IP Cases — 2021
423 decisions across all jurisdictions
Page 8 of 15 · 423 total
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.
G4S Limited & Anr. v.S4S Security Services & Ors.
The Delhi High Court addressed the suit filed by G4S Limited against S4S Security Services, which alleged trademark infringement, passing off, and unfair competition. The court noted that G4S holds valid registrations for its marks, including 'G4S'. After considering the allegations of deceptive similarity in the defendant's use of 'S4S', the Court issued notice to the defendants and granted an interim restraint order against them pending further proceedings.
C.Prakash v.S.N. Media
C.Prakash appealed an order that vacated an initial injunction granted in his favour against S.N. Media. The dispute centered on whether C.Prakash's assignment of digital dubbing rights for films 'Chingari' and 'Shrikanta' was invalid because the first defendant claimed non-payment of consideration. The court held that copyright assignment does not require payment of consideration to be valid.
Seedsmen Association v.Government Of Andhra Pradesh
The appeal challenged an order passed in a Writ Petition concerning a Government Order that fixed the reasonable trait value/royalty for cotton seeds. The court considered arguments regarding the prejudice to the petitioners if the order was suspended, particularly its effect on pending arbitral disputes.
M/s.Kaleesuwari Refinery Private Limited v.M/s.Amman Trader
This Madras High Court judgment addressed a trademark dispute where M/s.Kaleesuwari Refinery Private Limited sought permanent injunctions against M/s.Amman Trader for infringing its registered mark 'DHEEPAM' by using 'SRI DEEPAM' on edible oil products, and for passing off inferior goods as the plaintiff's. The parties ultimately reached a Joint Compromise Memo, which was accepted and decreed by the court. This settlement ensures that the defendant will cease all infringing activities related to the plaintiff's brand.
H. Lundbeck A/S v.Hetero Drugs Limited
The dispute involves H. Lundbeck A/S challenging Hetero Drugs Limited's export activities, which are claimed by the defendants to be permissible under Section 107A of the Patents Act for R&D purposes. The court issued an interim order allowing the defendants to continue exports to seven specified entities while addressing objections raised by the plaintiff.
B4U Television Network India Limited v.Jay Shree Praveen Enterprises And Ors
The Bombay High Court addressed an Interim Application filed by B4U Television Network India Limited concerning the pending Commercial IP Suit. The court noted that some defendants had not yet been served and directed the plaintiff to complete service at the earliest.
Bridgestone Corporation v.Controller General Of Patents Designs & Trademarks & Anr
The Delhi High Court issued an interim order in the matter of Bridgestone Corporation versus Controller General Of Patents Designs & Trademarks. The court directed both parties to prepare and exchange short notes detailing their submissions and to compile relevant judicial precedents for consideration. This procedural step moves the case closer to final disposal, which is scheduled for February 2, 2022.
Astrazeneca Pharma India Limited v.The National Pharmaceutical Pricing Authority & Ors.
Astrazeneca challenged several orders and notifications issued by NPPA regarding overcharging on its drug, OSIMERTINIB (TAGRISSO). The petitioner argued that the drug is patented and qualifies for a five-year exemption from price controls under DPCO, 2013. The Court directed NPPA to reconsider the matter afresh after taking into account the data supplied by the petitioner.
Gujarat Cooperative Milk Marketing Federation Ltd & Anr. v.Rishabh Kaushal & Ors.
The Delhi High Court addressed a trademark infringement suit filed by Gujarat Cooperative Milk Marketing Federation Ltd concerning the misuse of its 'AMUL' brand on social media. While initial injunctions were granted, the court examined the claims for damages against Defendants No. 1 and No. 4. Recognizing that both defendants had taken remedial steps, including removing the infringing content, the Court dismissed the claim for damages due to a lack of evidence of loss suffered by the Plaintiffs. Consequently, the suit was closed against these two defendants, while proceedings remain pending against Defendant No. 5.
