IP Cases — 2023
1,151 decisions across all jurisdictions
Page 18 of 39 · 1,151 total
Mitsu Chem Plast Limited v.Abs Mediequip And Anr.
The Bombay High Court granted ad-interim relief in a suit concerning the infringement of design rights and passing off related to hospital beds. Despite previous undertakings by the defendant acknowledging Mitsu Chem Plast Limited's rights and promising cessation of use, the plaintiff alleged continued infringement. The court found sufficient grounds to issue an injunction restraining the defendants from adopting or using designs identical or deceptively similar to the registered design and trade dress pending the final disposal of the suit.
Cashgrail Private Limited v.Blue Horizone Infotech Llp
The Delhi High Court has formally registered the suit filed by Cashgrail Private Limited against Blue Horizone Infotech LLP concerning alleged infringement of online games and trademarks. Cashgrail claims that the defendant's 'LUDO TOURNAMENT' replicates essential features of its proprietary skill-based games, such as 'Ludo Supreme League.' The court allowed the suit to proceed while ensuring the defendant receives an opportunity to respond before any interim orders are passed.
Mitsubishi Chemical Corporation v.Assistant Controller of Patents and Designs, Government of India
Mitsubishi Chemical Corporation filed a Transfer Civil Miscellaneous Appeal (patents) challenging an earlier order from the Assistant Controller of Patents and Designs. The appellant subsequently instructed their counsel to withdraw the appeal.
M/S Baid Rotomoulders Pvt Ltd. v.M/S S M Industries
The Rajasthan High Court dismissed an appeal filed by M/S Baid Rotomoulders Pvt Ltd against a prior order that denied a temporary injunction. The plaintiff sought to stop the defendant from using the trade name 'POLYGON', claiming it infringed upon their registered trademark 'POLYCON'. However, the court found no prima facie case for infringement or passing off, noting that the plaintiff failed to provide sufficient evidence regarding market goodwill or proof of prior use. Consequently, the appeal was dismissed, though the court clarified this ruling does not prejudice the final trial on merits.
Kalsi Metal Works Pvt. Ltd. v.Registrar Of Trademarks & Anr.
The Delhi High Court addressed several interlocutory applications while continuing the main appeal challenging a trademark registration. The court condoned the appellant's delay in re-filing the appeal and allowed an application for exemption from producing certified copies of documents. Crucially, the court issued notice to the Respondent No. 2 regarding the challenge to their 'KALSI' mark registration, which was previously granted by the Registrar.
Telefonaktiebolaget Lm Ericsson (Pub) v.Intex Technologies (India) Limited
This Delhi High Court judgment addressed a complex dispute involving Standard Essential Patents (SEPs) between Ericsson and Intex. The court examined whether the patents were essential, if Intex was infringing them, and if Intex had acted as an unwilling licensee despite Ericsson's FRAND commitments. Ultimately, the court found that the patents were prima facie valid and infringed, compelling Intex to pay the full royalty amount.
Nokia Technologies Oy v.Guangdong Oppo Mobile Telecommunications Corp Ltd
Nokia appealed a single judge's order that dismissed its application for a pro-tem security deposit related to Nokia's Standard Essential Patents (SEPs). Nokia argued that infringement was prima facie established, and the balance of convenience favored granting interim relief. The Delhi High Court allowed the appeal, setting aside the impugned order.
M/S Prakash Industries Ltd. v.The Registrar Of Trade Mark & Ors.
The Delhi High Court addressed a contempt case involving M/S Prakash Industries Ltd. against the Registrar of Trade Marks concerning two specific trademark registrations. The court noted that one mark (No. 1800087) had been removed by the registry, while another (No. 1800086) was stated to have been abandoned. The court granted time for the respondents to file their replies and rejoinders, setting a future date for consideration.
V.K.R.Venkatesan v.V. Mahendran
This case involved a dispute over trademark and copyright infringement concerning 'VKR SIVAJI BRAND' used on rice products. The plaintiff filed a suit seeking permanent injunctions against the defendant for using deceptively similar marks and artistic works. However, despite multiple opportunities and court directions to file necessary affidavits and proceed with evidence, the plaintiff repeatedly failed to comply with the case management schedule. Consequently, the High Court dismissed the suit for default.
Janssen Schiences Ireland Uc v.Controller Of Patents
Janssen Schiences Ireland Uc appealed the refusal of a patent application for 'Prevention of HIV- Infection with TMC278' by the Deputy Controller of Patents. The appeal challenged the grounds of lack of inventive step and non-patentability due to mere admixture. However, the appellant subsequently decided to withdraw the present appeal.
