IP Cases — 2020
264 decisions across all jurisdictions
Page 5 of 9 · 264 total
Anhueser Busch Llc v.Rishav Sharma & Ors
Anhueser Busch LLC successfully obtained an ad interim injunction against Rishav Sharma and others in the Delhi High Court. The plaintiff alleged that defamatory videos published on social media platforms were infringing its registered 'Budweiser' trademark and causing commercial disparagement by falsely depicting employees urinating in the beer. The court found a prima facie case existed, granting immediate relief to prevent further harm until the final hearing.
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.
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.
Nutricia International Pvt. Ltd. v.Hexalac Healthcare Pvt. Ltd. & Ors.
Nutricia International Pvt. Ltd. successfully secured an ad-interim ex-parte injunction in the Delhi High Court against Hexalac Healthcare Pvt. Ltd. and others regarding the use of a similar mark for infant food products. The plaintiff, owner of the registered trademark DEXOLAC, alleged that former employees were manufacturing and selling competing products under the name HEXALAC. The court found that the plaintiff had made out a prima facie case and granted the injunction to prevent irreparable loss while the suit proceeds.
Mr.P.Radhakrishnan v.T.V.S.Motor Company Ltd.
The plaintiff filed a civil suit alleging that the defendant was infringing his Patent No.182682, which covered a specific four-stroke internal combustion engine technology used in vehicles like the TVS Flame -125cc. The plaintiff subsequently moved to withdraw the suit due to his severe health conditions.
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.
New Bharat Overseas v.Kian Agro Processing Private Limited & Ors.
The Delhi High Court addressed a trademark infringement suit concerning the mark 'TAJ MAHAL' used for rice. While the plaintiff holds Indian registration, the court noted that a Saudi Arabian entity also possesses similar trademark rights in its country of origin. The court allowed both parties time to file detailed written statements and granted an undertaking from the defendant not to sell or distribute the product outside India and Saudi Arabia. Crucially, the court directed the plaintiff to array the foreign entity as a party, indicating that the matter requires further examination regarding international trademark rights.
Indoco Remedies Ltd. v.Bristol Myers Squibb Holdings Ireland Unlimited Company
This order from the Delhi High Court addresses procedural matters in the dispute between Indoco Remedies Ltd. and Bristol Myers Squibb Holdings Ireland Unlimited Company regarding the trademark 'APIXABID'. The court allowed certain exemption applications while also granting time to the respondents to file a reply concerning objections raised against the sale of 58,000 strips under the brand name.
BASF SE v.UPL LIMITED
The plaintiff, BASF SE, filed a suit claiming infringement of its patent (IN-262428) covering the superior anhydrous-II form of the fungicide BOSCALID. The defendant, UPL Limited, appeared and submitted that no valid patent existed for the specific anhydrous-II form at the time they applied for licenses, asserting their use was limited to R&D.
Nuziveedu Seeds Ltd. v.Mahyco Monsanto Biotech (India) Pvt. Ltd.
This case involved multiple Commercial Arbitration Petitions challenging arbitral awards related to a licensing agreement for transgenic Bt. cotton seeds. The petitioner claimed rights to royalty fees and technology transfer, while the respondent defended the award which allowed monetary claims made by them. The Court dismissed all arbitration petitions, finding no patent illegality in the impugned award.
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.
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).
UPL Limited v.Modern Insecticides Limited
UPL Limited filed a suit alleging that Modern Insecticides Limited was infringing its statutory rights by exporting and intending to manufacture a product covered by patent IN 244551. The composition in question is a synergistic herbicide comprising Metsulfuron Methyl and Sulfosulfuron.
Nuziveedu Seeds Ltd. v.Mahyco Monsanto Biotech (India) Pvt. Ltd.
The case involves a dispute over the enforcement of a Sub-Licence Agreement related to the use of transgenic cotton seeds with Bt. traits. The petitioner claims that the respondent has not fulfilled its obligations under the agreement and has charged excessive trait values. The petitioner and respondent entered into a Special License Agreement for the sale of Bt. cotton seeds. The respondent alleged patent infringement and sought recovery of trait fees, while the petitioner challenged the validity of the SLA under competition law. The petitioner entered into a Sub-Licence Agreement with the respondent for the use of technology and payment of trait fees. Disputes arose regarding the payment of these fees, leading to arbitration proceedings. The respondent claimed unpaid trait fees from the petitioner under a 2015 service level agreement. The arbitral tribunal ruled in favor of the respondent, allowing the monetary claims.
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.
Ds Confectionery Products Limited v.Amber Confectionery Pvt Limited And Ors.
The Delhi High Court disposed of a civil suit concerning trademark infringement related to the 'TANGY TWIST' tag line and accompanying trade dress. The parties reached an out-of-court settlement, which the court formally accepted and decreed. Crucially, the judgment noted that this settlement does not constitute an admission of liability by the defendants and will not bind any third party.
