IP Cases — 2023
1,252 decisions across all jurisdictions
Page 17 of 42 · 1,252 total
M/S Laxmi Agro Impex India v.M/S Ladli India Commodities
In a dispute concerning the trade mark 'LADLI/SABKI LADLI', the Delhi High Court addressed parallel proceedings related to trademark rectification. Recognizing that simultaneous litigation could lead to multiplicity of suits, the court permitted both parties to withdraw their respective pending rectification petitions. This decision aims to consolidate the issues and streamline the legal process for a comprehensive trial.
M.S.Earthevents (I) Private Limited v.Assistant Registrar of Trade Marks
The Madras High Court set aside an administrative order that had removed a registered trademark (No. 1249884) from the register. The appellant successfully argued that the Registrar of Trade Marks failed to comply with mandatory procedural requirements, specifically by not issuing the required notice (Form O-3) to the proprietor before taking action. Consequently, the court allowed the appellant to take necessary steps for the renewal of their trademark.
Harsh Vardhan v.Alna Biotech Pvt Limited & Anr.
The Delhi High Court allowed a petition filed by Harsh Vardhan seeking rectification of the trademark register. The court directed the Registrar of Trademarks to forthwith cancel the 'GLAMROOT' mark, which was registered in favor of Respondent 1 (Alna Biotech Pvt Limited). This decision effectively removed the disputed mark from the registry.
United Breweries Limited v.Rajesh Kumar Kohli And Anr
United Breweries Limited filed a petition seeking the cancellation of the 'KINGFISHER' mark registered by Rajesh Kumar Kohli, arguing exclusive association with its brand. However, due to the Petitioner's repeated failure to appear before the court, the Delhi High Court ultimately dismissed the petition for non-prosecution. This case highlights the procedural requirements in trademark litigation and the importance of consistent representation.
SSG Pharma (P) Ltd v.Paras Pan Products Pvt Ltd
SSG Pharma (P) Ltd filed a petition seeking rectification of the copyright held by Paras Pan Products Pvt Ltd concerning the artistic work 'NAGRAJ HARFANMOLA'. The Petitioner argued that its own artistic work, 'SATMOLA', was the prior adopter and user. The court found that the Respondent's artistic work bore a striking resemblance to the Petitioner's, noting that the pouches were copied in terms of color scheme and images of children. Consequently, the court directed the rectification/expungement of the impugned copyright registration.
The Coca-Cola Company v.The Controller Of Patents & Anr.
The Coca-Cola Company filed an appeal challenging the Controller of Patents' decision to reject a patent application concerning 'BIO-BASED POLYETHYLENE TEREPHTHALATE POLYMER AND METHOD OF MAKING THE SAME'. The appellant argues that all grounds for patentability were satisfied, despite the rejection based on lack of inventive step and insufficient disclosure. The court allowed applications for exemption from filing documents and condoned delay in filing the appeal.
Saurav Chaudhary v.Union Of India & Anr.
Saurav Chaudhary filed a writ petition challenging the abandonment of his patent application, "Blind-Stitch Sewing Machine and Method of Blind Stitching." The Petitioner sought restoration of the application, alleging that repeated follow-ups to their patent agent were ignored, leading to the deemed abandonment. The Court directed the Patent Agent firm to file an affidavit detailing all correspondence related to the abandonment process. Furthermore, the bench raised broader concerns regarding the lack of regulatory supervision over IP agents in India.
Cresset Capital Management Llc & Anr. v.Registrant Of Www.Cressetcapital.In & Ors.
The Delhi High Court granted interim relief in a trademark infringement suit filed by Cresset Capital Management LLC against domain name registrants. The court recognized the global goodwill associated with the 'Cresset' mark, despite its lack of Indian registration, finding that several registered domains were being used to commit fraud and misrepresent the Plaintiffs' business. Consequently, the Court directed Domain Name Registrars (DNRs) and Internet Service Providers (ISPs) to immediately lock and suspend the infringing websites, while also directing law enforcement to commence action against the perpetrators.
