IP Cases — 2022
744 decisions across all jurisdictions
Page 13 of 25 · 744 total
Government E Marketplace v.Unilex Consultants & Ors.
The Delhi High Court ruled in favor of the Government E Marketplace (GeM) against various parties for misusing its brand name. The plaintiff alleged that several defendants were registering or using 'GeM' as a domain name or URL extension, misleading the public into believing they were associated with the official portal. The court granted permanent injunctions and ordered the suspension of multiple infringing domains, reinforcing the protection of government digital brands against unauthorized commercial exploitation.
Emd Millipore Corporation v.Assistant Controller Of Patents And Designs
Emd Millipore Corporation appealed a decision by the Controller of Patents, Chennai, which rejected its patent application (No. 1026/DEL/2012). The High Court first condoned the delay in filing the appeal and subsequently listed the matter for further hearing to determine if the invention has been put to commercial use.
Ruptech Educational India v.Mansi Aggarwal
The Delhi High Court formally decreed a commercial suit between Ruptech Educational India and Mansi Aggarwal based on an amicable settlement reached by both parties. The settlement agreement addressed disputes concerning formative trademarks, specifically the word 'SCOTTISH.' Key terms included the withdrawal of pending trademark applications by the defendant, a limited grace period for the use of certain marks until December 31, 2022, and subsequent cessation of all related activities. This judgment provides a clear example of how parties can resolve complex IP disputes through mediation.
ITC Limited v.Philip Morris Products S.A.
ITC Limited appealed against an order from the Assistant Controller of Patents and Designs which rejected a post-grant opposition against Patent No. IN319780, thereby maintaining the patent. The Appellant argued that the impugned order was non-speaking and unreasoned. Both parties consented to the matter being remanded.
Chugai Seiyaku Kabushiki Kaisha & Anr. v.Natco Pharma Limited
Plaintiffs (Chugai Seiyaku Kabushiki Kaisha & Anr.) filed a suit seeking permanent injunction against Natco Pharma Limited for infringing Indian Patent No. 294424, which covers the tetracyclic compound Alectinib (Alecensa®). The dispute centered on the Defendant's alleged export and potential commercial launch of generic Alectinib products. The matter was amicably resolved.
Havells India Ltd & Anr. v.Ashok Kumar/ John Doe & Ors.
The Delhi High Court granted an ad interim injunction in favor of Havells India Ltd against various defendants regarding the misuse of its registered trademarks, HAVELLS and LLOYD. The court found a prima facie case that rogue websites and domain names were being used to mislead consumers and conduct fraudulent activities. Consequently, the court ordered the immediate blocking of specific infringing domains by ISPs and directed the disclosure of registrant details from the responsible parties.
M/S Geographical Indications Tagged World Premium Products Private Limited v.Trademarks Registry
The Karnataka High Court allowed the writ petition filed by M/S Geographical Indications Tagged World Premium Products Private Limited against the Trademarks Registry. The court found that the registry's impugned order, which sought to cancel the registered trademark 'GITAGGED', lacked proper adjudication and failed to consider the petitioner's reply to the show-cause notice. Consequently, the High Court set aside the cancellation order and remitted the matter back to the respondent for fresh disposal.
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.
Tata Consumer Products Limited v.M/S Varahi Limited & Anr.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Tata Consumer Products Limited against M/S Varahi Limited. The court allowed defendants to file their original notarized affidavits and permitted the plaintiff to place numerous additional documents on record, including sales turnover details and evidence of prior meetings. While the core dispute involves the use of the 'HIMALAYAN' mark for mineral water, the current order focuses on procedural steps necessary to build a comprehensive case before trial.
Diamond Star Global Sdn. Bhd. v.Joint Controller Of Patents And Designs
The appellant filed an appeal challenging the rejection of its patent application titled "HYGIENE WASH". The rejection was based on insufficient disclosure under Section 10(4) of the Patents Act, 1970. The court allowed several interlocutory applications and listed the matter for further hearing.
United Biotech Private Limited v.Cipla Limited And Anr.
