IP Cases — 2023
1,360 decisions across all jurisdictions
Page 10 of 46 · 1,360 total
Vee Excel Drugs And Pharmaceuticals Pvt Ltd v.Hab Pharmaceuticals And Research Limited
The Delhi High Court dismissed an appeal filed by Vee Excel Drugs challenging the Intellectual Property Appellate Board's (IPAB) decision to cancel two pharmaceutical trademarks: 'VEGA ASIA' and 'VEGAH TABLETS'. The core issue revolved around determining prior use, particularly when one mark was registered on a 'proposed to be used basis.' The Court upheld the IPAB's finding that the subsequent user had the better right, emphasizing that the High Court should not re-appreciate evidence while exercising supervisory jurisdiction under Article 226.
Unilever Global Ip Limited v.Mukesh Kumar Trading As A H Impex
The Commercial Suit filed by Unilever Global Ip Limited against Mukesh Kumar Trading As A H Impex was disposed of after both parties reached a settlement. The court accepted the Consent Minutes of Order, which resulted in the decree being passed in favour of the Plaintiffs.
Daicel Corporation v.The Controller Of Patents
Daicel Corporation appealed a rejection order passed by the Joint Controller of Patents & Designs regarding its patent application for a disintegrating tablet. The Patent Office rejected the application, citing lack of inventive step under Section 2(1)(ja) of the Patents Act, 1970.
Priya Randolph v.The Deputy Controller of Patents and Designs
The appellant challenged the Controller's decision rejecting their patent application (201641026786) on the grounds that the invention was a 'business method' under Section 3(k) of the Patents Act. The court examined the claims, which related to concealing physical address information during e-commerce transactions using software and hardware. The High Court held that the monopoly claim was on a technical solution for data privacy, not merely a business method.
Blackberry Limited v.Assistant Controller Of Patents And Designs Patent Office
Blackberry Limited appealed a refusal order issued by the Assistant Controller of Patents which held that its method claims were not patentable because they consisted of executable software instructions. The High Court set aside this refusal, citing judicial precedents, and remanded the application for fresh consideration.
Mr.K.Mangudithangaraj (Trading as Poonam Enterprises) v.Mrs. Thirumalsamy Shanthi & Mr. Karnan
This civil suit was filed by Mr. K. Mangudithangaraj, trading as Poonam Enterprises, against Mrs. Thirumalsamy Shanthi and Mr. Karnan for alleged trademark infringement and passing off related to the registered mark 'POONAM'. The plaintiff sought permanent injunctions and damages due to the defendants' use of the similar mark 'PUNITHAM'. However, despite multiple opportunities, the plaintiff failed to appear before the court on the date of judgment.
Gopal Krishan S/O. Sh. Mangat Rai v.The Registrar Of Trade Marks (Govt. Of India)
This writ petition was filed by Gopal Krishan seeking a direction from the High Court to expedite the registration of his trademark 'PANTHER' in Class 5. The petitioner highlighted that the application had been pending for an extended period since 2015. The court issued notices to the respondents, setting a timeline of six weeks for the matter to be returned, thereby moving the case forward.
Livguard Energy Technologies Pvt Ltd. v.Mohammad Akil And Anr
The Delhi High Court disposed of a trademark infringement case following a comprehensive settlement between Livguard Energy Technologies Pvt Ltd. and Mohammad Akil And Anr. The respondent acknowledged the petitioner's exclusive rights in LIVFAST/ and agreed to cease using confusingly similar marks like LEFAST/. Crucially, the court directed the Trade Marks Registry to forthwith cancel two specific registrations (4059607 and 4380874) in favor of the respondent, finalizing the dispute while allowing a grace period for existing stock exhaustion.
F.Hoffmann-La Roche Ltd. v.Aurobindo Pharma Limited
F.Hoffmann-La Roche Ltd. filed a petition seeking revocation of Indian Patent No. 216665 against Aurobindo Pharma Limited and the Controller of Patents. The court noted that the patent's term had expired on June 24, 2014, rendering the matter infructuous.
Synthes Gmbh v.Controller General Of Patents, Designs And Trademarks and Anr
Synthes Gmbh challenged an impugned order from the Assistant Controller of Patents, Designs and Trademarks, arguing that the rejection lacked due process. The court found that the original order was a 'total mockery' as it merely cut and pasted objections without providing any reasoned analysis or considering the appellant's replies. Recognizing the severe procedural lapses, the Delhi High Court quashed the decision and remanded the application for fresh consideration by a different officer.
