IP Cases — 2022
744 decisions across all jurisdictions
Page 1 of 25 · 744 total
N.V. Satheesh Madhav And Anr v.Deputy Controller Of Patents And Designs
The appeal challenged the Deputy Controller's refusal to grant a patent for an invention related to a bio-bed and method for growing Vigna radiata plants. The initial objections included lack of inventive step, non-patentable subject matter (Section 3(h)), and clarity issues. Although some objections were dropped, the final refusal was based on Section 2(1)(ja) and Section 3(d).
Metis Eduventures Private Limited v.Career Power Coaching Centre Private Limited & Ors.
The Delhi High Court granted an ad interim injunction in favor of Metis Eduventures Private Limited against Career Power Coaching Centre Private Limited & Ors. The court found a prima facie case based on the plaintiff's established goodwill and reputation associated with the 'CAREER POWER' trademark in the education sector. Consequently, the defendants were restrained from using the infringing marks across e-commerce websites and directed to remove specific content featuring the mark.
Jivraj Tea Limited v.Dayalji Vanravan Kotecha
The Gujarat High Court addressed an appeal challenging the rejection of an interim injunction in a trademark infringement suit concerning tea brands. The plaintiff, Jivraj Tea Limited, argued that its registered mark 'JIVRAJ-9' was being infringed upon by the defendant's use of 'DOUBLE HAATHI PREMIUM TEA NO.9'. However, given the introduction of additional pleadings and documents during the appeal process, the High Court found it necessary to remand the matter back to the trial court for a fresh hearing on the interim injunction application.
Mr. Vivek Bhardwaj v.Mr. Gagan Bhardwaj
In this commercial suit concerning trademark infringement and passing off in the pharmaceutical sector, the Delhi High Court issued a series of orders. The court granted an interim restraint on the defendant from manufacturing or selling similar products while allowing him to liquidate his existing stock within three months. Furthermore, the parties were mandated to undergo mediation, signaling that the dispute will proceed through structured negotiation before further litigation.
M/S Soktas Tekstil Sanayi Ve Ticaret As v.ACIT, International Taxation
The assessee, a Turkish non-resident entity specializing in textile production, received consideration for granting an exclusive and perpetual license to use its trademarks and brand names to its Indian subsidiary. The core dispute was whether this payment constituted royalty or capital gains under the India-Turkey Double Taxation Avoidance Agreement (DTAA).
Nippon Steel Corporation v.Controller General Of Patents, Designs And Trademarks and Anr
Nippon Steel Corporation appealed the rejection of its patent application (No. 8620/DELNP/2012) by the Controller General of Patents, Designs and Trademarks. The original rejection was based on Section 3(d) of the Patents Act, 1970, arguing that the claimed method for repairing a gas flue inside was merely standard operation or part of an operational manual. Nippon Steel contended that its claims disclosed several unique technical steps ignored by the Examiner. The Delhi High Court issued directions for both parties to file detailed submissions and supporting documents before proceeding with the appeal.
Kalki Industries v.Commissioner of Central Excise, Mumbai-V
Kalki Industries appealed against an excise order demanding duty, interest, and penalty based on alleged evasion of central excise duty by wrongly availing SSI exemption. The core issue was whether the appellant, having acquired the rights to the 'KALKI' trade mark, was entitled to the benefit of SSI exemption.
Tci Foundation v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by TCI Foundation against the Registrar of Trade Marks' refusal of its label mark application. The court overturned the initial rejection, which was based on grounds including non-compliance with examination reports and similarity to prior marks in different classes. The judgment clarified that a composite mark can be registered and directed the Registry to process and advertise the subject mark.
Entertainment Network (India) Limited v.Https//Tuneincom/Podcasts/Arts--Culture- Podcasts/Bangla-Sunday-Suspense-P2082186/ and Ors
In this copyright infringement case, Entertainment Network (India) Limited sought to protect its audio content, 'Sunday Suspense,' which is based on literary works. The court issued an ex-parte order directing intermediary platforms (like Tuneincom) to immediately take down the infringing URLs and compelling Internet Service Providers (ISPs) to disclose server details used by the infringers. This ruling highlights the proactive role of courts in enforcing IP rights against digital infringement.
Ds Intellectual Properties Llp & Anr v.Abhinav Singh & Ors
The Delhi High Court granted an ex parte ad interim injunction in favor of Ds Intellectual Properties Llp & Anr against Abhinav Singh & Ors. The plaintiffs alleged that the defendants were operating a fraudulent website using the 'Rajnigandha' trademark and DS Group trademarks to lure the public into fake distributorship schemes, while also infringing on copyright by copying the label layout. The court found a prima facie case was made out, leading to immediate restraining orders against the use of the marks and domain name, along with directives to suspend the domain and freeze associated bank accounts.
