IP Cases — 2020
264 decisions across all jurisdictions
Page 3 of 9 · 264 total
Minda Corporation Ltd. v.Star Minda Oil Lubricants Ind. Ltd.
The Delhi High Court granted an interim injunction in favor of Minda Corporation Ltd. against Star Minda Oil Lubricants Ind. Ltd. The plaintiffs alleged that the defendant's adoption of the 'STAR MINDA' mark was deceptively similar to their registered device marks, leading to a risk of consumer confusion and passing off. The court found that the plaintiffs had made out a prima facie case and that granting an injunction was necessary to prevent irreparable loss.
Refread Solutions Private Limited v.Scientific E-Resource
The plaintiff, a company providing digital online libraries (Refread), sued the defendant for infringing its copyright and engaging in unfair competition. The plaintiff alleged that the defendant was promoting a similar product ('Read Smart Digital') using the plaintiff's tagline and had copied 87% of the website content and 100% of the product. The court found infringement and granted relief.
Gulf Oil Lubricants India Limited v.Voltronic India Lubricants & Ors.
The Delhi High Court allowed the plaintiff, Gulf Oil Lubricants India Limited, to appoint two more Local Commissioners in its ongoing infringement suit. The court recognized that new entities were using the registered trademark 'GULF PRIDE 4T PLUS' and employing deceptively similar trade dress for their engine oil products. This order allows the plaintiff to further investigate and seize infringing goods from newly identified parties, reinforcing the court's initial finding of widespread infringement.
Giani S Foods Private Limited v.Mr. Keshav Aggarwal, Trading As M/S Keshav Foods & Anr.
The Delhi High Court granted interim relief to Giani S Foods Private Limited against Mr. Keshav Aggarwal regarding alleged trademark infringement. The court found that the plaintiff had established a prima facie case, noting irreparable harm to its commercial interests due to the unauthorized use of the 'GIANI'S' mark and associated trade features by the defendant. Consequently, the defendants were immediately restrained from using the protected trademark or similar marks on their products and from utilizing any distinctive store layouts or fixtures belonging to Giani S Foods.
Astral Poly Technik Limited & Anr. v.Astralglee Through Its Proprietor Ms Pooja Surendra Ayre & Ors.
The Delhi High Court addressed a trademark infringement suit filed by Astral Poly Technik against Astralglee, concerning the use of 'Astral' and 'Astralglee' in Class 3 goods. The court noted conflicting arguments regarding prior use, consumer confusion, and the scope of statutory rights conferred by registration. Given the complex factual matrix and competing legal precedents cited by both sides, the judge decided to proceed with a detailed examination of the issues.
Interdigital Technology Corporation & Ors. v.Xiaomi Corporation & Ors.
The plaintiffs filed an application before the Delhi High Court challenging an anti-suit injunction issued by the Wuhan Intermediate People's Court, which sought to restrain them from prosecuting their SEP royalty rate suit in India. The court found a clear case for granting ad interim relief.
Pm Diesels Pvt Ltd v.Thukral Mechanical Works And Ors
The Delhi High Court dismissed the petitioner's writ petition challenging an IPAB order that rejected its request to implead the original trademark assignor. The court held that since the petitioner was questioning both the initial registration and the subsequent assignment as potentially fraudulent, the assignor (M/s Jain Industries) should have been included from the outset. Given the passage of time, the High Court found it inappropriate to allow impleadment at this late stage, thereby upholding the IPAB's decision.
Gmr Enterprises Pvt. Ltd. (Gepl) v.Gadham Ramesh
The Delhi High Court granted an interim injunction in favor of Gmr Enterprises Pvt. Ltd. (GEPL) against Gadham Ramesh regarding alleged trademark infringement. GEPL, claiming extensive use and registration of the 'GMR' mark across various sectors since 1978, sought protection against the defendant who was using a similar mark for a news channel on YouTube. The court found that GEPL had made out a prima facie case and granted immediate relief to prevent irreparable damage to its goodwill.
Novartis Ag v.Torrent Pharmaceuticals Limited
The plaintiffs allege that the defendant's product infringes their patent for a pharmaceutical composition consisting of sacubitril and valsartan. The defendant claims their product is different and has filed for revocation of the suit patent.
