IP Cases — 2021
370 decisions across all jurisdictions
Page 12 of 13 · 370 total
A.R.Safiullah v.Sri Ayyappan Fine Arts
A.R.Safiullah filed a civil suit against Sri Ayyappan Fine Arts and others, alleging infringement of his intellectual property rights. The plaintiff sought permanent injunctions based on Patent No. 198079 (for food-grade laminated paper) and Design No. 182931 (for artificial laminated banana leaves). Furthermore, the suit claimed passing off related to trade dress imitation. However, before a final judgment could be delivered, the plaintiff formally withdrew the civil suit.
A.R.Safiullah v.Sri Ayyappan Fine Arts
A.R.Safiullah filed a civil suit against Sri Ayyappan Fine Arts and others, alleging infringement of his intellectual property rights. The plaintiff sought permanent injunctions based on Patent No. 198079 (for food-grade laminated paper) and Design No. 182931 (for artificial laminated banana leaves), as well as claims of passing off. However, before the court could rule on the merits of the infringement claims, the plaintiff formally withdrew the civil suit.
Aktiebolaget Volvo & Ors. v.Woodol International & Ors.
The Delhi High Court partially ruled in favor of Volvo, granting a preliminary decree against Woodol International regarding the unauthorized use of the 'VOLVO' trademark on lubricants. Despite initial defenses by the defendants claiming no infringement and non-compliance with mediation requirements, the court accepted the affidavits stating that the defendants had ceased or were not manufacturing under the mark. The suit will now proceed to trial to determine the final quantum of damages and rendition of accounts.
R X Infotech Private Limited v.Jalpa Rajesh Kumar Jain
The Delhi High Court dismissed a defendant's application seeking to reject the plaint on grounds of lack of territorial jurisdiction. The court held that even if the suit was primarily based on Section 134 of the Trade Marks Act, the general provisions of Section 20 of the CPC allow for jurisdiction where any part of the cause of action arose. Specifically, the court found that online transactions related to the defendant's website could reasonably be considered to have occurred within Delhi, thus validating the plaintiff's choice of forum.
Plaintiff No. 1 v.Defendants
The plaintiffs, owners of two patents covering the compound LINAGLIPTIN and its derivatives, filed a suit alleging that the defendants were manufacturing LINAGLIPTIN tablets under the brand name BRLENTA-5 without consent. The court found a prima facie case for injunction.
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.
M/S. B.R.Industries v.State Of Meghalaya & 2 Ors.
The Meghalaya High Court addressed a jurisdictional challenge raised by respondents in a trademark infringement case involving 'Megha' cashew nuts. The court clarified that under the specific administrative rules governing tribal areas like Nongpoh, courts presided over by Deputy Commissioners and Additional Deputy Commissioners function as Principal Civil Courts of Original Jurisdiction. Consequently, these courts are deemed competent to try suits under Section 134 of the Trade Marks Act, 1999, thereby upholding the petitioner's right to pursue the infringement claim.
Minbimbangal Productions (P) Ltd v.Harshini Movies
Minbimbangal Productions (P) Ltd filed a suit against Harshini Movies seeking permanent injunction to prevent the use of the title 'Vidathu Karuppu' or any deceptively similar title for its motion picture. The plaintiffs had previously secured an interim injunction regarding this matter. However, subsequent developments revealed that the defendant had changed the name of their film to 'Shenbaga Kottai'. Consequently, the plaintiffs filed a memo stating that they were not pressing the suit further, leading the court to dismiss the case as not prosecuted.
Minbimbangal Productions (P) Ltd and E9 Intrakt v.Harshini Movies
Minbimbangal Productions (P) Ltd filed a suit against Harshini Movies seeking permanent injunctions under the Trademarks Act, 1999, and the Copyright Act, 1957. The plaintiffs sought to prevent the defendant from using the title 'Vidathu Karuppu' or any deceptively similar title for their motion picture. However, subsequent developments revealed that the defendant had changed the name of their film to 'Shenbaga Kottai', leading the plaintiffs to withdraw the suit.