M/S RPG Enterprises Limited v.RPG Developers Private Limited & Others
The Delhi High Court ruled in favor of M/S RPG Enterprises Limited, granting a permanent injunction against RPG Developers Private Limited and others for trademark infringement and passing off. The court found that the defendants were deliberately using the 'RPG' mark to ride on the goodwill and reputation of the plaintiff's well-known trademarks. Furthermore, due to the dishonest conduct of the defendants in attempting to deceive the public, the court awarded damages and costs to the plaintiff.
Shree Ganesh Rollings Mills (India) Ltd. v.Jindal Rollings Milla Ltd.
In a significant procedural order, the Delhi High Court directed the Registrar of Trademarks to transfer two pending rectification applications filed by the respondents against the petitioner's trademarks. This move ensures that all related intellectual property proceedings are heard together in the High Court, aligning with established IP Division rules. The court set a timeline for the transmission and digitization of these records, paving the way for consolidated pleadings.
Takeda Pharmaceutical Co Ltd v.Controller of Patents and Designs And Anr.
This matter was transferred from the Intellectual Property Appellate Board (IPAB) to the High Court at Calcutta following the enactment of the Tribunals Reform Act, 2021. The court directed the department to correct its records and instructed the Commercial Appellate Division to issue necessary notices.
Samsung India Electronics Co Ltd v.The Controller of Patents and Designs and Anr
This matter was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed the department to correct its records and instructed the Commercial Appellate Division to issue necessary notices before setting a returnable date.
M/S Sana Herbals Pvt Ltd v.Mohsin Dehlvi
The Delhi High Court allowed the defendant's application to frame additional issues in a trademark infringement suit. The court recognized that despite previous procedural hurdles, the pleadings raised valid questions concerning the invalidity of the plaintiff's 'DEHLVI' trademarks and the legal standing of an alleged Assignment Deed. Crucially, the judgment noted that under the Tribunals Reforms Act, 2021, rectification petitions can now be clubbed with civil suits, eliminating the need for a stay on the main litigation.
Societe Des Produits Nestle Sa v.The Controller Of Patents And Design & Anr.
Nestle appealed a rejection order issued by the Controller of Patents and Design regarding its patent application for a composition comprising DGLA. The initial objection was related to Section 3(i) of the Patents Act, 1970, which Nestle addressed by amending the claims. However, the subsequent amendment was rejected under Section 59 on grounds of expanding the original claim scope.
Diageo Brands B.V. v.Alcobrew Distilleries India Pvt Ltd
Diageo Brands B.V. filed an application seeking injunction against Alcobrew Distilleries India Pvt Ltd, alleging piracy of their registered Design No. 306577. The core dispute revolved around whether the defendant's product design was a fraudulent imitation of Diageo's protected design. The court examined complex issues regarding the scope of novelty analysis versus infringement analysis and the appropriate 'eye' (instructed vs. ordinary purchaser) for comparison. Ultimately, the court found that the distinguishing features used to establish the suit design's originality also differentiated it from the defendant's impugned design, leading to the dismissal of the injunction application.
SAP SE v.SAB INFOTECH SOLUTION PVT LTD & ANR
The dispute between SAP SE and Sab Infotech Solution Pvt Ltd was resolved through a comprehensive settlement decree by the Delhi High Court. The core agreement mandates that while Sab Infotech can continue using the full trading name 'SAB INFOTECH,' they must not use the mark 'SAB' in isolation or deceptively similar to SAP's registered trademarks. Furthermore, Sab Infotech agreed to withdraw a specific trademark application related to their brand. This settlement allows both parties to move forward with defined usage parameters.
Aditya Infotech Limited v.Dipankar Mandal
Aditya Infotech Limited successfully secured an interim injunction against Dipankar Mandal in a suit alleging trademark infringement and passing off. The court found that the defendant was falsely printing the plaintiff's registered 'CP Plus' logo on unbranded CCTV cameras, leading to potential consumer confusion. Given the market reputation of 'CP Plus' and the risk of irreparable harm, the court granted immediate relief to protect the brand's goodwill.
Manoj Kumar Goyal, Sole Propreitor Of M/S Manoj Sweets v.The Controller-General of Patents, Designs and Trademarks Also Registrar of Trademark Registry & Anr.
