IP Cases — 2022
744 decisions across all jurisdictions
Page 16 of 25 · 744 total
Vifor (International) Ltd v.Hetero Healthcare Limited
Vifor (International) Ltd filed suit against Hetero Healthcare Limited alleging infringement of its patented drug, FERRIC CARBOXYMALTOSE. Vifor contended that Hetero was preparing to launch a generic version under the brand HETROFER, which infringed upon their exclusive patent rights for treating iron deficiency anaemia. The Delhi High Court examined the prima facie case and balance of convenience presented by the Plaintiffs.
Ved Prakash Soni v.Vidya Prakashan Mandir Pvt. Ltd & Anr.
The Delhi High Court addressed several applications in the trademark dispute between Ved Prakash Soni and Vidya Prakashan Mandir Pvt. Ltd. The court allowed an exemption application while simultaneously issuing notice to the respondents regarding the main suit. Both parties were directed to exchange necessary documentation, with a timeline set for filing replies and rejoinders, indicating that the substantive litigation is proceeding.
Emaar Properties Pjsc v.Address Infrastructures Private Limited
Emaar Properties filed a suit against Address Infrastructures Private Limited alleging trademark infringement regarding the use of 'ADDRESS' and 'THE ADDRESS' in real estate projects. The Delhi High Court issued an ad interim order, allowing the Defendant to continue operating its existing projects under the disputed name. However, the court imposed a strict condition: any future expansion or new project using the word 'Address' must first seek explicit leave from the Court, balancing the Plaintiff's transborder reputation claims against the Defendant's established business operations.
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.
Neetu Singh v.Telegram Fz Llc
Neetu Singh and K.D. Campus Pvt. Ltd. filed a suit alleging that their copyrighted course materials, lectures, and books were being illegally disseminated through various Telegram channels. Despite initial takedown requests to Telegram Fz Llc, the infringement continued with new channels appearing daily. The plaintiffs subsequently sought discovery of the identity of the operators running these infringing channels. The Delhi High Court addressed this application by directing Telegram to disclose detailed information regarding the devices, IP addresses, and operators responsible for uploading the copyrighted material.
Maruti Air Couriers & Cargo Pvt. Ltd. v.Ram Singh Rathore & 9 Ors.
The plaintiffs filed an interim application alleging that their former franchisees (Defendants nos. 1 to 9) and a newly incorporated entity (Defendant no. 10) were continuing to use the original artistic label and name of 'Maruti Air Couriers' on consignment notes and trade documents after the termination of their franchise agreements. The plaintiffs claimed this constituted copyright infringement and passing off.
Hygienic Research Institute Private Ltd. v.Amit Saini & Ors.
The Bombay High Court granted an ad-interim injunction in favor of Hygienic Research Institute Private Ltd. against Amit Saini & Ors. The court found sufficient grounds, based on prior ex-parte findings, to establish a case for passing off and trademark infringement. This interim order prohibits the defendants from copying or counterfeiting the plaintiff's 'STREAX PROFESSIONAL DEVELOPER' products or using deceptively similar marks like 'STREAX,' thereby preventing them from misrepresenting their goods as those of the plaintiff.
L'OREAL v.Haridas Pa
The plaintiff, L'Oreal, filed a suit seeking permanent injunction against the defendants for infringing its trademarks ('L'OREAL', 'L'OREAL PROFESSIONNEL', 'L'OREAL PARIS') and passing off. The court found that the defendants were using deceptively similar marks (LOERA, LORA) in relation to beauty care products and services, leading to a decree in favor of the plaintiff.
Inventio Ag And Anr v.Schneider Elevator India Pvt. Ltd. And Anr.
The Delhi High Court granted an ad interim ex-parte injunction in favor of Inventio Ag And Anr. against a newly formed company, VDMIL Elevator India. The court found that this new entity was being used to circumvent existing trademark injunctions previously passed against the original defendants (Schneider Elevator). The order restrains the proposed defendant from using marks or logos deceptively similar to the plaintiff's registered trademarks and from mimicking the plaintiff's website look and feel.
