IP Cases — 2021
423 decisions across all jurisdictions
Page 9 of 15 · 423 total
Indiyaa Distribution Network Llp v.P Singh & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Indiyaa Distribution Network Llp against P Singh & Ors. The Plaintiff, a prior user of the Ayurvedic joint pain relief oil 'SANDHI SUDHA', successfully argued that the Defendants' use of similar marks and imitation of packaging constituted passing off and copyright infringement. The court recognized the Plaintiff's established market presence and sales history to protect consumers from potential confusion.
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.
Krown Biscuit Private Limited v.Richfield Industries Private Limited
Krown Biscuit Private Limited filed a suit against Richfield Industries Private Limited alleging trademark infringement, copyright violation, and passing off. The plaintiffs claimed that the defendant was using the deceptively similar mark 'WHITE MAGIK' and associated trade dress for biscuits, confusing consumers who were familiar with the plaintiff's established brand, 'BLACK MAGIC.' Based on the prima facie case presented by the plaintiffs regarding the similarity of the marks and packaging, the court granted an interim injunction.
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.
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.
Communication Components Antenna Inc. v.Mobi Antenna Technologies (Shenzhen) Co. Ltd. & Ors.
The appeal challenged a single judge's judgment that invalidated the Appellant's patent IN240893 under Sections 64(1)(h) and (k) of the Patents Act, 1970. The High Court held that since no issues were framed regarding these specific grounds for revocation, the learned Single Judge could not have entertained them.
Hindustan Unilever Limited v.Greypixy Udyog
The Bombay High Court disposed of the Commercial IP Suit (L) No. 3761 of 2021 after both parties reached a settlement. The Defendants agreed to submit to a decree based on the plaint's prayer clauses, and the Plaintiffs waived their claim for damages.
Indcon Structurals Pvt. Ltd. v.Beton Tile Company, Iqbal, Nazmuddin, Mr. Huzaiffa Zoeb, Mrs. Bani Mufaddal, Mr. Kuzema Zainuddin, Indian Ceramic Company, Ali Akbar
The plaintiff, Indcon Structurals Pvt. Ltd., filed an appeal against a trial court judgment after losing a suit for permanent injunction and rendition of accounts. The suit alleged that the defendants were passing off their imitation tiles under the name 'Diana', confusing the public regarding the plaintiff's unique tile 'MONALISA'.
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.
Kanjibhai Ishwarbhai Patel & Ors. v.Jafar Ali
This appeal was filed by Kanjibhai Ishwarbhai Patel & Ors. challenging an ex parte ad-interim injunction granted by the Commercial Court in a suit for patent infringement. The appellants argued that the Commercial Court had incorrectly applied parameters suitable for trademark infringement, constituting a jurisdictional error. They also raised concerns regarding procedural lapses and prior litigation history which prejudiced their case. Despite finding merit in the contentions, the High Court decided to allow the matter to proceed before the Commercial Court to ensure a fair hearing on the interim relief application.
Sun Pharmaceuticals Industries Ltd v.Union Of India & Ors.
Sun Pharmaceuticals Industries Ltd filed a writ petition seeking directions for the expeditious disposal of opposition proceedings against Patent No. 257402, which was granted to Novo Nordisk A/S. The court addressed the procedural delay and directed the respondents to furnish the Opposition Board's recommendations within one week, subsequently rescheduling the hearing.
Sony Music Entertainment India Pvt. Ltd v.S.Khaja Mohideen
The appeals arose out of common final interlocutory orders concerning two actions for copyright infringement. The first suit involved musical works in 17 films, while the second concerned music from the film 'Citizen'. The court addressed issues related to prima facie case and balance of convenience before granting interim relief.
Macleods Pharmaceuticals Limited v.M/S Skynet Placements & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Macleods Pharmaceuticals Limited against M/S Skynet Placements & Ors. The court found a prima facie case that the defendants were using the plaintiff's registered trademark 'MACLEODS' for deceptive purposes, specifically related to fake job offers. Consequently, the defendants were restrained from promoting or offering services under the mark, and banks were directed to freeze specific accounts linked to the alleged fraudulent activity.
Hindustan Unilever Ltd v.Greypixy Udyog
The Commercial IP Suit filed by Hindustan Unilever Ltd against Greypixy Udyog was settled on April 21, 2021. The parties agreed to a decree based on the plaint's prayer clauses, leading to the disposal of the suit.
Bajaj Auto Limited v.M/S Yc Electric Vehicle & Ors.
In this ongoing trademark dispute, Bajaj Auto Limited sought compliance regarding the use of its 'CHETAK' brand. The Delhi High Court noted that the defendants claimed no E-rickshaws under the 'CHETAK' trademark had been sold since a previous interim order was issued. Consequently, the court directed the defendants to file an affidavit addressing these claims within three weeks, keeping the litigation moving forward.
H. Lundbeck A/S v.Hetero Drugs Limited
H. Lundbeck A/S filed a suit against Hetero Drugs Limited regarding alleged infringement of Patent IN227963, which covers Vortioxetine Hydrobromide. During the hearing, the defendants asserted that they were not commercially launching any product and were using the substance solely for regulatory and R&D purposes.
Vimal Dairy Limited v.Gujarat Tea Depot Company
The Gujarat High Court upheld the interim injunction granted in favor of Gujarat Tea Depot Company against Vimal Dairy Limited. The court found that allowing Vimal Dairy to market its product could cause confusion among the public due to substantial similarities between the brands and labels, despite differences in trade products. This decision reinforces the principle that courts must look at prima facie similarity to prevent consumer deception in trademark and copyright disputes.
