IP Cases — 2022
744 decisions across all jurisdictions
Page 11 of 25 · 744 total
Sun Pharmaceutical Industries Ltd v.Protrition Products Llp & Ors.
The Delhi High Court granted an interim injunction in favor of Sun Pharmaceutical Industries Ltd against Protrition Products Llp & Ors. The court found that despite having registrations in unrelated classes (29 and 30), the defendants were using deceptively similar marks, such as ABBZORB NUTRITION, for goods like whey protein which fall within the plaintiff's registered Class 5 pharmaceutical category. The judgment emphasized that once a defendant is aware of an existing mark, they must exercise caution to avoid infringement in related classes and goods.
Sh Nirmal Kumar @ Nirmal Kumar Gupta & Ors. v.State(Govt. Of Nct Of Delhi) And Anr.
The Delhi High Court issued a significant order rectifying entries in the Trade Marks Register concerning two trademarks (No. 1116678 and No. 2091984). Following mediation settlement, the court restored M/s Rattan Milk Specialities Private Limited as the original proprietor of TM No. 1116678, cancelling previous entries in favor of Nirmal Kumar. The court also rectified the entry related to TM No. 2094984. While the petitioners sought quashing of an FIR, the primary focus was on correcting the trademark ownership records based on the settlement terms.
Star India Pvt Ltd v.Extramovies.Click & Ors.
Star India Pvt Ltd filed suit seeking permanent injunction against various rogue websites, ISPs, and government bodies for the unauthorized hosting and streaming of its film 'Tadap'. The plaintiff claimed exclusive rights over the cinematograph work. Throughout the proceedings, numerous additional infringing URLs were identified and blocking orders were issued by MEITY and DoT. Given that the film's theatrical run had concluded and no defense was raised by the rogue websites, the court confirmed the existing injunction and decreed the suit in favor of Star India.
Ravinder Singhania v.Union Of India & Anr.
Ravinder Singhania filed a writ petition challenging the rejection of a patent application by Respondent No. 2, seeking to quash the impugned decision and direct reconsideration. The petitioner primarily argued that he did not receive an essential email containing the examination report, preventing him from responding within the stipulated time.
Bpi Sports Llc v.Saurabh Gulati & Anr.
The Delhi High Court issued an order in the trademark opposition case involving Bpi Sports Llc and Saurabh Gulati. Despite initial claims of non-service, the court found that Respondent No.1 had been served through multiple modes (speed post, email, mobile), leading to him being proceeded against ex parte. Crucially, the court mandated that a status quo be maintained regarding Trademark Registration No. 4422891 for the mark 'BPI SPORTS', preventing any assignment or license during the pendency of the matter.
Jansen Pharmaceuticals & Others v.Aeon Formulations Pvt. Ltd.
The plaintiffs, who are exclusive licensees of the patent holder (Mitsubishi Tanabe Pharma Corporation), filed a suit alleging that Defendant No. 1 was manufacturing and marketing Canagliflozin Tablets/Capsules, thereby infringing Indian Patent No. 232231. The court found a prima facie case in favor of the plaintiffs.
General Electric Company v.Union Of India And Anr.
General Electric Company challenged an order by the Assistant Controller of Patents that rejected its patent application. The Petitioner argued that the Controller arbitrarily revisited the non-patentability objection under Section 3(k) without providing a proper opportunity for defense or written submissions. The Delhi High Court set aside the impugned order and remanded the matter, directing the Patent Office to provide a hearing on all objections.
M/S Torque Pharmaceuticals Private Limited v.M/S Conset Pharma Private Limited & Ors.
The Delhi High Court granted an ex-parte interim injunction in favor of Torque Pharmaceuticals against Conset Pharma. The dispute centered on the alleged infringement and passing off related to the pharmaceutical product HEMOPLUS. The court found that the Plaintiff had made out a prima facie case, noting the deceptive similarity between 'HEMOPLUS' and the Defendants' trademark 'CONSET HEEMOPULS,' particularly given the low threshold for confusion in the pharmaceutical sector. This immediate relief prevents the Defendants from continuing to manufacture or sell similar products until the final hearing.
Dabur India Limited v.Ashok Kumar And Ors
In a significant ruling concerning domain name disputes, the Delhi High Court directed various Domain Name Registrars (DNRs) to appoint Grievance Officers in accordance with the IT Rules, 2021. This order was issued within the context of multiple connected suits involving trademark and cyber-related issues. The court emphasized the need for DNR compliance to protect intellectual property rights and ensure proper grievance redressal mechanisms are in place across the digital landscape.