Sml Limited v.Mohan & Company & Another
Sml Limited filed a suit alleging that defendants are manufacturing and selling a fertilizer product named Zeeka Sulf, which infringes upon its Indian Patent No. IN 282092. The plaintiff provided chemical analysis reports and expert opinions confirming that the composition of Zeeka Sulf falls within the scope of the patented claims.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei Technologies appealed the rejection of its PCT National Phase patent application (No. 201947029757) by the Controller of Patents. The appellant argued that the objections raised in the Second Examination Report were effectively addressed through amendments, and the rejection was based on procedural grounds rather than merits. The High Court set aside the impugned order and remanded the matter for reconsideration.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei appealed the Controller of Patents' order rejecting its PCT National Phase application (No. 201947028978). The rejection was based on various objections, including lack of novelty and clarity in claims. The High Court found that the rejection was not dealt with on merits and set aside the impugned order, remanding the matter for reconsideration.
M/S Natures Magic World v.The Registrar Of Trademarks & Anr
M/S Natures Magic World filed a writ petition seeking the Trademark Registry's direction to formally record an Assignment Deed dated February 17, 2016. The petitioner sought to establish ownership of the mark 'COLORESSENCE' (TM No. 1541613) following its assignment from M/s Nature Essence Pvt. Ltd. Despite the existence of the valid assignment deed, the recordal had not been given effect due to administrative confusion stemming from a subsequent name change of the original owner. The Court directed further hearings to resolve these procedural issues and ensure the assignment is duly recorded.
M/s Martindal Research Laboratories v.M/s Shalina Laboratories Pvt Ltd
The Rajasthan High Court addressed a civil appeal concerning a trademark infringement dispute between Martindal Research Laboratories and Shalina Laboratories. The appellant sought to overturn an order that denied temporary injunction, citing lack of evidence regarding prior use of their mark 'VITAPLEX'. Recognizing the long pendency of the original suit (since 2008), the Court disposed of the appeal without interfering with the lower court's finding on interim relief. Instead, it directed the trial court to expedite the final decision on the merits of the case within a strict timeframe.
Paymate (India) Private Limited v.Paymate Pty Limited; The Deputy Registrar of Trade Marks, The Trade Marks Registry, Chennai
In a significant ruling, the Madras High Court disposed of an Original Petition filed by Paymate (India) Private Limited seeking to strike off a specific trademark registration. The court found that Trademark No. 1960699 was no longer in force because its last renewal date had expired on May 5, 2020, and the long stop period for restoration had passed. Consequently, the Court directed the Deputy Registrar of Trade Marks to cancel the certificate and remove the entry from the Register.
Gautam Lal Tak v.The Registrar Of Trade Marks
Gautam Lal Tak filed a writ petition against The Registrar of Trade Marks, seeking expediting of his long-pending trademark registration for 'MAHALAXMI BRAND' in Class 29. After seven years of delay, the Rajasthan High Court disposed of the petition by issuing a directive to the Respondent. The court mandated that the Registrar must decide the pending application within six months from receiving the certified copy of the order.
Enconcore N.V. v.Anjani Technoplast Ltd. & Anr.
The Plaintiff, Enconcore N.V., a Belgium-based company, filed a suit seeking permanent injunction against the Defendants for infringing its patented technology related to folded honeycomb sandwich panels (Therm-Hex technology). The court held an interim hearing, modifying existing injunctions and imposing conditions on the defendants regarding sales reporting and security deposit.
Boehringer Ingelheim Pharma Gmbh And Co. Kg & Anr. v.Alkem Laboratories Ltd & Anr., Vee Excel Drugs and Pharmaceuticals Private Ltd. & Ors., Micro Labs Limited, Natco Pharma Limited & Anr., Mankind Pharma Limited
This judgment addresses multiple suits filed by Boehringer Ingelheim Pharma against various Indian pharmaceutical companies seeking permanent injunctions for infringing Patent No. IN 243301, which covers Linagliptin compounds. The Delhi High Court found that the plaintiffs failed to establish a prima facie case for granting interim relief. Furthermore, the court expressed concern regarding the patent's vulnerability due to prior claiming and alleged attempts at 'evergreening.' Consequently, all applications for injunction were dismissed, allowing defendants to continue manufacturing and selling products containing Linagliptin.
Major League Baseball Properties Inv. v.Registrar Of Trade Marks, Trade Marks Registry, Delhi
Major League Baseball Properties Inc. appealed the Registrar's decision that their opposition against the 'BLUE-JAY' trademark application was abandoned due to procedural delays in filing evidence. While the initial rejection was based purely on technical grounds, the Delhi High Court allowed MLBP to pursue its substantive claims. The court disposed of the appeal but permitted MLBP to file a cancellation petition, ensuring the merits of their opposition would be considered.
