IP Cases — 2022
934 decisions across all jurisdictions
Page 26 of 32 · 934 total
Havells India Limited & Anr. v.Vickey Trading As M/S Fash Wagon & Ors.
Havells India Limited successfully resolved its trademark infringement dispute against Vickey Trading As M/S Fash Wagon & Ors. through a comprehensive settlement agreement before the Delhi High Court. The parties agreed that the defendants would cease all use of the infringing mark 'HAVEL' and similar variants, take down online listings, destroy counterfeit materials, and pay damages to Havells. This judgment formally decrees the terms of this amicable resolution.
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.
Mitsubishi Power Ltd v.The Assistant Controller Of Patents And Designs
Mitsubishi Power Ltd appealed against the rejection of its patent application by The Assistant Controller Of Patents And Designs. The rejection was based on lack of inventive step and Section 3(d) of the Patents Act, 1970. The court disposed of the stay application (I.A. 11537/2021), noting that since the patent had been rejected, no interim order could be granted.
Bombinate Technologies Private Limited v.Koo Coin And Others
The Delhi High Court granted an interim injunction in favor of Bombinate Technologies Private Limited against Koo Coin and others, finding a prima facie case of trademark misuse. The Plaintiff alleged that Defendants were using the registered 'KOO' mark and similar bird device marks on fraudulent cryptocurrency platforms (like www.koo.money) to mislead consumers into believing they were associated with the legitimate social media platform. Consequently, the Court directed MEITY and ISPs to block the infringing websites and restrained the defendants from further use of the 'KOO' name or offering digital coins until the final hearing.
ITC Limited v.Central Park Estates Private Limited & Anr.
In this trademark infringement suit, ITC Limited sought various procedural reliefs against Central Park Estates Private Limited. The Delhi High Court granted the plaintiff exemptions regarding pre-litigation mediation and advanced document service. Crucially, the court allowed an application for the appointment of a Local Commissioner to inspect samples and inventory related to the disputed mark 'BALKH BUKHARA', setting the stage for detailed evidence gathering in the ongoing infringement dispute.
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.
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.
Krbl Limited v.Ashok Kumar
Krbl Limited filed a suit seeking permanent injunction against defendants for infringing its registered trademark, 'INDIA GATE with device of INDIA GATE', which is used in the business of rice. The court found that Defendant No. 1 was fraudulently using the trademark through an impugned website and domain name, leading to unauthorized sales and collection of money.
Radico Khaitan Ltd v.The Registrar Of Trade Marks
The Delhi High Court heard an appeal filed by Radico Khaitan Ltd challenging the rejection of its trademark application for "EFKAY'S FIVE STAR MYSORE BRANDY." The court found that the Senior Examiner failed to properly consider the Appellant's existing assigned rights in 'EFKAY'S.' While this addressed the Section 11 objection, the court remanded the matter back to the Registrar. The examiner must now reconsider the application based on the remaining descriptive elements of the mark, ensuring a fair hearing for the appellant.
Vifor (International) Ltd v.Hetero Healthcare Limited
Vifor (International) Ltd filed suit against Hetero Healthcare Limited alleging infringement of its patented drug, FERRIC CARBOXYMALTOSE. Vifor contended that Hetero was preparing to launch a generic version under the brand HETROFER, which infringed upon their exclusive patent rights for treating iron deficiency anaemia. The Delhi High Court examined the prima facie case and balance of convenience presented by the Plaintiffs.
Kent Ro Systems Limited & Anr. v.Bajrang Impex Private Limited
The Delhi High Court granted an interim injunction in favor of Kent Ro Systems Limited against Bajrang Impex Private Limited, finding a prima facie case of infringement regarding the design and logo used on water purifier cabinets. The court recognized that irreparable harm would occur without immediate protection. Furthermore, to definitively ascertain the extent of manufacturing and sales, the court appointed a Local Commissioner with specific mandates to inspect the defendant's premises, seize infringing materials, and report on production figures.
