IP Cases — 2020
299 decisions across all jurisdictions
Page 4 of 10 · 299 total
Ashok Leyland Limited v.Captain Tractors Private Limited
Ashok Leyland Limited filed a suit alleging that Captain Tractors Private Limited was using the mark 'CAPTAIN' to pass off its goods. The dispute centered on whether the use of the mark constituted passing off, given that Ashok Leyland manufactures heavy vehicles while the respondent holds a registration for mini tractors.
Murickens Marketing System Llp v.Alex G. Muricken
The Kerala High Court addressed an appeal challenging a preliminary injunction granted against Alex G. Muricken for using names similar to the plaintiffs' registered trademarks, such as 'M.G and Murickens Group'. While acknowledging that the lower court had established a prima facie case of trademark infringement based on the similarity of marks and logos, the High Court recognized the appellant's claim regarding his long-standing use of the name 'Muricken Trading Company'. To balance competing interests and ensure substantial justice, the court remanded the matter back to the trial court, granting both parties a further opportunity to present evidence before deciding the injunction.
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.
Gujarat Cooperative Milk Marketing Federation Ltd & Anr. v.Chetan Padilya & Ors.
The Delhi High Court confirmed an existing injunction protecting Gujarat Cooperative Milk Marketing Federation Ltd's trademark rights against specific infringing content published by the defendant. Crucially, the court clarified that this injunction is not a 'gag order.' While the defendant must refrain from publishing articles identical or similar to the impugned material and avoid derogatory remarks, they retain the right to engage in lawful discourse comparing plant-based beverages with dairy milk products.
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.
Darshan Singh & Sons (Huf) v.Baldev Singh Trading As M/S Madaan Plastic Industry & Anr.
The Delhi High Court dismissed an appeal filed by Darshan Singh & Sons (Huf) challenging an injunction preventing them from using the trademark 'House of Madaan'. The court found that the respondent, Baldev Singh Trading As M/S Madaan Plastic Industry, was the prior and exclusive owner of the similar mark 'MADAAN' since 2003. Although the appeal was dismissed, the parties reached a settlement where the injunction was modified into a comprehensive undertaking by the appellant to cease using the disputed trademark until the final disposal of the suit.
Xotik Frujus Pvt. Ltd. v.Visat Beverages (Od)
The plaintiff, Xotik Frujus Pvt. Ltd., filed an interim application alleging that the defendant, Visat Beverages (Od), was infringing its registered trademarks and copyright related to its popular fruit drink 'JEERU'. The plaintiff argued that the defendant's product bore a slavish imitation of the plaintiff's mark and label. The court granted temporary relief in the form of an injunction and appointed a Court Receiver.
Inter Ikea Systems Bv v.Harish Chaudhary & Anr.
The Delhi High Court granted an interim injunction in favor of Inter Ikea Systems Bv against Harish Chaudhary & Anr. The court found that the plaintiff had made out a prima facie case regarding the infringement and passing off of its 'IKEA' trademark, along with its trade dress. Consequently, the defendants were restrained from using the mark or any deceptively similar marks, and were also ordered to suspend specific domain names and social media accounts until further orders.
Adidas India Marketing Pvt. Ltd. v.Kumar Garments
Adidas India Marketing Pvt. Ltd. filed a suit against Kumar Garments alleging that the latter was engaged in the wholesale business of counterfeit apparels bearing falsified trademarks identical or confusingly similar to Adidas's registered trademark 'ADIDAS'. The court found that the plaintiff successfully proved its case through documentary evidence and market surveys, leading to the decreeing of the suit.
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.
Merck Sharp & Dohme Corp And Anr v.Oceanic Pharmachem Pvt. Ltd.
The plaintiffs filed a suit alleging that the defendant was infringing their Indian Patent No. 209816, which covers Sitagliptin and its salts. The plaintiff submitted evidence showing the defendant's online presence advertising and selling infringing Sitagliptin Phosphate API in India. Based on this prima-facie case, the court granted an ad-interim injunction restraining the defendant from dealing in the infringing product.
Anil Rathi v.Sanjog Steels Pvt. Ltd.
The Delhi High Court issued several interim orders in the dispute concerning the 'RATHI' trademark. The court restrained Defendant No. 4 from granting new licenses related to the mark until further hearing, providing immediate relief to the plaintiff. Furthermore, the court mandated that certain defendants maintain and file detailed accounts of sales made under the 'RATHI' trademark during a specified period, while also allowing for the impleadment of proposed parties.
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.
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.
Alkem Laboratories Ltd. v.Healing Pharma India Pvt. Ltd. & Anr.
The Delhi High Court addressed an infringement suit filed by Alkem Laboratories against Healing Pharma India. The plaintiff alleged that the defendant's trademark and trade dress were deceptively similar, specifically mimicking the plaintiff's 'rising sun' motif. While the court allowed procedural applications for document filing and curing deficiencies, it also moved forward with the litigation by ordering summons to be issued in the main suit.
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.
Jindal (India) Limited v.Vision Prime Tech Pvt Ltd
In a commercial suit concerning trademark disputes, the Delhi High Court issued several orders on September 4, 2020. The court allowed the plaintiff to file additional documents while also accepting assurances from the defendant. Crucially, the defendant agreed to withdraw its pending trademark application and provided statements denying the use of the impugned mark in the market. These procedural steps move the case toward a resolution based on the parties' commitments.
Ds Confectionery Products Limited v.Mehul Bhai Kachhadiya And Anr.
