IP Cases — 2023
1,252 decisions across all jurisdictions
Page 10 of 42 · 1,252 total
DOW GLOBAL TECHNOLOGIES LLC v.Controller Of Patents And Designs
The appellant challenged the rejection of its patent application for 'Ethylene-based polymers' on the ground of lack of inventive step, citing prior art documents D4 and D5. The court set aside the impugned order, holding that the arguments regarding non-obviousness were not properly engaged by the respondent. Consequently, the matter was remanded to allow reconsideration while taking into account the passage of time and foreign patent grants.
New York University v.The Assistant Controller of Patents and Designs
New York University appealed the Assistant Controller's order rejecting its patent application (No. 9210/CHENP/2011) for an invention related to targeting pathological tau proteins. The High Court found that the rejection lacked cogent reasons, particularly regarding amendments and inventive step, and consequently set aside the impugned order.
Nripendra Kashyap Constituted Attorney of Huawei Device Co., Ltd. v.The Assistant Controller of patents and Designs Patent Office, Intellectual Property Building, GST Road, Guindy, Chennai 600 032
The appellant, representing Huawei Device Co., Ltd., filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an order granting a patent on Indian Patent Application No. 9270/CHEN/2013. The learned counsel for the appellant subsequently instructed to withdraw the appeal.
Hindustan Pencils Ltd. v.Puma Stationery Ltd. and Anr.
Hindustan Pencils Ltd. successfully secured a decree in its trademark infringement suit against Puma Stationery Ltd. and A.W. Faber-Castell (India) Ltd. The judgment was based on an amicable settlement where the defendant, A.W. Faber-Castell, formally acknowledged Hindustan Pencils' ownership of the trademarks 'PLASTO' and 'NON-DUST'. Crucially, the defendant agreed to cease using these marks in stationery products and withdraw pending opposition and rectification proceedings against the plaintiff’s rights.
Fullstack Education Pvt Ltd v.Institut Europeen D Administration Des Affaires (INSEAD) Association & Anr.
The Delhi High Court, in a significant ruling, overturned an earlier single judge's decision that had sought to strike off the mark 'INSAID' from the register. The appellate bench held that while phonetic similarity and likelihood of confusion were noted, the original judgment relied too heavily on 'prima facie' findings regarding honest use and adoption. The court emphasized that rectification under Section 57 requires a definitive and conclusive determination, not merely preliminary impressions.
Sachdeva And Sons Industries Private Limited v.Deputy Registrar Of Trade Marks
The Delhi High Court dismissed two appeals filed by Sachdeva And Sons Industries Private Limited challenging the Deputy Registrar's decision to allow TM-16 applications. These applications permitted the substitution of the trademark applicant's name in pending opposition proceedings, citing that allowing the change would not prejudice the opponents' rights. The court noted the Appellant's lack of appearance and concluded that since the impugned order only related to the name change and did not affect the merits of the final opposition, the appeals were dismissed.
M/S Chirec Public School v.Shri Shakti Schools Pvt. , Ltd.
The Telangana High Court dismissed a petition filed by M/S Chirec Public School challenging the Commercial Court's refusal to stay an infringement suit. The core issue was whether the petitioner had sufficiently established that the respondent's trademark registration was prima facie invalid, thereby warranting a stay under Section 124 of the Trade Marks Act, 1999. The court found that despite averments in the written statement, the plea of invalidity lacked sufficient substantiation and could not be inferred as prima facie tenable. Consequently, the Commercial Court's decision to proceed with the infringement suit was upheld.
Hero Electric Vehicles Private Limited & Anr. v.Mr. Aman Kumar & Ors.
The Delhi High Court addressed an interim application in a trademark infringement suit brought by the Hero Group against various defendants. The court upheld the previous injunction granted on June 1, 2022, which protected the Plaintiffs' trademarks ('Hero Electric', 'Hero') and related intellectual property. Specifically, the existing orders directing the disclosure of details for infringing domain names (like www.elctricbikedelearship.com) and freezing associated bank accounts were maintained throughout the pendency of the suit.
