IP Cases — 2022
744 decisions across all jurisdictions
Page 8 of 25 · 744 total
Laboratoires Griffon Private Limited v.Pinaki Chunilal Bhattacharya
The Bombay High Court granted an ad-interim injunction in favor of Laboratoires Griffon Private Limited against Pinaki Chunilal Bhattacharya. The suit involved claims of trademark infringement and passing off concerning the pharmaceutical brand 'GLIMET'. The court found that the impugned mark 'DLYMET' was deceptively similar to the plaintiffs' registered mark, especially since both were intended for medicinal preparations. Given the strong prima facie case and the risk of irreparable injury, the court ordered a temporary restraint on the defendant's use of the disputed mark.
Pfizer Inc & Ors. v.Natco Pharma Limited
Pfizer Inc & Ors filed a suit for permanent injunction against Natco Pharma Limited alleging infringement of patent IN 218291 covering the drug 'Palbociclib'. The parties subsequently entered into an amicable settlement agreement, which was recorded by the Court.
Gsp Crop Science Private Limited v.Fmc Agro Singapore Pte Ltd.
The court heard several applications filed by Gsp Crop Science Private Limited, including an application seeking interim injunction and discovery. The Petitioner sought protection against the Respondents interfering with its business related to the process claimed in patent IN 252004.
Vivek Kochher & Anr v.Kyk Corporation Ltd & Ors
The Delhi High Court addressed an appeal challenging a judgment that had partially allowed a counter-claim by Kyk Corporation, granting it permanent injunctions. The court found that while the Intellectual Property Appellate Board's (IPAB) findings were dispositive regarding trademark registration, they did not address Kyk Corporation's core claim of passing off. Consequently, the High Court set aside the granted injunctions and remanded the matter to the Single Judge to specifically consider Kyk Corporation's claim for passing off based on the existing evidence.
Bayer Healthcare Llc v.MSN Laboratories Private Limited
This order addressed various interlocutory applications in the commercial suit filed by Bayer Healthcare Llc against MSN Laboratories Private Limited. The court allowed several procedural requests, including granting time extensions and allowing additional documents. It also noted that the defendant had not yet launched its product and directed it to maintain status quo.
Otsuka Pharmaceutical Co Ltd v.The Controller Of Patents
Otsuka Pharmaceutical appealed the Controller's order refusing a patent application for a medicament combination involving Brexpiprazole, citing lack of inventive step. The appellant argued that the rejection was non-reasoned and procedurally flawed, particularly because the Respondent introduced new prior art documents (D2 and D3) without giving the Appellant an opportunity to respond. The High Court found the impugned order vitiated due to procedural infirmities and set it aside, remanding the matter for fresh consideration.
Communication Components Antenna Inc v.Mobi Antenna Technologies (Shenzhen) Co. Ltd.
The Delhi High Court passed an order on September 22, 2022, addressing several interlocutory applications in a suit concerning antenna technology. The court listed one application for hearing regarding the certificate of validity under Section 113 of the Patents Act, 1970.
Sandvik Intellectual Property Ab v.Sai Deepa Rock Drills Private Limited
The suit involved allegations of infringement against the subject matter of Plaintiff No. 1's registered Patents. The parties amicably resolved the dispute regarding legal costs, leading to a settlement.
Komal Meena v.Mayank Pareek
The Rajasthan High Court quashed a lower court's order that had rejected an application for a temporary injunction. The core issue was whether the lack of a registered trademark barred the plaintiff from seeking relief in a passing off suit. The High Court clarified that while registration provides exclusive rights, Section 27(2) allows suits for passing off even if the mark is unregistered. Consequently, the court directed the trial court to reconsider the injunction application based on the correct legal principles.
Fmc Corporation v.Natco Pharma Limited
The suit sought a permanent injunction against Natco Pharma Limited for infringing FMC Corporation's patent IN'645, which covers a method for preparing the insecticide CTPR. The court examined the processes used by both parties and relied on scientific advisor reports. Ultimately, the court found that the competing processes were distinct and not 'equivalent', allowing Natco to launch CTPR.
