IP Cases — 2020
299 decisions across all jurisdictions
Page 9 of 10 · 299 total
Pfizer Inc. v.Everest Pharmaceuticals Ltd.
Pfizer Inc. filed a suit seeking permanent injunction against Everest Pharmaceuticals Ltd. for infringement of Indian Patents Nos. 241773 and 218212, which cover Tofacitinib (XELJANZ(R)). The plaintiffs alleged that defendants were illegally manufacturing and selling generic versions under the brand 'TOFAXEN'.
Monsanto Holdings Private Limited v.Competition Commission Of India
This appeal challenges a single judge's decision that appellants (Monsanto) were governed by both the Competition Act, 2002, and the Patents Act, 1970. The core dispute revolves around whether competition law proceedings are applicable when patented seeds are involved. The court allowed several applications and issued an interim restraint on the CCI from finalizing its report pending further hearing.
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.
USV Private Limited v.Ridley Life Science Private Ltd
The Delhi High Court addressed a trademark infringement dispute concerning the use of 'Multi Vitamin Infusion' on pharmaceutical labels. The plaintiff, USV Private Limited, alleged that the defendant's product used emphasized letters ('M', 'V', 'I') in a manner confusingly similar to the plaintiff's registered mark. In a significant development, the court accepted the defendant's willingness to modify the label and remove the disputed words, directing them to file an affidavit confirming this commitment.
M/S Bhagyalaxmi Industries v.Pramod Kumar & Anr.
In a significant resolution for brand owners, M/S Bhagyalaxmi Industries successfully secured a decree against Pramod Kumar & Anr. through a comprehensive mutual settlement. The defendants acknowledged the plaintiff's proprietary rights over the 'ROBOTOUCH' trademarks and agreed to cease all use of the mark or deceptively similar marks in relation to wellness products. Furthermore, Defendant No. 1 committed to withdrawing existing trademark registrations and opposition filings related to ROBOTOUCH, ensuring peaceful conduct of the plaintiff's business.
Koninklijke Philips N.V. v.Xiaomi Inc & Ors.
Koninklijke Philips N.V. filed a commercial suit alleging infringement of its patents concerning UMTS enhancement (HSPA, HSPA+) and LTE technologies used in mobile phones by Xiaomi Inc & Ors. The court issued several orders regarding interim applications, including granting an ad-interim injunction request and directing the defendants to maintain Rs. 1000 crores in bank accounts.
Shemford Schools Private Limited & Anr. v.R.R.R Education And Charitable Trust & Anr.
The Delhi High Court granted an ad interim injunction in favor of Shemford Schools Private Limited against R.R.R Education And Charitable Trust. The dispute centered on the alleged infringement and passing off of the registered trademark 'SHEMFORD' by the defendants, who were operating schools under similar names like 'SHAMFORD'. Given the virtual identity between the marks and the potential for consumer confusion in the educational sector, the court found that the plaintiffs would suffer irreparable loss without immediate protection.
Ms Industries And Spirits P Ltd v.M/S. Allied Blenders And Distillers Pvt ...
This appeal challenged the grant of ex parte ad interim injunctions by the City Civil Court, Hyderabad. The original suit involved allegations of trademark and copyright infringement (passing off) concerning alcoholic beverages, specifically comparing 'Officer's Choice' with 'Manjeera Classic No.1 Whisky'. However, the Telangana High Court did not rule on the merits of the IP dispute but instead focused on procedural lapses. The court found that the lower court failed to record reasons for granting the ex parte injunctions as mandated by law, leading to the setting aside and remittance of the orders.
Ms Industries And Spirits P Ltd v.M/S. Allied Blenders And Distillers Pvt ...
This appeal challenged the orders passed by the City Civil Court that granted an ex parte ad interim injunction in a suit concerning alleged trademark and copyright infringement. The plaintiff claimed their 'Officer's Choice' brand was being copied by the defendant's 'Manjeera Classic No.1 Whisky'. However, the Telangana High Court set aside these initial injunction orders, finding that the lower court failed to provide adequate reasons for granting the ex parte relief as mandated by law. Consequently, the matter was remanded back to the trial court for a fresh and balanced adjudication.
