IP Cases — 2022
744 decisions across all jurisdictions
Page 7 of 25 · 744 total
Elanco Tiergesundheit Ag v.The Assistant Controller Of Patents And Designs
Elanco Tiergesundheit Ag appealed a decision by the Assistant Controller of Patents and Designs which rejected its patent application (No. 3679/DELNP/2015) for 'Preparation of Live Vaccines' due to lack of novelty and inventive step. The court first addressed applications regarding exemption from affidavits, filing additional documents, and condonation of delay.
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.
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.
BASF SE v.GSP CROP SCIENCE PRIVATE LIMITED
BASF SE filed a suit seeking enforcement of its patent (IN 271338) covering a crystalline complex used in agriculture, which is commercially sold under the mark 'XELORA'. The dispute arose because the Defendant obtained registration for a similar combination product. After considering the parties' submissions and undertakings, the court decreed the suit based on the defendant's commitment not to launch the infringing product until the patent expires or is invalidated.
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.
Intel Corporation v.S.P. Gupta And Others
The Delhi High Court ruled in favor of Intel Corporation in a long-pending trademark infringement suit against S.P. Gupta and others. The court granted permanent injunctions, recognizing the extensive goodwill and reputation of the 'INTEL' mark. Crucially, the judgment was reached after the Defendants indicated they were willing to cease using the infringing marks, leading the court to decree the suit based on this mutual understanding.
Sunil Mittal & Anr. v.M/S Darzi On Call
The Delhi High Court proceeded with the trademark infringement suit filed by Sunil Mittal & Anr. against M/S Darzi On Call. The court framed five key issues, including whether the defendant's use of 'DARZI ON CALL' constitutes trademark infringement or passing off, and whether the term 'DARZI' is distinctive to the plaintiffs. This order sets the stage for the trial by directing both parties to file their lists of witnesses and affidavits within specified timelines.
Phillips 66 Company v.Raaj Unocal Lubricants Limited
This judgment addresses two key applications filed within a commercial suit concerning the enforcement of intellectual property rights. The court first dismissed the defendant's application to reclassify the suit as an ordinary dispute, holding that since the cause of action stemmed from foreign infringement of IP rights, it qualified as a 'commercial dispute.' Subsequently, the court condoned the delay in filing the written statement by the defendant, permitting its admission subject to payment of costs.
Phillips 66 Company v.Raaj Unocal Lubricants Limited
This case involves a suit filed by Phillips 66 Company seeking recovery of damages awarded by a US District Court for intellectual property infringement against Raaj Unocal Lubricants Limited. The court first addressed an application to reclassify the suit, ultimately holding that since the cause of action was based on IP infringement in the USA, it qualified as a 'commercial dispute' under Section 2(1)(c)(xvii) of the Commercial Courts Act. Subsequently, the court considered an application for condonation of delay in filing the written statement and allowed it, subject to the defendant paying costs.
Sh. Amar Tulsiyan v.Harshil Jayeshbhai Shah
The plaintiff filed a suit seeking permanent injunction against the defendant for infringing his registered and adopted trademarks (NIINE, NINE, 9) used in food and personal hygiene products. The court found that the defendant's adoption and intended use of 'Nine Plus' was deceptively similar to the plaintiff's marks and constituted infringement.
Dys Impex Private Limited v.State Of West Bengal
The petitioners, manufacturers of battery operated electric cycle rickshaws, challenged the refusal by authorities to register their vehicles based on a patent injunction. The court examined whether the subsequent modification and vacation of the original injunction made the private respondent's restraint valid. The court held that the initial injunction was modified and found the patent invalid, thus directing the authorities to proceed with registration.
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.
Unilever Plc v.Ashok Kumar
The court heard an interim application filed by Unilever Plc against Ashok Kumar. The plaintiffs sought permission to amend their pleadings to identify and join another party involved in manufacturing, stocking, distributing, and selling counterfeit cosmetic preparations. The court allowed the amendment and continued the existing exparte ad-interim order.
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.
Unilever Plc. v.Ashok Kumar
The court heard an interim application filed by Unilever Plc. seeking amendments to its suit plaint and related petitions. The Plaintiffs sought to incorporate additional impugned marks and parties into the case title based on new information received from a Court Receiver's Report. The court allowed the amendments and continued the existing exparte ad-interim order.
Hooghly Motors Pvt. Ltd. v.The State Of West Bengal
The petitioners challenged a notice restricting the registration of their echo friendly e-rickshaws due to an earlier court order concerning a patent infringement suit. The core issue was whether the petitioner's lead cell battery technology was distinct from the patented fuel cell battery in the Title Suit. The Court disposed of the writ petition by directing the Transport Directorate to grant registration, provided the vehicles were distinct and complied with relevant rules.
Ved Prakash Soni v.Vidya Prakashan Mandir Pvt. Ltd & Anr.
The Delhi High Court addressed several applications in the trademark dispute between Ved Prakash Soni and Vidya Prakashan Mandir Pvt. Ltd. The court allowed an exemption application while simultaneously issuing notice to the respondents regarding the main suit. Both parties were directed to exchange necessary documentation, with a timeline set for filing replies and rejoinders, indicating that the substantive litigation is proceeding.
Nirma Limited v.Purnima Gupta And Anr
The Delhi High Court allowed Nirma Limited's rectification petition, successfully removing the deceptively similar trademark 'NIMA' registered in favor of Purnima Gupta. The court held that because Nirma's primary mark ('NIRMA') is a well-known trade mark and the marks are confusingly similar, allowing the registration would cause consumer deception and dilute Nirma's established goodwill. This judgment reinforces the protective scope afforded to well-known trademarks against subsequent registrations.