Raytheon Company v.Controller General Of Patents And Designs
Raytheon Company appealed the refusal of its patent application, 'Scheduling in a High-Performance Computing System,' which was rejected by the Controller under Section 15 for lack of inventive step and non-patentability (Section 3(k)). The core argument centered on the Controller incorrectly applying outdated Computer Related Invention Guidelines. Raytheon contended that their invention provided a technical solution to HPC scalability issues, specifically reducing job scheduling time. The Delhi High Court allowed the appeal, setting aside the refusal order and directing a fresh examination without mandating novel hardware.
Nadeem Majid Oomerbhoy v.Rashid Sattar Oomerbhoy & Ors
The Bombay High Court intervened in a court-supervised licensing process for proprietary edible oil trademarks, citing concerns over the integrity of the bidding. The Judge found that media reports suggesting bias had compromised the neutrality of the auction, leading to only two bidders remaining (the Plaintiff and one Defendant). Consequently, the Court Receiver was directed to halt the current proceedings, return all existing deposits, and reissue advertisements under strict conditions of silence from all parties.
SELFDOT TECHNOLOGIES (OPC) PVT. LTD. v.Controller General of Patents, Designs & Trade Marks
The appeal challenged an order rejecting a patent application (No. 201843023004) on the ground that the applicant contravened Section 39 of the Patents Act, leading to deemed abandonment under Section 40. The appellant argued that since the parent invention was first filed in India and the breach was technical, not substantive, the rejection should be overturned.
Abbott Diabetes Care Inc. v.Dexcom Inc., Dexcom International Limited
This UPC CFI decision addressed a procedural hurdle in the infringement action brought by Abbott Diabetes Care Inc. against Dexcom Inc. and its international subsidiary. The court accepted evidence that proper service had been effected on the defendant using an Irish process server, thereby resolving a key jurisdictional issue. This ruling allows the main infringement proceedings to move forward, setting a clear timeline for filing the Statement of Claim.
Dr. Reddys Laboratories Limited v.Fast Cure Pharma And Anr.
The Delhi High Court allowed a petition seeking the rectification of a trademark registration, declaring the mark 'RAZOFAST' illegal. The court found that 'RAZOFAST' was deceptively similar to the petitioner's prior registered mark 'RAZO', which is used for the pharmaceutical compound Rabeprazole. Consequently, the registration of 'RAZOFAST' was cancelled and removed from the register.
Novartis Ag & Anr. v.Natco Pharma Limited
Novartis, the patent holder of IN 276026 covering novel pyrimidine compounds including Ceritinib, alleged that Natco Pharma Limited was infringing the patent by manufacturing and selling Ceritinib under its brand NOXALK. The court found that Natco had infringed the valid suit patent.
Shemford Schools Private Limited & Anr. v.R.R.R Education And Charitable Trust & Anr.
The Delhi High Court granted an ad interim injunction in favor of Shemford Schools Private Limited against R.R.R Education And Charitable Trust. The dispute centered on the alleged infringement and passing off of the registered trademark 'SHEMFORD' by the defendants, who were operating schools under similar names like 'SHAMFORD'. Given the virtual identity between the marks and the potential for consumer confusion in the educational sector, the court found that the plaintiffs would suffer irreparable loss without immediate protection.
R X Infotech Private Limited v.Jalpa Rajesh Kumar Jain
The Delhi High Court dismissed a defendant's application seeking to reject the plaint on grounds of lack of territorial jurisdiction. The court held that even if the suit was primarily based on Section 134 of the Trade Marks Act, the general provisions of Section 20 of the CPC allow for jurisdiction where any part of the cause of action arose. Specifically, the court found that online transactions related to the defendant's website could reasonably be considered to have occurred within Delhi, thus validating the plaintiff's choice of forum.
Mrs.Veena Kumaravel v.Union Of India
Mrs. Veena Kumaravel challenged the abandonment of her trademark application, 'Natural's @,' before the Madras High Court. The petitioner sought to quash the public notice that treated her mark as abandoned under Section 21(2) of the Trade Marks Act. However, the case was ultimately dismissed because the Central Government subsequently withdrew the order of mass abandonment that formed the basis of the challenge.
landmark crafts private limited v.sohan lal gupta
M/s Landmark Crafts Private Limited sued M/s Sohan Lal Gupta alleging infringement of its trademark 'HP'. The dispute centered on the identical packaging and color combination used by both parties for competing products, raising concerns about passing off. The Defendants agreed to change their product's packaging.