Ms Gip Development Sarl v.Ms Trigur Electronics India Private Limited
The Delhi High Court granted an ad-interim injunction in favor of Ms Gip Development Sarl, the owner of the 'Blaupunkt' trademark. The petitioner sought relief after terminating a license agreement with Ms Trigur Electronics India Private Limited due to non-payment of minimum license fees. Given that the respondent had not challenged the termination and failed to pay outstanding dues, the court ruled that the respondent lacked authority to use the mark, thereby restraining them from manufacturing or selling products under 'Blaupunkt' until the final disposal of the case.
Condor Footwear Limited v.Rajesh Jain
The Delhi High Court granted an interim injunction in favor of Condor Footwear Limited against Rajesh Jain, finding a prima facie case of trademark infringement. The court noted that the defendant's proposed trademark was deceptively similar to the plaintiff's registered mark 'AEROWALK' and was being used for the same goods (footwear). Given the potential irreparable harm to the plaintiff's established business interests, the court issued an immediate stay on the use of the disputed marks.
M/S Hi-Tech Products Private Limited v.Union Of India And Ors.
The Delhi High Court set aside an erroneous order passed by the Trademark Registry that had treated trademark assignment applications as disposed of due to alleged non-response. The Petitioner successfully demonstrated, using online registry records, that their replies were indeed filed and uploaded within the stipulated time. The court emphasized the need for the Examiner to properly check digital records before making administrative decisions, directing the Registry to process the assignments afresh.
Tripti Grover v.R G Mir Sanandwala Education Charitable Trust
The Gujarat High Court rejected a Civil Revision Application filed by Tripti Grover, upholding the dismissal of her application under Order 7 Rule 11 of the CPC. The court clarified that an application under O.7 R.11 must be decided based solely on the averments and documents presented in the plaint, without considering external claims or pleas from related parties (like a daughter claiming rights). The judgment affirmed that multiple parties can have competing claims to a trademark, and one party's claim of prior use cannot be precluded by another claimant.
Vishnu Kant & Ors v.Eduvision Traders And Printers Private Limited & Ors
The Delhi High Court issued an order in the trademark infringement suit, Vishnu Kant & Ors vs Eduvision Traders And Printers Private Limited & Ors. The court settled several key issues, including whether the plaintiffs are registered proprietors of the trademark 'CURRIMAKERS' and their entitlement to injunctions and rendition of accounts. The parties were directed to file witness lists and affidavits within specified timelines, setting the stage for the commencement of the trial.
Ds Confectionery Products Ltd v.Chetan Gupta
In a trademark infringement suit concerning confectionery products, the Delhi High Court granted an interim injunction in favor of Ds Confectionery Products Ltd. The plaintiff alleged that the defendant was using a deceptively similar mark ('PLUSS+') and trade dress for their fruit candies, causing consumer confusion with the registered 'PULSE' brand. Citing a prima facie case and balance of convenience, the court restrained the defendant from continuing the infringing activities until further hearing.
Sap Se v.Chetan Maini& Ors.
The Delhi High Court decreed the suit in favor of Sap Se following an amicable settlement reached with Chetan Maini. The settlement agreement established that the defendant admitted ownership of the SAP trademark and logo. Key terms included a permanent injunction against using the mark for educational services, destruction of infringing materials, cessation of providing pirated software, and payment of INR 100,000 in costs.
Boehringer Ingelheim Pharma GmbH & Co.KG v.Tanmed Pharma India Private Limited
Boehringer Ingelheim Pharma sued Tanmed Pharma for infringing its patents related to the medicinal product Linagliptin. The court conducted an inspection and found that the defendant had neither manufactured nor marketed the drug, having surrendered its manufacturing license.
Makemytrip India Private Limited v.Wing In Travel Advisory Pvt. Ltd.
The Delhi High Court addressed a trademark infringement suit filed by Makemytrip against Wing In Travel Advisory and others. After hearing arguments, the court accepted an assurance from Defendant No. 1 that it would not bid for, adopt, or use Makemytrip's registered trademarks (MakeMyTrip/MMT) or any deceptively similar variants. Consequently, the suit was decreed against Defendant No. 1 on these terms, without awarding damages or costs to the plaintiff. The court noted that the remaining defendants could not be proceeded against in the current form of the suit.
