IP Cases — 2022
744 decisions across all jurisdictions
Page 20 of 25 · 744 total
Apnatime Tech Private Limited And Anr. v.Anik Dev Nath And Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Apnatime Tech Private Limited against the defendants. The plaintiffs alleged that the defendants were passing off their services using a deceptively similar mark ('APNA JOBS') and infringing on their copyrighted website layout and user interface. Citing prima facie evidence, the court restrained the defendants from using the disputed mark and artistic works, while also directing domain name suspension and blocking to prevent further consumer confusion and irreparable harm.
Pandrol Limited & Anr. v.Patil Rail Infrastructure Pvt. Ltd. & Others
The Delhi High Court granted several interim reliefs in favor of Pandrol Limited, who filed a suit alleging infringement of its copyright and trademark. The court exempted the plaintiffs from pre-litigation mediation due to the urgency of the matter. Crucially, the court allowed an ex-parte ad-interim injunction by appointing a Local Commissioner with broad powers to seize infringing products and gather evidence from the defendants' premises.
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.
Vivek Kochher & Anr v.Kyk Corporation Ltd & Ors
The Delhi High Court addressed an appeal challenging a judgment that had partially allowed a counter-claim by Kyk Corporation, granting it permanent injunctions. The court found that while the Intellectual Property Appellate Board's (IPAB) findings were dispositive regarding trademark registration, they did not address Kyk Corporation's core claim of passing off. Consequently, the High Court set aside the granted injunctions and remanded the matter to the Single Judge to specifically consider Kyk Corporation's claim for passing off based on the existing evidence.
Saint-Gobain Glass France v.M/s.Harsha Exito Engineering (P) Ltd.
The suit was filed by Saint-Gobain Glass France (through its Indian subsidiary) against M/s.Harsha Exito Engineering for infringement of Suit Patent No.305596, which covers a system and method for installing glass panels. The Plaintiff sought permanent injunction, delivery up of infringing products, and damages. The Court found the Plaintiff to be the proprietor and decreed the suit in favor of the Plaintiff.
M/S Ayush Aqua System v.Union Of India
The Delhi High Court allowed the appeal filed by M/S Ayush Aqua System against the rejection of its trademark 'ZENKO' in Class 11. The court found that despite a cited mark ('ZENCO') existing for related goods, the goods applied for were sufficiently distinct. Consequently, the application was directed to be advertised before acceptance, provided the appellant restricts itself to the applied-for goods and does not manufacture products covered by the cited mark.
Malabar Cements Limitd v.Drawing And Disbursing Officer, The Office of the Trademarks Registry; The Registrar of Trademarks
The Madras High Court allowed Malabar Cements Limited's Writ Petition, setting aside an earlier rejection order from the Trademarks Registry. The court ruled that a Notice of Opposition filed against Trademark Application No 427808 fell within the prescribed window for filing opposition, based on a public notice issued by the Controller General of Patents, Designs & Trademarks. Consequently, the respondents agreed to accept and record the opposition upon re-submission within three weeks.
Enlearn Education Private Limited & Anr. v.Sd Memorial Education And Welfare Society & Anr.
The Delhi High Court addressed an injunction application filed by Enlearn Education Private Limited against Sd Memorial Education Society concerning the use of the mark 'HERITAGE'. The court found prima facie grounds for intervention, noting that the Defendants adopted a similar name ('THE HERITAGE PRIDE MODERN SCHOOL') after being aware of the Plaintiffs' established trademark rights. Consequently, the Court issued an immediate directive restraining the Defendants from opening any further schools incorporating the word 'HERITAGE' or applying for recognition under that name. The court reserved the final decision on interim relief regarding the existing school until proper notice was served.
Bayer Pharma Aktiengesellschaft v.The Controller Of Patents
Bayer Pharma Aktiengesellschaft filed an appeal challenging the Controller of Patents' order dated October 29, 2021. The original rejection was based on non-patentability under Section 3(c) of the Patents Act, 1970, and lack of clarity.
Dys Impex Private Limited v.State Of West Bengal
The petitioners, manufacturers of battery operated electric cycle rickshaws, challenged the refusal by authorities to register their vehicles based on a patent injunction. The court examined whether the subsequent modification and vacation of the original injunction made the private respondent's restraint valid. The court held that the initial injunction was modified and found the patent invalid, thus directing the authorities to proceed with registration.
Smt Supriya Shrinate v.M/S Mrt Music Ors.
This Commercial Appeal challenged an ex-parte order passed by the trial court, which directed the removal of links and blocking of social media handles belonging to political parties and associated entities. The plaintiff, M/S MRT Music, alleged copyright infringement when videos from a national political party's yatra used music similar to their film soundtrack (KGF Chapter-2). The Karnataka High Court partially allowed the appeal, setting aside the restrictive injunction orders but mandating that all involved parties remove the offending content from social media platforms. The matter was then remitted back to the trial court for fresh consideration.
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.
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.
Raman Kwatra & Anr. v.Kei Industries Limited
The Delhi High Court overturned an interim injunction that had restrained Raman Kwatra & Anr. from using a similar trademark, 'KEI', in relation to electrical goods. The court found merit in allowing the matter to proceed further, specifically directing the lower court to examine the respondent's claim of infringement under Section 29(4) of the Trade Marks Act. This decision highlights the importance of correctly framing the legal basis for trademark infringement claims during interim proceedings.
Nippon A&L Inc. v.The Controller Of Patents
Nippon A&L Inc. appealed a rejection order by the Deputy Controller of Patents regarding its application for a copolymer latex process and product. The Patent Office had raised objections concerning inventive step, non-patentability under Sections 3(d) and 3(e), and lack of clarity in claims. The High Court focused specifically on the objection related to claim amendments. The court ruled that since the Appellant was narrowing the scope of the claims and the process sought was disclosed in the specification, the amendments were valid under Section 59.