Hatsun Agro Product Ltd. v.K. Sarinivas Reddy
The Madras High Court ruled in favor of Hatsun Agro Product Ltd. against K. Sarinivas Reddy for trademark infringement and passing off. The court found that the defendant's use of 'SRI AROGYA,' coupled with a deceptively similar color scheme, get-up, and packaging design, infringed upon the plaintiff's registered mark 'AROKYA.' Consequently, the court granted a permanent injunction to stop the unauthorized use and directed the defendant to pay costs.
10x Genomics, Inc. , President and Fellows of Harvard College v.Vizgen, Inc.
Unified Patent Court decision.
10xGenomics, Inc., President and Fellows of Harvard College v.NanoString Technologies Inc.
Unified Patent Court decision.
10x Genomics, Inc. and President and Fellows of Harvard College v.Vizgen, Inc.
This case before the Local Chamber Hamburg concerned a patent infringement action regarding EP4108782. The defendant Vizgen sought review under Rule 333.1 of an order by the presiding judge that had partially rejected its requests for production of documents disclosed in parallel US proceedings. The full panel granted most of the production requests, ordering the plaintiffs to disclose specific emails, an FAQ document, and a deposition transcript, while treating them as confidential information accessible only to legal counsel.
AIM Sport Vision AG v.Supponor Oy, Limited, SASU, España SL, Italia SRL
Unified Patent Court decision.
Strix Ltd v.Maharaja Appliances Limited
Strix Ltd filed a suit against Maharaja Appliances Limited alleging infringement of its patent (IN 192511/95) related to thermally sensitive overheat controls used in liquid heating vessels, specifically electric kettles. The defendant counter-claimed challenging the validity of the patent. Although the life of the patent had expired by the time of final judgment, the court found infringement and decreed the suit for damages and costs.
M/S. Cp Century Hardware Pvt. Ltd. v.Divyam Gupta
The Delhi High Court granted an interim injunction favoring M/S. Cp Century Hardware Pvt. Ltd. against Divyam Gupta, finding that the defendant was attempting to ride on the plaintiff's established trademark rights. The court recognized the substantial use and reputation of the 'CP CENTURY' mark in kitchen hardware products. Consequently, the defendant was restrained from using deceptively similar marks like 'CENTUARY PLUS/ACE CENTUARY PLUS' until the final hearing of the suit.
Telefonaktiebolaget Lm Ericsson (Pub) v.Intex Technologies(India) Limited
The court heard an application filed by the defendant (Intex) seeking modification of existing interim royalty rates. The court dismissed this application, noting that the defendant was straining to avoid complying with prior directions for royalty payments. Separately, the court disposed of an application concerning the reconstitution of a confidentiality club.
Lombard Brands Ltd. v.United Spirits Limited
The Madras High Court allowed a rectification petition filed by Lombard Brands Ltd against United Spirits Limited regarding the trade mark 'STORM'. The court found that the registration for STORM in Class 33 was liable to be cancelled because the first respondent failed to demonstrate continuous use of the mark for at least five years, as required under Section 47 of the Trade Marks Act. Consequently, the Registrar was directed to remove the impugned trade mark from the register.
Ind Swift Limited v.Registrar Of Trademarks & Anr.
In this trademark opposition matter, Ind Swift Limited sought an exemption from strict procedural requirements regarding document submission. The Delhi High Court allowed the application, permitting the Appellant to produce original documents later as required by law. The court also noted that the appellant's mark 'AMYCLOX' is opposed by Cedar Properties and Trading LLP, directing necessary intimation to the opposing counsel before listing the matter for further proceedings.
Plant-e Knowledge B.V., Plant-e B.V. v.Arkyne Technologies S.L.
Unified Patent Court decision.
myStromer AG v.Revolt Zycling AG
Unified Patent Court decision.
