IP Cases — 2022
934 decisions across all jurisdictions
Page 23 of 32 · 934 total
Dr. Sapna Nangia v.The Assistant Controller of Patents and Designs
Dr. Sapna Nangia filed an appeal challenging the Assistant Controller of Patents and Designs' order dated January 29, 2021. The original patent application (No. 201911010599) for a device and process was rejected primarily on the ground of lacking inventive step.
Merck Sharp & Dohme Corp v.Sanjeev Gupta
The commercial suit for patent infringement concerning Sitagliptin (protected by IN 209816) was settled between Merck Sharp & Dohme Corp and Sanjeev Gupta & Ors. The Defendants acknowledged the validity of the patent and agreed to cease all infringing activities, including manufacturing generic versions, until the patent expires.
Kewal Ashokbhai Vasoya And Another v.Suarabhakti Goods Pvt Ltd
This Commercial Appeal before the Bombay High Court addressed challenges raised by the original defendants against a time-limited, ad-interim injunction and court receiver appointed by the plaintiff. The suit itself was a trademark infringement action combined with passing off. The bench focused primarily on clarifying legal principles regarding applications made without notice to the opposing party.
Chugai Seiyaki Kabushiki Kaisha & Anr. v.MSN Laboratories Private Limited
The Plaintiffs filed a suit seeking permanent injunction against MSN Laboratories Private Limited for infringing Indian Patent No. 294424, which covers the tetracyclic compound 'Alectinib'. The Defendant initially claimed research use only, but subsequently provided an affidavit undertaking not to commercially launch Alectinib until the patent expires or is found invalid. The court accepted these undertakings and decreed the suit.
Livspace Pte. Ltd. v.Livspace-Reviews.Com & Ors.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Livspace Pte. Ltd., directing the blocking of the domain name www.livspace-reviews.com. The court found that the defendant's website, which used a similar mark and contained derogatory reviews, was operating clandestinely to damage Livspace's business reputation. Furthermore, the Court mandated regulatory bodies (DoT and MEITY) to enforce the block and ordered a detailed investigation by the Cyber Crime Unit into the domain's ownership.
Sandisk Llc v.Patel Mobile Accessories And Anr
The Delhi High Court allowed Sandisk LLC's application to amend its suit, permitting the impleadment of three additional parties—Shree Mataji Mobiles, Target Telecom, and Paravathi Telecom. These entities were identified as selling and marketing counterfeit products bearing Sandisk's registered trademarks. The court granted the amendments sought by the plaintiff, allowing the case to proceed against a broader set of alleged infringers.
Electronica Semiconductors Pvst Ltd v.Naveen Goel And Anr.
The Delhi High Court issued procedural orders in the trademark opposition proceedings involving Electronica Semiconductors Pvt Ltd against Naveen Goel and others. The court directed the parties to cure registry objections, provide necessary documentation, and file consolidated briefs of submissions within specified timelines. This order sets the stage for further substantive arguments regarding the trademark dispute.
Vijay Baweja Proprietor Of Ms Vijay Auto Sales v.Ajay Baweja Trading As Ajay Auto Spares & Anr.
The Delhi High Court addressed a rectification petition filed by Vijay Baweja against Ajay Baweja concerning the trademarks 'AIRGOLD' and 'AIR GOLD (Device)'. The court accepted the petitioner's application to summon the original records related to these marks from the CGPDTM. The core dispute revolves around the joint ownership of the mark, which was subsequently assigned exclusively by the respondent without obtaining a necessary No Objection Certificate (NOC) from the petitioner.
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.
M/S Blue Heaven Cosmetics Private Limited. v.Deepak Arora & Anr.
The Delhi High Court ruled in favor of M/S Blue Heaven Cosmetics, ordering the cancellation and rectification of a conflicting trademark registered by Deepak Arora ('MARC HEAVEN'). The court found that 'MARC HEAVEN' was deceptively similar to the Petitioner's established mark 'BLUE HEAVEN,' particularly due to the appropriation of the dominant feature 'Heaven.' Citing Sections 9 and 11 of the Trade Marks Act, the judgment held that the Respondent's registration lacked distinctive character and caused public confusion.