M/S Aman Engineering Works v.Registrar, Trade Marks, Trade Marks Registry, New Delhi & Anr.
M/S Aman Engineering Works challenged the Trade Mark Registry's decision to allow review applications filed years after trademark applications were allegedly abandoned due to non-attendance at hearings. The Petitioner argued that the Senior Examiner lacked jurisdiction to condone delays far exceeding statutory limits, citing Supreme Court precedent. The Delhi High Court found a prima facie case in favor of the Petitioner and granted an interim stay on the impugned orders while further legal issues regarding the condonation of over 16 years of delay are examined.
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.
Fmc Corporation & Anr. v.Natco Pharma Limited
The plaintiffs filed a commercial suit alleging infringement by Natco Pharma Limited of their Indian Patents IN 201307 and IN 213332, covering the molecule Chlorantraniliprole (CTPR). The defendant challenged the plaint through various applications. This order addressed these interim applications.
Gallup Inc. v.Impetus Research Pvt. Ltd.
The Delhi High Court granted an interim injunction in favor of Gallup Inc. against Impetus Research Pvt. Ltd., finding a prima facie case of trademark infringement. The court recognized Gallup's well-known status and extensive global trademark registrations, noting that the defendant's use of 'GALLUP' could cause irreparable damage to the plaintiff's goodwill. This order allows the suit to proceed with immediate protection for the brand.
Mount Everest Breweries Limited v.State of Madhya Pradesh
Mount Everest Breweries Limited and United Breweries Limited filed a Writ Petition challenging the inaction of the State of Madhya Pradesh regarding the infringement of their IP rights. The petitioners alleged that unauthorized breweries were illegally using their registered trademarks, designs, and copyrighted artistic features on bottles, often replacing them with products from other manufacturers. This practice was causing significant losses and consumer risk due to faulty bottling. The High Court disposed of the petition by directing the State authorities to take appropriate action and provide a reasoned response to the petitioners' prior representations within sixty days.
Ht Media Limited & Anr. v.Brainlink International, Inc. & Anr.
In a dispute concerning the domain name www.hindustan.com, the Delhi High Court facilitated a settlement between Ht Media Limited and Brainlink International. The court suggested that if the defendants agree to pay an agreed lump sum in costs, they will withdraw all oppositions filed against the plaintiff's trademarks and also drop their suit in the USA. This arrangement aims to bring a definitive end to the ongoing disputes between both parties.
Bayer Intellectual Property GmbH & Anr. v.Titan Laboratories Pvt. Ltd.
Bayer Intellectual Property GmbH and its associates filed a suit alleging that Titan Laboratories Pvt. Ltd. was infringing on their patented compound, Rivaroxaban (IN 211300). The plaintiff contended that the defendant was exporting finished pharmaceutical products containing Rivaroxaban to foreign entities in commercial quantities. Despite the lack of domestic launch by the defendant, the court held that such exports constituted 'use in India' under the Patents Act. Consequently, the Delhi High Court granted an ad-interim ex-parte injunction in favor of Bayer.
USV Private Limited v.Martin And Brown Bio Sciences
In this Delhi High Court order, USV Private Limited sought relief against Martin And Brown Bio Sciences regarding alleged trademark infringement. While the court allowed both parties to submit further documentation and cure deficiencies, it also issued a temporary restraint on the defendant from using the disputed or similar trademarks. The proceedings were set for further action, including a potential joint application to dispose of the suit.
Sunstar Joint Stock Company & Anr. v.Mr. Arvind Kumar Aggarwal & Anr.
The Delhi High Court settled a trademark dispute between Sunstar Joint Stock Company and Mr. Arvind Kumar Aggarwal. The parties reached an amicable agreement, leading the court to decree the suit based on specific prayers in favor of the plaintiff. Crucially, Defendant No. 1 was directed to assign its registered Trademark (No. 3750648) for 'Thai Duong' to Sunstar Joint Stock Company, resolving the core ownership conflict.
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.
Delhivery Private Limited v.Treasure Vase Ventures Private Limited
Delhivery Private Limited successfully secured an ad-interim injunction against Treasure Vase Ventures Private Limited in the Delhi High Court. The court found a prima facie case based on the use of the deceptively similar mark 'DELIVERE' by the defendant, which closely resembles Delhivery's registered trademark 'DELHIVERY'. This interim order immediately restricts the defendant from using the infringing mark across its goods and services until further proceedings.
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.
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.
Astrazenca Ab v.Ajanta Pharma Ltd.
The court heard an application seeking condonation of a 6-day delay by the defendant, which was granted. The court also directed the parties regarding the filing of written statements and clarified the validity dates of the two patents (IN '147 and IN '625) held by Astrazenca Ab.
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