M/S Shubham Goldiee Masale Pvt. Ltd v.Pan Parag India Limited & Anr.
The Delhi High Court allowed the cancellation petition filed by M/S Shubham Goldiee Masale Pvt. Ltd against Pan Parag India Limited & Anr. The court granted the relief based on an undertaking from Respondent No. 1, which stated they had no intention to use the impugned registered trademark 'GOLDIE' in their trade business of PAN MASALA. Consequently, the Registrar was directed to cancel and expunge the registration within six weeks.
Asian Paints Ltd. v.Charulbhai Patel Prop. Business under name of Pacific Paints Industries.
The applicant (Asian Paints Ltd.) filed an interim application seeking further ad-interim relief in a commercial IP suit against the defendants. The court noted that previous ad-interim relief had been granted, and since the defendant was served, the matter was placed on the board for 'further ad-interim relief' on a subsequent date.
Pfizer Inc v.Azista Industries Private Limited
Pfizer Inc filed a suit seeking an injunction against Azista Industries Private Limited for infringing patent no. IN 218291, which covers the pharmaceutical product 'Palbociclib'. After considering the submissions and assurances given by the Defendants that they would not manufacture or sell the product in India, the Court decreed the suit.
Kanishk Sinha v.The Union Of India And Anr.
The appellant challenged the denial of his plea for extending the validity/tenure of his Patent due to seven-year delays by authorities. He also questioned the constitutional validity of Section 53 of the Patents Act, 1970. The Calcutta High Court upheld the Single Judge's decision, stating that no provision allows for automatic extension as a penalty and noting that the issue of constitutional validity was not properly argued.
M/S Mankastu Impex Pvt. Ltd. v.Kent Ro Systems Ltd.
The Delhi High Court resolved a complex trademark dispute between M/S Mankastu Impex Pvt. Ltd. and Kent RO Systems Ltd. The case involved an injunction suit against alleged infringement of the 'HEPA PURE' trademark. After extensive litigation, including appeals challenging rectification orders, the parties successfully entered into mediation. Consequently, the court decreed the original suit based on a settlement agreement, allowing Kent RO Systems to continue using the mark while Mankastu Impex agreed not to object.
Dharampal Satyapal Limited v.Mr. Raj Kumar Agarwal & Anr.
This Delhi High Court judgment confirms a settlement reached between Dharampal Satyapal Limited (Plaintiff) and Mr. Raj Kumar Agarwal & Anr. (Defendants). The parties amicably resolved the dispute over trademark infringement concerning flavored pan-masala products. Key terms include the Defendants acknowledging the Plaintiff's sole proprietary rights in 'TANSEN' and 'TANSEN BLUES,' agreeing to immediately cease using the infringing mark 'TENSION FREE,' and undertaking to destroy all related materials and withdraw associated IP registrations.
M/s.Micro Labs Limited v.Mr.A.Santhosh
M/s. Micro Labs Limited filed a civil suit against Mr. A. Santhosh alleging infringement of its registered trademark 'AVAS' and copyright in its label by the use of the deceptively similar mark 'AVASLIP'. The plaintiff sought permanent injunctions, damages, and accounts of profits. However, the Madras High Court rejected the plaint, finding that the plaintiff failed to comply with the mandatory pre-institution mediation requirement stipulated under Section 12-A of the Commercial Courts Act, 2015.
Sterlite Technologies Limited v.Hfcl Limited
Sterlite Technologies Limited filed a suit seeking an injunction against Hfcl Limited for infringing its Indian Patent No. IN335369, which relates to optical fiber cables (OFCs). The defendant challenged the patent's validity and sought vacation of the ex-parte injunction. The court found serious doubt regarding the novelty and inventive nature of the suit patent.
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.
Zydus Wellness Products Limited v.M/S Arihant Remedies & Anr.