Ascot Hotels & Resorts Pvt. Ltd. v.Prashant Sharma & Dikshant Sharma
The Delhi High Court addressed an execution petition concerning a prior settlement where the judgment debtor had agreed to cease using the trademarks 'SAVOY SUITES' and 'SAVOY'. The court found that the judgment debtor was violating this undertaking by advertising their property in Mumbai under the same name, thereby leveraging the goodwill of the decree holder. Consequently, the Court issued strict directions compelling the defendant to immediately remove all references to the trademark from websites and third-party platforms, including major booking sites.
Company v.State Pollution Control Board (SPCB)
The petitioner company filed a writ petition seeking protection for its patent related to the manufacturing process of hazardous waste materials (SPL). The petitioner argued that the SPCB's planned review of criteria could negatively impact its patented process and lead to closure due to insufficient raw material sanction. The Court disposed of the petition by directing the SPCB and CPCB to consider the pending representations and grant a hearing to the petitioner.
Sarla Holdings Private Limited v.Pathways School Gurugram Parents Association
Sarla Holdings Private Limited, the registered proprietor of the 'PATHWAYS' mark, sought to restrain a parents' association from using its trademark. The Delhi High Court mediated a settlement where the Defendants agreed to modify their association's name and remove all references to 'PATHWAYS' or 'PSG' from their communications and social media platforms. This order allows the Plaintiff to protect its brand identity while accommodating the community interest.
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.
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.
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 case involves requests for injunctions against the defendants for not seeking licenses for the patents.
ZINO DAVIDOFF SA v.CHARANJEET SINGH
The plaintiff, Zino Davidoff SA, a Swiss company, filed a suit alleging that the defendant was manufacturing and selling perfumes under deceptively similar trademarks ('DAVIDOFF'/'DAVIDOFF COOL WATER'). The court found that the defendant's use of the mark caused confusion and injury to the plaintiff's goodwill. Consequently, the court granted permanent injunctions, ordered delivery up of goods, and awarded damages.
Worknest Business Centre Llp & Anr. v.M/S Worknests Through Rajesh Goyal
Worknest Business Centre LLP filed a suit alleging trademark and copyright infringement against M/S Worknests, claiming that the defendant's use of 'WORKNESTS' in the co-working space business infringed upon its established mark 'WORKNEST'. While the plaintiff presented evidence of prior domain registration and trademarks, the court found no immediate grounds to grant an interim injunction. The matter was directed to proceed as a full suit for detailed examination.
Culinary Culture India Pvt. Ltd. v.Culinary Communications Private Limited & Anr.
The Delhi High Court addressed an appeal filed by Culinary Culture India Pvt. Ltd., challenging a restraining order issued by the District Judge regarding the use of the 'Culinary Culture' trademark. The appellant argued that the injunction unfairly restricted its business operations in Classes 38 and 42, where it holds registered marks. While the respondents initially sought restraint only in Class-35, the court allowed both parties time to file comprehensive replies and rejoinders before the matter is heard expeditiously by the Trial Court.
Bharat Bhushan Gupta Prop. Bharat Light Machines v.Nitin Mittal Prop. M/S G.K. Trading Co.
The Delhi High Court granted an ad-interim ex-parte injunction in favor of Bharat Light Machines regarding its trademark OZOMAX. The plaintiff alleged that the defendant was deceptively using a similar mark, OZOWAX, and copying the artistic packaging for body massagers. The court found that the plaintiff had made out a prima facie case, noting the phonetic and visual similarity between the marks and the clear imitation of the product packaging.
M/s. M.S.Milk Product v.The Deputy Registrar of Trademarks Intellectual Property Building, et al.
M/s. M.S. Milk Product filed a Writ Petition seeking an order to expedite the registration process for two trademark applications in Class 29. However, during the hearing before the Madras High Court, the petitioner's counsel informed the court that both trademark applications had already been withdrawn. Consequently, the court dismissed the writ petition as having become infructuous.
Living Media India Limited & Anr. v.Www.News-Aajtak.Co.In & Ors.
