IP Cases — 2021
370 decisions across all jurisdictions
Page 7 of 13 · 370 total
ICEBERG WALNUT FOODS (I) Pvt Ltd. v.Iceberg Icecreams Regus, Tower D, Rmz Infinity, Old Madras Road, Bangalore – 560016
This case involved a civil suit filed by Iceberg Walnut Foods Pvt Ltd. alleging infringement and passing off related to the trademark 'ICEBERG'. The plaintiff sought permanent injunctions against the defendant, claiming unauthorized use of their registered mark and artistic work. However, during the proceedings, it was revealed that the actual registered proprietor of the relevant trademark ('ICEBERG ICECREAM') was M/s. Anjani Diary Foods Private Limited, not the named sole defendant. Consequently, the court dismissed the suit for proceeding against a wrong person.
Castrol Limited v.Goel Traders
This case involved Castrol Limited filing a suit against Goel Traders alleging trademark infringement, passing off, and copyright violation related to the use of similar graphic labels and color schemes on their gear oil packaging. The plaintiffs sought permanent injunctions and damages for unauthorized use of their brand identity. However, before the court could rule on the merits, the plaintiff chose to withdraw the suit.
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.
Abhishek Kumar v.Union Of India Through Registrar Of Copyrights & Ors.
Abhishek Kumar filed a petition under Section 50 of the Copyright Act seeking to expunge the copyright registration of the 'Turbo Plus' label, which was registered as an artistic work. The petitioner also sought the suspension of this registration's effect to protect against potential infringement threats. Given the ongoing proceedings before the Trademark Registry regarding the cancellation of a search certificate, the court renotified the matter for further hearing.
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.
Moonshine Technology Private Limited v.Tictok Skill Games Private Limited & Ors.
The Delhi High Court granted an ex-parte interim injunction in favor of Moonshine Technology Private Limited (Baazi Group) against Tictok Skill Games Private Limited. The court found that the defendant was attempting to piggyback on the goodwill and reputation of Baazi by using confusingly similar marks, such as 'WinZo Baazi'. Given the plaintiff's established presence and registered trademarks in the gaming industry, the court ruled that this usage amounted to infringement and passing off, directing the defendants to immediately cease all use of the infringing brand.
Merck Sharp And Dohme Corp. v.Sms Pharmaceuticals Limited
Merck Sharp And Dohme Corp. filed a suit seeking an injunction against Sms Pharmaceuticals Limited for infringing its patent on Sitagliptin, an anti-diabetic drug. The court initially granted an ex-parte ad interim injunction in favor of Merck. However, upon considering the defendant's request under Section 107A (Bolar exemption), the court modified the injunction to allow limited export of the API for research and development purposes.
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.
Kent Ro Systems Pvt Ltd v.Pushpendra Yadav
Kent Ro Systems Pvt Ltd filed a suit alleging that Defendant No. 1's product infringes its registered design for a water purifier. The plaintiff asserted that the shape and configuration of the defendant's product imitated their protected design, citing Section 22 of the Designs Act, 2000. The defense challenged this claim, arguing that novelty resided only in specific portions of the design. To properly assess the complex issue of design infringement, the court permitted both parties to submit comparative charts detailing the similarities and differences between the designs.
Amit Kumar Mishra v.State Of U.P. And 2 Others
The Allahabad High Court dismissed a writ petition filed by Amit Kumar Mishra regarding alleged large-scale trademark violation. The petitioner sought an omnibus direction from the State authorities to prohibit unauthorized use of his trademark. However, the court held that such broad directives are inappropriate and directed the petitioner to identify specific violators and pursue civil or criminal proceedings against them.
Pepsico Inc. v.Parle Agro Private Limited
The Delhi High Court addressed several interlocutory applications in the trademark dispute between Pepsico Inc. and Parle Agro Private Limited. The court granted certain exemptions while noting that the defendant intended to file an application seeking rectification under Section 124 of the Trademarks Act. The matter was subsequently renotified for further hearing on August 5, 2021.
Dhanavilas Madras Snuff Company v.S.Muthazhagu Proprietor M.M.Snuff Company
Dhanavilas Madras Snuff Company filed a civil suit against S.Muthazhagu Proprietor M.M.Snuff Company alleging multiple infringements, including trademark misuse and copyright violation concerning the design of snuff pouches. The plaintiff sought permanent injunctions to stop the use of similar marks and artistic designs. Ultimately, the parties reached a compromise, leading the Madras High Court to decree the suit based on the terms of the Memo of Compromise.
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.
FMC Corporation v.Natco Pharma Limited
FMC Corporation filed applications seeking interim injunction against Natco Pharma Limited and Best Crop Science LLP for allegedly infringing its patents related to Chlorantraniliprole (CTPR). The court examined claims of infringement and challenges to the validity of the patents. Ultimately, the Delhi High Court allowed the interim injunctions, emphasizing that in patent infringement cases involving agrochemicals, public interest dictates preventing the perpetuation of an invention that is prima facie infringing.