The Delhi High Court granted an interim injunction in favor of Ds Confectionery Products Limited against Mehul Bhai Kachhadiya and others. The plaintiff alleged that the defendants were manufacturing and selling fruit candies under a phonetically similar mark ('PULLS') and using deceptively similar packaging to the registered trademark 'PULSE'. The court found that the plaintiff had established a prima facie case, and granted relief to prevent consumer confusion while the suit proceeds.
Haryana Pesticides Manufactures Association v.Willowood Chemicals Private Limited
The petitioner filed a writ petition challenging the Deputy Controller of Patents and Designs' order passed during Pre-Grant Opposition under Section 25(1) of the Patents Act. The respondent argued that the patent was already registered and other remedies, including Post-Grant Opposition, were available.
Fk Bearing Group Co Ltd. v.M/S Kunal Trading Corp & Anr.
The Delhi High Court granted an ad-interim injunction favoring Fk Bearing Group Co Ltd. against M/S Kunal Trading Corp & Anr. The dispute centered on the unauthorized use of the plaintiff's distinctive trademark (FK/) and associated artistic logo/trade dress for manufacturing and selling bearings. Given that the plaintiff demonstrated a prima facie case, irreparable loss, and balance of convenience in its favor, the court issued a restraining order against all defendants from dealing in the infringing goods until further hearing.
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.
M/s.Diabliss Consumers Products Pvt. Ltd. v.M/s.Dia Health Foods Pvt. Ltd.
Diabliss Consumers Products Pvt. Ltd. filed a civil suit against Dia Health Foods Pvt. Ltd. alleging copyright infringement regarding the artistic design used on its 'Diabliss Diabetic Friendly Sugar' pouches. The plaintiff demonstrated prior creation and use of the unique artistic design since 2015, which was subsequently copied by the defendant for their product, Diabeat. The Madras High Court found that the background, color, and overall get-up of the defendant's pouch were identically similar to the plaintiff's protected design.
Road Master Autotech Pvt. Ltd. v.Milan Roadmaster Corporation & Ors.
The Delhi High Court disposed of an appeal concerning trademark infringement between Road Master Autotech Pvt. Ltd. and Milan Roadmaster Corporation & Ors. The dispute centered on the use of similar trade names like 'Road Faster' and 'Milan Road Master.' Through a settlement, the respondents agreed to cease using the disputed marks and withdraw their applications for registration. Consequently, the court disposed of the appeal, allowing the appellant to proceed with seeking a decree in the underlying suit.
Dexpo Intelectual Properties Services Ltd. v.Nilesh Patel
The dispute between Dexpo Intelectual Properties Services Ltd. and Nilesh Patel was amicably settled through Consent Terms dated 26th November, 2020. Both parties agreed to the terms, leading the court to allow the Leave Petition (L) No.9822 of 2020.
Merck Sharp & Dohme Corp. v.Achemic Pharmaceuticals (India) Pvt. Ltd.
The plaintiffs, holding patents and licenses for Sitagliptin (under trade names ISTAVEL and ISTAMET), filed a suit alleging that the defendant was manufacturing and selling the drug under the brand name TwoTrack, thereby infringing their patent. The court found that the plaintiffs had made out a prima facie case and granted an ex parte ad interim injunction.
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.
Jagmohan Ratra v.Ampa Cycles Pvt. Ltd.
The Delhi High Court upheld an interim injunction in favor of Jagmohan Ratra against Ampa Cycles Pvt. Ltd., finding that the latter was engaging in passing off. The court determined that the defendant was illegally using the identical mark 'AMPA' and a deceptively similar logo to ride upon the plaintiff's established goodwill, which had been built over nearly three decades. This ruling reinforces the protection afforded to unregistered trademarks under common law principles of passing off.
Cde Asia Limited v.Jaideep Shekhar & Anr.
Cde Asia Limited filed a suit seeking permanent injunction against Jaideep Shekhar and others for infringing its patent (No. 307249) and registered design (No. 262629) related to material classification systems used in mining and sand aggregate production. The defendant challenged the plaint, arguing that the suit was premature as it was filed before the one-year period required for post-grant opposition under Section 25(2) of the Patents Act had lapsed. Additionally, the defense contested the court's territorial jurisdiction. The High Court dismissed the application challenging the plaint, allowing the infringement suit to proceed.
Narendra Singh v.Ashendra Mishra
Narendra Singh filed an application seeking the appointment of an independent arbitrator under the Arbitration and Conciliation Act, 1996, against Ashendra Mishra regarding disputes arising from their partnership firm, M/s. Kautilya Academy. The applicant alleged misuse of the trade mark and siphoning of funds by the respondents. However, the court dismissed the application, holding that since there were serious allegations of forgery, fraud, and dispute over the very execution of the partnership deed, the matter was not fit for arbitration. The proper remedy was directed to be sought in a civil court.
Prof. Dr. Claudio De Simone & Next Gen Pharma India Pvt. Ltd. v.Actial Farmaceutica Srl. (Formerly known as CD Investment Srl.) & Ors.
The plaintiffs, claiming ownership over the 'De Simone Formulation' through patent rights and subsequent Know-How agreements, filed suit against CD Group entities. The core dispute revolved around whether the plaintiff retained proprietary rights (trade secrets) after the initial patent expired in 2015. The court ultimately dismissed the suit, holding that without a valid patent right in India, the plaintiffs lacked a personal cause of action to restrain the defendants from working or selling the formulation.
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