M/S Geographical Indications Tagged World Premium Products Private Limited v.Trademarks Registry
The Karnataka High Court allowed the writ petition filed by M/S Geographical Indications Tagged World Premium Products Private Limited against the Trademarks Registry. The court found that the registry's impugned order, which sought to cancel the registered trademark 'GITAGGED', lacked proper adjudication and failed to consider the petitioner's reply to the show-cause notice. Consequently, the High Court set aside the cancellation order and remitted the matter back to the respondent for fresh disposal.
Great White Global Private Limited v.S. S. Cable Mfg. Co.
In this trademark dispute, Great White Global Private Limited sought resolution against S.S. Cable Mfg. Co. The court noted that the defendants had communicated their intent to settle amicably and provided an undertaking not to use the disputed marks (SS GRAND WHITE or GRAND WHITE) in the future. Consequently, the matter was directed towards a formal settlement hearing, indicating a potential amicable resolution of the trademark conflict.
Sharad Mehra v.Sanjay Mehra & Ors.
This Delhi High Court order addresses a dispute between two brothers regarding the exclusive rights to the trademark 'Superon' following a Family Settlement concerning their company. The court formalized an agreement where Sharad Mehra conceded the right to use 'Superon' in the domestic market, while Sanjay Mehra gained exclusivity for that territory. To facilitate this transition, the court directed parties to seek expedited approvals from Metrology and GST authorities regarding packaging changes.
M/S Shilpa Medicare Limited v.Arrow Coated Products Ltd. (Acpl)
Shilpa Medicare Limited appealed an order that returned its plaint filed in Raichur. The suit sought a declaration that their manufacturing process was not covered by Patent IN 200301, which Arrow Coated Products Ltd. held. The appeal challenged the Trial Court's decision regarding territorial jurisdiction.
Dow Agrosciences Llc v.The Controller Of Patents
Dow Agrosciences Llc filed an appeal challenging the rejection order dated September 9, 2020, concerning its patent application for 'ENDPOINT TAQMAN METHODS FOR DETERMINING ZYGOSITY OF COTTON'. The case was listed before the Delhi High Court after being transferred from the IPAB due to the Tribunals Reforms Act, 2021.
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.
Ashok Kumar Gupta & Anr. v.Rishabh Bansal & Anr.
The Delhi High Court disposed of a complex IP dispute involving trademark infringement, copyright violation, and rectification petitions between Ashok Kumar Gupta and Rishabh Bansal. The parties reached a comprehensive settlement agreement mediated by the court. Under the terms, the defendant acknowledged the plaintiffs' proprietary rights in the 'SAKARNI' brand (trademark) and its packaging features (copyright). The defendant committed to withdrawing an infringing mark, ceasing all use of similar marks/designs, and paying substantial damages.
Boehringer Ingelheim International GmbH v.Mr X Trading As Messrs Amar Medical Store & Ors.
Boehringer Ingelheim International sought an ex-parte ad-interim injunction in a suit concerning its pharmaceutical products. The Plaintiff asserted rights over its trademarks and distinctive trade dress, which it claimed constituted original artistic works under the Copyright Act. While the court allowed the application for interim relief, it mandated that notice be issued to the Defendants before execution of the order, setting the stage for further litigation regarding brand protection.
U.S. Green Building Council v.Deming Certification Services Pvt Ltd
The Delhi High Court granted an interim injunction in favor of the U.S. Green Building Council (USGBC) against Deming Certification Services Pvt Ltd. The suit alleged trademark infringement, passing off, and copyright violation due to the Defendant's use of identical names ('International Green Building Council') and logos, as well as verbatim copying of the Plaintiff's website content. Given that the Plaintiff demonstrated significant goodwill in India through its certifications and reputation, the Court found a prima facie case for infringement. Consequently, the Defendant was immediately restrained from using the infringing marks and providing further certifications under those names.
Flipkart Internet Private Limited v.Akash Aggarwal & Anr.
This Delhi High Court judgment addresses a dispute over e-commerce platform features, specifically Flipkart's 'latching on' function. The plaintiff, V Tradition, alleged that this feature allowed unauthorized sellers to piggyback on their brand reputation and product listings, constituting passing off. While the initial order strongly restricted the use of this feature, the court ultimately stayed those restrictive observations pending further examination. This decision highlights the tension between protecting IP goodwill in e-commerce and maintaining platform functionality.
Dr. M. Sharath Chandra Reddy v.M/S. Servomax Precious Electronics
The Telangana High Court set aside a lower court's dismissal of an application for interim injunction in a trademark dispute involving the 'Servomax' brand. The appellant, claiming ownership based on an assignment deed from 1998, argued that the respondent's subsequent registration was obtained through fraud and concealment of prior rights. Given the ongoing injunction and the merits of the claim regarding fraudulent acquisition, the Court directed the trial court to expedite the suit while maintaining the interim protection for the appellant.
Alkem Laboratories Ltd v.Ch V Pulla Rao
Alkem Laboratories Ltd filed a petition alleging that Ch V Pulla Rao was willfully disobeying a settlement agreement by using the deceptively similar trademark "A VITA Z" against Alkem's mark, "A to Z". The petitioner presented photographic evidence of the alleged infringement. The respondent denied the allegations and stated they were not using the infringing mark. The court noted that the respondent's counter affidavit was missing and listed the matter for further hearing.
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