The Delhi High Court disposed of a petition seeking cancellation of an impugned trademark. Respondent No. 1 (Cipla Limited) assured the court that it was not using the mark, leading to the petitioner's success. The court directed the Registrar of Trade Marks to cancel the trademark and rectify the register accordingly.
Deepak Kumar Khemka v.Lakshmi Chand & Sons
The plaintiff, M/s Wizard Fragrances, sued the defendants alleging that they were infringing on the plaintiff's trademarks (SHUDH, SHUDH PLUS) by adopting and using 'SHUDH RATAN'. The plaintiff argued that this constituted passing off and dilution of goodwill. The court found in favor of the plaintiff.
Kanishk Sinha v.The Union Of India
The petitioner, the patentee/assignee of Patent No. 254875, challenged an order by the Secretary, Government of India, regarding their request for a patent linkage to the VAHAN e-Module. The core dispute was whether the patent holder could mandate that electric vehicle registration (specifically e-Rickshaws) be subject to NOC issuance based on the patent before official registration.
Morful Sheikh Trading as Azad Beedi Factory v.Rafeeq Beedi Factory
The plaintiff, Morful Sheikh Trading as Azad Beedi Factory, sued several defendants for infringing its proprietary trademarks, copyrights, and trade dresses related to its 'Bidis' business. The plaintiff claimed exclusive rights over marks like DEEWANA BIRI NO. 302, which was registered under the Trade Marks Act, 1999. The court found that the defendants were using deceptively similar marks (DEEBAN BIRI and numerical 305) in relation to the same goods.
Inter Ikea Systems B V v.Italica Floor Tiles Pvt. Ltd. & Anr.
The Delhi High Court allowed applications filed by the defendants (Italica Floor Tiles) seeking to set aside an earlier ex parte decree passed against them for trademark infringement. The court acknowledged that while the plaintiffs had a strong case regarding their established brand, the procedural lapse and lack of opportunity for the defendants to present their defense warranted reconsideration. Consequently, the ex parte order was set aside, and the main suit has been revived, allowing both parties to proceed on the merits.
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.
Imberatek Llc v.Samsung Electronics Co. Ltd.
The Delhi High Court passed an order in CS(COMM) 763/2022 addressing several interlocutory applications filed by Imberatek Llc against Samsung Electronics Co. Ltd. The court granted exemptions from pre-institution mediation and allowed the plaintiff to file confidential documents related to the suit patent under strict confidentiality terms.
M/S. Precision Bearing Pvt. Ltd. v.The Addl. Cit, Range-5, Ahmedabad
The Revenue appealed against the CIT(A)'s order regarding the disallowance of trade mark expenditure. The assessee also filed a cross-objection concerning the calculation of depreciation on machinery. The Tribunal partly allowed both appeals, addressing issues related to intangible asset deduction and depreciation.
M/S.Godaddy.Com Llc v.M/S.Puravankara Projects Limited
The Madras High Court addressed a dispute over domain name infringement brought by M/S.Puravankara Projects Limited against Godaddy.com LLC and its Indian subsidiary. While the court acknowledged the Plaintiff's trademark rights, it significantly curtailed the scope of the suit. The mandatory injunction seeking removal of infringing trademarks was rejected due to lack of necessary parties, but the Plaintiff was allowed to proceed regarding alleged liability arising from the Defendants' use of domain suggestion tools.
Tata Sons Pvt. Ltd. v.Akash S. Shah & Anr.
The Delhi High Court disposed of a suit filed by Tata Sons Pvt. Ltd. against Akash S. Shah & Anr., which sought permanent injunctions for trademark and copyright infringement and passing off. The parties reached an out-of-court settlement, which the court incorporated into its decree. Consequently, the suit was decreed in favor of the Plaintiff based on these terms, and the Plaintiff was granted a refund of the entire Court Fees.
Seal For Life Industries Us Llc v.The Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Seal For Life Industries Us Llc against the Registrar of Trade Marks' refusal to register the mark 'ANODEFLEX'. The court held that the rejection, based solely on the ground that the mark was descriptive or had a dictionary meaning, was erroneous. Given extensive evidence of long-term international and domestic use, the High Court quashed the refusal order and remitted the matter back for fresh consideration.
