IP Cases — 2022
934 decisions across all jurisdictions
Page 21 of 32 · 934 total
Getaround, Inc. v.Assistant Controller Of Patents And Designs
The appeal challenges the rejection of a patent application for "VEHICLE ACCESS CONTROL SERVICES AND PLATFORM" by the Patent Office, which cited two US patents (D5 and D6) on grounds of lack of inventive step. The appellant argued that their invention differs significantly from the prior arts, particularly regarding communication flow.
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.
Sun Pharma Laboratories Limited v.Vatave Health Care And Anr.
The Bombay High Court extended the existing ex-parte ad-interim orders in favor of Sun Pharma Laboratories Limited against Vatave Health Care. The court noted that despite being served, Defendants 1 and 2 continued to remain absent from the proceedings. Consequently, the interim relief granted for trademark infringement and passing off was maintained until further orders, allowing the Plaintiff time to proceed with their case.
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 lower court held that the High Court lacked jurisdiction because the cause of action did not arise wholly within its territorial limits, despite the appellant having a branch office in Uttar Pradesh. The Division Bench overturned this decision, asserting that Section 134(2) allows filing where the principal place of business is situated, and holding that the court had sufficient jurisdiction to proceed with the suit.
Bikanervala Foods Private Limited v.Saatvik Foods & Ors.
The Delhi High Court addressed a petition filed by Bikanervala Foods against Saatvik Foods, concerning the continued use of Bikanervala's concept and intellectual property after the termination of a franchise agreement. While the core dispute is subject to ongoing arbitration, the court issued interim directions. The respondents were specifically ordered to remove photographs installed during the franchise period and modify their menu format to differentiate it from Bikanervala's established standards.
Satnam Brush Industry v.Kori Brush Industries
The Delhi High Court ruled in favor of Satnam Brush Industry, decreeing the suit against Kori Brush Industries for trademark infringement and passing off. The court found that the defendant deliberately imitated the plaintiff's complete range of products, trade dress, packaging, and product codes, causing consumer confusion. Consequently, the defendant was restrained from further misuse and ordered to pay costs to the plaintiff.
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.
Gopal Krishan S/O. Sh. Mangat Rai v.The Registrar Of Trade Marks (Govt. Of India)
This writ petition was filed by Gopal Krishan seeking a direction from the High Court to expedite the registration of his trademark 'PANTHER' in Class 5. The petitioner highlighted that the application had been pending for an extended period since 2015. The court issued notices to the respondents, setting a timeline of six weeks for the matter to be returned, thereby moving the case forward.
New Bharat Overseas v.Kian Agro Processing Private Limited & Ors.
The Delhi High Court addressed a trademark infringement suit concerning the mark 'TAJ MAHAL' used for rice. While the plaintiff holds Indian registration, the court noted that a Saudi Arabian entity also possesses similar trademark rights in its country of origin. The court allowed both parties time to file detailed written statements and granted an undertaking from the defendant not to sell or distribute the product outside India and Saudi Arabia. Crucially, the court directed the plaintiff to array the foreign entity as a party, indicating that the matter requires further examination regarding international trademark rights.
Ds Intellectual Properties Pvt. Ltd. v.Mr. Faizi Khan
This Delhi High Court order addresses a trademark infringement suit filed by Ds Intellectual Properties Pvt. Ltd. against Mr. Faizi Khan regarding the use of similar marks, specifically '0'/'ZERO' versus '00', on respective products. The court noted the dispute over consumer confusion and directed the defendant to consider modifying their mark or label design. Crucially, the defendant was ordered to cease manufacturing fresh stock using the disputed marks pending further proceedings.
Dhyeya Educational Services Private Limited v.Dhyeya Ias Patna E Classes Centre & Ors
The Delhi High Court referred the trademark dispute between Dhyeya Educational Services Private Limited and Dhyeya Ias Patna E Classes Centre & Ors to mediation. The defendants indicated a willingness to settle the matter, stating they would cease using the impugned trademark in the future. This move signals an attempt by both parties to resolve the conflict outside of court through conciliation.
Jaskaran Singh v.Flipkart Internet Private Limited
The Delhi High Court addressed an appeal filed by Jaskaran Singh against Flipkart regarding alleged trademark infringement and counterfeiting of goods under the 'ANMEX' brand. The appellant sought an interim injunction to stop unauthorized third parties from selling counterfeit goods on the platform. While acknowledging the severity of the issue, the court disposed of the appeal with a crucial direction: Flipkart must provide the names, addresses, and email IDs of the alleged infringing 'more sellers/latch on sellers' within one week. This move allows the litigation to proceed by identifying the specific parties responsible for the infringement.