P. P. Jewellers Retail Private Limited & Ors. v.P. P. Jewellers Private Limited
The Delhi High Court addressed an appeal challenging a District Court's directions regarding the use of trademarks in a family business dispute. While initially restraining P. P. Jewellers Retail Private Limited from using the plaintiff's marks, the court granted a stay on these injunctions, acknowledging the appellants' long-standing and acknowledged use of the trademarks within the family structure. Furthermore, the Court appointed a Local Commissioner to inventory the stock at the shared showroom premises, ensuring proper accounting between the competing entities.
Bhavesh Suresh Kataria v.Kataria Insurance Brokers Pvt. Ltd
The plaintiff, an insurance consultant operating under various names including Kataria Jewellery Insurance Consultancy, sought an ad-interim injunction against the defendant, a private limited company, for using a deceptively similar domain name (www.katariainsurance.co.in) to his established mark. The court found that the similarity was too great and ruled in favor of granting immediate injunctive relief.
M/S MATHSTRAMAN MANUFACTURES AND TRADERS PRIVATE LIMITED v.Controller General of Patents Designs and Trademarks
The Kerala High Court granted an interim order in favor of M/S Mathstraman Manufactures and Traders Private Limited. The court directed that the petitioner's registered trademark numbers (1326035 and 1326036) shall not be removed from the register while the Writ Petition is pending final disposal. This stay provides immediate protection to the petitioner against administrative action by the Controller General of Patents.
Aditya Infotech Limited v.Urmilla Jain
The Delhi High Court granted an ad-interim injunction in favor of Aditya Infotech Limited against Urmilla Jain. The Plaintiff, a leading security solutions provider, alleged that the Defendant was selling counterfeit CCTV cables using its registered trademark 'CP PLUS' and copying its trade dress. The court found a prima facie case for infringement and passing off, recognizing the potential harm to the Plaintiff's goodwill. This interim order immediately restrained the Defendant from further infringing activities until the final hearing.
M/s.N.RANGA RAO & SONS PRIVATE LIMITED v.ROHIT MARKETING Incense & Allied Products
The Madras High Court ruled in favor of the registered trademark owner, M/s.N.RANGA RAO & SONS PRIVATE LIMITED, against Rohit Marketing. The court granted permanent injunctions, preventing the defendant from using the deceptively similar mark 'Tri Cycle 3-in-1' for incense sticks and passing off its goods as those of the plaintiff. While the plaintiff withdrew claims for accounting and destruction of stock, the core infringement and passing off allegations were upheld.
Jagmohan Ratra v.Ampa Cycles Pvt. Ltd.
The Delhi High Court upheld an interim injunction in favor of Jagmohan Ratra against Ampa Cycles Pvt. Ltd., finding that the latter was engaging in passing off. The court determined that the defendant was illegally using the identical mark 'AMPA' and a deceptively similar logo to ride upon the plaintiff's established goodwill, which had been built over nearly three decades. This ruling reinforces the protection afforded to unregistered trademarks under common law principles of passing off.
Raaj Unocal Lubricants Limited v.Apple Energy Pvt Ltd & Anr.
The Delhi High Court granted an interim injunction favoring Raaj Unocal Lubricants Limited. The court restrained the defendants from pursuing a related civil action before the U.S. District Court at Southern District of Texas, as well as preventing them from manufacturing or selling goods using trademarks identical or deceptively similar to UNOCAL and UNOCAL 76 in India. This decision protected the plaintiff's established rights derived from its licensing agreement with UNOCAL.
Anil Rathi v.Barhi Concast Llp & Ors.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Anil Rathi against Barhi Concast LLP and others. The court found that the defendants were attempting to circumvent a previous injunction by adopting the deceptively similar mark 'BCLLPRATHI' while dealing in TMT bars and steel products, which are identical to the goods covered under Mr. Rathi's registered trademark 'RATHI'. This interim order restrains the defendants from manufacturing or selling goods under this contested mark until the final hearing of the suit.
M/S. Vipul v.Akshar Sweets And Namkeen
The Gujarat High Court addressed an appeal concerning the non-granting of ad-interim injunction by a lower civil court in a trademark infringement dispute. The appellants, M/S. Vipul, argued that their prima facie case for trademark infringement was strong and continued prejudice was occurring due to the respondent's unauthorized use of a similar brand name after contract termination. Recognizing the urgency and the merits presented, the High Court disposed of the appeal while directing the trial court to expedite the decision on the injunction application within three months, ensuring the existing restraining order remains in effect until then.
Arun Kumar Murarka v.Rajesh Sultania & Anr
The Delhi High Court addressed applications filed by Arun Kumar Murarka concerning the trademark dispute against Rajesh Sultania & Anr. The core issue involves a petition seeking rectification/cancellation of the 'KAILASA' trademark (Reg. No. 4701472) due to its alleged deceptive similarity to the petitioner's mark, 'KAILASHA'. While an exemption application was allowed, the court proceeded by issuing notice to the defendant and listing the matter for further hearing on October 12, 2021.
Ganesh Grains Ltd. v.Ganesh Department Stores
Ganesh Grains Ltd. filed a suit against Ganesh Department Stores seeking urgent interim relief under Section 12A of the Commercial Courts Act, 2015. The court admitted the plaint subject to departmental scrutiny and granted leave for interim protection in the infringement and passing off suit.
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.
M/S Blue Heaven Cosmetics Pvt Ltd v.M/S T.R.N. Corporation Through: Its Proprietor Sh. Deepak Nimesh
The Delhi High Court granted an interim injunction in favor of Blue Heaven Cosmetics against T.R.N. Corporation regarding trademark infringement and passing off. Although the Defendant held a registered mark, the court found that their use of trade dress, writing style, and overall packaging was deceptively similar to the Plaintiff's well-known marks. The order restrained the Defendant from selling products with the infringing trade dress and mandated the removal of all such listings from e-commerce portals.
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