This Delhi High Court order addresses a dispute where the petitioner, Manoj Sweets, claims prior use and registration of the mark 'MANOJ SWEETS' in classes 30 and 43. The core issue is the subsequent registration of an identical mark, 'MANOJ BAKERS,' by another party (Respondent No. 2), which the petitioner alleges was done without proper citation of his existing rights. The court has initiated proceedings to examine this conflict, directing notice to all parties and setting timelines for filing detailed submissions.
Smt. Manju Pathak v.M/S Shree Agro Foods
The plaintiff, a scientist, holds Patent No. 23606 for a process of developing Blood Sugar Regulating Products from germinated soybean seeds. She sued M/S Shree Agro Foods alleging that their product, NAVAVITA SPROUTED SOYA FLOUR, infringed her patent. The court found the defendant liable and granted permanent injunction but declined damages due to lack of evidence.
Stanley Black And Decker, Inc. v.Stanley Switchgear Products
The Delhi High Court rejected a defendant's attempt to have the plaintiff's trademark infringement suit dismissed on grounds of lack of territorial jurisdiction. The court affirmed that the plaintiff successfully demonstrated sufficient nexus to New Delhi, citing the defendant's sales across India, online transactions via websites like shoption.in and indiamart.com, and physical delivery within the city. This ruling reinforces the expansive interpretation of jurisdictional reach in modern commercial disputes involving digital commerce.
Artsana India Private Limited v.Vishanji Viijpar Savla
The plaintiff, Artsana India Private Limited, a subsidiary of Artsana SPA (Italy), claimed ownership of the well-known trademark "CHICCO" used for child care goods. The plaintiff alleged that the defendant was fraudulently adopting and misusing this trademark to run his own business, causing dilution and loss. The court granted permanent injunction in favor of the plaintiff and awarded costs.
Comviva Technologies Limited v.Assistant Controller Of Patents & Design
Comviva Technologies Limited appealed against the Assistant Controller's order rejecting its patent application (No. 201611000234) on grounds of ineligibility under Section 3(k). The appellant argued that the invention was a technical advancement with practical implementation and should be granted a patent.
Merck Sharp And Dohme Corp & Anr. v.Yms Laboratories Private Limited
The commercial suit filed by Merck Sharp And Dohme Corp against Yms Laboratories Private Limited for Patent Infringement concerning Sitagliptin was settled mutually. The court decreed the suit in terms of this settlement agreement, which included the Defendant acknowledging the patent's validity and agreeing to cease all infringing activities.
M.I. Industries, Incorporated v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by M.I. Industries against the Registrar of Trade Marks, overturning the rejection of their trademark application 'NATURE'S VARIETY'. The court found that despite consisting of common dictionary words, the mark was sufficiently distinctive when applied to animal foodstuffs (Class 31), as it evoked a natural quality without being directly descriptive of the goods. Furthermore, the Appellant's international reputation and goodwill were noted in the decision.
M/S Veda Seed Sciences Pvt Ltd v.Kohinoor Seed Fields India Pvt Ltd
The Delhi High Court dismissed the appeal filed by Veda Seed Sciences against an interim trademark infringement order. The court affirmed that Kohinoor Seed Fields was the prior adopter and registrant of the marks 'SADANAND', 'TADAAKHA', and 'BASANT'. Despite Veda's later registration, the court found their use was dishonest, stemming from a marketing agreement where they acknowledged ownership by Kohinoor. The injunction restraining Veda from using these trademarks remains in effect.
The Hind Samachar Limited v.M/S Punjab Kesari Publishers Pvt. Ltd
In a significant ruling, the Delhi High Court allowed for the rectification of the 'PUNJAB KESARI NATIONAL' trademark following an inter-party settlement. The court directed the Trademark Registry to amend the registration, limiting the scope and territory of the mark exclusively to specific regions defined in the parties' Memorandum of Family Signature (MoFS). This decision provides a clear legal mechanism for resolving complex territorial disputes between brand owners through negotiated settlements.
The General Hospital Corporation And Anr. v.The Controller of Patents And Designs And Anr.
The General Hospital Corporation appealed against an order passed by the Controller of Patents and Designs under Section 15 of The Patents Act, 1970, which dismissed their patent application. By consent of both parties, the Calcutta High Court set aside the impugned order.
Art Screw Co., Ltd. v.The Assistant Controller Of Patents And Designs
Art Screw Co., Ltd. appealed a decision by the Assistant Controller denying its patent application for 'Fastener and Fastening Structure' on grounds of lack of inventive step over prior art. The High Court found that the original order lacked proper reasoning and comprehension, leading to the setting aside of the impugned order.
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