IP Cases — 2021
423 decisions across all jurisdictions
Page 7 of 15 · 423 total
AMPM Designs Thr. Partner Akash Mehta v.Intellectual Property Appellate Board (Mumbai Bench)
The Bombay High Court allowed a writ petition filed by AMPM Designs, quashing an Intellectual Property Appellate Board (IPAB) order that sought to remove its registered trade mark 'AMPM Designs' from the register. The court found that the IPAB erred in law and fact, specifically by failing to consider binding Supreme Court precedents regarding rectification applications. Crucially, the High Court determined that the petitioner's business (interior design services) was materially distinct from the respondent's primary business (fashion apparels), thus negating any likelihood of consumer confusion.
Franco-Indian Pharmaceuticals Pvt Ltd v.Nutramarck Lifesciences Pvt Ltd
This interim application was filed regarding a trademark dispute between Franco-Indian Pharmaceuticals Pvt Ltd and Nutramarck Lifesciences Pvt Ltd. The defendant, through its director Mr Abhinav, stated that they had stopped manufacturing products with the impugned mark IMMULIV and would remove them from e-commerce websites within two weeks.
Gopal Krishan S/O. Sh. Mangat Rai v.The Registrar Of Trade Marks (Govt. Of India)
This writ petition was filed by Gopal Krishan seeking a direction from the High Court to expedite the registration of his trademark 'PANTHER' in Class 5. The petitioner highlighted that the application had been pending for an extended period since 2015. The court issued notices to the respondents, setting a timeline of six weeks for the matter to be returned, thereby moving the case forward.
Mahesh Edible Oil Industries Limited v.Mahesh Edible Oils Products Private Limited
The Delhi High Court issued a significant order addressing trademark disputes among related entities in the edible oil industry. The court affirmed that the 'SALONI' trademark belongs exclusively to Mahesh Edible Oil Industries Ltd., preventing individual brothers from claiming it. However, the ruling allows the family members freedom to operate their own businesses, provided they do not use marks or trade dresses deceptively similar to 'SALONI'. This order sets a clear boundary for internal corporate IP rights while allowing independent commercial activity.
Nuziveedu Seeds Limited v.Rallis India Ltdl.
Nuziveedu Seeds Limited challenged an Arbitral Award dated 30.3.2009 under Section 34 of the Arbitration & Conciliation Act, 1996. The dispute centered on a contract for developing transgenic cotton lines ('Suraksha') and the failure to deliver specific genes (Cry-IC standalone). Nuziveedu Seeds sought to set aside parts of the award regarding damages and deliverables.
Telefonaktiebolaget Lm Ericsson (Pub) v.The Controller of Patents and Designs and Ors.
The appeal was filed by Telefonaktiebolaget Lm Ericsson against the Assistant Controller's refusal to grant a patent. The court found that there had been a violation of the principle of natural justice, specifically regarding the lack of opportunity for the appellant to deal with fresh objections.
Bristol Myers Squibb Holdings Ireland Unlimited Company v.Triveni Interchem Private Limited
The plaintiffs filed a suit seeking an ad interim injunction against the defendants for dealing in generic Apixaban product that infringes Indian Patent No. 247381. The court, relying on previous orders regarding the same patent, passed an ex-parte ad-interim injunction restraining the defendants from manufacturing, selling, or distributing the infringing generic product.
The Goodyear Tire And Rubber Company and Goodyear India Ltd. v.Deva Nand Sukhia
The Delhi High Court addressed a trademark dispute where Goodyear sought an injunction against Deva Nand Sukhia for using the 'GOOD YEAR' mark in relation to lubricants and greases. The court affirmed that 'GOOD YEAR' is a well-known mark, granting an interim injunction restraining its use across various goods. Although the Plaintiff initially sought damages, they agreed not to press this relief after the Defendant tendered an apology, resulting in the decree being passed with costs imposed on the defendant.
Merck Sharp And Dohme Corp v.Indilina Pharmaceuticals
Merck Sharp & Dohme Corp (Plaintiff) filed a suit seeking an injunction against Indilina Pharmaceuticals (Defendant) for infringing their patent (IN'816) covering the compound Sitagliptin. The Plaintiffs alleged that the Defendant was offering tablets of Sitagliptin for sale in tenders. The Court granted interim relief restraining the Defendant from any infringing activities and directed disclosure of profits.
Fmc Corporation v.Natco Pharma Limited
FMC Corporation filed suits alleging infringement by Natco Pharma Limited regarding the product Chlorantraniliprole (CTPR), protected under Indian Patents IN 307 and IN 332. The core dispute revolved around whether these specific patents remained valid, especially since CTPR was covered by an expired genus patent (IN 978). While FMC argued for a permanent injunction against the launch of CTPR, Natco contended that the validity of the suit patents was questionable due to the prior coverage by IN 978. The court disposed of the interim applications but scheduled further hearings to conclude the complex arguments on the merits.
R.Venkitapathy v.Kaalaimalar Publications (P) Ltd.
This case involved a dispute filed by R.Venkitapathy against Kaalaimalar Publications (P) Ltd., alleging infringement of trade marks ('DINA MALAR') and copyright in stylized lettering and associated devices. The plaintiff sought perpetual injunctions to prevent deceptive similarity and passing off. However, the court ultimately dismissed the suit due to non-prosecution by the plaintiff.
