IP Cases — 2022
934 decisions across all jurisdictions
Page 25 of 32 · 934 total
Lifestyle Equities C.V. And Ors. v.Amazon Sellers Service Private Limited & Anr.
The Delhi High Court rejected a motion filed by Amazon Sellers Service Private Limited seeking rejection of the trademark infringement suit on grounds of lack of jurisdiction. The court held that since the Plaintiffs alleged they have physical stores and their licensees' websites target consumers in Delhi, a valid cause of action exists within the territorial limits of India. This ruling allows the core litigation regarding the use of the Beverly Hills Polo Club trademarks to move forward.
Medal Electronics Private Limited v.M/S Goldmedal Electricals Private Limited
The Delhi High Court addressed an appeal filed by Medal Electronics challenging an ex parte interim injunction granted against them in a trademark dispute. Despite arguments regarding prior use and alleged acquiescence, the appellants chose to withdraw their appeal. The court dismissed the appeal but granted liberty for the appellants to file appropriate applications before the Trial Court, urging the lower court to expedite the decision on the interim injunction application.
Commissioner of Service Tax, Delhi-II v.M/s. Future Brands Ltd
The Commissioner of Service Tax appealed against an order that dropped show cause notices alleging non-payment of service tax on the 'right to use' component of a Trademark License Agreement for the brand 'Ajile'. The Tribunal examined whether the exclusive nature of the license qualified as a 'deemed sale' under constitutional provisions. It ultimately held that since the license was exclusive, it fell within the meaning of 'transfer of right to use,' and thus service tax could not be levied.
M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.
In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.
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.
Shivan Ramachandran & Anr. v.Madhur Sharma
In this commercial suit concerning trademark infringement, the Delhi High Court issued several orders on May 27, 2022. The court allowed the plaintiffs to file additional documents while simultaneously accepting a significant undertaking from the defendant. The defendant agreed to withdraw pending trademark applications and cease all sales of the disputed products, providing an affidavit detailing existing stock and past sales figures.
Ischemix Llc v.The Controller Of Patents
Ischemix Llc appealed the rejection of its Indian Patent Application No.4380/DELNP/2013 by the Controller of Patents, which was based on Section 3(d) of the Patents Act, 1970. The appellant challenged the basis and citation of the prior art documents used against them.
Jack In The Box Inc. v.Marching Ants Hospitality Pvt Ltd.
In a dispute concerning the Jack In The Box trademark, the Delhi High Court issued an interim order restraining one of the respondents from assigning the disputed trademark rights to any third party. This protective measure was granted after the petitioner expressed concern that such an assignment could render the ongoing litigation infructuous. The court has scheduled the matter for further hearing in February 2023.
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 related to the product 'ghee'. The plaintiff sought permanent injunctions, damages, and rendition of accounts due to alleged passing off and unauthorized use of artistic works and trade dress. Ultimately, the parties reached a Joint Compromise Memo on 21.03.2022, which was subsequently decreed by the Madras High Court.
Nokia Technologies Oy v.Vivo Mobile Communication Co., Ltd & Ors.
The court heard various interlocutory applications in a patent infringement suit filed by Nokia Technologies Oy against Vivo Mobile Communication Co., Ltd & Ors. The core issue addressed was whether the Plaintiff could amend its claims to include additional infringing devices or assert infringement under other patents during the pendency of the suit.
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.
Merck Sharp & Dohme LLC v.Chiral Biosciences Limited
The suit was filed seeking a permanent injunction and damages against Chiral Biosciences Limited for infringing Merck Sharp & Dohme's patent (IN 209816) covering Sitagliptin. Although the court found evidence of infringement, it ultimately denied the permanent injunction because the patent had expired by July 2022, but awarded damages and costs.
Modern Snacks Pvt Ltd v.The Registrar Of Trade Mark
The Delhi High Court remanded an appeal filed by Modern Snacks Pvt Ltd regarding the rejection of its trademark application 'Modern Namkeen Karare Lal'. The core issue was whether the appellant could proceed with the appeal despite a previous rejection order from 2018. Recognizing the merits of the case, the court ordered the matter to be sent back to the Registrar for fresh consideration of the original review application. However, this remand is conditional: Modern Snacks must first prove that the prior rejection order was never properly communicated to them.
M/S Allied Blenders And Distillers Ltd. v.Rajasthan Liquors Limited & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of M/S Allied Blenders And Distillers Ltd. against Rajasthan Liquors Limited & Ors. The court found that the Plaintiff, owner of the well-known trademark 'Officer's Choice,' had made out a prima facie case for infringement and passing off due to the Defendants' use of deceptively similar marks like 'High Choice.' This interim order immediately restrains the Defendants from manufacturing or selling goods using the impugned mark until further proceedings.
