IP Cases — 2022
744 decisions across all jurisdictions
Page 25 of 25 · 744 total
Toyota Jidosha Kabushiki Kaisha v.The Senior Examiner Of Trade Marks
Toyota Jidosha Kabushiki Kaisha filed an appeal challenging a decision by the Senior Examiner regarding its trademark application for 'ALPHARD' in Class 12. The Delhi High Court, while allowing the appellant to cure procedural delays and admitting the appeal, set the matter down for further hearing. Toyota argued that as a prior user of the mark since 2008, the examiner erred in declining registration.
MARRIOTT WORLDWIDE CORPORATION v.COURTYARD HOLIDAYS WORLD PRIVATE LIMITED
The Delhi High Court granted an interim injunction in favor of Marriott Worldwide Corporation against Courtyard Holidays World Private Limited regarding trademark infringement. The court found that the defendant was misleading consumers by using marks and domain names identical or similar to Marriott's registered 'COURTYARD' brand. Despite the defendant having a registration, the court noted that this registration was obtained through false representation, leading to the restraint order.
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.
M/S. Yashram Lifestyle Brands Pvt Ltd v.M/S. Aditya Birla Fashion And Retail Limited (Madura F and L Division)
M/S. Yashram Lifestyle Brands Pvt Ltd filed an Original Suit seeking a decree of permanent injunction against M/S. Aditya Birla Fashion And Retail Limited for allegedly infringing the plaintiffs' granted patent (No. 306901) related to 'Stay Dry Period Panty'. However, the plaintiffs subsequently moved to withdraw the suit.
M/S Thind Industries v.M/S Pankaj Sales Corporation
In a recent order, the Delhi High Court addressed the dispute between M/S Thind Industries and M/S Pankaj Sales Corporation. Recognizing the appellant's willingness to modify its branding, the court granted permission for M/S Thind Industries to revise its trademark and label. This interim decision allows the parties to move forward with a resolution by allowing the appellant time to submit the revised materials.
Frankfinn Aviation Services Pvt Ltd. v.M/S Fly High Montessori & Ors.
The Delhi High Court granted an ex-parte ad interim injunction in favor of Frankfinn Aviation Services Pvt Ltd. against M/S Fly High Montessori & Ors. The plaintiff alleged that the defendant was using a deceptively similar mark, 'GOLDEN FRANKFINN,' for educational services, thereby infringing on and passing off its registered trademark 'FRANKFINN.' The court found that a prima facie case was made out, immediately restraining the defendant from using the disputed marks in any manner to prevent further infringement and unfair competition.
Bristol-Myers Squibb Holdings Ireland v.Metrochem Api Private Limited
The plaintiffs filed a suit for permanent injunction against the defendant for infringing their patent related to the compound APIXABAN. The defendant is accused of manufacturing and selling APIXABAN API without authorization.
Indian Oncology Foundation v.The Registrar Of Trademarks
The Delhi High Court upheld the rejection of the trade mark application 'Indian Oncology Foundation' by the Registrar of Trademarks. The court found that while the applicant claimed long-term use and reputation, they failed to provide sufficient documentary evidence—such as advertising expenditure or sales data—to prove that the descriptive mark had acquired secondary meaning. This ruling emphasizes that mere usage is insufficient; concrete proof of distinctiveness must be presented to overcome statutory objections.
Ht Media Ltd v.Pooja Sharma & Ors.
In a significant interim order, the Delhi High Court granted an immediate injunction protecting Ht Media Ltd's 'SHINE' trademark and its website www.shine.com from unauthorized use by rogue defendants. The court recognized that the defendants were using the plaintiff's IP to deceive the public through fraudulent job/career services. Crucially, the judgment issued sweeping directions to various service providers—including ISPs, telecom operators, domain registrars, and Gmail—to block infringing websites and disclose user information, effectively providing a powerful mechanism for online IP enforcement.
Growthpond Technology Pvt Ltd v.VGD Technologies Pvt Ltd
Growthpond Technology Pvt Ltd filed a petition seeking leave to initiate a lawsuit against VGD Technologies Pvt Ltd concerning alleged trademark infringement and passing off. The petitioner argued that no such leave was required under Clause XII of the Letters Patent, as the main suit addressed these IP violations. Furthermore, counsel established the Bombay High Court's jurisdiction based on the Petitioner's Mumbai registration. Consequently, the court dismissed the petition as withdrawn.
S Bant Singh Sole Proprietor M S Vishavkarma Engineering Works v.The Controller General of Patents Designs and Trademarks Trade Marks Registry at New Delhi & Anr.
