IP Cases — 2021
423 decisions across all jurisdictions
Page 6 of 15 · 423 total
Renaissance Hotel Holdings, Inc. v.Rajendra Mahadev Dakare
In this trademark infringement suit, Renaissance Hotel Holdings, Inc. sought a temporary injunction against Rajendra Mahadev Dakare regarding the use of the mark 'RENAISSANCE'. The plaintiff argued that their established global hospitality brand was being threatened by the defendant's application for a similar mark. The Delhi High Court allowed the necessary applications and issued notice to the defendant, allowing the suit to proceed while granting interim relief pending further hearings.
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.
Pfizer Inc v.Natco Pharma Limited
The court passed several orders regarding various interlocutory applications in the suit filed by Pfizer Inc against Natco Pharma Limited. Specifically, the court granted an undertaking to the defendant that they would provide four weeks prior notice before launching the drug alleged to infringe the patent.
Sun Pharma Laboratories Limited v.Nova Indus Pharmaceuticals And Anr
Sun Pharma Laboratories Limited filed a commercial IP suit alleging trademark infringement and passing off against Nova Indus Pharmaceuticals. The court examined the extreme phonetic and structural similarity between the marks PANTOCID and PANZOCID, finding that there was a sufficient prima facie case.
Levi Strauss India Pvt. Ltd. v.Sh. Ramesh Kumar
The plaintiff, Levi Strauss & Company, filed a suit alleging that the defendants were clandestinely manufacturing, storing, and selling jeans and accessories bearing falsified and confusingly similar trademarks ('Levi's', 'Two Horse Logo', etc.). The court found the defendants guilty of trademark infringement and passing off, leading to a decree in favor of the plaintiff.
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.
Eli Lilly And Company v.Natco Pharma Limited
This case involved a suit for alleged patent infringement. The defendants filed applications seeking condonation of delay in filing their written statements, citing difficulties caused by the COVID-19 pandemic and general disruptions to legal processes. The court allowed these applications, condoning the delay.
Sulphur Mills Limited v.Dharmaj Crop Guard Limited & Anr.
The suit alleged infringement of Plaintiff's patent (IN'429) related to a novel agricultural composition used as a fertilizer. The Plaintiff claimed that Defendant No.1 was manufacturing and selling infringing products under brand names 'SUFFAR 90' and 'COZY WET 90 WDG'.
Cadila Healthcare Limited v.Pure & Cure Healthcare Pvt. Ltd.
Cadila Healthcare Limited successfully concluded its trademark infringement suit against Pure & Cure Healthcare Pvt. Ltd. by reaching a comprehensive settlement agreement before the Delhi High Court. The defendants formally acknowledged Cadila's absolute proprietary rights in the 'AMLODAC' trademark and committed to ceasing all use of the mark, including recalling existing stock and destroying promotional materials. This resolution allows the suit to be disposed of with a decree reflecting the agreed-upon terms.
Global Car Group Pte Ltd. v.Ola Fleet Technologies Private Limited
In this trademark infringement suit, Global Car Group alleged that Ola Fleet Technologies was infringing its 'Cars24' trademarks by bidding on them as keywords in Google Ads. While the petitioners argued this constituted use of the mark under the Trade Marks Act, 1999, the court did not rule on the merits at this stage. Instead, it directed the respondents to temporarily refrain from such keyword bidding until the legal position is clarified, allowing both parties to proceed with their respective arguments.
Merck Sharp And Dohme Corp & Anr v.Actis Generics Pvt Ltd
The Plaintiffs, Merck Sharp & Dohme Corp. and Sun Pharmaceutical Industries Ltd., filed a suit seeking an injunction against Actis Generics Pvt Ltd for infringing Patent No. IN'816, which covers the compound Sitagliptin. The court examined the prima facie case and found that the Defendant was distributing and selling infringing Sitagliptin API without authorization.