Hero Investcorp Private Limited & Anr. v.Sehgal Auto House Through Its Proprietor Mr. Sunil Sehgal
The Delhi High Court granted an ex-parte interim injunction in favor of Hero Investcorp Private Limited against Sehgal Auto House. The Plaintiffs alleged that the Defendant was engaged in the wholesale business of counterfeit spare parts using the HERO trademark and logo, infringing both trademark rights and copyright associated with packaging. The court authorized a Local Commissioner to search and seize all infringing products and related materials from the Defendant's premises.
A India Print House Through Its Partners Kunal Kapoor and Vibha Kapoor v.Pavan Bansal Trading As Bajrang Traders
The Delhi High Court granted an ex-parte ad-interim injunction in favor of A India Print House against Pavan Bansal Trading As Bajrang Traders. The Plaintiff alleged that the Defendant was deceptively using the identical trademark, trade-dress, and color scheme ('MERCURY') for playing cards, leading to a high likelihood of consumer confusion and passing off. The Court found that the Plaintiff had made out a prima facie case, concluding that the injunction was necessary to prevent irreparable harm while the suit proceeds.
Enlearn Education Pvt. Ltd. v.Indian Heritage School
The Delhi High Court granted interim relief to Enlearn Education Pvt. Ltd., who alleged that the defendant was infringing on their established use of the mark 'HERITAGE' in the education sector. The court found a prima facie case for confusion among students and parents due to the similarity of marks used by both parties. Consequently, the Defendants were restrained from opening any new educational institutions using 'INDIAN HERITAGE' or 'HERITAGE', and were ordered to cease using the name 'Indian Heritage World School' for their existing pre-school starting May 1, 2022.
Mahesh Gupta v.Deputy Registrar Of Trademarks & Anr
This Delhi High Court order addresses a writ petition filed by Mahesh Gupta challenging the Deputy Registrar's decision to dismiss his opposition against the trademark application 'KENT'. The core dispute revolves around whether the Petitioner abandoned their opposition due to repeated adjournments. While the Respondent argued that the Petitioner failed to appear and request adjournment properly, the Court granted an interim stay on the dismissal order pending production of the impugned order itself.
Cross Fit Llc v.Rtb Gym And Fitness Centre Through Its Proprietor Mr. Arun Sharma
The Delhi High Court addressed a trademark infringement suit filed by Cross Fit LLC against RTB Gym And Fitness Centre for using the identical mark 'CROSSFIT' in the fitness industry. Given that the defendant had failed to appear despite service, the court appointed a Local Commissioner. This commissioner is mandated to visit the premises, remove all infringing signage and advertisements, seize stock of materials bearing the disputed mark, and prepare an inventory report for the plaintiff.
PNB Vesper Life Science Pvt. Ltd v.The Controller General of Patents, Designs & Trademarks
PNB Vesper Life Science Pvt. Ltd challenged the Controller General of Patents' order that deemed its patent application, relating to novel Cholecystokini Receptor Ligands, as abandoned. The petitioner argued that the abandonment was based on procedural failures and clerical errors by agents, not due to lack of interest in the invention. The Madras High Court acknowledged the violation of timelines but emphasized principles of natural justice, ultimately restoring the application for fresh consideration.
Usha International Limited v.Mr Haseen Ahmed Trading As Tusha Sewing Machine Co
The plaintiff, Usha International Limited, filed a suit alleging that the defendant was adopting the deceptively similar mark 'TUSHA' in relation to sewing machines, infringing upon the plaintiff's well-known mark 'USHA'. The court granted an interim injunction and appointed a Local Commissioner to inspect and seize all infringing goods manufactured under the disputed marks.
M/S JK Lakshmi Cement Limited v.Raj Kumar Singla Trading As M/S Shiv Shakti Sanitary Store & Anr.
The Delhi High Court granted an interim injunction in favor of M/S JK Lakshmi Cement Limited against Raj Kumar Singla Trading As M/S Shiv Shakti Sanitary Store. The court found that the plaintiff had made out a prima facie case of trademark infringement, leading to the restraint on the defendants from using the 'JK Smart' mark for wall putty and related products. Furthermore, the Court appointed a Local Commissioner to seize infringing goods and inspect the defendant's accounts, reinforcing the immediate protective measures available in IP litigation.
