IP Cases — 2022
744 decisions across all jurisdictions
Page 5 of 25 · 744 total
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.
M/S Slv Enterprises v.M/S Sree Nandi Upachar; M/S Hotel Sree Saravana Bhavan
The Karnataka High Court dismissed a writ petition filed by M/S Slv Enterprises seeking an ad-interim injunction against alleged trademark infringement. The petitioner had sought judicial intervention to compel the lower trial court to decide on its interim application promptly. However, the High Court declined to interfere in the trial court's discretionary power, noting that the respondents were granted time to file their written statements and objections. The judgment emphasizes allowing the trial court to manage the proceedings while encouraging the petitioner to pursue matters there.
Boehringer Ingelheim Pharma Gmbh And Co. Kg v.Natco Pharma Limited
The judgment addresses multiple applications within a commercial suit concerning pharmaceutical patents. The court disposed of an application regarding electronic records and issued directions on several other pending matters, including contempt proceedings related to the sale of Afatinib tablets.
Kamla Kant And Company Llp v.Sanjay Gupta & Anr.
The Delhi High Court disposed of the trademark infringement suit filed by Kamla Kant & Company LLP against Sanjay Gupta & Anr. The dispute centered on the unauthorized use of similar marks ('RAJ', 'KG') for tobacco and allied products, infringing upon the Plaintiff's established trademarks 'RAJSHREE' and 'KP'. Through a settlement agreement, the court granted an injunction restraining the Defendants from using confusingly similar marks while allowing them to use 'KANTHA RAJA' under strict conditions. The parties also agreed on financial compensation and the destruction of infringing materials.
M/s.Langro-Chemie Theo Lang Gmbh v.Mr.N.Balaji
The Madras High Court ruled in favor of M/s. Langro-Chemie Theo Lang Gmbh, granting a substantial judgment for the recovery of dues and permanent injunctive relief. The suit involved claims related to goods supplied and investments made towards a joint venture that failed to materialize. Crucially, the court also recognized the plaintiff's registered trademark rights, ordering all defendants to cease any infringement of the 'Langro' trade name and associated logo. This judgment underscores the dual nature of IP disputes, combining commercial debt recovery with protection of intellectual property assets.
Suresh Mishra Trading As Sanskriti Yuva Sansthan Society v.Registrar Of Trade Marks, Government Of India
Suresh Mishra filed a writ petition seeking an expedited disposal of his pending trademark application, 'Bharat Gaurav,' which had been awaiting consideration since October 2006. The Rajasthan High Court addressed the petitioner's limited prayer by issuing a directive to the Registrar of Trademarks. The court mandated that the Registrar must decide the long-pending application within a period of four months from the date of receiving the order, thereby providing relief against administrative delay.
Micro Labs Limited v.The Controller Of Patents & Anr
The case involves a revocation petition filed by Micro Labs Limited against the patent granted to Bristol-Myers Squibb for a pharmaceutical compound used as an anticoagulant. The court granted an interim injunction restraining Micro Labs from manufacturing and selling the product covered by the patent.
Sardarjibakhsh Pvt. Ltd. v.Ekta Foods
The Delhi High Court allowed Sardarjibakhsh Pvt. Ltd. to amend its plaint, enabling them to include claims of trademark infringement alongside existing passing off claims. This amendment was necessitated by a new device mark registration granted during the pendency of the suit. The court permitted both parties to file amended pleadings, ensuring the litigation could proceed with the updated scope of IP rights.
Ecomax Solutions Pvt. Ltd v.Energeo Building Solutions Llp & Ors
The case involves issues related to patent infringement, rights relating to confidential information, and copyrighted drawings concerning the Automatic Tube Cleaning system. The court appointed Local Commissioners to ascertain the working of the system used by the Defendants.
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.
Karim Hotels Pvt. Ltd. v.The Registrar Of Trademarks
Karim Hotels Pvt. Ltd. successfully appealed a trademark rejection by The Registrar of Trademarks in the Delhi High Court. The court overturned the Senior Examiner's decision, which had cited lack of distinctiveness and descriptive nature. Recognizing the extensive goodwill and long-standing use of the 'KARIM/KARIM'S' mark since 1913, the court allowed the application to proceed for registration, subject only to association with existing registrations regarding specific descriptive terms.
Safex Chemical India Ltd. v.The Controller of Patents & Designs
Safex Chemical India Ltd. challenged the Controller's decision to grant a patent for a 'Novel Agricultural Composition,' arguing that the Petitioner was denied natural justice because they were not informed about the allowance of Respondent No. 2's amendments before the pre-grant opposition hearing. The petitioner contended this procedural lapse rendered the granted patent invalid. However, the Bombay High Court ultimately disposed of the Writ Petition, noting that the petitioner had already availed and was actively pursuing the alternate remedy under Section 25(2) of the Patents Act.
Designarch Consultants Pvt Ltd v.Jumeirah Beach Resort Llc
Designarch Consultants Pvt Ltd filed a suit against Jumeirah Beach Resort Llc, seeking permanent injunction and declarations that the defendant's legal threats regarding trademarks and architectural design were unjustifiable. The plaintiffs also claimed damages for alleged infringement. However, since the defendant had already initiated a counter-suit alleging trademark and copyright infringement, the court found the current claims infructuous. Consequently, the suit was disposed of without prejudice to the pending litigation.
Parle Products Private Limited v.Britannia Industries Ltd.
Parle Products filed a suit against Britannia Industries alleging disparagement and unfair competition through advertisements for 'Britannia Milk Bikis.' The court found that the use of terms like 'G-NAHI' and similar packaging strongly suggested a comparison with Parle-G. Recognizing both parties' willingness to resolve the dispute, the Delhi High Court referred them to mediation while issuing an interim injunction preventing Britannia from re-publishing the print advertisements.