Hero Electric Vehicles Private Limited v.Lectro E-Mobility Private Limited
This case involved a dispute between Hero Electric Vehicles Private Limited and Lectro E-Mobility Private Limited concerning the alleged infringement of the 'Hero' trademark on electric bikes. The plaintiffs sought a permanent injunction against the defendants for passing off and unauthorized use of similar marks. However, the core legal battle revolved around whether the contractual disputes arising from the Family Settlement Agreement (FSA) and Trade Mark and Name Agreement (TMNA) were subject to arbitration.
Chugai Seiyaki Kabushiki Kaisha v.MSN Laboratories Private Limited
The plaintiffs filed a suit seeking an ad interim injunction against MSN Laboratories Private Limited for infringing Indian Patent No. IN 294424, which covers Alectinib or its derivatives. The court allowed the application subject to exceptions, permitting the defendant to use the drug for research purposes under Section 107A of the Patents Act, but prohibiting commercial launch without prior court permission.
Dr.S.Vijaya Bharati (Deceased) v.Mr.T.S.Ramalingam (Deceased)
The suit was filed by Dr.S.Vijaya Bharati (Deceased) against Mr.T.S.Ramalingam (Deceased) and others for infringement of copyright concerning the literary work "Amaran Kadhai". After nearly a decade, the parties entered into a compromise agreement.
Dharmendra Kumar Aggarwal v.Govt. Of Nct Of Delhi Through The Secretary & Anr.
This petition addressed the critical issue of supply and availability of the drug Tocilizumab 400 MG (Actemra) for COVID-19 patients in Delhi. The court examined submissions from Roche India, which indicated that global demand far exceeded current manufacturing capabilities. While Roche mentioned partnerships with other entities to meet demand, they provided no clear assurance regarding further supply to India. Consequently, the court issued detailed directions to both Roche and the Union of India to provide comprehensive affidavits on supply chain status, patent details, and potential alternatives.
The Himalaya Drug Company & Ors v.Ashok Kumar & Ors
The Delhi High Court issued interim protective orders in favor of The Himalaya Drug Company against Ashok Kumar & Ors regarding trademark infringement. The court restrained the defendants from using Himalaya's registered logos, trademarks (including 'Himalaya Pure Herbs'), specific domain names like <himalayawelness.com>, and associated email IDs. Furthermore, the court directed the freezing of certain websites and domain names to prevent further unauthorized capitalization on the plaintiff's goodwill.
B.Vivekananthan v.B.Anandan Trading as Anand's MOONRAKERS RESTAURANT & B.Anandan Trading as Anand's Moonrakers
This Madras High Court case involved a trademark infringement suit filed by B.Vivekananthan against B.Anandan regarding the use of the 'MOONRAKERS' mark in restaurant and hospitality services. The plaintiff sought permanent injunctions for both trademark infringement and passing off, along with delivery up of infringing materials. Ultimately, the parties reached a joint compromise memo on April 30, 2021, which was recorded by the court, leading to a decree based on mutual settlement.
Astrazeneca Ab v.Intas Pharmaceuticals Limited, Alkem Laboratories Ltd., Zydus Healthcare Limited & Anr., Torrent Pharmaceuticals Limited, Micro Labs Limited, MSN Laboratories Private Limited, Eris Lifesciences Limited, USV Private Limited, Ajanta Pharma Limited
This Delhi High Court judgment addresses multiple appeals filed by AstraZeneca seeking interim relief to restrain various pharmaceutical companies from infringing its patents. The core issue revolved around whether AstraZeneca was entitled to an immediate injunction while the underlying suits for permanent injunction were pending. The court ultimately dismissed all nine appeals, finding no merit in the appellants' claims.
Delhi Public School Society v.Deepak Kumar Pal & Ors
The Delhi High Court granted an interim injunction suspending the use of the respondent's registered trademark 'Delhi Public Secondary School.' The petitioner successfully argued that the respondent violated a previous consent decree by registering similar trademarks, leading to public confusion. This order reinforces the court's power to maintain the status quo and protect established goodwill against deceptive practices.