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 Plc v.Mukesh
The applicants filed an interim application seeking the extension and granting of ad-interim injunctions against the defendants. The court granted temporary injunctions restraining the defendants from manufacturing or selling goods in the FMCG industry using counterfeit marks, pirated artwork, or trade dress deceptively similar to the plaintiffs' registered trademarks (VIM) and prior used trademarks (U-Logo, SURF/SURF EXCEL).
Shivnath Rai Harnarain India Ltd. v.Mr. Rakesh Kumar And Ors
In this trademark dispute, the Delhi High Court provided a final opportunity for the Plaintiff, Shivnath Rai Harnarain India Ltd., to formally include an assignee of the trademarks 'LALMAHAL' and 'SHRILALMAHAL' in the ongoing litigation. The court noted that the assignment occurred in 2018 and granted four weeks to file the necessary application. Failure to do so will result in the suit proceeding without the new party on record.
Sterlite Technologies Limited v.Hfcl Limited
The case involves a suit filed by Sterlite Technologies Limited against HFCL Limited for the infringement of their patent related to an optical fiber cable. The plaintiff seeks a permanent injunction to restrain the defendant from manufacturing and selling the allegedly infringing products.
Paras Ayurvedic Pharma Pvt.Ltd v.Salman Iqbal Ahmed Momin And Anr
Paras Ayurvedic Pharma Pvt.Ltd appealed against two lower court orders concerning a commercial IP suit alleging copyright infringement and passing off related to 'Roghan Sukoon Massage Oil'. The core dispute centered on whether the defendant's product copied the plaintiff's unique artistic work and brand elements, and whether the plaintiffs had sufficient knowledge of the alleged infringement. The Bombay High Court dismissed the appeal, upholding the lower court's decision that the plaintiffs were entitled to relief.
Otsuka Pharmaceutical Co Ltd v.The Controller Of Patents
Otsuka Pharmaceutical Co Ltd filed an appeal challenging the Controller of Patents' order rejecting Indian Patent Application No. 8198/DELNP/2013. The appellant argued that the notice of hearing failed to cite all relevant prior arts ('D2' and 'D3') which were used as grounds for rejection.
Star Sintered Products Ltd. v.Karan Bhutani
The Delhi High Court addressed an application related to trademark rectification between Star Sintered Products Ltd. and Karan Bhutani. The court noted that the defendant had withdrawn earlier applications seeking objections or rectification against the plaintiffs' trademarks. Consequently, the status of the plaintiff's marks was updated in the Registrar's records, removing references to prior objections. As a result, one specific interlocutory application (I.A. 2301/2021) was disposed of, while the court scheduled further hearings to consider the plaintiffs' claim for damages and other pending matters.
Novartis Ag v.Msn Laboratories Private Limited
Novartis filed a suit seeking permanent injunction against Msn Laboratories for alleged infringement of its patent (No. 237430) covering Inhibitors of Tyrosine Kinases, specifically related to the drug NILOTINIB/TASIGNA. The dispute arose from an Office Memorandum indicating that the Defendant was being considered by the Department of Pharmaceuticals for manufacturing this patented preparation.
M/s.Raymond Pharmaceuticals Pvt. Ltd. v.Union Of India
This Madras High Court judgment addressed a challenge by Raymond Pharmaceuticals Pvt. Ltd. against an order directing it to change its corporate name. The dispute centered on the use of 'Raymond,' which was claimed by another entity (Respondent 3) to be protected under trademark rights and prior incorporation dates. The court upheld the administrative decision, finding no illegality in requiring the petitioner to alter its name.
The Capital Group Companies, Inc v.Ashok Kumar & Ors
The Delhi High Court addressed a request by an intermediary (Defendant No. 11) seeking to modify its obligations under trademark infringement proceedings involving 'CAPITAL ONE.' The Court rejected the plea for extended compliance time, emphasizing that due to the nature of the case—which involves fraudulent ponzi/pyramid schemes proliferating on social media like Telegram—swift action is imperative. Consequently, the court reinforced the existing order, mandating Defendant No. 11 to take down infringing accounts within 72 working hours upon receiving a complaint from the Plaintiff.
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