IP Cases — 2020
299 decisions across all jurisdictions
Page 3 of 10 · 299 total
Deepak Nitrite Limited v.Sara Chemicals & Consultants
Deepak Nitrite Limited sought an urgent ad-interim injunction against Sara Chemicals & Consultants, alleging that Sara Chemicals had unilaterally filed five patent applications based on a proprietary process developed by Deepak Nitrite. The Petitioner argued that the relevant data and technology belonged exclusively to them, and there was a risk of third-party disclosure.
FMC Corporation v.Modern Insecticides Limited
FMC Corporation filed a suit alleging that Modern Insecticides Limited was infringing its valid Indian Patent (IN 201307) related to the insecticide Chlorantraniliprole (CTPR). The plaintiffs, who are co-owners of the patent, claimed that the defendant was manufacturing and exporting the compound, thereby violating their intellectual property rights. Based on the prima facie case presented by FMC Corporation, the Delhi High Court granted an ex-parte ad-interim injunction in favour of the plaintiffs.
Vidya Mandir Classes Limited v.Swastik Classes Private Ltd &Others
In this intellectual property dispute concerning educational services, the Delhi High Court issued an order addressing interim relief. The defendants committed to ceasing the use of the plaintiff's registered trademark and returning existing course materials. Furthermore, both parties indicated a willingness to refer the ongoing disputes to sole arbitration, while also agreeing to provide a list of affected students to determine their future enrollment.
Arg Outlier Media Asianet News Private Limited v.Shailputri Media Private Limited
The Calcutta High Court granted interim protection to Arg Outlier Media Asianet News Private Limited in a passing off suit against Shailputri Media Private Limited. The court found that the defendant's use of 'Republic Hindi,' coupled with similar font and color schemes, was deceptively similar to the plaintiff's established mark, 'Republic TV.' Despite arguments regarding the generic nature of the word 'Republic,' the court prioritized the visual similarity and prior usage by the plaintiff, granting the requested injunction.
Capital Food Pvt. Ltd. v.Radiant Indus Chem. Pvt. Ltd.
The Delhi High Court addressed an application seeking interim relief in a trademark infringement suit concerning 'SCHEZWAN CHUTNEY'. While the court found that 'SCHEZWAN CHUTNEY' is likely a descriptive and common term, thus denying the injunction against the mark itself, it granted protection for the plaintiff's trade dress/packaging and marketing content. This mixed ruling highlights the distinction between protecting generic product descriptors versus unique visual branding elements in IP law.
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 Sami -Sabinsa Group Limited v.Union Of India
M/S Sami-Sabinsa Group Limited filed a writ petition seeking an interim order to stay the execution of a notice and requesting that respondents refrain from opposing their pending patent applications. The court subsequently granted leave for the petitioners to withdraw the petition.
Bridgestone Corporation v.Controller General Of Patents Designs & Trademarks & Anr
The Delhi High Court issued an interim order in the matter of Bridgestone Corporation versus Controller General Of Patents Designs & Trademarks. The court directed both parties to prepare and exchange short notes detailing their submissions and to compile relevant judicial precedents for consideration. This procedural step moves the case closer to final disposal, which is scheduled for February 2, 2022.
Sun Mobility Private Limited v.Mr. Arumugam Rajpendra Babu
The appeal challenged an order that appointed a Scientific Advisor to adjudicate a dispute over patent infringement. The plaintiff claimed his patents covered specific EV battery charging systems, while defendants were accused of infringing with 'quick interchange station' technology. The High Court confirmed the single judge's order appointing the Scientific Advisor and dismissed the appeal.
M/S Hari Chand Shri Gopal v.Evergreen International (Through Its Proprietor)
The Delhi High Court granted an ad interim injunction in favor of M/S Hari Chand Shri Gopal against Evergreen International. The court found a prima facie case of trademark infringement and passing off, noting that despite no phonetic similarity between 'GOPAL' and 'KRISHNA', there was clear conceptual similarity and deceptive trade dress. This ruling temporarily halts the defendant's sale of similar chewing tobacco products until the full trial.
