IP Cases — 2021
370 decisions across all jurisdictions
Page 4 of 13 · 370 total
Chugai Seiyaku Kabushiki Kaisha v.Fresenius Kabi Oncology Limited
Chugai Seiyaku Kabushiki Kaisha filed a suit seeking an ad interim injunction against Fresenius Kabi Oncology Limited for infringing Indian Patent No. IN 294424 related to the drug Alectinib. The court granted the injunction, restraining commercial activities, but allowed the defendant to use the product for research purposes under Section 107A of the Patents Act.
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.
Cerveceria Modelo Demexico S De R L De Cv v.The Origin Ventures & Ors
In a significant ruling for global beverage giants, the Delhi High Court granted an interim injunction to Cerveceria Modelo Demexico S De R L De Cv. The court found that the defendants were using the well-known 'CORONA' and 'BUDWEISER' trademarks and logos in a derogatory manner on their clothing line products. Recognizing the prima facie case, the court restrained the defendants from selling or marketing these disparaging products until further hearing, protecting the goodwill of the established brands.
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.
Procter And Gamble Hygiene and Health Care Ltd v.Danish Health Care Pvt Ltd
The Bombay High Court disposed of an Interim Application filed by Procter and Gamble Hygiene and Health Care Ltd against Danish Health Care Pvt Ltd. The court confirmed the continuation of a previous ex parte order and directed that further orders would be passed on the cause of action in passing off.
PFIZER INC v.NATCO PHARMA LIMITED
The plaintiffs (Pfizer Inc) informed the court that the present matter relates to Patent No. 218291 and is connected to several other pending cases involving the same patent. The court directed that the present matter be listed along with these related matters before the Judge In-charge on September 30, 2021.
Hindustan Unilever Ltd v.Vansh Cosmatic & Anr
The court heard an interim application regarding a commercial IP suit filed by Hindustan Unilever Ltd against Vansh Cosmatic & Anr. The defendants offered a token amount as damages, but the court noted that the counterfeit HUL goods were being sold at MRP, indicating significant potential damage. Consequently, the court granted further injunctions and allowed the seizure of counterfeit goods.
Hindustan Unilever Limited v.Aarif Miraj And Anr
The Bombay High Court heard an interim application filed by Hindustan Unilever Limited against Aarif Miraj and others. The court confirmed the execution of previous orders, granted an injunction concerning passing off, and allowed the plaintiff liberty to file a further application for the destruction of counterfeit products.
Loreal S.A. v.Ashok Kumar And Others & Ors
The Delhi High Court granted an interim injunction in favor of Loreal S.A., a global beauty brand, against defendants accused of trademark infringement and passing-off. The court found that the defendants were operating a 'rogue website' (www.lorealglobal.in) and using email addresses mimicking L'OREAL's domain to deceive the public. Crucially, the court issued specific directions compelling the domain registrar and telecom service provider to disclose user details and block access to the infringing online assets, establishing a strong precedent for digital IP enforcement.
Mr. Anil Rathi v.Shri Sharma Steeltech (India) Pvt. Ltd.
The Delhi High Court addressed an application filed by Mr. Anil Rathi concerning the unauthorized use of his trademark 'RATHI'. The plaintiff alleged that a proposed defendant was using the mark in violation of a prior court injunction order. The court issued notice to the alleged contemnors and scheduled the matter for service and completion of pleadings, keeping the litigation active.
Terrace Pharmaceuticals Pvt. Ltd. v.The Controller General Of Patents, Designs and Trademarks & Anr.
In this matter concerning a petition before the Delhi High Court, the court addressed several procedural applications. While certain motions were disposed of, the bench issued a critical direction requiring the petitioner to implead the actual registered proprietors of the trademark in question. This step is necessary because a favorable ruling could lead to the cancellation of their registered mark, ensuring all stakeholders are heard before proceeding with the core dispute.
Rajdhani Masala Co & Anr. v.Victoria Foods Private Limited
The Delhi High Court addressed the trademark dispute between Rajdhani Masala Co & Anr. and Victoria Foods Private Limited, which centers on the use of the 'RAJDHANI' mark. While the appellants claimed long-standing usage since 1965, the court noted a lack of concrete evidence, such as sales invoices, to establish prima facie commercial use of the trademark on their goods. The Court directed both parties to file the complete record before proceeding further in the litigation.
L.G.Varadarajulu v.M/S.Raj Ganesh Enterprises
The plaintiffs filed a suit seeking perpetual injunctions against the defendant for infringing Patent No. 179607, Design Nos. 163445 and 163446, and copyright in their table top wet grinders. However, the first plaintiff passed away, and the remaining plaintiffs sought to withdraw the suit.
Macleods Pharmaceuticals Limited v.Nava Healthcare Pvt. Ltd.
The Delhi High Court ruled in favor of Macleods Pharmaceuticals Limited, granting a permanent injunction against Nava Healthcare Pvt. Ltd. and associated defendants for trademark infringement and passing off. The court found that the Defendants' mark 'Blofin-D3 Max' and packaging were identical to the Plaintiff's registered marks ('Bio-D3', 'Bio-D3 Max') used for similar pharmaceutical preparations. Although Defendant No. 1 changed its mark, the injunction was upheld against all parties involved in the collaboration, and costs were awarded to the Plaintiff.
Alkem Laboratories Limited v.Danish Health Care Pvt Ltd & Anr.