M/s.Kumbhat Holographics v.The Government Of Tamil Nadu
The appellants challenged the tender terms set by the Tamil Nadu State Marketing Corporation Ltd for producing polyester based hologram excise labels. They argued that the technical specifications favored a specific patented technology, leading to limited participation and vitiating the public tendering process. The High Court found merit in this challenge, quashing the tender but allowing Uflex (the awarded vendor) to continue work temporarily.
R.Ravindran v.M.Anandan
R.Ravindran appealed against an order concerning his rights as assignee of the copyright in a story related to the film 'Chakra'. The court dismissed both appeals, noting that while the primary finding regarding his arbitration application was accepted, the dismissal did not preclude him from asserting other legal causes of action.
Merck Sharp And Dohme Corp v.Chiral Biosciences Limited
The plaintiffs, Merck Sharp And Dohme Corp, filed a suit alleging infringement of their Indian Patent No. 209816 covering Sitagliptin, a DPP-4 inhibitor used to treat Diabetes Mellitus Type II. The court issued an order granting an ex parte ad interim injunction restraining the defendant from manufacturing or dealing in infringing products until further hearing.
M/S Shenzhen Jiayz Photo Industrial Ltd. v.Flipkart Internet Pvt Ltd & Ors.
The Delhi High Court granted an ad-interim injunction in favor of M/S Shenzhen Jiayz Photo Industrial Ltd. against Flipkart Internet Pvt Ltd and associated sellers. The plaintiff alleged that unauthorized third-party sellers were using the registered 'BOYA' trademark to sell counterfeit microphones on the platform, causing reputational damage and fraud. The court recognized a prima facie case and granted the injunction, compelling the e-commerce platform to take steps to remove listings of fake products.
Glenmark Pharmaceuticals Ltd v.Mankind Pharma Ltd
The plaintiff filed a suit for trademark infringement combined with passing off. The defendant challenged the court's jurisdiction, arguing that since both parties had offices in Delhi, the Bombay High Court lacked competence to hear the common law claim. The court rejected this submission, affirmed its jurisdiction under the Trade Marks Act, 1999, and made the Clause XIV Petition absolute.
Kanjibhai Ishwarbhai Patel & Ors. v.Jafar Ali
This appeal was filed by Kanjibhai Ishwarbhai Patel & Ors. challenging an ex parte ad-interim injunction granted by the Commercial Court in a suit for patent infringement. The appellants argued that the Commercial Court had incorrectly applied parameters suitable for trademark infringement, constituting a jurisdictional error. They also raised concerns regarding procedural lapses and prior litigation history which prejudiced their case. Despite finding merit in the contentions, the High Court decided to allow the matter to proceed before the Commercial Court to ensure a fair hearing on the interim relief application.
Unilever Plc. v.Ashok Kumar (Unknown Person)
The court considered an Interim Application filed by Unilever Plc. against Ashok Kumar regarding patent infringement. The Court granted leave to amend the pleadings, noting that infringing goods were being marketed by a third party (Sunil Garg). Consequently, an ad-interim order was passed under Clause XIV of the Letter Patent.
Yogi Ayurvedic Products Pvt Ltd v.The Yogi And 2 Ors
The Plaintiff, a private limited company, filed an interim application seeking protection for its registered and formative marks under 'YOGI' against the Defendants. The Plaintiff alleged that the Defendants were infringing these marks and attempting to pass off their goods using 'THE YOGI' online. The Court found a prima facie case made out and permitted the plaintiff to proceed with the ad-interim relief application.
Everest Food Products Private Limited v.Taparia Industries And Anr
The court addressed a Leave Petition filed by Everest Food Products Private Limited seeking to combine causes of action related to passing off and infringement. The court directed that since the Defendants were in Jaipur, service must be effected by courier with proof of delivery.
Dr Reddys Laboratories Limited v.Pro Bios Pharmaceuticals Private Limited
In a trademark dispute concerning the brand name OMEZ, Dr Reddys Laboratories Limited and Pro Bios Pharmaceuticals Private Limited agreed to pursue settlement. The defendants indicated they had ceased using the disputed mark, leading both parties to agree that mediation was the preferred path forward. Consequently, the Delhi High Court scheduled the parties for mediation at its Conciliation Centre.