Sony Interactive Entertainment Europe v.Union Of India And Ors
Sony Interactive Entertainment Europe challenged the refusal of its trademark registration by the Registrar of Trademarks. The Delhi High Court disposed of the writ petition, directing the Registrar to treat the matter as a representation and reconsider the registration issue. This interim order allows Sony to address the concerns raised under Section 9 of the Trademarks Act without immediately litigating the merits in court.
Pcm Stresscon Overseas Ventures v.Patil Rail Infrastructure Private
The plaintiffs seek an injunction against the defendant for allegedly infringing their technology and making threats regarding Patent No. 219099. The defendant agreed not to communicate against the plaintiffs during the pendency of the suit.
Sun Pharmaeutical Industries Limited v.Indkus Nexa
Sun Pharmaeutical Industries Limited filed a civil suit against Indkus Nexa and Indo Himalaiyan Herbs Inc. alleging infringement of its registered trademark VOLINI, copyright violation in its packaging art, and passing off due to the use of 'VOLINEX'. The plaintiff sought permanent injunctions and damages. Ultimately, the dispute was resolved through a memorandum of compromise signed by both parties.
Unilever PLC v.Sovereign Chemicals & Cosmetics
Unilever PLC filed an IP suit against Sovereign Chemicals & Cosmetics alleging infringement of its trademark, copyright, and common law rights related to product labeling and trade dress. The defendant claimed they were operating under a license in Saudi Arabia. The court found the use illicit but allowed the defendant to proceed by accepting their submission regarding the prayer clause.
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.
Communication Components Antenna Inc. v.Mobi Antenna Technologies (Shenzhen) Co. Ltd.
This litigation involves Communication Components Antenna Inc. challenging Mobi Antenna Technologies (Shenzhen) Co. Ltd.'s alleged infringement of Indian Patent No. IN240893, which relates to 'Asymmetrical Beams for Spectrum Efficiency' in wireless communication systems. The core dispute revolves around the validity of this patent, as raised by the defendant through a counterclaim. While the court analyzed grounds of revocation under Sections 64(d), (e), and (f) of the Patents Act, 1970, it ultimately decided to list the suit for further consideration, indicating that the matter remains unresolved.
Jolen Inc. v.Shobanlal Jain
This case involved Jolen Inc. filing multiple suits against various defendants, including Shobanlal Jain, alleging infringement of its trademarks (JOLEN) and copyright in the artistic work and trade dress of its crème bleach packaging. The plaintiffs sought permanent injunctions, rendition of accounts, and damages due to passing off and unauthorized use of similar marks and designs. However, the court ultimately dismissed both suits for non-prosecution, as the plaintiff failed to respond to communications regarding the continuation of the litigation.
H. Lundbeck A/S v.Hetero Drugs Limited
The suit sought an injunction against Hetero Drugs Limited concerning Indian Patent 227963 for Vortioxetine Hydrobromide. The parties reached a settlement regarding IA No. 2333/2021, allowing the defendant to export products under Section 107A of the Patents Act, provided strict conditions are met.
Vidya Mandir Classes Ltd. v.Wefrew Educations P. Ltd.
The Delhi High Court granted an interim injunction in favor of Vidya Mandir Classes Ltd. against Wefrew Educations P. Ltd., finding that Vidya Mandir had a prima facie case regarding the unauthorized use of its trademarks and proprietary course materials. The court observed that Wefrew was allegedly using these assets while simultaneously claiming disassociation, causing potential irreparable harm to the petitioner. Consequently, Wefrew was immediately restrained from using any material or marks associated with Vidya Mandir Classes.
M/S. Blue Heaven Cosmetics Pvt. Ltd. v.Shivani Cosmetics Through Its Partners Vinod Monga and Nishant Monga
The Delhi High Court granted an interim injunction in favor of M/S. Blue Heaven Cosmetics Pvt. Ltd. against Shivani Cosmetics. The court found prima facie evidence suggesting that the defendant was copying not only the registered trademark but also the trade dress, copyright, writing style, and overall packaging of the plaintiff's 'BLUE HEAVEN GsET BOLD' eyeliner product. This crucial order protects the plaintiff's goodwill while the full trial proceeds.
