IP Cases — 2021
423 decisions across all jurisdictions
Page 13 of 15 · 423 total
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.
Bristol-Myers Squibb Ireland Unlimited Company v.Micro Labs Limited
The plaintiffs filed a suit seeking permanent injunction against Micro Labs Limited for infringing their registered patent (No. 247381) related to Apixaban, an anticoagulant drug. The court considered the prior history of similar cases and granted an ex-parte ad- interim injunction restraining the defendant from manufacturing or selling generic Apixaban under any brand name, including 'APIVAS'.
Slk Software Services Pvt. Ltd. v.Universal Test Solutions LLP
The petitioner, a software development company, challenged an arbitration award (AC No.92/2018) passed by Respondent No. 2 (the Arbitrator). The dispute arose from a Business Alliance Agreement regarding the perpetual licensing of 'Test Magic' software. The court dismissed the petition, upholding the arbitral award.
Larsen & Toubro Limited v.Radheshyam Singh
The plaintiffs (Larsen & Toubro Limited and General Industrial Controls Private Limited) filed a suit alleging that the defendants were infringing their trademarks (including Larsen & Toubro, L&T, LT, etc., and GIC/GIC) and violating copyrights related to their product labeling. The court found the defendants guilty of infringement and passing off.
Control Print Limited v.Anmol Chugh Trading As Shavias Enterprises and Ors.
In a mixed IP dispute involving copyright infringement and passing off related to 'The Mask Lab,' the Bombay High Court granted ad-interim relief in favor of Control Print Limited. The court issued injunctions restraining the defendants from using designs substantially similar to the plaintiff's copyrighted artistic work, and from passing off their products as those of 'The Mask Lab.' Additionally, the order directed the removal of malicious reviews posted on the plaintiff's Google page, providing immediate protection pending final disposal of the suit.
Rpg Enterprises Limited v.RPG Location Through Rajendra Gupta
The suit involved Rpg Enterprises Limited alleging infringement and passing off against RPG Location. The defendant, Rajendra Gupta, stated he had no intention to infringe but agreed to remove the disputed logo and stop using the stylized mark 'RPG'.
Ms. Mallika Singh Daughter Of Mr. Narendra Singh and Mr. Parth Pareek Son Of Mr. Prem Prakash Pareek v.Union Of India, State Of Rajasthan, Principal Secretary, Department Of Medical, Health And Family Welfare, Government Of Rajasthan
Petitioners filed a Public Interest Litigation seeking directions to the respondents to ascertain if any vaccine is covered by patents, issue compulsory licenses under the Patents Act, share manufacturing trade secrets, and increase vaccine production capacity. The court dismissed the petition, stating that the issues involved relate to policy decisions to be taken by the respondents.
Sss Lungie Company v.SSS Lingam Company
Sss Lungie Company filed a civil suit against SSS Lingam Company and others, alleging trademark passing off and copyright infringement related to the '3 ROSES label' used on lungies. The plaintiff sought permanent injunctions, destruction of infringing materials, and damages for unauthorized use of their brand and artistic work. However, the court ultimately dismissed the suit as withdrawn at the request of the plaintiff's counsel.
Core Integrated Management Systems Pvt Ltd v.The Bci Forum Ltd & Ors.
The Delhi High Court addressed a suit filed by Core Integrated Management Systems Pvt Ltd seeking permanent injunction against trademark infringement, passing off, and dilution related to the marks 'CONTINUITY AND RESILIENCE' and 'CONTINUITY & RESILIENCE'. Given that oppositions have been filed against the Plaintiff’s registered trademarks, the court suspended the registration certificates. Consequently, both parties agreed that the pending opposition proceedings must be decided first before the injunction application can proceed. The court also directed both sides to file documents detailing the nature of use of the disputed mark.
Diyora And Bhanderi Corporation v.Sarine Technologies Limited
This writ petition challenged a Case Management Order passed by the Commercial Court, which fixed the trial schedule and mandated proceedings through Video Conferencing. The original suit involved allegations of copyright infringement concerning advisory software. The High Court upheld the lower court's order, noting that it appropriately considered guidelines from the Supreme Court regarding expeditious trials during the pandemic, thereby dismissing the petition.
Snapdeal Private Limited v.Snapdealluckydraws.Org.In & Ors.