Unilever Ip Holdings B.V. v.Mritunjay Kumar
The Commercial IP Suit filed by Unilever Ip Holdings B.V. against Mritunjay Kumar was settled between the parties. The Court accepted the Consent Terms, which were signed by both sides, and consequently disposed of and decreed the suit.
Vifor (International) Ltd. v.Eris Lifesciences Limited
This order addresses various applications seeking interim directions in suits related to the patent IN 221536. The court vacated previous status quo orders following a Coordinate Bench's dismissal of injunction applications, but imposed conditions that defendants must not follow the patented process and must maintain complete sales accounts.
Ttk Prestige Ltd. v.Gupta Light House
Ttk Prestige Ltd. filed a suit alleging that Gupta Light House infringed its registered cooker design (Registration No. 197906). The court found the plaintiff's design valid and maintainable, rejecting the defendant's claims regarding lack of novelty or prior publication. However, the court ruled against granting permanent injunction or delivery up of goods because the design had expired on September 13, 2019. Ultimately, the suit was decreed in favor of Ttk Prestige Ltd., directing the defendant to render accounts of earnings and awarding costs.
R.Nagarajan @ K.R.Nagarajan v.S.Ravichandran
The Madras High Court allowed a rectification petition filed by R.Nagarajan against S.Ravichandran concerning Trade Mark No. 3102490 (RAVIRAM'S). The decision was based on a joint memorandum of compromise where the defendant agreed to withdraw and cancel the registered trademark. Consequently, the court directed the Registrar of Trade Marks to remove the entry from the register within four weeks.
E.Kiruthika v.(1)K.S.Moorthi Ram, (2)M.Maheshwari Partnership Firm M/S.Vishwak Garments, The Registrar of Trade Marks
The Madras High Court dismissed the petition filed by E.Kiruthika seeking to cancel the trademark registration 'VISHWAK' (No.2406200). The court noted that the trademark registration had expired on October 4, 2023, and since the long stop date for renewal had passed, the petition was deemed infructuous. This highlights the critical importance of timely action regarding trademark renewals to maintain legal rights.
Rosemount Inc v.Deputy Controller Of Patents And Designs
Rosemount Inc appealed a rejection order passed by the Controller of Patents regarding its application for a 'Process Device with Density Measurement.' The Controller had rejected the patent citing lack of inventive steps based on prior art. However, the Delhi High Court found that the Controller's impugned order was cryptic and failed to provide adequate reasoning or analyze the three essential elements required to determine inventive step. Consequently, the High Court set aside the rejection and remanded the matter back to the Patent Office for fresh consideration with a mandate for a reasoned decision.
United Coffee House v.Raghav Kalra
The Delhi High Court allowed the appeal filed by United Coffee House, leading to the cancellation of a nearly identical mark registered by Raghav Kalra. The court found that the respondent's registration was ex-facie dishonest because it failed to disclose his partnership interest in the petitioner's firm during the application process. This decision reinforces the principle that prior use and established goodwill outweigh subsequent registrations made in bad faith.
Desert Friendly Camps Private Limited v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Desert Friendly Camps Private Limited against the Registrar of Trade Marks' refusal of its trademark application, 'THE SERAI JAISALMER.' The court found that the mark was not descriptive for Class 43 services, especially given the existence of a nearly identical registered mark in the same classes. Furthermore, considering the lapse or refusal status of most cited prior marks, the Court directed the Trademark Registry to process and advertise the application, subject to an explicit disclaimer regarding the word 'JAISALMER.'
10x Genomics, Inc. v.NanoString Technologies Inc.
This UPC decision addressed a request for provisional measures concerning the unitary patent EP4108782 related to analyte detection methods. The court provided important guidance on the standard of proof required (preponderant likelihood) when assessing validity in provisional measures proceedings. While the main injunction requests were dismissed, the court granted specific relief regarding indirect infringement and imposed significant penalty payments against the defendants.
Dsm Ip Assets B.V. v.The Controller of Patents and Designs
Dsm Ip Assets B.V. filed a Transfer Civil Miscellaneous Appeal seeking to overturn an order refusing to grant a patent on Application No. 3957/CHENP/2011. The appeal was dismissed by the Madras High Court because the appellant failed to appear in court at the hearing, despite being served notice.
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