Chugai Seiyaku Kabushiki Kaisha v.Hetero Labs Limited
The Plaintiffs filed a suit seeking permanent injunction and damages against the Defendants for infringing Indian Patent No. 294424, which covers the tetracyclic compound Alectinib used in cancer treatment. The dispute centered on whether the Defendant's import and use of Alectinib Hydrochloride were commercial infringements or activities permitted under Section 107A (Bolar provision) for research and regulatory purposes.
Macleods Pharmaceuticals Ltd v.The Controller Of Patents & Anr.
The court addressed two matters concerning the revocation of Indian Patent No. 243301, which covers the compound Linagliptin. The proceedings involved procedural steps such as treating a plaint as a petition and returning counter statements under objections.
Unilever Plc. v.Ashok Kumar
The court heard an interim application filed by Unilever Plc. seeking amendments to its suit plaint and related petitions. The Plaintiffs sought to incorporate additional impugned marks and parties into the case title based on new information received from a Court Receiver's Report. The court allowed the amendments and continued the existing exparte ad-interim order.
Patola Industries v.Mahesh Namkeen Pvt Ltd & Ors
The Delhi High Court directed the parties, Patola Industries and Mahesh Namkeen Pvt Ltd & Ors, into mediation regarding trademark disputes. The petitioner had submitted that they ceased using their trademark, while the respondent sought a permanent injunction against the use of similar marks for namkeens and snacks. Despite differing views on settlement, the court prioritized resolving the dispute amicably by mandating appearance at the Mediation Centre.
Unilever Plc. And Anr. v.Vikas
This interim application sought to continue and grant further ad-interim relief against the defendant, Vikas. The court reviewed the findings of the Court Receiver regarding additional infringing goods and permitted amendments to the plaint. Consequently, the court ordered the continuation of the exparte ad-interim injunctions.
Unilever IP Holdings B.V. v.Ruchi Ice Cream
The Commercial IP Suit filed by Unilever IP Holdings B.V. against Ruchi Ice Cream regarding an impugned mark was ultimately settled between the parties. The court accepted the Consent Minutes of Order and disposed of the suit, decreeing it in terms of the original plaint's prayers.
FMC Corporation v.Insecticides India Limited
The case involves FMC Corporation and others against Insecticides India Limited regarding patent infringement. The defendant has indicated they will not launch a product until certain patents expire.
Levi Straus & Company v.Sunil Yadav
The plaintiff, Levi Strauss & Company, filed a suit against Sunil Yadav for the clandestine manufacturing, storing, and selling of jeans and accessories bearing falsified trademarks identical or deceptively similar to 'Levi's', 'Two Horse logo', and 'Arcuate Stitching Design'. The court found that the defendant was blatantly infringing the registered trademarks and passed a decree in favor of the plaintiff.
Victoria Foods Private Limited v.Rajdhani Masala Co. & Anr.
The Delhi High Court addressed allegations of trademark infringement concerning the 'RAJDHANI' mark used for spices. While initially granting an interim injunction favoring Victoria Foods based on registration and prima facie evidence, the court subsequently heard a contempt application alleging continued violation by the defendants. Following a Local Commissioner's report detailing ongoing production post-injunction, the Court sealed the defendant's factory and ordered detailed inspections to assess compliance and potential misuse of goods.
M/S Reflect Sculpt Private Ltd. v.Swati Narula
M/S Reflect Sculpt Private Ltd. successfully obtained an interim injunction from the Delhi High Court against Swati Narula in a copyright infringement suit concerning unique artistic garments. The court recognized the Plaintiff's rights over its distinctive designs and granted permission for a Local Commissioner to conduct a search and seizure operation at the Defendant's premises. This decisive order allows the Plaintiff to gather evidence of alleged counterfeiting, paving the way for further litigation against the infringer.
Somesh Choudhary v.Knight Riders Sports Private Limited
The appellant, Somesh Choudhary (a shareholder), appealed an order admitting an application filed by Knight Riders Sports Pvt Ltd (the operational creditor) under the Insolvency and Bankruptcy Code (IBC). The core dispute was whether the non-payment of Minimum Guaranteed Royalties for using the KKR trademark on licensed products constituted an 'operational debt'.
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.
Indulge Sign And Graphics v.Commissioner, Customs-New Delhi
The appellant challenged the confiscation and penalty imposed by the Adjudicating Authority on imported LED Module Lights bearing the 'Samsung' brand. The core dispute revolved around whether the goods were counterfeit and if the customs department followed the strict procedural timelines mandated by the IPR Enforcement Rules, 2007.
Republic Technologies (Na) Llc v.Vipin Pathak Trading As M/S Pathak Impex
The Delhi High Court addressed a suit filed by Republic Technologies against Vipin Pathak regarding the alleged infringement of the 'OCB' trademark and copyright related to smoking accessories. While the court noted that the defendant acknowledged the plaintiff's rights, it also accepted the defendant's willingness to change their logo and mark. Consequently, an existing interim order was made absolute, while the matter was scheduled for further hearing after the defendant presented proposed changes.
The Regents of the University of California v.Controller General of Patents, Designs & Trademarks & Anr.
The Regents of the University of California filed an appeal challenging the rejection of their patent application, No.10336/DELNP/2013, titled "Blockade Of Inflammatory Proteases With Theta - Defensins." The initial rejections were based on objections under Section 2(1)(ja) and non-patentability under Section 3 of the Patents Act, 1970. After subsequent amendments, the application was rejected again under S. 59 r/w S.15. This order sets out procedural directions for the parties to file replies and written submissions before the next hearing.
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