Boehringer Ingelheim Pharma GmbH & Co. KG v.MSN Laboratories Private Limited
The applicants (Boehringer Ingelheim) filed applications seeking interim directions against the respondents (MSN Laboratories and others) for alleged infringement of their patent covering the compound Linagliptin. The court found that the defendants had not laid any credible challenge to the validity of the patent, thus tilting the balance of convenience in favor of the plaintiffs.
Akums Drugs Pharmaceuticals Limited v.Ferring B.V.
Akums Drugs Pharmaceuticals Limited filed a suit seeking a declaration that its pharmaceutical composition does not infringe Patent IN 387567 held by Ferring B.V. The defendant raised a preliminary objection regarding the non-compliance with pre-institution requirements under Section 105 of the Patents Act, 1970. The court allowed the plaint to be registered as a suit and directed the issuance of summons.
Pm Franchise Brands, Llc v.Registrar Of Trade Marks
The Delhi High Court addressed an appeal challenging the rejection of a trademark application, PRETZELMAKER. While the court found that the word mark was problematic under Sections 9 and 11 of the Trade Marks Act due to descriptiveness and similarity, it recognized the distinctiveness of the accompanying logo. Consequently, the court allowed the Appellant to proceed with registration by deleting the descriptive word 'PRETZELMAKER' from the application.
Novartis Ag v.Centurion Remedies Private Limited
Novartis filed a suit seeking permanent injunction against Centurion Remedies Private Limited for alleged infringement of Indian Patent No. 233161, which covers 'ELTROMBOPAG OLAMINE / REVOLADE'. The cause of action arose from an Office Memorandum issued by the Department of Pharmaceuticals indicating that the defendant was included in a list for procuring the patented preparation.
Popsockets Llc v.Flipkart India Private Limited & Ors.
In this trademark infringement suit, Popsockets LLC sought remedies against Flipkart India Private Limited for allegedly selling products under an infringing mark. The Delhi High Court issued several procedural orders on November 12, 2020. The court allowed the plaintiff to file additional documents and permitted the issuance of summons to all defendants, while also noting the dispute regarding whether Flipkart itself was infringing by selling the product under the disputed trademark.
The Computing Technology Industry Association, Inc (COMPTIA) v.Bennett, Coleman And Company Limited (The Times Group)
This Delhi High Court judgment records the amicable resolution of a trademark dispute between COMPTIA and The Times Group. The parties reached a comprehensive settlement, wherein The Times Group acknowledged COMPTIA's ownership of 'CHANNELCON' and agreed to immediately cease using it or deceptively similar marks like 'CHANNELICON'. Furthermore, The Times Group committed not to oppose future registration efforts for the mark.
Sun Pharma Laboratories Ltd v.Intas Pharmaceutical Ltd & Anr.
The Delhi High Court dismissed Sun Pharma's appeal against the denial of an interim injunction concerning pharmaceutical trademarks. The court held that since both parties are generic drug manufacturers launching products after patent expiry, and given the similarity of the marks is based on active ingredients, there were no strong equities in favor of either party at this preliminary stage. Furthermore, the appellant's registered mark had not been used for over twenty-four years, which weighed against granting immediate protection.
Somani Industries v.Registrar Of Trade Mark, Government Of India; Somani Ceramics Limited
Somani Industries approached the Rajasthan High Court seeking intervention regarding a long-pending trademark application ('SOMANI'). The petitioner sought direction for the Registrar of Trade Marks to expedite the decision process, especially considering an existing opposition from Somani Ceramics Limited. The court disposed of the writ petition by directing the Registrar to decide both the pending application and the associated opposition at the earliest, preferably within two months.
Vbm Medizintechnik Gmbh v.Geetan Luthra
The Delhi High Court granted an interlocutory injunction in favor of Vbm Medizintechnik Gmbh against Geetan Luthra regarding the use of the mark 'VBM'. The court found that despite prior distribution agreements, the defendant's subsequent registration and use of a deceptively similar mark for medical equipment constituted infringement. The ruling emphasizes the need to prevent consumer confusion when one party leverages another's established brand identity.
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