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.
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.
Frankfinn Aviation Services Private Limited v.Fly High Institute & Ors.
The Delhi High Court granted an ex parte ad interim injunction in favor of Frankfinn Aviation Services against Fly High Institute & Ors. The court found a prima facie case of trademark infringement, noting that the plaintiff holds a registered mark 'FLY HIGH' and claims extensive usage rights. Consequently, the defendants were restrained from using the infringing names or registering similar domain names until further hearing.
Hindustan Unilever Limited v.Shri Mahaveer Jain Industries
Hindustan Unilever Limited filed a suit against Shri Mahaveer Jain Industries alleging infringement of its distinctive original artwork, 'Elle 18 face,' used on nail polish packaging. The dispute centered on the defendant's use of similar artistic designs and potential passing off. Both parties amicably settled the matter before the Bombay High Court.
Yasmin Khalique And Ors. v.Mukhtar Alam
This Calcutta High Court judgment addresses an appeal concerning a partnership dissolution and the associated registered trademark, 'Musa ka gul'. While the core dispute involves the validity of the arbitration award dissolving the firm, the court specifically addressed the use of the valuable trademark. The court clarified that ownership rights are not its immediate concern but issued a crucial interim order preventing either party from transferring or assigning any rights related to the mark until the appeal is finally decided.
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'.
Rpg Enterprises Limited v.RPG Location Through Rajendra Gupta
The suit involved Rpg Enterprises Limited alleging passing off against RPG Location. The defendant, Rajendra Gupta, stated he had no intention to infringe and 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.
Tata Sons Private Limited & Anr. v.M/S Electro International & Ors.
The Delhi High Court granted an interim injunction in favor of Tata Sons Private Limited and its affiliates against a defendant operating the domain www.tatacliqsmart.com. The plaintiffs alleged that the defendant was infringing on their registered trademark 'TATA' and associated e-commerce brand, tatacliq.com, by using a similar name to sell products, including those belonging to the Tata Group. The court found sufficient grounds to grant the injunction, noting the apparent link between the defendant's activities and the plaintiffs' intellectual property rights.
M/s.Allied Business Solutions Private Limited v.M/s.Avan-Tec Medical Systems (P) Ltd
M/s. Allied Business Solutions Private Limited filed a suit against M/s. Avan-Tec Medical Systems (P) Ltd, alleging infringement of its copyrighted computer software 'MEDIVEIW' and associated trademarks. The plaintiff sought permanent injunctions, damages, and surrender of infringing materials. However, the plaintiff subsequently informed the court that the defendants were no longer using the program and requested to withdraw the suit.
Mrs.S.Radharani Prop. of Sadharani Tex (represented by Mr.S.Sadhasivam) v.Master Lungies
This suit involved a claim by Sadharani Tex against Master Lungies for infringement of trademark and copyright related to the 'KABUTTAR CHAAP label' used on lungies. The plaintiff sought permanent injunctions, damages, and an accounting of profits due to alleged passing off and unauthorized use of the artistic work. However, during the proceedings, the plaintiff was unable to provide instructions regarding whether the defendants were actively continuing the infringement after an interim order had been issued.
Emami Limited v.Hindustan Unilever Limited
In a trademark dispute concerning the use of 'Handsome' and 'Glow and Handsome,' Emami Limited sought an injunction against Hindustan Unilever Limited (HUL) in the Calcutta High Court. However, Emami decided to withdraw its current application (GA No.3/2021), stating that it had filed a substantially similar application earlier (GA No.2/2020). The court granted leave for withdrawal and directed that the original, pending application (GA No.2/2020) be taken up for hearing on July 5, 2021.
Willowood Chemicals Pvt Ltd v.Indo-Swiss Chemicals Ltd & Anr.
The defendants filed an application seeking permission from the court to sell their existing stock of a fungicidal composition, which was previously restrained by an ex-parte injunction. The plaintiff strongly opposed this request, arguing that the defendants had continued manufacturing and selling the infringing product despite being aware of the patent rights and prior objections. The court dismissed the application.
Pidilite Industries Limited v.Q-Chem Sealers Pvt Ltd
Pidilite Industries Ltd filed a suit seeking protection against infringement and passing off concerning its various marks, labels, and the unique design of its DR FIXIT storage containers. The court addressed an interim application regarding service of notice and combined the causes of action.
Franco Indian Pharmaceuticals Pvt Ltd v.Healthyraj Wellness Enterprises & Anr
The Plaintiff, a pharmaceutical company, sought an interim injunction against the Defendants for using the competing mark DIABIT. The court found that the Defendants' mark was structurally, visually, and phonetically almost indistinguishable from the Plaintiff's registered mark DIAVIT, leading to a significant likelihood of confusion.
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.
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