IP Cases — 2020
299 decisions across all jurisdictions
Page 6 of 10 · 299 total
Harjit Kaur & Ors. v.Jaywantjit Singh & Anr.
The Delhi High Court addressed a dispute concerning the trademark 'CAMPA,' which is registered to Plaintiff No. 2 (Campa Beverages Pvt. Ltd.). The plaintiffs alleged that Defendant No. 1, despite not being a shareholder or director, was filing numerous new trademark applications using the CAMPA prefix and managing brand operations. While the court allowed an exemption from filing original documents, it primarily focused on procedural steps for the main suit. Crucially, the court established that Defendant No. 1 is bound by his statement that he has not commenced use of the mark until a final decision is rendered in the ongoing litigation.
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.
R.K. Patel And Company, Tobacco Processors v.Jaju Tobacco Company
The Bombay High Court dismissed an appeal challenging a District Court's order that granted a temporary injunction in a trademark infringement and passing off suit. The court upheld the trial court's decision, finding that the defendant's packaging was sufficiently similar to the plaintiff's registered trade dress (yellow colour pouch/packet) to warrant injunctive relief. This ruling reinforces the importance of visual similarity and consumer perception in protecting trademarks within the tobacco industry.
Ds Confectionery Products Limited v.Nirmala Gupta And Anr
The Delhi High Court granted a permanent injunction in favor of Ds Confectionery Products Limited against the defendants for trademark infringement and passing off related to confectionery products. The plaintiff successfully demonstrated that its marks (PULSE/) were being deceptively used by the defendants' goods (PELSE/ and PLUS++/). Furthermore, given the defendants' failure to appear despite service, the court awarded the plaintiff damages of Rs. 2,00,000/-.
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.
ITC Limited v.Ashok Kumar & Ors.
The Delhi High Court granted an interim injunction in favor of ITC Limited, restraining defendants from using infringing domain names and sub-domains that fraudulently solicit franchises and dealerships under the guise of ITC's brand. The court reinforced previous orders, directing Domain Name Registrars to immediately lock and suspend the specified domains while also instructing the Cyber Cell to freeze numerous bank accounts linked to these fraudulent activities.
V Guard Industries Ltd. v.Taisong Chong And Ors.
The Delhi High Court granted an ad-interim injunction in favor of V Guard Industries Ltd., preventing the defendants from transferring or registering the disputed domain name, www.vguard.com. The court found that the plaintiff had made out a prima facie case, concluding that the defendant was acting as a cyber squatter to exploit the plaintiff's established trademark rights. Furthermore, the judgment clarified that administrative decisions under ICANN dispute resolution mechanisms are not binding adjudications and do not prevent civil litigation.
GS1 India v.Barcodes Sl & Ors
GS1 India successfully secured an ad-interim injunction against a competitor operating barcode allocation websites. GS1, the sole licensed body in India for issuing standardized barcodes starting with '890', alleged that Defendant No. 1 was illegally allocating non-compliant and unverifiable codes, causing consumer deception. The Delhi High Court found a prima facie case in favor of GS1, granting the injunction to protect its trademark rights and prevent irreparable harm to both itself and innocent customers.
M/s.ADD PRINT [INDIA] ENTERPRISES PRIVATE LIMITED v.M/S.LAMBA MARKETING SYSTEMS AND M/S.LAMBA STAMPS AND SIGNS
This civil suit was filed alleging infringement of the plaintiff's registered trademarks ('SUN STAMPER') and designs (Box type pre inked rubber Stamp, Reg. No. 207586) by the defendants using 'STAMP ONE'. The plaintiff sought perpetual injunctions and damages against the alleged infringers. However, despite multiple opportunities to depose its witness over a period of nearly twelve years, the plaintiff failed to appear in court.
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.
Sterlite Technologies Limited v.Ztt India Private Limited
The plaintiff sought the discovery of two sets of documents from the defendant: those concerning the manufacturing process of optical fibre and sales data. The court allowed the discovery of sales documents, requiring the defendant to file its audited balance sheet. However, the court denied the immediate necessity of discovering the manufacturing process documents, stating that the initial burden of proof remains with the plaintiff.