Travellers Exchange Corporation Limited v.Celebrities Management Private Limited
The Delhi High Court permitted the plaintiffs, Travellers Exchange Corporation Limited, to amend their plaint in a trademark infringement suit against Celebrities Management Private Limited. The amendment sought to elaborate on the grounds for territorial jurisdiction under Section 134 of the Trade Marks Act, specifically by adding details about the defendant's online presence and targeting of Delhi consumers. The court allowed the amendment, noting that it was intended only to buttress the jurisdictional plea, and directed that the challenge regarding lack of jurisdiction would be considered on merits after the amendment.
Diageo Brands B.V. v.Great Galleon Ventures Limited
Diageo Brands B.V. filed suit against Great Galleon Ventures Limited alleging that the latter was fraudulently imitating its 'Hipster' bottle, which is protected by a Registered Design (No. 306577). The Plaintiffs sought an injunction to prevent further infringement and passing off of their distinctive trade dress. While the court found similarities in the overall get-up, it ultimately granted an interim injunction based solely on design infringement, but declined the claim related to passing off.
Health And Glow Private Limited v.Vineet Chugh
The Delhi High Court granted an interim injunction favoring Health And Glow Private Limited against Vineet Chugh. The dispute centered on the use of the trademark 'H&G' for cosmetic and personal care products. Given that Health And Glow demonstrated a strong prima facie case—backed by extensive market presence, high turnover, and registered rights—the court restrained the defendant from using the identical mark until further hearing, preventing irreparable injury to the plaintiff’s business.
Carousel Design Pvt Ltd v.Kurush Noshir Jungalwala & Ors.
The Delhi High Court granted an interim injunction favoring Carousel Design Pvt Ltd, who holds the registered trademark 'SHIFT'. The court found that the defendant's adoption of a deceptively similar mark ('CHEMOULD SHIFT') created a likelihood of confusion among consumers. Despite initial attempts at amicable settlement, the plaintiff successfully demonstrated a prima facie case of infringement and passing off, leading the court to restrain the defendants from using the infringing marks until further orders.
akash aggarwal v.flipkart internet private limited
Akash Aggarwal, owner of the 'V Tradition' trademark for women's clothing, sued Flipkart alleging that the platform’s ‘latching on’ feature allowed third-party sellers to use his brand name and product images without consent, constituting passing off. The Plaintiff claimed significant sales and consumer engagement through Flipkart before this unauthorized usage.
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.
Merck Sharp And Dohme Corp v.Harman Finochem Limited
The suit was filed by Merck Sharp And Dohme Corp seeking permanent injunction against Harman Finochem Limited for infringing Patent No. 209816 related to Sitagliptin. Although an interim injunction had been granted earlier, the matter reached a settlement as the patent expired during the pendency of the suit. The Defendant agreed to pay partial litigation costs.
Csg International Ltd v.Ddit International Taxation Circle 1
The assessee (Csg International Ltd) appealed against an order taxing revenue earned from supplying software as 'royalty'. The core dispute was whether the payment for using copyrighted software constituted a transfer of copyright rights or merely a license to use a copyrighted article. The Tribunal relied on Supreme Court judgments, concluding that non-exclusive licenses do not attract royalty under DTAAs.
Mother Diary Fruit & Vegetable Private Limited v.Nalgonda Rangareddy District Milk Producers Mutually Aided Cooperative Union Limited
This Delhi High Court order addresses ongoing trademark infringement litigation between Mother Diary Fruit & Vegetable Private Limited and Nalgonda Rangareddy District Milk Producers. The court noted arguments regarding the alleged violation of a Settlement Agreement, with both parties presenting their positions—the respondent denying any misuse of the 'Mother Dairy' trademark, while the petitioner asserted contempt of court. The court directed further action, including filing rejoinders and listing the case for subsequent proceedings.
Bombinate Technologies Private Limited v.Koo Coin And Others
The Delhi High Court granted an interim injunction in favor of Bombinate Technologies Private Limited against Koo Coin and others, finding a prima facie case of trademark misuse. The Plaintiff alleged that Defendants were using the registered 'KOO' mark and similar bird device marks on fraudulent cryptocurrency platforms (like www.koo.money) to mislead consumers into believing they were associated with the legitimate social media platform. Consequently, the Court directed MEITY and ISPs to block the infringing websites and restrained the defendants from further use of the 'KOO' name or offering digital coins until the final hearing.
Sanjeev Juneja & Anr. v.Ashok Kumar Bhatia
In this trademark dispute before the Delhi High Court, the Plaintiffs sought to withdraw their suit after making changes to their trademark, label, and packaging/trade dress. Despite the intention to withdraw, counsel requested an adjournment due to scheduling conflicts in another court. The Court granted the request, listing the matter for further hearing on August 24, 2022.
Core Integrated Management Systems Pvt Ltd v.The Bci Forum Ltd & Ors.