M/s.Puravankara Projects Limited v.Saurabh Singh
M/s.Puravankara Projects Limited filed a civil suit seeking permanent injunctions against defendants, including Saurabh Singh, Godaddy India, Google India, M/s.Godaddy.com LLC, and Google Inc. The suit alleged trademark infringement (under No.1185286) and copyright infringement related to the name 'PURAVANKARA' and its artistic label, primarily concerning deceptive use of domain names and websites. Although the initial claims sought damages and injunctions, the plaintiff subsequently instructed their authorized signatory to withdraw the suit as the principal claim had been redressed.
Ds Confectionery Products Ltd. v.Mahadev Confectionery & Ors.
The Delhi High Court addressed two matters concerning trademark disputes between Ds Confectionery Products Ltd. and Mahadev Confectionery & Ors. In the main suit, the matter was adjourned to allow further negotiation regarding a proposed change of trademark by the defendants. Separately, the court issued notice for an application filed by the plaintiff under Section 124 of the Trade Marks Act, 1999, setting a date for the defendant's reply.
Designarch Consultants Pvt Ltd And Anr v.Jumeirah Beach Resort Llc
The Delhi High Court disposed of cross-appeals between Designarch Consultants and Jumeirah Beach Resort LLC based on a comprehensive settlement agreement reached by both parties. The settlement mandates that Designarch must cease using certain 'BURJ' formative marks (other than BURJNOIDA) and refrain from designing buildings resembling Jumeirah’s pictorial references. In return, Jumeirah agrees to withdraw several cancellation petitions filed against Designarch's trademarks, while Designarch acknowledges Jumeirah's ownership of its key brands.
All India Patent Officers Welfare Association v.Union Of India & Ors
The All India Patent Officers Welfare Association filed a petition alleging that the Controller General of Patents, Designs and Trademarks (CGPDTM) unlawfully provided access to sensitive, unpublished trademark and patent application data to a private multinational company. The petitioner argued this access lacked necessary checks and balances. The Delhi High Court accepted the petition and directed an investigation into the matter, setting a timeline for the respondents to file their reply.
International House Of Pancakes LLC. v.IHOP Cake N Bake & Ors.
The Delhi High Court granted an ad-interim injunction in favor of International House Of Pancakes LLC. (Plaintiff) against IHOP Cake N Bake & Ors. (Defendants). The plaintiff, a global brand owner of 'IHOP', sought protection against the defendants' use of the identical mark. The court found that the plaintiff had made out a prima facie case and that granting an injunction was necessary to prevent irreparable loss, thereby protecting the established reputation of the trademark.
Essdee Industries Through Proprietor Sridhar Velangi v.Esbee Electrotech LLP
This Civil Writ Petition was filed by Essdee Industries against Esbee Electrotech LLP, challenging a previous court order. The impugned order allowed the respondent/plaintiff to conditionally withdraw their composite suit, granting them the liberty to file two separate suits concerning alleged trademark and design infringement of their rights. The Bombay High Court proceeded with issuing notice in this appeal.
The Indian Express (P) Ltd. And 2 Others v.Prashant Goenka And 11 Others
The Bombay High Court addressed a contempt petition alleging breach of an interim order concerning the use of 'INDIAN EXPRESS' trademarks and Ramnath Goenka's copyrighted photographs. After the respondents unconditionally apologized for the inadvertent breaches, the court directed digital platforms (YouTube and Facebook) to remove specified infringing URLs. The primary contempt petition was thus disposed of, while a separate application seeking rejection of the plaint against one defendant was remanded for further hearing.
Rajkumar Sabu v.Kaushalya Devi Sabu & Ors.
The Delhi High Court granted an application by the Plaintiff, Rajkumar Sabu, allowing for the appointment of Local Commissioners. The dispute centers on the unauthorized use of the registered trademark 'SACHAMOTI' by the Defendants, who continued to sell products bearing the registration symbol (®) despite prior court orders prohibiting such usage. The commissioners were authorized to inspect premises, seize infringing goods and packaging, and take related documentation.
Astrazenca Ab v.West Coast Pharmaceuticals Works Ltd.
Astrazenca filed a suit alleging that West Coast Pharmaceuticals Works Ltd. was manufacturing the drug Dapagliflozin, which is protected by Astrazenca's patents (IN '147 and IN '625). The defendant entered an undertaking acknowledging the validity of the patents and agreeing not to infringe them.
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.
Raf Stationery Mfg Co. v.Ms Goel Trading Co Through Its Proprietor Mr Ankur Goel & Ors.