The Delhi High Court allowed Snapdeal Private Limited's application to implead numerous rogue websites as defendants in its ongoing infringement suit. The court extended existing interim orders, restraining these newly added parties from passing off the 'SNAPDEAL' trademark. Furthermore, it issued specific directions compelling certain defendants and registrars to suspend domain name registrations and notify internet service providers to block access to the infringing sites.
Xotik Frujus Pvt Ltd v.Kishan Hirji Gothi Sole Proprietor Of Bubalus Beverages
Xotik Frujus Pvt Ltd filed a Commercial IP Suit against Kishan Hirji Gothi for alleged infringement. The Defendant submitted to the decree terms, leading the Court to dispose of the suit in favor of the Plaintiff.
Swatch AG v.Suresh Kumar
Swatch AG filed a suit seeking permanent injunction against Suresh Kumar for infringing its well-known trademark 'SWATCH' by adopting the domain name www.swatchclub.in to sell similar goods. The court found that the impugned domain name was identical and deceptively similar, leading to huge losses for the plaintiff.
Six Continents Hotels, Inc. v.Karan Holiday Inn Private Limited & Anr
In this ongoing trademark dispute, the Delhi High Court noted that while the defendant had largely removed the disputed mark from various sources, some instances persisted on third-party websites. The court allowed the plaintiff to issue notices to these specific sites demanding the takedown of the infringing trademarks and associated photographs. Furthermore, the parties were directed to continue mediation proceedings, indicating a potential path toward an amicable settlement.
Merck Sharp And Dohme Corp v.Amoli Organics Private Limited
Merck Sharp And Dohme Corp filed a suit seeking a permanent injunction and damages against Amoli Organics Private Limited for allegedly making, selling, or dealing in products that infringe its Indian Patent No 209816. The dispute centered on the Sitagliptin API and its salts.
Xotik Frujus Pvt Ltd v.Silvassa Bottling Co
The dispute involved alleged infringement concerning a registered label used by Xotik Frujus Pvt Ltd for its beverage product, JEERU. Following an ad-interim order appointing a Court Receiver, the parties reached an agreement regarding labeling changes and the handling of seized goods.
M/s.Bahwan Cyber Tek Pvt. Ltd. v.Aptivaa Consulting Solutions Private Limited
The Madras High Court formally accepted a Joint Memo of Compromise between M/s.Bahwan Cyber Tek Pvt. Ltd. and its defendants regarding trademark infringement concerning 'ASYMMETRIX EARLY WARNING SYSTEM'. The parties agreed that the defendants would cease all use, display, or advertising of the disputed mark in relation to software products. In exchange, the plaintiff waived most other reliefs sought in the suit, leading the court to decree the case based on the terms of the compromise.
Kanishk Sinha & Anr. v.The Union Of India & Anr.
The petitioners challenged an impugned order regarding their patent rights related to electronic eco-friendly battery-operated vehicles. The court addressed arguments concerning the necessity of adding other manufacturers and states as parties, ultimately finding that the limited scope of the petition did not require such additions.
Atotech Deutschland GmbH v.Grauer & Well (India) Limited
The Bombay High Court addressed a commercial appeal filed by Atotech Deutschland GmbH seeking urgent interim relief in a trademark infringement suit concerning its 'TRICHROME' mark. The initial refusal of the injunction was based partly on procedural delays. However, the Appellate Bench clarified that under the statutory scheme of the Trade Marks Act, 1999, immediate protection for registered trademarks should be prioritized over minor delays. Consequently, the appeal was disposed of with directions allowing Atotech to request an early hearing and have its ad-interim relief application reconsidered on its merits.
Praveen Murarka v.Bhama Enterprises India Pvt. Ltd.
This appeal before the Madhya Pradesh High Court addressed a dispute over registered designs of water bottles. The appellant, Praveen Murarka, sought an injunction against the respondent for allegedly infringing his registered design ('Kool Kommandar') with their product ('Cool Cutie'). The core legal issue revolved around whether the Commercial Court correctly applied the test of 'exact similitude' or if the proper standard under the Designs Act, 2000, was the 'look alike' factor. The High Court ultimately found that the designs were substantially similar and set aside the lower court's order, allowing the injunction.