Dfm Foods Limited v.Ms Nenimemi Foods Private Limited & Anr.
In this intellectual property dispute concerning the 'CORN CURLS' brand, the Delhi High Court issued an interim order allowing Defendant No. 1 to continue selling its existing stock while agreeing to a complete rebranding. The defendant was directed to file an affidavit committing to changing both the product packaging and the trademark from 'CORN CURLS' to 'CORN CURVES'. This decision balances the need for brand protection with practical commercial realities.
Novartis Ag v.Controller Of Patents And Designs
Novartis appealed the rejection of its divisional patent application, which was held by the Controller to be non-maintainable because it belonged to the same broad class as the granted parent application. The appeal challenged the ground that the subject matter formed a single inventive concept.
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.
Patanjali Aryurved Limited v.Raj Mandir Retails Private Limited And Ors
The Delhi High Court addressed a trademark infringement suit concerning the 'PATANJALI' brand, specifically 'PATANJALI COW'S GHEE'. While the Plaintiff sought strict enforcement against alleged counterfeiters, the court opted for an amicable resolution approach. The parties, including Defendant No.1 (Raj Mandir Retails Private Limited) and Defendant No.3, were referred to the Mediation Centre. Furthermore, the Court granted interim relief allowing Defendant No.1 to exhaust its existing genuine stock while seeking a structured path toward resolving the dispute.
S M Motorenteile Gmbh v.Maharashtra Motors & Ors.
S M Motorenteile GmbH successfully pursued an infringement suit in the Delhi High Court regarding its 'SM' trademark used for high-quality automotive parts. While a settlement was reached with Defendant Nos. 1 and 2, the court decreed the suit against Defendants 4 to 6, finding them liable for selling counterfeit products under the disputed mark. The judgment underscores the importance of maintaining clear documentation of brand history and rights in complex international IP disputes.
MC-monitoring SA v.Pro Tech Monitoring Pvt. Ltd.
The plaintiff, engaged in developing predictive health monitoring solutions for rotating machines, sued the defendant for illegal use, passing off, dilution, and copyright infringement of its name/mark MC-monitoring. The plaintiff argued that the mark had acquired international recognition and goodwill. The court ultimately decreed the suit, granting permanent injunctions and awarding nominal damages.
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.
Kohinoor Seed Fields India Pvt. Ltd. v.Veda Seed Sciences Pvt. Ltd. & Anr.
The Delhi High Court issued an order in the trademark dispute between Kohinoor Seed Fields India Pvt. Ltd. and Veda Seed Sciences Pvt. Ltd. The court noted that the Plaintiff had filed a suit seeking infringement and passing off of its registered trademarks. Consequently, the matter was scheduled for listing before the appropriate bench on December 6, 2022, to continue the ongoing litigation.
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.
Astra Zeneca Ab And Anr. v.Natco Pharma Limited
The dispute concerns alleged infringement of Indian Patents IN 205147 and IN 235625 by Natco Pharma Limited regarding the drug Dapnat/Dapagliflozin. The present application sought to release the defendant from a bank guarantee obligation, but the court declined this prayer.
Hombale Films Llp v.Thaikkudam Bridge
Hombale Films LLP, the producer of the film 'Kantara', challenged an order passed by the District Court, Kozhikode. The original suit was filed by Thaikkudam Bridge (a musical band) claiming authorship and copyright over the song 'Navarasam'. The lower court had previously restrained respondents from using the music without permission.
Shabeer Ahmad Bhat v.Sushil Kumar Pathak
The Delhi High Court allowed an application filed by the petitioner seeking to correct a clerical error in a prior order. The correction involved changing the name of the entity receiving trademark assignments from 'Globiotech International' to 'M/s Glow Biotech Ltd', as stipulated in the underlying Memorandum of Understanding (MoU). This minor but crucial rectification ensures the court record accurately reflects the parties' agreement regarding the assignment of trademarks.
Xiaomi Inc v.Dharama Mobitel Industries Private Limited & Anr.
In a significant ruling, the Delhi High Court allowed a request filed by Dharama Mobitel Industries Private Limited to cancel the trademark 'SHOMI.' The court directed the Registrar of Trade Marks to remove the mark from the register after the respondent provided an affidavit confirming that they were not using the trademark and would not use it in the future for related goods. This decision highlights the importance of active use or intent to use when maintaining a registered trademark.
Sterlite Technologies Limited v.Ztt India Private Limited
The plaintiff sought to amend its plaint to implead ZTT International Limited as a necessary party, alleging that the entity infringes the plaintiff's patent through the import and sale of optical fibre cable. The court allowed the amendment, finding the proposed defendant was indeed a necessary party based on the facts pleaded in the written statement.
Alkem Laboratories Ltd. v.Eris Health Care Pvt. Ltd. & Ors.
The Delhi High Court addressed a trademark infringement suit filed by Alkem Laboratories against Eris Health Care regarding the alleged misuse of 'GEMCAL' and 'GEMCAL PLUS' trademarks and associated packaging. The court observed that the defendants agreed to change their marks from 'DE-CAL GEM' to 'DECAL PLUS' (and similar changes for 'PLUS'). After reviewing the proposed new artwork, the court allowed the adoption of the revised designs while permanently restraining the defendants from using any mark or packaging deceptively similar to Alkem’s original trademarks and presentation.
Pfizer Inc & Ors v.Azista Industries Private Limited & Ors
Pfizer Inc and others filed a suit seeking permanent injunction, damages, and rendition of accounts against Azista Industries Private Limited and others for infringing their patented drug 'Palbociclib'. The court found that the Plaintiffs had made out a prima facie case for an ad-interim ex parte injunction.
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