Kanishk Sinha & Anr v.Union Of India & Anr
The appellants challenged the dismissal of their writ petition, which sought linkage between their software and the 'VAHAN' vehicle registration system. The core issue raised was entitlement to compensation under Section 102(3) of the Patents Act, 1970.
Vifor International Ltd. v.Competition Commission Of India
Vifor International Ltd. challenged the orders of the Competition Commission of India (CCI) which initiated an inquiry into its licensing practices regarding the patent for Ferric Carboxymaltose (FCM). Vifor argued that the CCI was exceeding its jurisdiction by seeking commercially sensitive information related to a patented product, touching upon rights under the Patents Act, 1970. The High Court dismissed the writ petition, finding it premature and noting that the CCI would consider the petitioner's objections.
Unilever Ip Holdings B.V. v.Surjit Dairy Products
The commercial IP suit filed by Unilever Ip Holdings B.V. against Surjit Dairy Products was settled out of court. The parties executed Consent Minutes of Order, leading to the disposal and decreeing of the suit.
M/S. Paam Biotech Pvt. Ltd. v.Registrar Of Trademarks, Govt. Of India
Paam Biotech Pvt. Ltd. filed a writ petition seeking an expeditious disposal of its long-pending trademark registration application for 'DELPAR.' The Rajasthan High Court intervened, directing the Registrar of Trademarks to process and decide the application no. 2192781 as quickly as possible, specifically within three months from receiving the court order. This ruling provides a crucial timeline for the petitioner's intellectual property rights.
Chugai Seiyaku Kabushiki Kaisha v.Controller Of Patents And Design
Chugai Seiyaku Kabushiki Kaisha appealed the rejection of its patent application (No. 201617023236) for a solid preparation containing Tofogliflozin in monohydrate crystal form. The Controller rejected the application, citing lack of inventive step and falling under Section 3(d) because it was merely a new use/form of a known drug without enhanced efficacy.
Merck Sharp And Dohme Corp v.Mr. Mahaveer Chand
The contempt petition was filed by Merck Sharp And Dohme Corp alleging non-compliance with a previous court order and settlement agreement concerning patent IN' 816. The petitioner claimed that the respondent continued dealing in products covered by the patent, specifically generic versions of Sitagliptin Phosphate Monohydrate. The Court directed the respondent to file an affidavit with an unconditional apology.
Loreal v.The Registrar Of Trade Marks
The Delhi High Court allowed Loreal's appeal against the refusal of its trademark application 'PILLOW PROOF BLOWDRY' for hair care products. The court found that the mark was suggestive rather than descriptive, noting that while individual words are common, their combination does not immediately describe the product. Consequently, the court set aside the previous orders and directed the Trademark Registry to proceed with registration, provided a disclaimer is placed on the rights of the individual component words.
Asian Paints Limited v.B. N. Ravi Prakash
The court heard arguments regarding the service of process in an ongoing IPR suit. After confirming that the defendant had been duly served, the Leave Petition was made absolute. The court granted the defendant one more opportunity to appear before considering the main prayer for passing off.
Telefonaktiebolaget Lm Ericsson (Pub) v.Controller General of Patents, Designs and Trademarks and Anr
This matter was transferred to the Calcutta High Court Original Side from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court issued procedural directions to the Department regarding record correction and directed the Commercial Appellate Division to issue notices to both parties before the returnable date. Consequently, the case was scheduled for listing in January 2023.
Laans Portfolios Pvt Ltd v.The Registrar Of Trade Marks
The Delhi High Court allowed Laans Portfolios Pvt Ltd's appeal against an order that deemed its trademark application 'VEGAZVA' abandoned. The core issue was a procedural discrepancy where the Registrar failed to consider the Appellant's filed counter-statement despite it being on record for one of the identical opposition filings. Recognizing this clerical error and the unfairness to the applicant, the Court set aside the abandonment order, restored the application, and directed the Registry to process the registration.