Toasha Agencies And Another v.Siddhant Choudharyand Anr.
The Delhi High Court framed a comprehensive set of issues in the trademark passing-off suit filed by Toasha Agencies against Siddhant Choudhary and others. The core disputes revolve around whether the plaintiffs are lawful proprietors of the 'TOASHA' trade name, if they possess distinctive goodwill, and crucially, whether the defendants have engaged in passing off or unfair competition. The court directed both parties to file their lists of witnesses and evidence, setting the stage for a full trial.
KAIRA DISTRICT COOPERATIVE MILK PRODUCERS UNION LTD & ANR. v.REGISTRAR OF TRADEMARKS & ORS.
The Delhi High Court issued several directions in this trademark dispute involving the 'AMUL' brand. The court allowed an application seeking to implead a specific applicant as a respondent, while simultaneously directing the Registrar of Trademarks to file an affidavit detailing the current status of advertisements related to the mark. This ongoing litigation focuses on clarifying the scope and validity of the registered trademark.
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.
Raaj Unocal Lubricants Limited v.Apple Energy Pvt Ltd & Anr.
This Delhi High Court judgment addressed a dispute concerning the trademarks 'UNOCAL' and related products. The plaintiff, Raaj Unocal Lubricants Limited, had previously obtained an ad interim anti-suit injunction restraining the defendants from proceeding with litigation in the United States. However, the court ultimately allowed the vacation of this injunction. The ruling emphasized that Indian courts should not restrain parties from seeking protection against perceived infringement in foreign jurisdictions unless those proceedings are oppressive or vexatious to the domestic case.
Dimple Madhulal Bhatia v.Union Of India & Anr.
The Delhi High Court addressed a writ petition filed by Dimple Madhulal Bhatia against the Union of India regarding delays in processing trademark applications. The petitioner sought an urgent direction for the Registrar of Trademarks to schedule hearings and expedite the examination of her pending trademarks. While the respondent argued that matters were being processed according to seniority, the court intervened, directing the concerned authority to deal with the petitioner's applications preferably within four months.
Sandeep Pandey v.Union Of India And 4 Others
The petitioner filed a PIL seeking directions for the vaccination of citizens between the ages of 18 and 45, and also sought directions under the Patents Act, 1970, to acquire necessary patents for vaccine manufacturing. The court dismissed the petition as the issue was pending before the Apex Court.
Allergan, Inc. v.The Registrar Of Trade Marks
Allergan, Inc. challenged the Registrar of Trade Marks' refusal to register its trademark in the Delhi High Court. The court initiated proceedings by issuing notice to the Registrar, allowing the defendant two weeks to file a response. This order sets the stage for a substantive hearing on whether Allergan meets the criteria for trademark registration.
Syncom Formulations (I) Ltd v.Cratus Pharma Limited
Syncom Formulations (I) Ltd filed a Commercial IP Suit against Cratus Pharma Limited alleging infringement of its registered trade marks ("CRATUS" and "CRATUS LIFE CARE"). The parties subsequently reached an amicable settlement, which was accepted by the court.
Yuvi Aspiring Pvt. Ltd. v.Manish Sharma And Anr
The Delhi High Court formally accepted a tripartite Memorandum of Understanding (MoU) between Yuvi Aspiring Pvt. Ltd., Manish Sharma, and Unifique Hospitality International Pvt. Ltd. The court decreed the suit based on this settlement, which involved the transfer of the registered trademark 'The Drunken Botanist' from Manish Sharma to the third party for a consideration of Rs. 5,00,000/-. Crucially, the settlement also included a waiver by the first party of all future claims related to the trademark.
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.
Unilever Plc v.Sovereign Chemicals And Cosmetics
The dispute involved allegations that the Defendant was illicitly using the Plaintiff's statutory and common law rights, including trademarks, trade dress, and copyright in label artwork. The Defendant claimed a license from a proprietor in Saudi Arabia.
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