Enlearn Education Pvt Ltd v.Imperial Heritage School
Enlearn Education Pvt Ltd successfully secured an interim injunction against Imperial Heritage School in the Delhi High Court. The plaintiffs, who operate a well-established school under the name 'The Heritage School,' alleged that the defendants were attempting to register and use the deceptively similar mark 'IMPERIAL HERITAGE SCHOOL.' The court found that a prima facie case was made out, granting immediate relief to prevent irreparable harm and confusion in the market.
F.Hoffmann-La Roche Ltd. v.Matrix Laboratories Limited
F.Hoffmann-La Roche Ltd. filed a suit seeking permanent injunction against Matrix Laboratories Limited for infringing Indian Patent No.196774, which relates to a pharmaceutical or chemical compound product. The court ultimately disposed of the suit as no further orders were necessary due to the rejection of leave to institute the suit by the Division Bench.
Mahaan Foods Ltd & Anr. v.Calpro Specialities Pvt Ltd
In this Delhi High Court matter concerning trademark disputes, the court observed significant procedural difficulties on the part of the respondent. Despite being notified about the termination of key trademark license agreements, the respondent failed to provide a formal response and instead changed legal counsel without adequate instructions. Given these compounding issues, the bench decided to stay the operation of the impugned orders in the appeals, allowing time for the matter to be properly addressed.
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.
Vinod Snacks and Confectioners Private Limited v.Vinod Multifood Products Private Limited
The Delhi High Court addressed a trademark infringement suit filed by Vinod Snacks & Confectioners Pvt. Ltd. against Vinod Multifood Products Pvt. Ltd., concerning the use of the trademarks 'POOJA' and 'SHIV'. While the court allowed the main suit to proceed, it granted an interim injunction restraining the defendants from independently selling products under these marks. However, the defendants were permitted to continue supplying these products to the plaintiff, provided separate sales accounts are maintained.
Mohalla Tech Priavte Limited v.Lagdhir Jugaldip Bharatkumar
The Gujarat High Court heard an appeal challenging an ex-parte ad-interim injunction granted in a trademark suit. While the appellant argued the initial order failed to meet mandatory procedural requirements under Order 39 Rule 3 CPC, the court chose not to interfere with the interim order at that stage. Instead, it directed the trial court to proceed expeditiously with hearing the Injunction Application on its merits, ensuring both parties are given a full opportunity to be heard.
New Pattukottai Kamatchi Mess v.New Pattukottai Kamatchi Mess - Nunpahal Unavagam LLP
This case involved a dispute over the use of the trade name 'New Pattukottai Kamatchi Mess' between two entities. The plaintiff sought permanent injunctions against trademark infringement and passing off, along with damages. However, both parties mutually agreed to resolve all existing disputes, including those related to the trademark claims, through arbitration.
Interdigital Technology Corporation v.Xiaomi Corporation
Interdigital Technology Corporation filed an application seeking an injunction against Xiaomi Corporation and others, restraining them from enforcing an anti-suit injunction order passed by the Wuhan Intermediate People's Court. The dispute centers on alleged infringement of Standard Essential Patents (SEPs) used in cellular handsets. The court allowed the application, making the ad interim injunction absolute.
Poly Medicure Limited v.Assistant Controller Of Patents And Designs
Poly Medicure Limited appealed the decision of the Assistant Controller of Patents and Designs which rejected its patent application (No. 2109/DEL/2011). The rejection was based on the claim subject not fulfilling the requirements of Section 2(1)(j) of the Act. The High Court granted certain exemptions but directed further proceedings, including the presence of the Assistant Controller.
Hero Electric Vehicles Private Limited & M/s. V.R. Holdings v.Mr. Guddu Ansari & Ors.
The Delhi High Court ruled in favor of Hero Electric Vehicles Private Limited, finding that Defendants were infringing upon its trademarks and copyrights by operating a nearly identical website and domain (www.heroelectro.in). The court found that the defendants were actively duping consumers by misrepresenting their affiliation with the renowned 'Hero Electric' brand to solicit dealership enquiries and collect large sums of money. Consequently, the court granted permanent injunctions, awarded damages of Rs. 50 lakhs, and mandated the transfer of the infringing domain name to the Plaintiffs.
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