IP Cases — 2022
744 decisions across all jurisdictions
Page 15 of 25 · 744 total
Netsweeper Inc. v.Netsweeper Technologies Private Limited & Others
Netsweeper Inc. filed a suit against several entities for passing off its corporate name 'NETSWEEPER' and infringing on its trademark rights. The plaintiff sought damages, permanent injunctions, and an accounting of profits derived from the deceptive use of the brand. While the court addressed multiple claims including licensing fees and tax debts owed to the government, the judgment primarily focused on restraining the defendants from using or dealing with the 'NETSWEEPER' name in a manner that suggests affiliation with the plaintiff.
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.
Chitali Bottling Limited v.Brihan Karan Sugar Syndicate Private Limited
The Bombay High Court dismissed the appeal filed by Chitali Bottling Limited seeking a temporary injunction against Brihan Karan Sugar Syndicate Private Limited. The core dispute revolved around the right to use specific country liquor brand names and labels. The court found that the Appellant's claim of an 'oral license' was a sham plea, especially given the existence of a written License Agreement from 2014. Furthermore, the court ruled that under the Trade Marks Act, perpetual oral assignment is not legally possible, concluding that the Appellant had no prima facie case.
Sun Pharmaceutical Industries Ltd v.Union Of India & Ors.
The petitions were filed seeking directions to expedite the hearing and adjudication of a post-grant opposition against Patent No. IN 257402, which was facing significant delays by the Respondents (Controller/UOI). The Petitioner also challenged the validity of the Opposition Board's constitution and recommendation.
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.
Kawakami, Shigeki & Ors. v.Assistant Controller Of Patents And Designs
The appellants filed an appeal challenging the order dated November 15, 2021, passed by the Assistant Controller of Patents. The original application (No. 201817032492) was rejected on the ground of lack of novelty under Section 2(1)(j) of the Patents Act, 1970.
Sun Pharmaceutical Industries Ltd v.Union of India
The petitioner filed writ petitions seeking directions to the respondents (Controller/UOI) to expedite the hearing and adjudication of a post-grant opposition against Patent No. IN 257402. The petitioner also challenged the validity of the Opposition Board's recommendation, alleging procedural flaws. The Court directed the Competent Authority to decide the pending representation and scheduled the patent proceedings.
Sterlite Technologies Limited v.Anupam Singh & Ors.
Sterlite Technologies Limited filed a suit seeking protection of its confidential IBR technology, which was developed by key employees who later joined a competing entity (Defendant No.3). The Plaintiff alleged that the Defendants disclosed this proprietary information, leading to similar patent applications being filed by Defendant No.3, naming the former employees as inventors.
Kiran Jain & Ors. v.Kangaro Industries (Regd.) & Ors.
The Delhi High Court addressed a long-standing dispute between two families regarding the use of the 'KANGARO' trademark for stationery products. Despite the Plaintiffs seeking permanent injunctions against foreign litigation, the Court recognized the complex history and the familial nature of the conflict. Consequently, the court mandated mediation while issuing interim directions allowing both parties to continue their respective trademark applications and statutory proceedings globally, provided they notify the opposing party if new civil or criminal actions are initiated.
S M Motorenteile Gmbh v.Maharashtra Motors & Ors.
S M Motorenteile GmbH successfully pursued an infringement suit in the Delhi High Court regarding its 'SM' trademark used for high-quality automotive parts. While a settlement was reached with Defendant Nos. 1 and 2, the court decreed the suit against Defendants 4 to 6, finding them liable for selling counterfeit products under the disputed mark. The judgment underscores the importance of maintaining clear documentation of brand history and rights in complex international IP disputes.
Tommy Hilfiger Europe Bv v.Ms Originals Clothing And Ors
In this execution petition, Tommy Hilfiger sought to enforce a settlement decree against Ms Originals Clothing for continuing the sale of its branded goods. Despite having previously settled, the Decree Holder alleged that the Judgment Debtors continued infringing on their trademarks both in physical stores and online platforms. The court allowed the application for local commissioners to conduct an investigation into post-decree sales and directed the Judgment Debtors to provide access to relevant financial records.
Ambuja Cements Limited v.Shiv Kripa Steels & Anr.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Ambuja Cements Limited against Shiv Kripa Steels & Anr. The court found that the defendants' use of marks was a slavish imitation of Ambuja's registered trademarks 'AMBUJA' and 'VIRAT'. Given the likelihood of customer confusion in the common building materials trade, the injunction prevents the defendants from using deceptively similar marks or devices related to cement and allied goods.