Wipro Enterprises Limited v.Zydus Wellness Products Limited
Wipro Enterprises Limited filed a suit against Zydus Wellness Products Limited and others alleging passing off concerning its glucose-based chewy tablet brand, BOLTS, versus the defendants' product under the mark VOLT. The plaintiff sought permanent injunctions regarding trademark infringement, tag line similarity, and packaging get-up. While initial prayers related to the tagline and color scheme were dropped due to prior compromises, the core dispute over the 'VOLT' mark remained central. The court ultimately directed the defendants to pay costs to the plaintiff.
Novartis Ag v.Centurion Remedies Private Limited
Novartis filed a suit seeking permanent injunction and damages against Centurion Remedies Private Limited for alleged infringement of Indian Patent No. 233161. The court examined the defendant's affidavit, which claimed no commercial activity related to the patented drug ELTROMBOPAG OLAMINE/ REVOLADE. Furthermore, the Department of Pharmaceuticals clarified that its public notice was merely for collating local manufacturers and did not constitute government authorization under Section 100 of the Patents Act, 1970.
Dabur India Limited v.Ashok Kumar And Ors
In a significant ruling concerning domain name disputes, the Delhi High Court directed various Domain Name Registrars (DNRs) to appoint Grievance Officers in accordance with the IT Rules, 2021. This order was issued within the context of multiple connected suits involving trademark and cyber-related issues. The court emphasized the need for DNR compliance to protect intellectual property rights and ensure proper grievance redressal mechanisms are in place across the digital landscape.
Snapdeal Private Limited v.Godaddycom Llc And Ors
Snapdeal Private Limited filed an application seeking a temporary injunction against Godaddycom and others, alleging widespread infringement of its registered 'SNAPDEAL' trademark through the registration and offering of infringing domain names. The court examined the feasibility of granting such a broad injunction, particularly concerning the ability to prevent the registration of any domain name containing the mark. While acknowledging the plaintiff's claims of infringement, the judge required further clarification from the defendant regarding the practical implementability of the requested relief before making a final decision on the interim order.
Auckland Uniservices Limited v.Assistant Controller Of Patents And Designs
Auckland Uniservices Limited appealed the Assistant Controller's refusal of a patent application for 'Magnetic Field Shaping for Inductive Power Transfer'. The refusal was based on lack of inventive step over prior art. The High Court set aside the impugned order, finding that the Respondent failed to provide reasoned analysis regarding how a person skilled in the art would move from existing knowledge to the claimed invention.
Elcom Innovation Pvt Ltd v.Harish Sharma & Ors.
Elcom Innovation Pvt. Ltd. filed suit seeking permanent injunction against its erstwhile employee and shareholder, Harish Sharma, alleging misuse and disclosure of proprietary sensitive and highly confidential information/data. The plaintiff sought an interim injunction to prevent further leakage of this IP. However, the court dismissed both applications, finding that the plaintiff failed to make out a prima facie case for the grant of an interim injunction due to the vagueness of the claimed confidential information.
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.
Aeronutrlx Sports Products Pvt Ltd v.Plumax Ebusiness Solutions Private Limited
The Delhi High Court formally recorded a settlement between Aeronutrlx Sports Products Pvt Ltd and Plumax Ebusiness Solutions Private Limited regarding trademark disputes over the FAST&UP brand family. The parties agreed that Plumax acknowledged the validity and rights of Aeronutrlx in sub-brands like CHARGE, FORTIFY, RELOAD, and VITALIZE, including associated trade dress. In exchange for a payment of Rs. 5,00,000/-, Plumax committed to withdrawing opposition filings and ceasing all use of similar marks or designs.
Chitali Bottling Limited v.Brihan Karan Sugar Syndicate Private Limited
The Bombay High Court dismissed the appeal filed by Chitali Bottling Limited seeking a temporary injunction against Brihan Karan Sugar Syndicate Private Limited. The core dispute revolved around the right to use specific country liquor brand names and labels. The court found that the Appellant's claim of an 'oral license' was a sham plea, especially given the existence of a written License Agreement from 2014. Furthermore, the court ruled that under the Trade Marks Act, perpetual oral assignment is not legally possible, concluding that the Appellant had no prima facie case.
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