The Delhi High Court addressed a suit filed by Core Integrated Management Systems Pvt Ltd seeking permanent injunction against trademark infringement, passing off, and dilution related to the marks 'CONTINUITY AND RESILIENCE' and 'CONTINUITY & RESILIENCE'. Given that oppositions have been filed against the Plaintiff’s registered trademarks, the court suspended the registration certificates. Consequently, both parties agreed that the pending opposition proceedings must be decided first before the injunction application can proceed. The court also directed both sides to file documents detailing the nature of use of the disputed mark.
T. V. Today Network Limited v.News Laundry Media Private Limited
T. V. Today Network Limited, a major media group operating channels like AajTak and India Today Television, filed a suit seeking relief against News Laundry Media Private Limited for alleged infringement of its content. The plaintiff sought an interim mandatory injunction to prevent further dissemination of allegedly defamatory and infringing material. However, the Delhi High Court dismissed the application, holding that since the plaintiff could be compensated with damages (quantified at Rs. 2 crores), there was no irreparable loss warranting immediate injunctive relief.
Pfizer Inc v.Azista Industries Private Limited
The suit was filed by Pfizer Inc seeking an injunction against the infringement of Patent No. IN 218291, which covers the pharmaceutical product 'Palbociclib'. The court condoned the delay in filing replications and made the existing ad-interim injunction absolute during the pendency of the suit.
Bayer Intellectual Property Gmbh v.The Controller Of Patents
Bayer Intellectual Property Gmbh appealed the Patent Office's order rejecting its divisional patent application (No. 201918027661). The rejection was based on a lack of inventive step and insufficient experimental data. The Court directed the parties to submit the full file wrapper of both the parent and subject applications for further consideration.
Kent Ro Systems Limited & Anr. v.Bajrang Impex Private Limited
The Delhi High Court granted an interim injunction in favor of Kent Ro Systems Limited against Bajrang Impex Private Limited, finding a prima facie case of infringement regarding the design and logo used on water purifier cabinets. The court recognized that irreparable harm would occur without immediate protection. Furthermore, to definitively ascertain the extent of manufacturing and sales, the court appointed a Local Commissioner with specific mandates to inspect the defendant's premises, seize infringing materials, and report on production figures.
Mensa Brand Technologies Pvt. Ltd. v.Kartik Fashion & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Mensa Brand Technologies against Kartik Fashion & Ors., finding a prima facie case of trademark infringement and passing off. The court recognized that the defendants were deceptively using the 'DENNIS LINGO' mark, along with similar trade dress features, to ride on the plaintiff's reputation in the e-commerce market. Furthermore, the Court appointed a Local Commissioner to inspect the defendants' premises, seize counterfeit goods, and document their infringing activities.
Amaravathi Restaurants Private Limited v.Karaikudi Chettinad Mess
The Madras High Court ruled in favor of Amaravathi Restaurants Private Limited, finding that the defendant's use of 'KARAIKUDI CHETTINAD MESS' constituted trademark infringement and passing off against the plaintiff's registered marks. The court granted permanent injunctions restraining the defendant from using the similar trade name for hospitality services. Furthermore, the defendant was ordered to surrender all infringing materials, although claims for damages and rendition of accounts were rejected due to lack of evidence or representation.
Paresh Ajitkumar Kapoor v.Tomar Enterprises
The plaintiffs initiated a suit for infringement and perpetual injunction under Section 22 of the Designs Act, 2000, concerning their registered air cooler design. The defendants subsequently filed an application challenging the suit's validity before the High Court. This court addressed the objections raised by the defendants regarding jurisdiction, parallel proceedings, and cause of action. Ultimately, the court dismissed the defendants' application under Order 7 Rule 11 CPC, affirming the maintainability of the original infringement suit.
Vifor International Ltd. v.Competition Commission Of India
Vifor International Ltd. challenged the orders of the Competition Commission of India (CCI) which initiated an inquiry into its licensing practices regarding the patent for Ferric Carboxymaltose (FCM). Vifor argued that the CCI was exceeding its jurisdiction by seeking commercially sensitive information related to a patented product, touching upon rights under the Patents Act, 1970. The High Court dismissed the writ petition, finding it premature and noting that the CCI would consider the petitioner's objections.
Novartis A G v.Supermax Drugs And Pharmaceuticals Private Limited
Novartis A G filed a suit seeking permanent injunction against Supermax Drugs And Pharmaceuticals Private Limited for infringing its patent (IN 237430) covering the drug molecule Nilotinib. The dispute arose after the Defendant submitted bids to a government tender using the patented substance. During the proceedings, the Defendants conceded that they had no intention to manufacture or sell the preparation during the patent's lifetime. Consequently, the court decreed the suit for permanent injunction, contingent upon the filing of an affidavit detailing existing stock and an undertaking to comply with the decree.
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