M/S Subros Educational Society v.Union Of India
The Delhi High Court allowed an appeal filed by M/S Subros Educational Society against the refusal of registration for its trademark 'SBS World School'. The court found that the Registrar failed to properly consider the Appellant's existing registrations for similar marks under 'SBS' in Class 41. Consequently, the refusal order was set aside, and the matter was remanded back to the Registrar of Trademarks for fresh consideration.
EDUSPARK INTERNATIONAL PRIVATE LIMITED v.LAXMI PUBLICATIONS PRIVATE LIMITED
In this trademark infringement matter, the Delhi High Court issued an order directing the defendant, Laxmi Publications Private Limited, to take proactive measures regarding the disputed mark 'VIBGYOR'. The court noted that the defendant had taken down references to the trademark from its website and Facebook page and communicated with distributors to cease sales. The defendant was subsequently directed to file a detailed affidavit within three weeks outlining all compliance steps taken.
M/S. Simpson & Company Limited v.Shri Rhythm Agarwal
M/S. Simpson & Company Limited appealed a judgment that had dismissed its suit against Shri Rhythm Agarwal for trademark infringement and passing off related to 'Radisson Paints'. The core dispute revolved around the territorial jurisdiction, with the respondent arguing the suit should have been filed in Uttar Pradesh where they operated. The High Court ultimately ruled in favor of the appellant, holding that despite the defendant's arguments, the court possessed the necessary jurisdiction under Section 134(2) of the Trade Marks Act to try the matter.
WHITEHAT EDUCATION TECHNOLOGY PRIVATE LIMITED v.MS KANISHK ENTERPRISES & ANR.
This Delhi High Court order addressed a petition for the rectification of a registered trademark. While the substantive issues were not decided on this date, the court focused on procedural matters. The court noted that the Vakalatnama for Defendant No. 1 was missing from the record and directed steps to be taken to place it on file. The matter has been listed for further hearing.
Vintage Distillers Limited v.Ramesh Chand Parekh
The Delhi High Court granted a temporary injunction in favor of Vintage Distillers Limited against Ramesh Chand Parekh regarding their alcoholic beverage brands. The court found that the Defendant's use of 'DHOLA THARU' was deceptively similar to the Plaintiff's established trademark 'DHOLA MAARU'. Furthermore, the court recognized infringement not only under trademark law but also under copyright law due to the slavish imitation of the Plaintiff's artistic label design and trade dress. This interim order protects the Plaintiff's goodwill while the main suit proceeds.
3D Systems Incorporated v.The Controller Of Patents
3D Systems Incorporated filed an appeal challenging the rejection of its patent application (No. 201717015945) by the Assistant Controller of Patents & Design on grounds of lack of inventive step. The High Court issued notice and directed the respondent to file written submissions.
Six Continents Hotels, Inc. v.Karan Holiday Inn Private Limited & Anr
In this ongoing trademark dispute, the Delhi High Court noted that while the defendant had largely removed the disputed mark from various sources, some instances persisted on third-party websites. The court allowed the plaintiff to issue notices to these specific sites demanding the takedown of the infringing trademarks and associated photographs. Furthermore, the parties were directed to continue mediation proceedings, indicating a potential path toward an amicable settlement.
M/s.R.K.Ganapathi Chettiar v.Kothai Dairy Farm
M/s.R.K.Ganapathi Chettiar filed a suit against Kothai Dairy Farm and others alleging infringement of their trademarks and copyrights concerning the product 'ghee'. The plaintiff claimed that the defendants were passing off goods using deceptively similar artistic works, trade dress, and color combinations associated with the plaintiff's registered trademark (No. 463167). Despite the initial claims for injunctions and damages, the parties ultimately resolved their dispute by entering into a Joint Compromise Memo dated March 21, 2022.
Zydus Wellness Limited v.Mis. Siddhi Margarine Specialities Limited
This Delhi High Court order addresses a suit previously decreed between Zydus Wellness Limited and Mis. Siddhi Margarine Specialities Limited. Following an amicable resolution, both parties had deposited funds with the DHCBA Pandemic Relief Fund. The court noted compliance regarding deposits and stock statements. Crucially, the court directed the Registrar of Trademarks to process the modification/alteration forms filed by Defendant No.1 concerning their registered marks.