Bajaj Electricals Limited v.Urban Foodmart India Pvt Ltd
Bajaj Electricals Limited filed an Interim Application against Urban Foodmart India Pvt Ltd for alleged trademark infringement related to the mark "BAJAJ SUPERMART". The court accepted an undertaking from the Defendants that they would cease using the infringing mark pending the final disposal of the application and remove all associated signage.
International Society for Krishna Consciousness (ISKCON) v.Vishna Foods Private Limited
The Bombay High Court granted an ad-interim injunction in favor of International Society for Krishna Consciousness (ISKCON) against Vishna Foods Private Limited. The court found a prima facie case that the defendant was infringing on ISKCON's registered trademark and engaging in passing off by using a deceptively similar mark across various goods and services. This interim relief prevents the defendant from continuing unauthorized use of the mark until the final disposal of the suit.
Societe D Elastographie v.N.W. Overseas Pvt. Ltd.
The plaintiffs filed a suit alleging infringement of Indian Patent No. 244875 by the defendants. The patent's validity lapsed in February 2020, affecting the need for interim relief.
Triumphant Institute Of Management Education Pvt. Ltd. v.Times Coaching Centre
The Delhi High Court addressed applications concerning an existing trademark infringement suit between Triumphant Institute of Management Education and Times Coaching Centre. The core issue revolved around whether the Defendant's subsequent change in its trademark, from 'Times Coaching Centre' to 'Future Times Coaching Centre', constituted wilful disobedience of a prior interim injunction. The court found that the Defendant acted under a genuine misunderstanding of the scope of the injunction, believing the new mark was outside its restraint. Consequently, while dismissing the applications for non-wilful reasons, the court imposed costs on the Defendant due to the continued use of infringing marks.
adidas AG / adidas India Marketing Private Limited v.Mr. Rajender Kumar
The plaintiff, adidas AG through its Indian subsidiary, filed a suit alleging that the defendant was manufacturing, stocking, distributing, and selling infringing shoes and accessories bearing trademarks identical or confusingly similar to 'adidas', 'three bars', '3-Strips', and 'Trefoil'. The court found that the defendant's actions constituted trademark infringement, copyright violation, and passing off, leading to a decree in favor of the plaintiff.
Centrient Pharmaceuticals Netherlands B.V. v.Dalas Biotech Limited
The plaintiffs filed an application seeking discovery through interrogatories in a suit alleging infringement of their patent for Amoxicillin Trihydrate. The plaintiffs argued that the defendant's process description was ambiguous and evasive, hiding the use of immobilized enzymes and specific acids. However, the court dismissed the application, finding it amounted to a roving inquiry and stating that the issues could be addressed through cross-examination.
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.
Ampm Fashions Private Limited v.Mr. Akah Anil Mehta, Partner Of Ampm Designs & Anr.
This Delhi High Court order addresses a rectification application concerning a trademark registration. The plaintiff informed the court that the Intellectual Property Appellate Board (IPAB) had previously directed the removal of the defendant's mark from the Trademarks Register. However, the defendants requested an adjournment as they were in the process of challenging the IPAB's decision, leading the court to list the matter for a future date.
M/S. Blue Heaven Cosmetics Private Limited v.Bhcosmetics Llc
The Delhi High Court permitted M/S. Blue Heaven Cosmetics Private Limited to amend its plaint in a trademark infringement suit against Bhcosmetics Llc. The amendment corrected an inadvertent typographical error, clarifying that the 'BH' logo/label was not yet a registered trademark but rather had a pending application and long-standing user rights since 1986. The court allowed this correction, recognizing it would not alter the core relief sought (permanent injunction for passing off and infringement), and subsequently modified an earlier court order to reflect the accurate status of the mark.
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.
Grand Tobacco Private Limited v.Abdul Rashid Shaikh Tobaco, A Limited Liability Partnership & Ors.
The plaintiff, Grand Tobacco Private Limited, filed an application seeking interim protection against the defendant for infringement of its registered trademark and passing off. The court found a prima facie case existed, noting that the defendant was using a deceptively similar mark ('A.R.S Chand Tara Marka') and color combination on tobacco products compared to the plaintiff's mark ('Super Chand Tara Marka').
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