N.C.Nanu v.The Registrar of Trade Marks
The Madras High Court allowed a writ petition filed by N.C.Nanu, whose trademark application for 'PAYYOLI MIXTURE' was deemed abandoned by the Registrar of Trade Marks. The court held that the petitioner had complied with Section 21(2) of the Trademarks Act, 1999, as the initial counter statement was filed within the stipulated two-month period from receiving the notice of opposition. The High Court quashed the abandonment order and directed the Registry to consider the application on its merits.
Sharp Kabushiki Kaisha (Sharp Corporation) v.Sharp Tools; The Deputy Registrar of Trade Marks
The Madras High Court dismissed an appeal filed by Sharp Kabushiki Kaisha against a trademark registration order. The core issue was whether to set aside the Deputy Registrar's decision that rejected Sharp's opposition to the mark 'SHARP.' However, the court found the appeal moot because the challenged trademark (No. 1185252) had lapsed and not been renewed since March 2013. Consequently, the legal challenge became infructuous.
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.
Spalon India Pvt. Ltd. v.Roopa Lakshmi Bhat; The Registrar of Trademarks
The Madras High Court allowed Spalon India Pvt. Ltd.'s application for rectification against Trademark No. 2280919. The court noted that the last registration of the mark had expired on February 10, 2022, making its continued presence in the Register invalid. Consequently, the Registrar of Trademarks was directed to remove the entry from Classes 3, 41, and 44 within four weeks.
Vidyothsahi Educational and Charitable Trust v.Samina Mahmood
The Madras High Court dismissed four original petitions filed by Vidyothsahi Educational and Charitable Trust seeking the revocation of several 'Headstart' trademark applications. The dismissal was based on a prior decree from Bengaluru, which included a memorandum of compromise. Under this agreement, the petitioner had undertaken not to infringe upon or pass off educational services using the plaintiffs' registered trademarks. Given this binding commitment, the court found that the petitioner could no longer prosecute the revocation petitions.
Quikr India Private Limited v.Sellquikr Private Limited
The Karnataka High Court disposed of the writ petition based on a joint compromise memo between Quikr India Private Limited and Sellquikr Private Limited. The core agreement stipulated that Sellquikr acknowledged having no rights over Quikr's registered trademarks and copyrighted material. Furthermore, Sellquikr committed to immediately changing its corporate name by removing 'QUIKR,' taking down all associated websites and applications, transferring the domain name sellquikr.in/ to Quikr, and ceasing any use of Quikr's intellectual property.
World Animal Protection v.The Examiner of Trade Marks
The Madras High Court overturned the Trademark Examiner's rejection of World Animal Protection's device mark application. Although the court acknowledged that the individual words are descriptive, it ruled that when considered as a composite device mark, the registration was sufficiently distinctive to warrant protection. The appeal was allowed, allowing the trademark application to proceed to advertisement, provided the appellant does not claim exclusive rights over the constituent words.
Frenway Products Inc. v.The Assistant Registrar of Trademarks
The Madras High Court overturned a refusal of trademark registration granted by the Assistant Registrar. Frenway Products Inc., seeking to register a device mark for handtools, challenged the objections raised under Sections 9 (lack of distinctiveness) and 11 (likelihood of confusion). The court found the Section 9 objection untenable, noting the mark was not generic or descriptive. Furthermore, it noted that the cited conflicting mark had lapsed, allowing the application to proceed to advertisement.
Insta Rooms Private Limited v.The Senior Examiner of Trade Marks
The Madras High Court overturned a rejection of Insta Rooms Private Limited's device mark application. The Examiner had objected that the mark was highly descriptive of temporary accommodation services. However, the court ruled that when considered as a whole—including the visual elements (bed and lamp) alongside the words 'Insta Rooms Book Instantly'—the mark possesses sufficient distinctiveness to overcome the Section 9 objections. The registration was allowed, though with a caveat limiting the appellant's exclusive rights over the individual words 'insta' or 'rooms'.
Sanofi-Aventis Deutschland GmbH v.Amgen, Inc.
Unified Patent Court decision.