Messrs Shree Ghantakaran Pipes Pvt Ltd v.Mr Pushpinder Garg & Ors / Super Impex and Anr.
The Delhi High Court addressed multiple facets of the trademark dispute involving 'MONICA GOLD' and 'MONICA PRIME'. In the infringement suit, the court allowed an application to appoint a Local Commissioner to inspect the defendants' premises and inventory infringing goods. Separately, the court initiated proceedings for the rectification of the mark 'Monica Prime', issuing notices to the respondents. The overall matter remains active with interim orders in place.
All India Patent Officers Welfare Association v.Union Of India & Ors
The All India Patent Officers Welfare Association filed a petition alleging that the Controller General of Patents, Designs and Trademarks (CGPDTM) unlawfully provided access to sensitive, unpublished trademark and patent application data to a private multinational company. The petitioner argued this access lacked necessary checks and balances. The Delhi High Court accepted the petition and directed an investigation into the matter, setting a timeline for the respondents to file their reply.
Hindustan Unilever Ltd v.Vim Industries Ltd
Hindustan Unilever Ltd filed an interim application seeking continuation and reinforcement of an exparte ad-interim order. The court found that a case for passing off was made out, specifically concerning the use of marks VIM, SURF, and the Splat device in relation to cleaning products.
Travellers Exchange Corporation Limited v.Celebrities Management Private Limited
The Delhi High Court permitted the plaintiffs, Travellers Exchange Corporation Limited, to amend their plaint in a trademark infringement suit against Celebrities Management Private Limited. The amendment sought to elaborate on the grounds for territorial jurisdiction under Section 134 of the Trade Marks Act, specifically by adding details about the defendant's online presence and targeting of Delhi consumers. The court allowed the amendment, noting that it was intended only to buttress the jurisdictional plea, and directed that the challenge regarding lack of jurisdiction would be considered on merits after the amendment.
Glaxo Group Limited v.Glenmark Pharmaceuticals Limited
The suit was filed by Glaxo Group Limited seeking rendition of accounts and recovery of money against Glenmark Pharmaceuticals Limited concerning Patent No. IN212714. The parties subsequently reached an amicable settlement, which the Court accepted and decreed the suit in terms of that agreement.
Dr.Reddys Laboratories Limited v.Combitic Global Caplet Pvt Ltd
In this Delhi High Court order, Dr.Reddys Laboratories Limited sought time to challenge the validity of a trademark registered by Combitic Global Caplet Pvt Ltd. The court allowed the application and granted an adjournment of three months. This procedural step allows the plaintiff to formally apply for the rectification of the defendant's trademark registration before the IP Division.
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.
Saga Lifesciences Limited v.Aristo Pharmaceuticals Pvt. Ltd.
In a trademark infringement suit concerning the brand 'ULTRAMOL', the Delhi High Court recognized Saga Lifesciences Limited as the prior adopter and user of the mark for pharmaceutical preparations. Despite initial procedural applications being disposed of, the court appointed a Local Commissioner to inspect the premises of Aristo Pharmaceuticals Pvt. Ltd. The commissioner is tasked with inventorying products bearing both 'ULTRAMOL' and 'ARISTO ULTRAMOL', and critically, examining the sales accounts of the defendant to assess the scope of alleged infringement.
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.
Avery Dennison Corporation v.Controller Of Patents And Designs
Avery Dennison Corporation appealed a decision by the Controller of Patents and Designs which refused to grant a patent for 'Notched Fastener' due to lack of inventive step. The Appellant argued that the specific features (notch creation, position, shape, direction) provided a technical advancement over prior art documents D2 and D3. The Court ultimately allowed the appeal, finding that the invention satisfied the test of inventive step.