Boehringer Ingelheim Pharma GmbH & Co. KG v.MSN Laboratories Private Limited
The applicants (Boehringer Ingelheim Pharma) filed applications seeking interim directions to restrain the respondents (MSN Laboratories and others) from infringing their patent rights over the medicinal product, Linagliptin. The court found that the defendants had not laid a credible challenge to the validity of the patent and tilted the balance of convenience in favor of the plaintiffs.
Boehringer Ingelheim Pharma GmbH & Co. KG v.MSN Laboratories Private Limited
The plaintiffs, Boehringer Ingelheim Pharma, filed applications seeking interim directions against respondents (including MSN Laboratories and others) for infringing their patent rights related to the medicinal product Linagliptin. The court found that the defendants had not presented a credible challenge to the patent's validity and tilted the balance of convenience in favor of the plaintiffs.
Boehringer Ingelheim Pharma GmbH & Co. KG v.MSN Laboratories Private Limited
The plaintiffs, Boehringer Ingelheim Pharma, filed applications seeking interim directions to restrain respondents from infringing their patent rights related to Linagliptin. The court found that the defendants had not presented a credible challenge to the patent's validity and tilted the balance of convenience in favor of the plaintiffs.
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.
MSN LABORATORIES PRIVATE LIMITED v.THE CONTROLLER OF PATENTS, BOUDHIK SAMPADA BHAVAN, DWARKA, SECTOR-32, PLOT 14 NEW DELHI-400037; BOEHRINGER INGELHEIM PHARMA GMBH & CO. KG
The plaintiff (MSN Laboratories) filed a petition seeking the revocation of Indian Patent No. IN 243301. The defendants argued that the petition was time-barred as it was filed more than three years after the patent grant date. The court dismissed the applications, holding that the limitation period for challenging a patent is not necessarily from the date of grant but when the right to sue accrues, and affirming its territorial jurisdiction.
Tube Investments Of India Limited v.M/S Jagdamba Enterprises & Ors.
Tube Investments Of India Limited successfully moved the Delhi High Court to protect its 'DIAMOND' trademark against widespread counterfeiting in the automotive parts market. The court recognized the extensive goodwill associated with the mark and the clear evidence of infringement presented by the plaintiff, including discrepancies found via QR codes and packaging differences. Consequently, the court granted an ex parte ad interim injunction and appointed Local Commissioners to conduct seizures and verification across various premises.
Amazon Seller Services Private Limited v.Amazonbuys.In & Ors.
The Delhi High Court allowed Amazon Seller Services Private Limited to implead a new infringing website, 'storeamazon.co.in,' in its ongoing suit against rogue sellers. Citing precedent regarding mirror websites, the court granted an ex-parte ad interim injunction restraining this new defendant from infringing Amazon's trademarks and copyrights. Furthermore, the court directed various internet service providers (ISPs) and domain registrars to block access to the site and disclose registrant details, reinforcing judicial control over online piracy.
One Moto Scooters Trading Llc v.Centre Systems Group Internet Content Provider (CSG ICP)
The Delhi High Court issued interim orders in favor of One Moto Scooters Trading Llc, restraining Centre Systems Group Internet Content Provider from using the trademark 'ONE MOTO' or any deceptively similar mark. This protective order was granted to prevent imminent threat of unauthorized use, including manufacturing automotive products. Furthermore, the court directed that the domain name 'www.one-moto.in' remain blocked, maintaining the status quo until further proceedings.
Abhishek Kathuria & Anr. v.Ramesh Kumar Malhotra
The Delhi High Court granted an interim injunction in favor of Abhishek Kathuria & Anr. against Ramesh Kumar Malhotra regarding the disputed trademark 'ROSABAGH'. The plaintiffs, who own and use the mark for furniture and artifacts, successfully argued that the defendant's adoption of a similar mark for a banquet hall constituted potential dilution and infringement. The court found a prima facie case in favor of the plaintiffs, leading to an immediate restraint on the defendant's use of the contested trademark until further hearing.
Capital One Financial Corporation v.Ashok Kumar & Anr.
