the defendant was clandestinely marketing and selling cosmetic preparations bearing counterfeit marks (LAKME, LAKME 9 to 5, LAKME EYECONIC) and infringing artworks. The court granted an interim order appointing an Additional Special Receiver to seize and seal the infringing goods.
Astrazeneca Ab & Anr. v.Alkem Laboratories Limited
Astrazeneca sued Intas Pharmaceuticals Limited and Alkem Laboratories Limited regarding two patents, IN 147 (genus) and IN 625 (species), covering the SGLT2 inhibitor Dapagliflozin (DAPA). The core dispute was whether DAPA, which is used to treat type-II diabetes, falls within the scope of the genus patent. The court ultimately dismissed the plaintiffs' applications.
Unilever Plc. v.Ranbir Narang
Unilever Plc. filed an Interim Application concerning the counterfeiting of its goods, which bear multiple registered trade marks (like POND'S, HUL) and copyrighted artistic containers. The court granted ad-interim injunctions against both defendants to prevent further infringement and directed a receiver to seize all infringing materials.
Unilever Plc v.Rahul Goyal
Plaintiffs, Unilever Plc (and its subsidiary Plaintiff no.2), filed an interim application seeking ad-interim reliefs against Rahul Goyal for infringement of their trademarks (LAKME, U-Logo, etc.), copyrights in artistic works, and passing off related to cosmetic preparations. The court granted the interim relief, appointing an Additional Special Receiver to seize and seal the infringing goods.
Tata Sons Private Limited & Ors. v.Sarfaraz Khan
The Delhi High Court granted interim relief in favor of Tata Sons Private Limited, finding a prima facie case of trademark infringement. The court noted that the defendant was using the deceptively similar mark 'TAZA WATER PLUS' while operating in the same trade channel as Tata's registered trademarks. Based on the balance of convenience and the risk of irreparable harm to Tata's goodwill, the court issued an immediate injunction restraining the defendant from using the infringing mark until the final hearing.
Qliktech International Ab v.DCIT (International Taxation)
The assessee, Qliktech International AB (a Swedish company), was assessed income from the sale of its software products (Qlikview) as 'royalty' under Section 9(1)(vi) and Article 12 of the India-Sweden DTAA. The Tribunal ruled in favor of the assessee, holding that the mere transfer of a copyrighted article does not constitute a transfer of copyright or payment for use/acquisition of rights, and thus is not taxable as royalty.
Philip Morris Brands S.A.R.L v.Ntc Industries Limited & Anr.
In this trademark dispute, Philip Morris Brands S.A.R.L challenged Ntc Industries Limited regarding the use of its stylized 'Maypole' mark and packaging devices. During the proceedings on October 20, 2020, the court noted that the defendants would place advertisements showing the use of the 'Maypole' mark since 1994 on record. Furthermore, the defendants assured the court they would not use the specific roof device integral to the plaintiff’s trademark packaging, leading the matter to be listed for further hearing.
Shalina Laboratories Private Limited v.Floris Biotech LLP
The dispute involved Shalina Laboratories Private Limited challenging Floris Biotech LLP regarding the use of the trademark FLOCLAV. The parties reached a settlement, with defendants providing undertakings and submitting new labels that were deemed distinctly different from the plaintiffs' artwork/trade dress.
Sarvasuddi Suryanarayana v.The Union Of India
The petitioner challenged the actions of various respondents, including the Union of India and the Deputy Registrar of Trade Marks, regarding delays in proceedings related to Trademark Application No. 3017984 (Opposition No. 969651). The petition sought a writ of mandamus to reject certain evidence and register the mark.
Dr. Reddys Laboratories Limited v.Pro Bios Pharmaceuticals Pvt. Ltd.
The Delhi High Court granted an ad interim ex-parte injunction in favor of Dr. Reddys Laboratories Limited against Pro Bios Pharmaceuticals Pvt. Ltd. The dispute centered on the unauthorized use and copying of the registered trademark 'OMEZ' for the medicinal preparation OMEPRAZOLE. The court found that the plaintiff had made out a prima facie case, noting both trademark infringement ('OMZES') and copying of packaging, thereby preventing irreparable loss to Dr. Reddys.
Dr. Reddys Laboratories Limited v.R S Chauhan Proprietor Of Fern Biotech & Mediva Lifecare
The Delhi High Court granted an ad interim ex-parte injunction favoring Dr. Reddys Laboratories Limited in its trademark infringement suit against R S Chauhan Proprietor Of Fern Biotech & Mediva Lifecare. The dispute centered on the use of 'RAZO' by the plaintiff and 'RAPRAZO' by the defendant for the drug Rabeprazole. The court found that the plaintiff had made out a prima-facie case, noting similarities in both the marks and the packaging design (blue and white color combination), leading to the grant of immediate injunctive relief.
Allied Blenders And Distillers Pvt Ltd v.Agribiotech Industries Limited (Abil)
The Delhi High Court granted an ad interim injunction in favor of Allied Blenders And Distillers Pvt Ltd against Agribiotech Industries Limited. The plaintiff alleged that the defendant was infringing on its registered trademarks ('Officers Choice') and copyrighted trade dress associated with its IMFL products, specifically by using a deceptively similar label for its 'Chetak Whisky'. The court found that there was a high likelihood of consumer confusion, satisfying both the 'average intelligence' test and the 'triple identity' test. This interim order protects the plaintiff's brand reputation pending final disposal of the suit.
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