The Delhi High Court granted an interim injunction in favor of Raf Stationery Mfg Co. against Ms Goel Trading Co. The court found prima facie evidence that the defendant was infringing on the plaintiff's common law trademark rights by using deceptively similar marks, specifically 'DIGITAL PLUS+' and 'GTC DIGITAL PLUS+'. Given the extensive use of the plaintiff's marks and the potential for irreparable harm to its commercial interests, the defendants were immediately restrained from manufacturing or selling the disputed products.
Monsanto Holdings Private Limited v.Competition Commission Of India
Monsanto Holdings Private Limited challenged several orders issued by the Competition Commission of India (CCI) concerning allegations of unfair trade practices related to the 'trait fee' charged for using Bt. Cotton technology. The core dispute revolved around the licensing terms and recurring fees imposed by MMBL, a subsidiary in India. The Delhi High Court dismissed the petitions, finding no reason to interfere with the CCI's administrative orders, provided they were not arbitrary or unreasonable.
S K Cosmetics v.The Controller General Of Patents, Designs and Trade Marks
The Delhi High Court addressed a challenge filed by S K Cosmetics against the Trademark Registry's changes in online records. The core issue was whether filing Forms TM-33 or TM-34 could unilaterally change the ownership of a registered trademark. The court clarified that these forms are strictly for changing descriptions or addresses, not for transferring proprietary rights. Any change in ownership must be processed through the appropriate assignment form (TM-P), ensuring due process and allowing interested parties to object.
H Lundbeck A/S v.Hetero Drug Ltd.
The plaintiffs alleged that the defendants were infringing their patent (IN 227963) by manufacturing and exporting substantial quantities of the anti-depressant drug Vortioxetine. The court found a prima facie case in favour of the plaintiffs, considering the allegations of export and potential use under Section 107 of the Patents Act.
Shalina Laboratories Private Limited v.Maxwell Life Science Pvt. Ltd.
The Bombay High Court confirmed the existing interim injunctions granted to Shalina Laboratories against Maxwell Life Science. The dispute centered on trademark infringement ('SUPER APETI' vs 'SUPER PEPTI'), copyright infringement related to packaging/trade dress, and passing-off concerning pharmaceutical preparations. By confirming these orders, the court maintained the status quo, ensuring the Plaintiff's rights were protected while the main commercial IP suit proceeds.
Astrazeneca Ab v.Emcure Pharmaceuticals Limited
The plaintiffs, AstraZeneca, allege that the defendants are infringing their patents related to the compound 'Dapagliflozin', used for treating type-2 diabetes. The plaintiffs seek an injunction against the defendants for not seeking licenses for the patents.
Kamal Kishore Arora v.Central Public Information Officer, Trade Marks Registry
The appellant filed an RTI application seeking detailed particulars of trade mark registration applications that were unlawfully accepted, withdrawn, and the subsequent disciplinary action taken against concerned Examiners. The CPIO initially denied providing certain information citing exemptions under the RTI Act. The Commission found the CPIO's reply misleading regarding complaints received by the organization and directed a revised response.
Montblanc Simplo Gmbh v.Montblancindia.Com & Ors.
The Delhi High Court issued crucial interim directions in favor of Montblanc Simplo Gmbh against alleged counterfeiters. Recognizing ongoing illegal activities, including the sale of fake products using the registered trademark and the use of an infringing website, the court ordered the immediate freezing of specific bank accounts linked to the defendants. Furthermore, it directed the domain registrar (GoDaddy) to suspend the problematic website, www.virtuindia.co.in, protecting public interest while the main litigation proceeds.
Sporta Technologies Pvt Ltd v.Dream11 Team
The Delhi High Court granted an interim injunction in favor of Sporta Technologies against Dream11 Team, finding a prima facie case of trademark infringement. The court recognized that the defendant was slavishly adopting identical trademarks and logos, causing consumer confusion. Consequently, the defendants were restrained from using the infringing mark or similar logos, and the court ordered the domain registrar (GoDaddy) to suspend/block the infringing domain name www.dream11team.com.
adidas AG / adidas India Marketing Private Limited v.Mr. Anwar Ali
Adidas AG and its Indian subsidiary filed a suit against Mr. Anwar Ali for infringing their registered trademarks ("adidas", "three bars", etc.) and copyrights on shoes and accessories. The court found that the defendant was manufacturing, stocking, and selling inferior quality goods using deceptively similar marks, causing damage to Adidas' reputation.
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