The Delhi High Court granted an ad-interim injunction in favor of Capital One Financial Corporation against Ashok Kumar & Anr. The court found a prima facie case that the defendants were unauthorizedly using marks and domain names deceptively similar to 'CAPITAL ONE' to mislead consumers into believing they were dealing with the major US bank. Consequently, the court restrained the parties from using these infringing marks and directed Google LLC to block the associated email address.
Mohit Varshney Proprietor, M/S Raj Food Products v.Serveshwar Food Product Pvt. Ltd.
In a complex cross-suit involving competing snack food brands, the Delhi High Court addressed trademark disputes between M/s Raj Food Products ('DECY') and Serveshwar Food Product Pvt. Ltd. ('LACY'). While acknowledging that the Plaintiff (Serveshwar) had prior registration of 'LACY', the court sought to balance interests by directing the Defendant (Raj Food) not to expand its product line under 'DECY' until further decision on injunctions. Crucially, the Court mandated mediation to explore an amicable resolution for both trademark and packaging disputes.
Kamla Kant And Company Llp v.Sanjay Gupta & Anr.
The Delhi High Court disposed of the trademark infringement suit filed by Kamla Kant & Company LLP against Sanjay Gupta & Anr. The dispute centered on the unauthorized use of similar marks ('RAJ', 'KG') for tobacco and allied products, infringing upon the Plaintiff's established trademarks 'RAJSHREE' and 'KP'. Through a settlement agreement, the court granted an injunction restraining the Defendants from using confusingly similar marks while allowing them to use 'KANTHA RAJA' under strict conditions. The parties also agreed on financial compensation and the destruction of infringing materials.
Havells India Limited v.Panasonic Life Solutions India Pvt Ltd
Havells India Limited filed an application seeking an interim injunction against Panasonic Life Solutions India Pvt Ltd, alleging that the latter's VENICE PRIME series of ceiling fans was a blatant imitation and substantial reproduction of Havells' registered ENTICER/ENTICER ART designs. The Plaintiff asserted its market dominance and unique design features protected under the Designs Act, 2000. The Delhi High Court found that the Plaintiff had successfully made out a prima facie case for infringement and balance of convenience in its favor.
The European Union Represented By The European Commission v.Union Of India & Ors.
The European Union challenged the deemed abandonment of two patent applications (11123/DELNP/2012 and 3466/DELNP/2013) filed under Indian law. The Petitioner argued that despite procedural delays involving multiple patent agents, they had taken steps to respond to the First Examination Reports (FERs). Citing exceptional circumstances and observations from a Parliamentary Standing Committee regarding the inflexibility of abandonment rules, the Delhi High Court set aside the abandonment orders.
The European Union Represented By The European Commission v.Union Of India & Ors.
The European Union challenged the deeming abandonment of two patent applications (11123/DELNP/2012 and 3466/DELNP/2013) filed under the Indian Patents Act. The Petitioner argued that delays, stemming from changes in legal counsel and communication issues with the initial patent agent, led to the abandonment orders. Citing exceptional circumstances and observations from a Parliamentary Standing Committee regarding the inflexibility of the Patent Act, the Delhi High Court set aside the abandonment orders.
Proprietect L P v.The Controller Of Patents
Proprietect L P filed an appeal challenging the rejection of its patent application (No. 5706/DELNP/2011) by the Asst. Controller of Patents. The primary issue addressed in this order was the condonation of a significant delay in filing the appeal, which was ultimately granted.
Calvin Klein Trademark Trust v.Chardikla Accessories & Ors.
In the ongoing trademark dispute between Calvin Klein Trademark Trust and Chardikla Accessories, the Delhi High Court issued an order on February 24, 2023. The court noted that Defendant No. 4 expressed a willingness to settle the matter, similar to Defendants No. 1 through 3. Consequently, the case was listed for further proceedings and settlement discussions on April 6, 2023.
Indiabulls Housing Finance Ltd. v.Www.Indiabullsdhanifinance.Co & Anr.
The Delhi High Court ruled in favor of Indiabulls Housing Finance Ltd., finding that the defendant's website and domain name were engaged in trademark infringement, passing off, and unfair competition. The court found that the use of deceptively similar marks ('Indiabulls', 'Dhani') and identical get-up was designed to mislead customers into believing the fraudulent site was affiliated with the Plaintiffs. Consequently, the defendant was permanently restrained from using the infringing marks and their website operation was suspended.
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