IP Cases — 2021
423 decisions across all jurisdictions
Page 10 of 15 · 423 total
V Guard Industries Ltd v.Sukan Raj Jain & Anr
The Delhi High Court granted an interim injunction in favor of V Guard Industries Ltd against Sukan Raj Jain & Anr. The plaintiff sought protection for its well-known trademark 'V-GUARD' and associated designs from the use of the deceptively similar mark 'N-GUARD'. Citing a prima facie case, irreparable loss, and balance of convenience, the court restrained the defendants from manufacturing or selling products under the impugned marks and designs. This order sets the stage for the full trial on trademark infringement, design infringement, and passing off.
JK Lakshmi Cement Limited v.JK Shian Cement Private Limited
The Delhi High Court addressed several applications in the trademark dispute between JK Lakshmi Cement Limited and JK Shian Cement Private Limited. The court allowed a defendant's application to condone a 90-day delay in filing its written statement, noting that negotiations regarding settlement had taken place. Additionally, while acknowledging ongoing disputes over interim orders, the court granted time for defendants to file their replies, setting a future hearing date.
Exphar S.A. v.Atlanta Biological Pvt. Ltd
In this trademark infringement matter, the defendant agreed not to contest the permanent injunction against them, provided the plaintiffs waived their claims for damages and costs. While both parties settled on the injunctive relief, the core dispute regarding whether the plaintiff's mark, VERZOL, qualifies as a well-known trademark remains unresolved. The court has scheduled further proceedings specifically to determine this crucial aspect of the case.
Hakimuddin Bhemat v.Mahaveer Prasad Agarwal And Anr.
The Calcutta High Court granted an interim injunction protecting the petitioner's intellectual property rights related to fertiliser sprayers. The court found that the respondents were using a virtually identical packaging and trade dress, including the word 'Bharat Shakti,' which amounted to deceiving the public. Consequently, the respondents were restrained from making such imitations, and a Receiver was appointed to inventory the infringing products.
Anil Rathi v.Shree Sidhbali Steels Private Limited & Ors.
This Delhi High Court order addresses a trademark dispute concerning the use of 'Rathi' in manufacturing steel items. The plaintiff, Anil Rathi, challenged the defendants' use of the mark, alleging that a lease agreement was merely a camouflage for unauthorized production. While the defendants claimed they were operating under a valid license, the court allowed the plaintiff to file an additional affidavit and documents regarding a guarantee provided by Defendant No.1 to secure loans for Defendant No.2. The interim injunction remains in place pending further arguments.
Ampm Fashions Private Limited v.Mr. Akash Anil Mehta, Partner Of Ampm Designs & Anr.
The Delhi High Court addressed an interim injunction application concerning the use of the 'AMPM' trademark. While the plaintiff asserted its mark was well-known and infringed upon by the defendant's stylized version, the court declined to grant the requested injunction. However, in a compromise, the defendants agreed to prominently display a specific subtitle ('Interior design by Akash Mehta and Poonam Mehta') alongside their impugned mark and submit quarterly turnover accounts to the court.
Uyir Agriculture Private Limited v.Ueir Organic Foods Private Limited
Uyir Agriculture Private Limited filed a Transfer Application seeking to move its trademark infringement suit from the Principal District Court, Erode, to the specialized Commercial Court. The core dispute revolved around whether the nature of the intellectual property right—trademark infringement—automatically classified the case as commercial, irrespective of its low valuation (Rs. 12,000/-). The Madras High Court ultimately dismissed the transfer application, holding that while IP disputes are defined as commercial under Section 2(xvii), a suit must still meet the 'Specified Value' criteria to fall under the jurisdiction of the Commercial Court, thereby validating its original filing in the District Court.
Sotefin Sa v.Indraprastha Cancer Society And Research Center & Ors.
Sotefin Sa filed a suit for patent infringement against Indraprastha Cancer Society and others, alleging that the 'smart dollies' installed by Defendant No. 4 infringed Plaintiff's Patent No. 4214088. Both parties agreed to the appointment of a Scientific Advisor from IIT Delhi to conduct an expert examination and report on whether the Defendants' product falls within the scope of the patent claims.
Chugai Seiyaku Kabushiki Kaisha & Anr v.Natco Pharma Limited
Chugai Seiyaku Kabushiki Kaisha filed a suit seeking an ad interim injunction against Natco Pharma Limited, alleging infringement of Indian Patent No. IN 294424 concerning Alectinib. The court allowed the application subject to exceptions and noted that while the defendant could use the drug for research under Section 107A, any commercial launch would require prior permission from the court.