Anuj Singhal v.Anupreet Kaur
This Delhi High Court case involving a trademark dispute between Anuj Singhal and Anupreet Kaur was successfully settled through mediation. The settlement agreement mandates that the respondent cease using specific trademarks, including 'NANDINI BLACK SALT,' and refrain from copying the petitioner's packaging and color schemes. Furthermore, the respondent agreed to withdraw all related trademark applications, leading the court to dispose of the suit in terms of the binding agreement.
M/s Bharat Salt Company v.M/s Bhagyalaxmi Brinechem Pvt Ltd
M/s Bharat Salt Company filed a suit against M/s Bhagyalaxmi Brinechem Pvt Ltd seeking injunction and enforcement of its rights under the Patent Act, 1970. The defendant challenged the plaint by arguing that the plaintiff firm was unregistered, making the suit non-maintainable under Section 69(2) of the Indian Partnership Act, 1932. However, the High Court dismissed this plea, noting that the firm was subsequently found to be registered and citing Supreme Court precedents which held that the bar under Section 69(2) does not apply to IP infringement suits.
The Foundry Visionmongers Limited v.Mesmor Studio Private Limited
The Foundry Visionmongers Limited filed a suit against Mesmor Studio Private Limited alleging rampant piracy and unauthorized use of its specialized animation software, including NUKE, NUKE X, and NUKE STUDIO. The plaintiff asserted ownership of copyright in these 'Computing Programs,' which are integral to the film and television industry's visual effects. Based on technical evidence showing 5059 infringement hits across at least 36 computer systems, the court found a prima facie case for the plaintiff.
Leeds Hr Solution v.The Controller General of Patents
Leeds Hr Solution challenged the delay in refunding a sum of Rs. 17,500 related to its trademark application under Rule 38(3) of the Trademarks Rules. The petitioner argued that the examination report should have been issued within three months of filing. However, the Madras High Court dismissed the writ petition after noting that the third respondent had already submitted the required examination report on December 2, 2011. Consequently, the court held that no further action was necessary from the respondents.
M/S Blue Heaven Cosmetics Private Limited. v.Deepak Arora & Anr.
The Delhi High Court ruled in favor of M/S Blue Heaven Cosmetics, ordering the cancellation and rectification of a conflicting trademark registered by Deepak Arora ('MARC HEAVEN'). The court found that 'MARC HEAVEN' was deceptively similar to the Petitioner's established mark 'BLUE HEAVEN,' particularly due to the appropriation of the dominant feature 'Heaven.' Citing Sections 9 and 11 of the Trade Marks Act, the judgment held that the Respondent's registration lacked distinctive character and caused public confusion.
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.
Ten Xc Wireless Inc & Anr v.Mobi Antenna Technologies(Shenzhen) Co Ltd
The Delhi High Court passed an order addressing an interim relief application and framing an additional issue regarding the validity of a patent. The core dispute involves whether Patent Number IN 240893 is liable for revocation under specific sections of the Patents Act, 1970.
Merck Sharp And Dohme Corp v.Yms Laboratories Private Limited
The plaintiffs allege that the defendant is infringing their Indian Patent No. 209816 related to SITAGLIPTIN. They seek an injunction to prevent the defendant from manufacturing or selling infringing products.
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.
M/S Blue Heaven Cosmetics Private Limited v.Midie Cosmetics Through Its Proprietor Sh Tilak Raj & Anr.
M/S Blue Heaven Cosmetics Private Limited filed a petition before the Delhi High Court seeking the cancellation or rectification of the trademark 'BLUEHEART' (No. 3388032) registered in Class-03. The court issued notice to the defendants, Midie Cosmetics, setting a date for them to complete their pleadings and proceed with the matter.
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