Merck Sharp And Dohme Corp v.Beaukev Pharma International Pvt. Ltd
Merck Sharp And Dohme Corp filed a suit seeking permanent injunction against Beaukev Pharma International Pvt. Ltd for infringing its registered patent (IN'816) related to Sitagliptin. The dispute was subsequently settled under the Delhi High Court Mediation and Conciliation Centre.
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.
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.
United Biotech Private Limited v.Cipla Limited And Anr.
The Delhi High Court disposed of a petition seeking cancellation of an impugned trademark. Respondent No. 1 (Cipla Limited) assured the court that it was not using the mark, leading to the petitioner's success. The court directed the Registrar of Trade Marks to cancel the trademark and rectify the register accordingly.
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.
M/S Steelbird Hi-Tech India Ltd. v.Mr. Tazeen Farooqui & Ors.
The Delhi High Court upheld the interim injunction in favor of M/S Steelbird Hi-Tech India Ltd. against Mr. Tazeen Farooqui & Ors., finding that the defendant's mark 'SEABIRD' was deceptively and confusingly similar to the plaintiff’s established trademark 'STEELBIRD'. The court emphasized the importance of common law rights derived from long, continuous use, ruling that registration alone does not supersede prior proprietary rights. This decision reinforces the protection afforded to well-known marks against potential dilution and confusion in the market.
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.
S. Bir Pal Singh v.Pawandeep Singh Walia Trading As M/S. Pawandeep Singh & Company and Ors.
In this trademark dispute before the Delhi High Court, S. Bir Pal Singh sought interim protection against Pawandeep Singh Walia Trading As M/S. Pawandeep Singh & Company. The court issued a crucial order directing Respondent No. 1 not to create any third-party rights in four specific registered trademarks associated with 'AKALI PATRIKA.' This protective measure ensures the status quo is maintained while the main litigation proceeds, setting a key date for further hearing.
M/s.Kaleeswari Refinery Private Limited v.M/s.Sri Dhanalakshmi Traders
M/s.Kaleeswari Refinery Private Limited filed a suit against M/s.Sri Dhanalakshmi Traders alleging infringement of its registered trademark 'Gold Winner' and copyright in the associated artistic work and trade dress used on edible oil packaging. The plaintiff sought permanent injunctions to restrain the defendant from using the deceptively similar mark 'Niju Gold' and passing off inferior products. Both parties subsequently reached a settlement, leading the Madras High Court to dispose of the captioned suit based on the terms of the Joint Compromise Memo.
Triology Solutions Private Limited v.Flipkart Internet Private L Imited & Ors.
The Delhi High Court granted an interim injunction in favor of Triology Solutions Private Limited against various online sellers (Defendants 12-23) for trademark infringement and passing off. The court recognized the distinctiveness of the 'Muuchstac' brand, which is used for cosmetic products, and restrained the defendants from using its registered device mark and trade dress/packaging. Furthermore, the court directed the major e-commerce platforms (Defendants 1-11) to ensure takedown actions are taken against counterfeit listings and mandated disclosure of sales revenue by the infringing sellers.
Glaxosmithkline Intellectual Property Development Limited v.The Controller of Patents
Glaxosmithkline Intellectual Property Development Limited appealed against an order passed by The Controller of Patents rejecting its patent application (No. 201617034934). The rejection was based on lack of inventive step and non-patentability under Section 3(d) of the Patents Act, 1970.
Busy Infotech Pvt Ltd v.Xpert Tricks Softwares & Ors.
This Delhi High Court order addresses an ongoing suit filed by Busy Infotech Pvt Ltd against various defendants for copyright infringement and trademark passing off related to its 'BUSY Software.' The court noted that previous interim injunctions were in place, and several pro-forma defendants had been discharged after providing undertakings. On December 8, 2023, the court directed the Plaintiff to file an updated memo of parties within one week before listing the matter again.
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.
Ruptech Educational India v.Registrar Trade Marks
The Delhi High Court set aside a previous rejection of Ruptech Educational India's trademark application ('SCOTTISH HIGH EARLY YEARS') under Section 11 of the Trade Marks Act. The rejection was based on cited marks owned by Ms. Mansi Aggarwal, but subsequent to the initial order, these conflicting applications were withdrawn following a settlement agreement reached in a related commercial suit. The Court held that since the objections no longer existed, the application should proceed to advertisement.
Neha Overseas v.Khushi Impex
The Bombay High Court rejected Khushi Impex's application to vacate an ex-parte interim order that had seized their alleged infringing goods. The court found that the defendant admitted infringement by copying the plaintiff's 'CROWN' trademark and packaging, noting that reliance on a rectification application before the Registrar was insufficient grounds for vacating the stay. Consequently, the relief sought for the release of the goods was also denied.
Merck Sharp And Dohme Corp v.Actis Generics Pvt Ltd
The suit involved a dispute over Indian Patent No. 209816, which covers Sitagliptin for diabetes treatment. The parties amicably resolved their disputes through a settlement agreement dated March 15, 2022.
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