Cadbury India Limited v.Gomathi Suresh
The Madras High Court dismissed a petition filed by Cadbury India Limited seeking to expunge Trademark No. 1050347 from the register. The court noted that the primary respondent, Gomathi Suresh, submitted that the trademark in question had already expired on October 8, 2021. Consequently, since the mark was no longer active, the petition became infructuous and was dismissed without further adjudication.
Titan Company Ltd. v.Titan Plast Pvt. Ltd.
The Madras High Court dismissed an appeal filed by Titan Company Ltd. against Titan Plast Pvt. Ltd. The court noted that the trade mark in question, No. 925369 (Class 20), had not been renewed since May 17, 2010. Since the long stop date for renewal had expired, the appeal was deemed infructuous and dismissed without further order.
Haryana Pesticides Manufactures' Association v.Nippon Soda Co. Ltd
The petitioner filed an Original Petition seeking the revocation/cancellation of Indian Patent No. 268448 related to a method of producing granular agrochemical composition. However, the petitioner subsequently informed the court that they intended to withdraw the petition without prejudice to their rights.
Charanjiv Kumar Taneja Trading As Chirag Enterprises v.The Registrar Of Trade Marks
The Delhi High Court dismissed a writ petition filed by Charanjiv Kumar Taneja Trading As Chirag Enterprises, which sought to restore a lapsed trademark registration. The petitioner had failed to renew their 'TIGER' mark after 2006 and only attempted renewal in 2022, sixteen years later. The court held that the petitioner could not take advantage of such undue delay, especially since the RTI response confirmed an O3 notice was generated in 2006 but remained untraceable.
Communication Components Antena Inc v.Rosenberger Hochfrequenztechnik Gmbh
The case involves a patent infringement action where the Plaintiff is enforcing rights in Indian patent no. IN240893 titled 'Asymmetrical Beams for Spectrum Efficiency'. The patent relates to a method and apparatus for increasing subscriber capacity and enhancing base station performance.
Rishabh Jain v.The Registrar Of Trade Marks
The Delhi High Court addressed the petition filed by Rishabh Jain against The Registrar of Trade Marks. Despite multiple notices and previous hearings, key procedural steps remained incomplete, notably the service report and the required affidavit from the Respondent regarding notice of opposition. Consequently, the court directed the petitioner's counsel to inform the opponent of the orders and scheduled the matter for July 5, 2022, pending the filing of the necessary affidavit.
Fitflop Limited v.Urban Shore Wholesale India Private Limited
The Delhi High Court issued interim directions in a trademark infringement suit filed by Fitflop Limited against Urban Shore Wholesale India Private Limited. While directing the Defendant to immediately cease all use of the 'FITFLOP' mark, the court allowed the continued existence of current stock. A Local Commissioner was appointed to inspect and segregate the existing inventory at the Goa warehouse to determine which products are genuine and which may be unauthorized, paving the way for future valuation and dispute resolution.
J. B. Chemicals And Pharmaceuticals Ltd v.Mahendra Singh And Anr
The Delhi High Court granted an interim injunction in favor of J. B. Chemicals And Pharmaceuticals Ltd against Mahendra Singh and Anr regarding trademark infringement. The Plaintiff, owner of the 'BIZFER' marks for pharmaceutical products, successfully argued that the Defendants' use of the similar mark 'VIZFER' constituted deceptive similarity. Given the potential negative ramifications for public health and safety due to the alleged unauthorized use in the pharma sector, the court restrained the Defendants from manufacturing or marketing the impugned mark until further hearing.
M/S.Rspl Health Private Limited v.Reckitt And Colman (Overseas) Hygiene Home Limited & Anr.
The Delhi High Court dismissed the petitions filed by M/S.Rspl Health Private Limited, which sought to have the trademark 'HARPIC DRAINXPERT' removed from the register. The court found that despite the petitioner's earlier marks, there was no likelihood of confusion among the average consumer when comparing 'XPERT' and 'HARPIC DRAINXPERT'. Furthermore, the court rejected the petitioner's plea regarding bad faith under Section 11(10)(ii), stating that such a claim requires cogent evidence beyond mere similarity.
Google Llc v.Assistant Controller Of Patents And Designs
Google LLC appealed the rejection of its patent application concerning a method and system for capturing panoramic images. The core contention was that the Patent Office failed to examine the amended claims under Section 13(3) of the Patents Act, 1970, leading to an unsustainable rejection order.
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