The Delhi High Court confirmed the existing ad-interim injunction in favor of Zydus Wellness Products Limited against M/S Arihant Remedies & Anr. The court found that the defendant's product was prima facie deceptively similar to the plaintiff's registered trademark and trade dress, despite arguments regarding ownership transfer and territorial jurisdiction. This ruling reinforces the protection afforded to established brands through both trademark law and passing off principles.
Eli Lilly And Company v.Bryan Pharmaceuticals Through Its...
The suit seeks a permanent injunction against the unauthorized sale and distribution of Baricitinib, a drug used for rheumatoid arthritis, which allegedly infringes the plaintiff's patent. The case also involves claims for damages and delivery up.
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.
Indiamart Intermesh Limited v.Mr Sameer Samim Khan & Ors.
The Delhi High Court ruled in favor of Indiamart Intermesh Limited, granting permanent injunctions against the defendant for infringing its registered trademarks and copyrighted artistic works associated with the 'INDIAMART' brand. The court also ordered the transfer of specific domain names to the plaintiff and awarded punitive damages due to the defendant's alleged nefarious scheme to deceive innocent persons. This judgment strongly affirms the protection afforded to established digital brands operating in the B2B space.
Fmc Corporation v.Best Crop Science Llp
Plaintiffs filed a suit seeking permanent injunction against Best Crop Science LLP for allegedly using the patented process IN '645 to manufacture Chlorantraniliprole (CTPR) under the brand name CITIGEN. Defendants contested the suit, raising issues of patent invalidity due to non-working and allegations of evergreening by plaintiffs. The Court ordered the appointment of a Local Commissioner and Scientific Advisors to independently analyze the product and map the defendants' process against the suit patent.
Haryana Pesticides Manufactures Association v.Willowood Chemicals Private Limited
The petitioner challenged an impugned order passed by the Deputy Controller of Patents and Designs, which granted a patent for 'Novel Fungicidal Composition'. The petitioner argued that the respondent made amendments to their claims without providing them an opportunity to be heard. However, the court dismissed the writ petition, holding that the petitioner had already availed of alternative remedies.
Calvin Klein Trademark Trust v.M/S Blue Ivory & Ors.
The Delhi High Court granted an ad-interim injunction in favor of Calvin Klein Trademark Trust against M/S Blue Ivory & Ors., finding a prima facie case of trademark infringement. Furthermore, the court appointed Local Commissioners with extensive powers to inspect premises, seize counterfeit goods bearing the CK Marks, and demand disclosure of financial records from the defendants. This order provides immediate protection while allowing for thorough investigation into the alleged counterfeiting operations.
M/S Maan Pharmaceuticals Ltd. v.M/S Mindwave Healthcare Pvt. Ltd.
The Delhi High Court dismissed M/S Maan Pharmaceuticals Ltd.'s appeal, upholding a Commercial Court order that restrained Maan from using the trademark 'BUPROEX'. The court found that Mindwave Healthcare was the registered proprietor of the mark and that evidence suggested Maan acted as a third-party manufacturer or contract manufacturer. This ruling reinforces the principle that registration rights hold significant weight against claims of prior use by manufacturers, especially when correspondence supports the relationship.
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.
Sanjay Soya Private Limited v.Lokeshwari Traders And Anr.
The Bombay High Court disposed of Commercial IP Suit No. 362 of 2022 after confirming that all undertakings stipulated in the parties' Consent Terms had been duly complied with. The defendants confirmed they had applied to withdraw their trademark application and declared non-use of the mark, while also providing evidence that the impugned products had been destroyed. This order formally concluded the litigation based on mutual agreement.
Sterlite Technologies Limited v.Anupam Singh & Ors.
Sterlite Technologies Limited filed a suit seeking permanent injunctions and damages against former employees (Defendants No. 1 & 2) and their new employer, HFCL Ltd., alleging breach of confidence and misappropriation of trade secrets. The core dispute revolved around patent applications filed by HFCL that allegedly incorporated Sterlite's proprietary information. Although the original suit was not numbered as a commercial suit, the court observed that disputes involving trade secrets and confidential information related to patents fall under the broad definition of 'commercial dispute'.
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