M/S Jindal (India) Limited v.M/S Spectrum Metal Profiles Through Its Partners Rakesh Gandhi and Vinay Gandhi
The Delhi High Court granted an interim injunction in favor of M/S Jindal (India) Limited against M/S Spectrum Metal Profiles. The court found that the defendant was using deceptively similar marks, such as 'JINDAL ROOFING SYSTEM' and 'JINDAL RANGOLI,' on roofing sheets, which infringed upon Jindal's registered trademarks like 'JINDAL SABRANG.' Recognizing a prima facie case and irreparable harm to Jindal's reputation, the court immediately restrained the defendant from selling or advertising goods using these infringing marks.
Sahajanand Technologies Private Limited v.Galatea Limited
Sahajanand Technologies Private Limited approached the Gujarat High Court seeking procedural directions concerning an ongoing Trademark Suit. The petitioner specifically relied upon Section 104 of the Patents Act, 1970, to influence the trial court's proceedings regarding a Counter Claim (Exhibit 28). After mutual consent from both parties, the High Court disposed of the petition while directing the Trial Court to decide Exhibit 28 within four weeks.
M/S Oswal Premium Silk Mills Ltd & Ors v.Swadesh Raiment Pvt Ltd
The Punjab-Haryana High Court dismissed the appeal filed by M/S Oswal Premium Silk Mills Ltd, upholding the trial court's decision regarding the usage of the trademark 'OSWAL'. The dispute centered on whether the appellants had the right to continue using the mark after a specific period. The court found that the defendant's claim based on the deed of assignment (valid for 15 years) was valid and the memorandum of understanding did not override this limitation, thus favoring the respondent.
Rishabh Jain v.The Registrar Of Trade Marks
The Delhi High Court addressed the petition filed by Rishabh Jain against The Registrar of Trade Marks. Despite multiple notices and previous hearings, key procedural steps remained incomplete, notably the service report and the required affidavit from the Respondent regarding notice of opposition. Consequently, the court directed the petitioner's counsel to inform the opponent of the orders and scheduled the matter for July 5, 2022, pending the filing of the necessary affidavit.
Premier Nutritions Privat Limited v.Amit Product A Proprietary Connern
The Delhi High Court granted an interim injunction in favor of Premier Nutritions Privat Limited against Amit Product A Proprietary Connern, finding that the defendant's use of 'DOODH MANTHAN' was deceptively similar to the plaintiff's registered trademark 'MANTHAN/PREMIER MANTHAN'. Furthermore, the court allowed the appointment of a Local Commissioner to conduct an inventory and seize infringing products, reinforcing the immediate protection available to IP holders facing market imitation.
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.
Ravinder Singhania v.Union Of India & Anr.
Ravinder Singhania filed a writ petition challenging the validity of certain provisions related to patents. Since one of the reliefs sought involved questioning the legal validity (vires) of Section 21(1) of the Patents Act, 1970 and Rule 24B(2)(i) of the Patents Rules, 2003, the court ordered the matter to be listed before a Division Bench.
Unilever Ip Holdings B.V. v.New Parle Ice Cream
The suit was filed by Unilever IP Holdings B.V. against New Parle Ice Cream concerning an IP matter. The parties subsequently reached a settlement, which was formally recorded and accepted by the Bombay High Court on September 28, 2022.
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.
Raj Kumar Sharma v.Sandeep Kumar & Anr.
The Delhi High Court addressed several interconnected trademark disputes concerning the 'Pizza Galleria' brand between Raj Kumar Sharma and Sandeep Kumar & Anr. The court first resolved a factual contradiction regarding an MoU, accepting that the date should be 25th March 2018 instead of 9th June 2021. Furthermore, all applications seeking a stay on trademark registrations were dismissed as withdrawn by the Petitioner. Despite these procedural steps, the Court noted significant gaps in documentation and directed Respondent No.1 to file a comprehensive additional affidavit within six weeks.
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