Johnson & Johnson v.Pritamdas Arora T/A M/S Medserve & Anr
In a trademark infringement dispute, Johnson & Johnson sought permission from the Delhi High Court to amend its original plaint. The plaintiff argued that evidence gathered by a Local Commissioner revealed additional trademark infringements by the defendant concerning 'LIGACLIP,' which needed to be incorporated into the suit. Satisfied that these amendments were necessary for determining the real issues between the parties, the court allowed the application, allowing J&J to update its claims and proceed with the litigation.
Rajalakshmi Match Works v.Satpal Sindhi
The plaintiff, Rajalakshmi Match Works, filed a civil suit against several defendants seeking permanent injunctions to restrain them from passing off their safety matches as the plaintiff's by using the 'RAJHA'S SHRIFAL' trade mark and infringing the associated copyright. During the hearing, the plaintiff's counsel submitted that the Civil Suit had become infructuous.
Fdc Limited v.Shripal Mangalchand Jain
Fdc Limited filed a Commercial IP Suit against Shripal Mangalchand Jain regarding trademark infringement. The dispute centers on FDC's mark PYRIMON (used for anti-bacterial isolation) versus the Defendant's mark PRIMON-N (used for birth control pills and menopausal hormone therapy).
Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Zee Laboratories Limited & Ors.
The plaintiffs filed a suit seeking an ad interim injunction against the defendants for allegedly infringing Indian Patent Nos. 247381, which covers the subject matter related to Apixaban. The court granted the ad interim injunction, restraining the defendants from dealing in or advertising the infringing generic products 'Apixaz' and 'Apiquis', and ordered the permanent delisting of such advertisements.
Eli Lilly And Company v.Hetero Labs Limited
The plaintiffs allege that the defendants have infringed their patent for Baricitinib by manufacturing and selling it without a license. The case involves a request for an injunction to prevent the defendants from continuing this activity.
M/S Copenhagen Hospitality And Retails & Ors. v.M/S. A.R. Impex & Ors.
The Delhi High Court granted interim relief in favor of M/S Copenhagen Hospitality And Retails & Ors. against M/S. A.R. Impex & Ors., finding a prima facie case of trademark infringement and passing off. The court restrained the defendant from using deceptively similar pizza names, proprietary products, and controlling the plaintiff's official social media accounts while the main suit proceeds. This order protects the brand integrity of LA PINO'Z PIZZA against unauthorized commercial use by the franchisee.
Snapdeal Private Limited v.Godaddycom Llc And Ors
Snapdeal Private Limited filed an application seeking a temporary injunction against Godaddycom and others, alleging widespread infringement of its registered 'SNAPDEAL' trademark through the registration and offering of infringing domain names. The court examined the feasibility of granting such a broad injunction, particularly concerning the ability to prevent the registration of any domain name containing the mark. While acknowledging the plaintiff's claims of infringement, the judge required further clarification from the defendant regarding the practical implementability of the requested relief before making a final decision on the interim order.
Hasmukhrai And Co. v.Nishi Enterprises
The Bombay High Court disposed of the interim application after both parties reached an agreement. The Defendants submitted to a decree based on the plaint's prayer clauses, and agreed to destroy all infringing labels and materials within three weeks.
M/S Kamdhenu Limited v.M/S Aashiana Rolling Mills Ltd.
Kamdhenu Limited sued Aashiana Rolling Mills Ltd. alleging infringement of its registered design for steel bars featuring a double-ribbed surface pattern. The defendant challenged the validity of this registration, arguing that the design was merely a common feature found in industry standards and prior publications. The Delhi High Court ultimately ruled in favor of the defendant, finding that the plaintiff's design lacked novelty because it reflected established industry practices and known standards.
Tata Sons Private Limited v.Dinesh Kumar
The Delhi High Court disposed of the dispute between Tata Sons Private Limited and Dinesh Kumar after the parties reached a comprehensive settlement. The agreement confirmed Tata's ownership of the well-known 'TATA' mark and required the defendant to cease all use of the mark or any deceptively similar variations. Furthermore, the defendant agreed to assign his related trademark registration and pay a full and final settlement amount of INR 2,00,000/-.