Array Biopharma Inc v.Deputy Controller Of Patents And Designs
Array Biopharma Inc filed an appeal challenging the rejection of its patent application (No.450/DELNP/2015) by the Deputy Controller of Patents and Designs on June 30, 2023. The court issued notice and directed written submissions from the Respondent.
M/s.Ufo Moviez India Ltd. v.M/s Real Image Media Technologies Pvt.Ltd
The petitioner filed a Transfer Original Petition seeking revocation of Patent No. 202980. The court observed that the term of this patent had expired on October 18, 2022, rendering the petition infructuous.
The University of Houston v.The Assistant Controller of Patents and Designs, Government of India
The University of Houston filed a Transfer Civil Miscellaneous Appeal seeking to set aside an earlier order and allow its patent application (No. 379/CHENP/2008) to proceed for grant. The petitioner subsequently endorsed that it did not intend to prosecute the appeal, leading the court to dismiss the petition.
Business Objects Software Limited v.The Assistant Controller Of Patents And Designs
Business Objects Software Limited filed an appeal challenging the refusal of its patent application (No. 7583/CHENP/2011). The Appellant subsequently sought permission to withdraw this appeal to file it before the High Court of Madras. The court dismissed the present appeal as withdrawn.
Shyam Enterprises Private Limited v.Hotel Amaravati
The Madras High Court partially decreed a suit filed by Shyam Enterprises Private Limited against Hotel Amaravati concerning trademark infringement and passing off. The court found that the plaintiff had successfully proven its claim regarding the use of the registered trademark AMARAVATHI in the hotel and hospitality sector. Consequently, the defendant was granted permanent injunctions restraining them from using the mark or suggesting a connection to the plaintiff's services. However, since the plaintiff did not press for claims related to damages or accounting of profits, those specific reliefs were dismissed.
M/s.A.Habeebur Rahman Sons v.M/s.S.Jaffer Mohideen Alias Noushad
The Madras High Court dismissed an appeal filed by M/s.A.Habeebur Rahman Sons against the rejection of their opposition to a trademark application (No.676174). The court found that despite the appellant's claims of prior use of 'S', the respondent's mark, which prominently features 'FILTER BEEDI,' was not likely to cause confusion among consumers. However, the judgment imposed strict conditions on the respondent, requiring them to use their label in combination with two other specific labels and formally undertake not to use the 'SS' logo independently.
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.
Shyam Sel And Power Limited v.Atibir Industries Company Limited
The Calcutta High Court ruled in favor of Shyam Sel And Power Limited, granting a permanent injunction against Atibir Industries Company Limited. The court found that the defendant's use of the mark 'ISEL' on TMT bars constituted passing off, as it was deceptively similar to the plaintiff's established mark 'SEL'. Relying on the principles of trade law and the lack of defense from the respondent, the court expedited the judgment under Order VIII Rule 10 CPC.
Nalli Sambbasivam Trading as M/s.Nalli's Silks Sari Centre v.M/s.Nalli Chinnasami Chetty & Ors.
The Madras High Court dismissed two rectification petitions filed by Nalli Sambbasivam against M/s.Nalli Chinnasami Chetty regarding the trade mark 'Nalli'. The core issue was whether a rectification petition could proceed when an earlier infringement suit concerning the same marks was pending before the Bombay High Court. The court held that under Section 124 of the Trade Marks Act, a party must first convince the civil court to frame a triable issue on the validity of the registration before seeking rectification.
Bidisha Ghoshal v.The Registrar Of Trade Marks
Bidisha Ghoshal appealed the rejection of her trademark application '42 orchids' by The Registrar of Trade Marks, arguing that the Examiner's refusal was mechanical and lacked sufficient reasoning. The Calcutta High Court agreed, finding the impugned order cryptic and devoid of substantive discussion regarding similarity or likelihood of confusion. Consequently, the court set aside the rejection order and remanded the matter back to the authorities for a fresh examination, ensuring due process.
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