This Delhi High Court order addresses a petition seeking the cancellation of a registered trademark, 'PUNNI,' in Class 35. The plaintiff argued that another party had registered the identical mark on a later date, leading to a conflict. The court initiated the proceedings by issuing notice to the defendant and setting a timeline for filing pleadings.
Central Park Estates Private Limited v.Ashoka Developers And Builders Limited
Central Park Estates Private Limited filed a suit alleging trademark infringement, passing off, and unfair competition against Ashoka Developers And Builders Limited regarding the use of 'CENTRAL PARK' in real estate projects. The Delhi High Court addressed preliminary applications, dispensing with pre-institution mediation for urgent reliefs. The court subsequently issued summons to all defendants and set the matter for further pleadings and arguments on the injunction application.
Novartis Ag v.Medipol Pharmaceuticals India Pvt Ltd
The plaintiff, Novartis Ag, filed a suit alleging infringement of its patent (IN 233161) concerning the drug Eltrombopag Olamine. The court found a clear prima facie case in favor of the plaintiff, noting that the rights to the patent had been confirmed previously.
Novartis Ag v.Msn Laboratories Pvt Ltd
The plaintiff alleges that the defendant infringed its patent by launching a product containing Eltrombopag Olamine without a license. The court granted an ex parte injunction against the defendant's product 'REBOPAG'.
Chia Tai Tianqing Pharmaceutical Group Co. Ltd. v.The Controller of Patents and Designs and Anr.
The appeal was filed challenging the Assistant Controller's order dated August 24, 2021, which rejected Indian Patent Application No. 201817006495. The appellants argued that the rejection based on multiplicity of inventive concepts violated principles of natural justice as no specific objection was raised in the examination report.
Koninklijke Philips N.V. v.Vivo Mobile Communication Co. Ltd & Ors.
Koninklijke Philips N.V. filed a suit alleging that Vivo Mobile Communication Co. Ltd was infringing five of its patents related to telecommunication standards (UMTS, LTE, etc.). The current application sought discovery through interrogatories and production of license agreements with chipset providers like Qualcomm and MediaTek. The court partly allowed the application, directing the defendants to answer specific questions and provide relevant third-party agreements in a sealed cover.
Shri Govind Baheti v.Shri Kamal Kishore Baheti
The Delhi High Court addressed a dispute concerning the alleged breach of a prior settlement agreement related to the use of the 'VRAJ' trademark for tractor parts. The petitioner claimed that the respondents were violating the territorial restrictions set forth in the 2012 settlement by allowing their wife's firm to sell spare parts bearing the mark outside the permitted five states. Consequently, the Court directed notice to be issued to the respondent, setting a date for returnable appearance.
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.
Hamdard National Foundation (India) v.Sadar Laboratories Pvt. Limited
The Delhi High Court dismissed the plaintiffs' application for an ad interim injunction against Sadar Laboratories, which was seeking protection for its well-known trademark 'Rooh Afza'. The court found that while 'Rooh Afza' may be a strong mark, the defendant's use of 'Dil Afza' did not necessarily cause consumer confusion, especially given the long history and peaceful co-existence of similar marks in the pharmaceutical market. However, the defendant was directed to maintain detailed sales accounts during the pendency of the suit.
M.Gagan Bothra v.The Central Government
The petitioner filed a Writ Petition seeking a Mandamus to direct respondents to act upon a 2013 order from the Central Government regarding R.Anbarasu's misuse of the National Emblem. The court found that despite central government directions, the State Government failed to initiate action against the ex-member of parliament for misusing the emblem on his letter pad.
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.
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.
DLF Limited v.Rediff.Com India Ltd.
In a trademark infringement suit concerning the 'EMPORIO' brand, DLF Limited and Defendant No. 2 reached an amicable settlement during the pendency of the litigation. The Delhi High Court formally recorded this settlement, decreeing the terms against Defendant No. 2 while allowing the plaintiff to withdraw the suit unconditionally against the remaining defendants. This outcome highlights how out-of-court settlements can resolve complex IP disputes within the judicial framework.
Inter Ikea Systems B V v.Italica Floor Tiles Pvt. Ltd. & Anr.
The Delhi High Court allowed applications filed by the defendants (Italica Floor Tiles) seeking to set aside an earlier ex parte decree passed against them for trademark infringement. The court acknowledged that while the plaintiffs had a strong case regarding their established brand, the procedural lapse and lack of opportunity for the defendants to present their defense warranted reconsideration. Consequently, the ex parte order was set aside, and the main suit has been revived, allowing both parties to proceed on the merits.
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