Essdee Industries Through Proprietor v.Esbee Electrotech LLP
This writ petition challenged an order by the District Court that allowed the plaintiff to withdraw a composite suit involving claims of trademark/passing-off infringement and registered design infringement. The defendant argued that raising a defense under Section 19 of the Designs Act mandated the transfer of the entire suit to the High Court. However, the Bombay High Court held that since the plaintiff sought withdrawal—not further prosecution—the District Court retained its jurisdiction to permit the split. The court clarified that while Section 22(4) governs the continuation of the suit upon raising a cancellation defense, it does not prevent the court from allowing the plaintiff to withdraw and file separate suits for distinct causes of action.
M/s Audioplus v.Manoj Nagar
The Delhi High Court granted an interim injunction in favor of M/s Audioplus against Manoj Nagar regarding trademark infringement. Audioplus, owner of the registered mark 'STUDIOMASTER' for audio equipment, alleged that Nagar was attempting to capitalize on its reputation using deceptively similar marks like 'STUDIOMIN' and 'STUDIOMAN'. The court found that Audioplus had established a prima facie case and granted immediate relief, restraining the defendant from using the impugned trademarks pending the full trial.
Merck Sharp & Dohme Corp. v.Angels Pharma India Private Limited
Merck Sharp & Dohme Corp. filed a suit alleging that Angels Pharma India Private Limited was attempting to manufacture and infringe its Indian Patent No. 209816, which covers the drug SITAGLIPTIN. The court found that the plaintiffs had established a prima facie case and granted interim relief.
M/S.Fun World And Resorts (India) Pvt. Ltd. v.Nimil K.K.
The appeal challenged the lower court's order granting a temporary injunction, which restrained M/S.Fun World And Resorts (India) from using its 'Tunnel Aquarium' design due to alleged copyright infringement by Nimil K.K.'s client. The appellant argued that the design was not original and could not be registered under the Designs Act. The High Court dismissed the appeal, upholding the lower court's finding that a prima facie case for copyright existed.
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.
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.
Trulines Technologies Through Ashish Kuashikbhai Patel v.State Of Gujarat
Trulines Technologies challenged the investigation process, arguing that the machines were not analyzed by a government-recognized expert qualified under the Patent Act. The court examined the validity of the existing report and the expertise of the person who conducted the examination.
McDonalds Corporation And Anr v.National Internet Exchange Of India And Ors
The Delhi High Court granted an interim injunction in favor of McDonald's Corporation against various defendants accused of fraudulent activities. The court found a prima facie case for the plaintiffs, recognizing that the defendants were misusing the 'McDonald's' trademark, Golden Arches Logo, and associated domain names to offer fake franchise opportunities. This crucial order restrained the defendants from infringing on McDonald's intellectual property rights and directed them to freeze relevant bank accounts.
Anand S/o Nanabhau Embadwar v.Union of India, Through Ministry of Agricultural & Farmers Welfare
This case involved a Public Interest Litigation and Writ Petition challenging the manufacturing and marketing of Soil Testing Fertilizer Recommendation (STFR) technology developed by ICAR and IARI. The petitioner, Nagarjuna Agro Chemicals Pvt. Ltd., sought to restrain its marketing while simultaneously benefiting from the technology. The court found the litigation frivolous and vexatious.
Sporta Technologies Pvt. Ltd. v.Edream 11 Skill Power Private Limited
The Delhi High Court ruled in favor of Sporta Technologies Pvt. Ltd., finding that Edream 11 Skill Power Private Limited infringed upon its registered trademarks and committed passing off. The court determined that the defendant's use of 'EDREAM 11' was deceptively similar to the plaintiff's established mark, 'DREAM 11', especially given that both platforms offered identical paid fantasy sports services online. Consequently, the court granted a permanent injunction restraining the defendant from using the infringing mark.
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.
Sarvasuddi Suryanarayana v.The Union Of India
The petitioner filed a Writ Petition challenging the procedural actions taken by various respondents, including the delayed service of Counter Statement and taking on record evidence in an opposition proceeding (Opposition No. 969651). The petitioner sought directions to reject the opposing evidence and register their trademark application.
Cerveciria Modelo De Mexico, S. De R.L. de C.V. v.Whiskin Spirits Pvt. Ltd.
The Delhi High Court granted an ad interim injunction in favor of Cerveciria Modelo De Mexico regarding its registered trademark 'CORONA'. The plaintiff alleged that the defendant was using social media advertisements that disparaged its product by likening it to Coronavirus. The court found a prima facie case for disparagement and ruled that granting the injunction was necessary to protect the plaintiff's statutory and commercial interests, temporarily halting the offending advertisement.
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.
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.
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.
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.
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.
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.
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