The Delhi High Court decreed the suit filed by Alkem Laboratories Limited against Danish Health Care Pvt Ltd following an amicable settlement reached through court mediation. The dispute centered on the alleged infringement of Alkem’s registered trademark ‘ALDIGESIC’ in medicinal preparations. Under the terms of the settlement, the Defendants acknowledged Alkem's rights and agreed to cease using the infringing mark and similar trade dress, further agreeing to withdraw their own pending trademark application for 'ALGESIC'.
Brandzstorm India Marketing Pvt Ltd v.LN Agency
The Bombay High Court granted interim relief in favor of Brandzstorm India Marketing Pvt Ltd, the registered proprietor of the 'LUXXUBERANCE' trademark. The court found a prima facie case for infringement, noting that despite the termination of the franchise agreement, the Defendant continued to use the Plaintiff's mark. Consequently, the court appointed a Court Receiver and an Additional Special Receiver in Jamshedpur to seize and inventory all infringing goods and issue a temporary injunction against the Defendant's further misuse of the trademark.
RICA S.P.A. v.JATIN HEMENDRABHAI VORA TRADING AS M/S PARUL MARKETING & ANR.
The Delhi High Court allowed the plaintiff, RICA S.P.A., to file a suit seeking permanent injunctions and damages related to trademark infringement and passing off. The core dispute involves the defendant's attempt to register the similar mark "REAL RICA Wax" for identical cosmetic products used by the plaintiff under the registered trademark RICA. Crucially, the court granted an interim injunction restraining the defendants from using the disputed trademark until the suit is fully adjudicated.
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.
STANLEY BLACK AND DECKER, INC. v.STANLEY SWITCHGEAR PRODUCTS
The Delhi High Court addressed the initial proceedings in the trademark infringement and passing off suit filed by Stanley Black and Decker against Stanley Switchgear Products. While allowing procedural applications for filing additional documents, the court formally registered the plaint as a suit seeking permanent injunction based on an alleged violation of a 1975 undertaking regarding the use of the 'Stanley' trademark. Crucially, the court denied the plaintiff's request for an immediate ex-parte interim injunction, noting that there was no apparent evidence of goods being marketed beyond the scope of the original agreement.
Warner Bros Entertainment Inc. v.Mr Ishant Kashiwal Trading As The Hogwarts Kafe & Ors.
Warner Bros Entertainment Inc. successfully secured an interim injunction against Mr Ishant Kashiwal Trading As The Hogwarts Kafe in a suit for trademark infringement, passing off, and unfair competition. The court recognized Warner Bros' status as a global leader and prior proprietor of the well-known 'Hogwarts' trademarks. Crucially, the defendant was immediately restrained from using the infringing mark 'The Hogwarts Kafe' at their restaurant premises and directed to remove all related advertisements and listings online.
Emami Ltd. v.Torque Pharmaceuticals Pvt. Ltd.
Emami Ltd. vs Torque Pharmaceuticals Pvt. Ltd. saw its multi-faceted IP litigation reach a conclusion through settlement in the Calcutta High Court. The original suit, which involved claims of infringement across trademark, copyright, design, and passing off, was formally withdrawn by both parties. The court accepted the Terms of Settlement, decreeing the parent suit and disposing of all connected applications. This resolution allows both companies to move forward without further legal entanglement.
M/S Gulab Oil And Food (Ahmedabad) Pvt. Ltd. v.Smt. Madhu Gupta
The Delhi High Court dismissed the appeal filed by M/S Gulab Oil And Food, upholding the District Judge's interim order that prohibited the appellant from trading and selling 'Gulab' Namkeen products. The court found a prima facie case for confusion between the marks, noting that consumers identify the plaintiff's products solely by asking for 'Gulab.' Furthermore, it held that since namkeen is an allied product to the registered goods (Gajak/Rewari), Section 29 of the Trade Marks Act was attracted, thus justifying the interim protection.
Om Logistics Ltd v.Sh Mahendra Pandey
The Delhi High Court issued an interim order in favor of Om Logistics Ltd, restraining Sh Mahendra Pandey and his associates from using the deceptively similar trade mark 'OM EXPRESS LOGISTICS'. The court found that the plaintiff had made out a prima facie case regarding trademark infringement and passing off, given the long-standing reputation of 'OM LOGISTICS LTD.' and the similarity in the marks used by the defendant. This order allows the suit to proceed while protecting the established brand identity.
Pfizer Inc v.Triveni Interchem Private Limited
The plaintiff alleges infringement of its Indian Patent No. 218291 related to Palbociclib, marketed under the brand name 'Palbace'. The court found a prima facie case of infringement but noted the timeline of alleged infringement was unclear.
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.
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.
Wako India Kickboxing Federation v.Wako India Kickboxing Federation & Anr.
The Delhi High Court allowed the plaintiff's application seeking exemption from certain procedural requirements, while simultaneously registering the main plaint as a formal civil suit. The suit was filed under Section 57(2) of the Trade Marks Act, 1999, seeking the removal and rectification of specific trademarks registered in the defendant's name. The court issued detailed directions for serving summons and ensuring timely filing of written statements and rejoinders by both parties.
M/s Store N Move Pvt. Ltd. v.M/s Olog Logistics Pvt. Ltd.
M/s Store N Move Pvt. Ltd. filed a suit against M/s Olog Logistics Pvt. Ltd., seeking permanent injunctions against alleged infringement of its copyrighted computer application, 'OLOG', and its associated trademark. The plaintiff sought to prevent the defendants from reproducing or passing off services using similar applications or marks. However, before the court could rule on the merits, the plaintiff withdrew the suit with liberty to pursue the matter in a pending case before the NCLT.
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.
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.
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