The Delhi High Court granted an interim injunction in favor of Living Media India Limited, who claimed ownership of the 'AAJ TAK' trademark. The court found that the plaintiffs had established a prima facie case of trademark infringement by various defendants using similar marks in their domain names. Consequently, the court directed the concerned Domain Name Registrars (DNRs) to immediately block and suspend the infringing websites and take down related content from social media platforms.
Vikas Jain And Anr. v.State Drugs Controller Haryana & Ors.
This petition challenged an order issued by the State Drugs Controller, Haryana, which directed the petitioners to cease using two cosmetic brand names, 'COSMO SILKY' and 'COSMO'. The controller had acted based on the lack of ownership proof in a family dispute pending before the Delhi High Court. The Punjab-Haryana High Court set aside this order, ruling that the regulatory authority overstepped its jurisdiction by issuing a blanket ban while complex trademark disputes were still sub judice.
Indoco Remedies Ltd. v.Bristol Myers Squibb Holdings Ireland Unlimited Company
Indoco Remedies Ltd. filed an application seeking permission to sell approximately 58,000 strips of its generic product APIXABID (Apixaban), which had been manufactured prior to a restrictive injunction being passed by the Single Judge. The court dismissed the application, holding that without a decision on the merits, it could not reverse the findings of the learned Single Judge.
M/S Emco Thr. v.Union Of India Thr.
M/S Emco Thr. approached the Madhya Pradesh High Court seeking intervention against the Trade Marks Registry's inaction regarding a trademark correction application for 'MADHUVAN'. The petitioner argued that due to administrative errors, they were not recognized as the registered owner despite having exclusive rights via an assignment deed and continuous use since 1982. The court disposed of the writ petition by directing the respondent authority to adjudicate the pending representation/appeal within a stipulated period of three months.
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.
Exide Industries Limited v.Krishna International & Ors.
Exide Industries Limited successfully secured an ad-interim injunction in the Delhi High Court against Krishna International and others. The plaintiff alleged that the defendants were dishonestly adopting its well-known 'EXIDE' trademark to manufacture and sell various products, including bulbs and power banks. Given the prima facie case made out by Exide regarding the unauthorized use of its mark, the court granted the injunction to prevent irreparable loss until the final hearing.
Modern Foods Enterprises Pvt Ltd v.Modern Snacks Pvt Ltd
The Delhi High Court addressed cross-suits concerning the identical mark 'MODERN' used in the FMCG sector. While acknowledging that the plaintiff (Modern Foods) was a prior adopter of the mark, the court granted an interim injunction with significant caveats. The defendant (Modern Snacks) is restrained from expanding its product range using 'MODERN', but is allowed to continue using it on existing labels and registered goods. This decision balances the rights of both parties while preserving the status quo pending final determination.
M/s. Cothas Coffee Co. v.Avighna Coffee Pvt. Ltd.
The plaintiff, M/s. Cothas Coffee Co., filed a suit seeking a permanent injunction against Avighna Coffee Pvt. Ltd. for infringing its registered trademarks 'COTHAS COFFEE' and 'Cothas'. The plaintiff alleged that the defendant was using the deceptively similar mark 'Cotha Giri' on coffee products. The court ultimately decreed the suit, granting a permanent injunction in favor of the plaintiff.
BASF SE v.UPL LIMITED
BASF SE filed a suit against UPL Limited seeking permanent injunction for infringing its India Patent No. 262428, which covers Boscalid anhydrous Form-II. The court considered affidavits from both parties regarding infringement and R&D activities. Ultimately, the court decreed the suit in favor of BASF SE, granting a permanent injunction.
Daiichi Sankyo Company, Limited v.Malvinder Mohan Singh And Ors
The Delhi High Court addressed several applications concerning the sale of trademarks ('Religare', 'SRL', and 'Fortis') owned by a Judgment Debtor. While some parties conceded no objection to the sale, others vehemently opposed it due to existing charges or lack of information. The court granted time extensions to opposing parties to file affidavits detailing their stance on the trademark sales, ensuring all stakeholders are heard before proceeding with any auction.
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