Roche Products (India) Private Limited v.Cadila Healthcare Limited
The plaintiffs, including Roche Products and F. Hoffmann-La Roche, challenged the validity of drug approvals granted by the DCGI and DoB to Cadila Healthcare Ltd. for its biosimilar product 'Trastuzumab'. The core legal issue was whether the suit was maintainable given the regulatory framework, specifically concerning appeal provisions under the Drugs Rules.
Mr. Hemant Bandodkar v.Vertellus Speciality Materials (India) Pvt.Ltd.
The court disposed of two interim applications by consent. The primary order mandated the appointment of a Local Commissioner, appointed by IIT Bombay, to inspect Defendant No.1's plant and document its manufacturing process layout and machinery, which is claimed to be confidential proprietary information/trade secret. Additionally, the application seeking condonation of delay in filing a Written Statement was allowed.
Astrazeneca Ab v.Emcure Pharmaceuticals Limited
Astrazeneca sued Emcure Pharmaceuticals Limited and MSN Laboratories Limited for infringing their patents related to the pharmaceutical compound TICAGRELOR, marketed as BRILINTA. The plaintiffs sought an interim injunction against the defendants' generic versions (TICAPLAT and TIARE).
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.
Microsoft Corporation & Anr. v.Pcpatchers Technology Pvt. Ltd. & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Microsoft against Pcpatchers Technology Pvt. Ltd. and associated parties. The suit alleged that the defendants were using various domain names and impersonating Microsoft's authorized technical support staff to defraud customers. The court found sufficient prima facie evidence, noting that the defendants were infringing on Microsoft's registered trademarks, domain names, and copyrights while engaging in fraudulent activities.
Shogun Organics Ltd v.Gaur Hari Guchhait & Ors
The case involves a patent infringement dispute where the Plaintiff was granted a permanent injunction and compensation for loss of profits. The Defendants were directed to render accounts of profits and pay a specified amount to the Plaintiff.
Merck Sharp & Dohme Corp. v.Achemic Pharmaceuticals (India) Pvt. Ltd.
The commercial suit for patent infringement regarding the drug Sitagliptin was settled between Merck Sharp & Dohme Corp. (Plaintiffs) and Achemic Pharmaceuticals (India) Pvt. Ltd. (Defendant No. 1). The court accepted the settlement, decreeing the suit in favour of the plaintiffs against Defendant No. 1.
ABP Private Limited & Anr. v.Registrar of Trade Marks, Kolkata & Ors.
The petitioners challenged the Registrar of Trade Marks for allegedly treating several trade mark applications as 'abandoned' without following the prescribed statutory framework under the Trade Marks Act, 1999. The court found that the procedure laid down in Section 132 and Rule 38(4) and (5) was not followed, despite the petitioner sending a reply to the objection.
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.
Mohtimbas Engineering Pvt.Ltd. v.Machine N Tools And 4 Ors.
The Bombay High Court allowed the Plaintiffs' notice of motion in a commercial IP suit concerning trademark infringement and passing off. The court found that the Defendants were selling identical goods in an identical trade dress, constituting not just passing off but dealing in counterfeit goods. Given the clear prima facie case presented by the Plaintiffs regarding their registered mark KYK, the court granted interim protection.
Astrazeneca Ab & Anr. v.Torrent Pharmaceuticals Ltd., Micro Labs Limited, Zydus Healthcare Ltd., ERIS Lifesciences Ltd., USV Pvt. Ltd., MSN Laboratories Pvt. Ltd.
The plaintiffs sought permanent and temporary injunctions against various defendants for infringing their patents related to Dapagliflozin. The court found that the defendants had laid a credible challenge to the validity of the suit patent, leading the court to decline the grant of interim injunction.
Flipkart Internet Private Limited v.Godaddy Operating Company Llc & Ors.
The Delhi High Court addressed an appeal concerning the admissibility of a written statement in a trademark infringement suit involving domain names. The court clarified that in complex domain name disputes with numerous impleadments, the 120-day period for filing a written statement commences from the date the amended memo of parties is filed, not the initial notice date. Consequently, the court allowed the appeal and permitted the defendants' written statement to be taken on record after they paid a stipulated fee.
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