Shear Genius Academy & Services Pvt. Ltd. v.M/s.Team-Venture; The Registrar of Trade Marks
The Madras High Court dismissed the Original Petition filed by Shear Genius Academy & Services Pvt. Ltd. seeking to remove or rectify the trade mark 'SHEAR MAGIC UNISEX SALON AND SPA' from the Register of Trade Marks. The dismissal was based solely on the petitioner's failure to appear and prosecute the matter despite multiple notices being served. This ruling highlights the strict procedural requirements in trademark litigation.
CCL Product (India) Ltd. v.The Registrar of Trade Marks
The Madras High Court set aside the Registrar's refusal to register CCL Product's device mark 'CONTINENTAL WITH TWO COFFEE BEANS AT THE TOP.' The court found that the initial rejection failed to adequately consider the appellant's prior registrations and use, particularly across both Class 30 (beverages) and Class 11 (appliances). While allowing registration to proceed, the Court imposed a limitation on its use in Class 11, restricting it specifically to beverage vending and dispensing machines.
Abhishek Jain (Trading As M/S Trip Planners) v.Trip Planners Holidays Private Limited
The dispute between Abhishek Jain (M/S Trip Planners) and Trip Planners Holidays Private Limited was amicably settled through mediation before the Delhi High Court. The settlement mandates that the defendant must cease all use of the trademark 'Trip Planners' and its derivations in perpetuity, including removing it from business names, websites, social media handles, and closing associated domains/email suffixes by December 31, 2023. Furthermore, the defendant agreed to withdraw a pending trademark application for the disputed mark.
Edwards Lifesciences Corporation v.Meril GmbH
Unified Patent Court decision.
AIM Sport Vision AG v.Supponor Oy, Supponor Limited, Supponor SASU, Supponor Italia SRL, Supponor España SL
Unified Patent Court decision.
AIM Sport Vision AG v.Supponor Oy, Supponor Limited, Supponor SASU, Supponor Italia SRL, Supponor España SL
Unified Patent Court decision.
AIM Sport Vision AG v.Supponor Oy, Supponor Limited, Supponor SASU, Supponor Italia SRL, Supponor España SL
Unified Patent Court decision.
Dhanvantari Nano Ayushadi Private Limited v.The Registrar of Trade Marks
Dhanvantari Nano Ayushadi Private Limited filed a Civil Miscellaneous Appeal seeking to set aside an order passed by the Registrar of Trade Marks concerning the registration of the mark “NANO CUR”. The appeal was dismissed for non-prosecution because the appellant could not be served notice due to having vacated the specified office address.
Transformative Learning Solutions Pvt. Ltd. v.Pawajot Kaur Baweja & Ors.
The plaintiffs, who sell Ayurveda products, sued former employees (Defendants 1 and 2) for using confidential data, customer databases, marketing material, and copyrighted content to run a competing business under the brand 'Adya Ayurveda'. The core legal issue was whether the suit was maintainable given previous judicial precedents. The Court found that the plaint disclosed sufficient cause of action and ruled in favor of the plaintiffs.
Triology Solutions Private Limited v.Flipkart Internet Private L Imited & Ors.
The Delhi High Court granted an interim injunction in favor of Triology Solutions Private Limited against various online sellers (Defendants 12-23) for trademark infringement and passing off. The court recognized the distinctiveness of the 'Muuchstac' brand, which is used for cosmetic products, and restrained the defendants from using its registered device mark and trade dress/packaging. Furthermore, the court directed the major e-commerce platforms (Defendants 1-11) to ensure takedown actions are taken against counterfeit listings and mandated disclosure of sales revenue by the infringing sellers.
British Engines (UK) Limited v.The Assistant Registrar of Trade Marks
The Madras High Court allowed British Engines (UK) Limited's appeal against the Trade Marks Registry's refusal of its mark. The court found that the Registrar's decision was unsustainable because it failed to adequately address the appellant's arguments regarding the device nature and international use of the mark. Consequently, the application was permitted to proceed to advertisement, though with a crucial caveat: the appellant cannot claim exclusive rights over the individual words 'British' or 'Engines'.
Tesla Manufacturing Brandenburg SE, Tesla Germany u.a. v.Avago Technologies International Sales Pte. Limited
Unified Patent Court decision.
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