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.
Natco Pharma Limited v.Union Of India & Ors.
Natco Pharma Limited filed a writ petition challenging the procedural approach of the Patent Controller, arguing that its application for cross-examination of expert witnesses had not been decided. The court observed the long pendency and directed the Controller to first dispose of Natco's cross-examination application before proceeding with the merits of Novartis' patent application.
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.
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.
Liberty Oil Mills Limited v.N. M. Oil Enterprises
The petitioner, Liberty Oil Mills Limited, filed an interim application regarding a Commercial IP Suit. The court noted that the initial service of notice was insufficient as it did not specify a particular date for the ad-interim hearing. Consequently, the Court issued an order setting a specific date and requiring the plaintiff to provide detailed notice.
Lucas Tvs Limited v.Surya Carbons
Lucas Tvs Limited filed a suit against Surya Carbons and other entities alleging multiple infringements. The plaintiffs claimed that the defendants were infringing their registered trademarks (LION, DEVICE OF LION) and committing copyright violations through the use of deceptively similar branding and slavish imitation of distinctive packaging for auto electrical parts. Despite the detailed claims seeking injunctions and damages, the plaintiffs ultimately decided to withdraw the suit before a final judgment was passed.
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.
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.
El Baik Food Systems Co. S.A. v.Arsalan Wahid Gilkar & Anr.
The Delhi High Court granted an ad interim injunction in favor of El Baik Food Systems Co. S.A., a popular restaurant chain, against defendants accused of trademark infringement and copyright violation. The court found that the defendants were using the 'ALBAIK' trademarks and logos to fraudulently offer unauthorized franchises across India. Recognizing both the trademark rights and the artistic nature of the logos, the judge restrained the defendants from using any deceptively similar marks or offering fake franchise opportunities until the final hearing.
M/S Reflect Sculpt Private Ltd. v.Musky Couture
The Delhi High Court allowed M/S Reflect Sculpt Private Ltd. to proceed with its suit against Musky Couture, which alleges infringement of the 'GAURAV GUPTA' trademark and copyright in unique artistic garments. The Plaintiff detailed how the Defendant was allegedly manufacturing and selling identical, low-budget imitations while falsely claiming association with the original designer. Crucially, the Court issued a significant interim order allowing a Local Commissioner to conduct a search and seizure of the Defendant's premises in Mumbai to gather evidence of infringement.
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.
Hindustan Unilever Limited v.Greypixy Udyog
The Bombay High Court disposed of a Commercial IP Suit between Hindustan Unilever Limited and Greypixy Udyog. The parties reached a settlement, with the Defendants agreeing to submit to the decree in terms of the plaint's prayer clauses.
Dr.Reddys Laboratories Limited v.West-Coast Pharmaceutical Works Ltd.
In this trademark infringement suit concerning Omeprazole capsules, the Delhi High Court addressed a request for ex parte ad interim relief. While the plaintiff presented an arguable case regarding the deceptive similarity between 'OMEZ' and 'OMES', the court ultimately refused immediate injunction. The judge emphasized that mere prima facie evidence is insufficient; the balance of convenience, irreparable loss, and public interest must be weighed, leading to a decision to allow the defendant a chance to respond.
M/s.Kaleesuwari Refinery Private Limited v.M/s.Uma Maheshvari Agro Tech
M/s. Kaleesuwari Refinery Private Limited filed a suit against M/s. Uma Maheshvari Agro Tech alleging infringement and passing off related to their edible oil products. The plaintiff claimed that the defendant was using deceptively similar marks ('113 GOLD COINS') and trade dress, infringing both the registered trademark 'Gold Winner' and the associated copyright in the packaging art. Although the suit involved multiple claims for injunctions and account of profits, the parties ultimately reached an amicable compromise.
Cutis Biotech Thr.Its Sole Prop. v.Serum Institute of India Private
This Bombay High Court appeal addressed a dispute over the trademark 'Covishield' between Cutis Biotech and Serum Institute of India. Although both parties had pending applications for the mark, Cutis Biotech sought an interim injunction based on passing off. The court ultimately dismissed the appeal, finding that the balance of convenience did not favor the appellant, especially given the critical public health role of the 'Covishield' vaccine in ongoing vaccination drives.
M/s RSPL Health Private Limited v.Gian Soap Factory
The plaintiff, M/s RSPL Health Private Limited, filed a suit seeking permanent injunction against Gian Soap Factory for infringing its registered trademark 'XPERT' and engaging in passing off. The defendant adopted the deceptively similar mark 'GIAN'S 729 EXPERT' for manufacturing and marketing cleaning materials like soaps and detergents. The court found that the defendant infringed upon the plaintiff's proprietary rights, granting permanent injunction and awarding damages.
Diva Enterprises (P) Ltd v.Institute Of Medico Legal Publication (P) Ltd.
The appeal challenged the dismissal of the appellant's application under Section 8 of the Arbitration and Conciliation Act. The appellant argued that the contractual dispute, seeking damages and injunction, was arbitrable. However, the High Court held that since the reliefs sought were primarily based upon Intellectual Property Rights (IPR), the dispute was non-arbitrable.
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.
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.
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