Philips Lighting Holding B.V./Signify Holding BV v.Jai Prakash Agarwal And Anr.
This Delhi High Court judgment addresses applications concerning the infringement of registered designs related to LED lighting products. The court considered claims regarding Design Registration No. 299147 (T-Bulb) and others, where the plaintiff sought an interim injunction against the defendants. While the court noted the existence of similar products in the market, it denied the ad-interim injunction due to the lack of action against other competitors. However, for Design Registration No. 247723, the defendant was directed to file regular sales accounts.
Gsp Crop Science Private Limited v.Fmc Agro Singapore Pte Ltd.
The court heard several applications filed by Gsp Crop Science Private Limited, including an application seeking interim injunction and discovery. The Petitioner sought protection against the Respondents interfering with its business related to the process claimed in patent IN 252004.
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.
Usha International Limited v.Tarun Arora Trading As Krishan Enterprises
Usha International Limited filed a suit seeking permanent injunction against Tarun Arora for trademark infringement concerning sewing machines. The Delhi High Court examined the plaintiff's claim, noting Usha's long-standing use of the mark 'USHA' since 1936 and its status as a well-known mark. Finding that the defendant was using the deceptively similar mark 'WSHA', the court granted an interim restraint order, preventing the defendant from using the infringing marks until further proceedings.
Dr. Reddy's Laboratories Limited & Anr. v.The Controller Of Patents & Ors.
This judgment addressed an application seeking dismissal of a patent revocation petition on the ground that it was barred by limitation. The court examined Section 64 of the Patents Act and the concept of a 'person interested'.
Ms Shivam Hardware Store v.Ms Century World
The Delhi High Court upheld an interim injunction granted by the Commercial Court in favor of Ms Century World against Ms Shivam Hardware Store. The dispute centered on the use of the mark 'SHIVAM CENTURY,' which was deemed deceptively similar to Ms Century World's registered marks, including 'CP CENTURY.' Despite arguments that 'CENTURY' is a common word, the court found that the prominent inclusion of this term in both marks, coupled with the similarity of goods and lack of justification for the appellant's use, warranted protection of the respondent's goodwill. Consequently, the appeal was dismissed.
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.
Dr.S.Chandralekha / M/s.Iswarya Fertility Services Pvt. Ltd. v.Dr.Aravind Chander
The Madras High Court addressed applications filed by the defendant, Dr. Aravind Chander, challenging the jurisdiction and maintainability of a trademark infringement suit brought by Dr. S. Chandralekha and M/s. Iswarya Fertility Services Pvt. Ltd. The court rejected arguments regarding lack of territorial jurisdiction, finding that the plaintiff could establish personal work for gain in Chennai under Section 134(2) of the Trade Marks Act. Furthermore, the court ruled that the non-joinder of a related entity was not fatal to the suit's maintainability.
New Balance Athletics Inc. v.Ashok Kumar Trading As WWW.SASTAJOOTA.COM & ORS.
The Delhi High Court granted an ad-interim injunction in favor of New Balance Athletics Inc. against Ashok Kumar Trading As WWW.SASTAJOOTA.COM & Ors., finding a prima facie case of trademark infringement. The court recognized that the defendants were operating websites offering footwear bearing New Balance's mark without authorization, leading to apprehension of counterfeit goods. Consequently, the court ordered the immediate deactivation and blocking of the infringing websites.
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.
Cnh Industrial (India) Pvt. Ltd v.Tirth Agro Technology Pvt. Ltd
The case involves a dispute over the cancellation of registered designs related to agricultural technology. The Defendant's application for cancellation of the designs was allowed, leading to appeals by the Plaintiff.
Wipro Enterprises Limited v.Zydus Wellness Products Limited
Wipro Enterprises Limited filed a suit against Zydus Wellness Products Limited and others alleging passing off concerning its glucose-based chewy tablet brand, BOLTS, versus the defendants' product under the mark VOLT. The plaintiff sought permanent injunctions regarding trademark infringement, tag line similarity, and packaging get-up. While initial prayers related to the tagline and color scheme were dropped due to prior compromises, the core dispute over the 'VOLT' mark remained central. The court ultimately directed the defendants to pay costs to the plaintiff.
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