M/S Drs Logistics (P) Ltd & Another v.Google India Pvt Ltd & Anr
The Delhi High Court addressed applications filed by Drs Logistics against Google regarding trademark infringement via search engine advertising. The court recognized that using a registered trademark as a keyword could lead to consumer confusion, diverting traffic from the plaintiff's site to competitors. Consequently, the court granted interim injunctions requiring Google and other defendants to investigate any complaints of misuse and remove or block advertisements found to be infringing or causing passing off.
Novartis Ag v.Windlas Biotech Pvt Ltd
The case involves a patent infringement dispute where Novartis AG claims that Windlas Biotech Pvt Ltd is infringing on their Indian Patent No. 229051 related to a pharmaceutical composition comprising Sacubitril + Valsartan. The court has previously issued an interim order restraining the defendants from using the infringing product.
Alkem Laboratories Ltd. v.Nava Healthcare Pvt. Ltd. & Ors.
In this trademark infringement suit concerning pharmaceutical products, the Delhi High Court addressed the plaintiff's request for immediate interim injunction. The court declined to grant an ex parte order, emphasizing that the defendants had claimed prior use of the mark since 2018 and that public interest required them to be given a chance to respond. Consequently, notice was issued to the defendants, allowing the litigation process to proceed with due consideration for all parties.
Unilever Plc v.Hemakesh Frozen Foods Pvt. Ltd
The parties, Unilever Plc and Hemakesh Frozen Foods Pvt. Ltd, settled their dispute in this Commercial IP Suit. The defendant submitted to a decree based on the plaint's prayer clauses, leading the plaintiff to drop its claim for damages.
Dhanam Textiles v.N.Varadaiah Trading as Ganesh Lungi Company
Dhanam Textiles filed a suit against N.Varadaiah for alleged infringement of its registered trademark '360 BRAND,' copyright violation, and passing off concerning textile goods (lungies). The plaintiffs sought permanent injunctions and damages due to the defendant's use of deceptively similar labels like '3600, 361, 369 BRAND.' Ultimately, the parties reached a compromise memo which was accepted by the court, leading to the suit being decreed in terms of that settlement.
The Bhor Chemicals And Plastics Private Ltd v.Amol K Patil & Anr
The Plaintiff filed a suit seeking protection of its confidential information and proprietary industrial technology/trade secrets, alleging that Defendant No. 1 (a former employee) stole samples and passed on this confidential information to Defendant No. 2. The court heard the interim application for ad-interim reliefs.
Centaur Pharmaceuticals Pvt Ltd v.Mhs Pharmaceuticals Pvt Ltd
Centaur Pharmaceuticals filed a Leave Petition against MHS Pharmaceuticals regarding the alleged infringement of its long-standing pharmaceutical trademark, SINAREST, by the Defendant's mark, SINARITE. The court granted the leave petition and directed both parties to file affidavits in reply and rejoinder within specified timelines.
Sun Pharmaeutical Industries Limited v.Indkus Nexa
Sun Pharmaeutical Industries Limited filed a civil suit against Indkus Nexa and Indo Himalaiyan Herbs Inc. alleging trademark infringement, copyright violation, and passing off concerning its registered mark 'VOLINI'. The plaintiff sought permanent injunctions to stop the use of similar marks like 'VOLINEX' and imitation packaging. The dispute was ultimately resolved through a memorandum of compromise signed by both parties.
Unilever Plc v.Ashok Kumar
The Plaintiffs, Unilever Plc, sought to amend their suit against Ashok Kumar. The court allowed the petition under Clause XIV to combine the cause of action in passing off with that in infringement, and also permitted the Interim Application for amendments. Consequently, a further ad-interim order was granted regarding the passing off claim.
A.R.Safiullah v.Daniel
The plaintiff filed a suit seeking permanent injunctions against the defendants for infringing his registered patent (No. 198079) related to food grade laminated paper and for passing off their products as the plaintiff's. The dispute was subsequently resolved between the parties.
Verizon Trademark Services Llc & Ors. v.Innovation Meditech Private Limited
In this trademark dispute before the Delhi High Court, the Plaintiffs (Verizon Trademark Services Llc & Ors.) and the Defendant (Innovation Meditech Private Limited) have reached a mutual understanding. The court noted that the parties were actively engaged in drawing up a settlement agreement to resolve the ongoing litigation. This indicates a cooperative approach toward resolving commercial disputes outside of full trial.
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