IP Cases — 2023
1,199 decisions across all jurisdictions
Page 20 of 40 · 1,199 total
Suresh Steel Tubes Pvt Ltd. v.The Registrar of Trademarks
Suresh Steel Tubes Pvt Ltd. filed a petition seeking the removal of Trademark Registration No. 1973721, arguing that its validity had lapsed. The Madras High Court reviewed the status provided by the Trademarks Registry and found that the long stop date for renewal and restoration had expired. Consequently, the court dismissed the petition as infructuous, effectively upholding the existing registration.
Wynk Limited v.Ec Media (International) Pvt. Ltd.
In a significant ruling, the Madras High Court disposed of a petition filed by Wynk Limited seeking the cancellation of an infringing mark registered under No.2020253. The court noted that the registration had lapsed and was not renewed after September 8, 2020. Consequently, the court directed the Registrar of Trademarks to remove the defunct trademark from the register within two weeks, effectively resolving the dispute in favor of Wynk Limited.
Kishorkumar Gokaldas v.The Registrar of Trademarks
The Madras High Court dismissed three Transfer Original Petitions filed by Kishorkumar Gokaldas against the Registrar of Trademarks. The petitions sought to remove or rectify specific trademark registrations (Nos. 2224503, 2224504, and 2224505). However, both parties agreed that these trademarks had not been renewed and were therefore no longer in force, rendering the legal challenges moot and infructuous.
Acko Technology And Services Pvt Ltd v.Bal Kishan & Anr.
The Delhi High Court granted relief to Acko Technology And Services Pvt Ltd, directing the cancellation of a conflicting trademark (No. 5320418) registered by Bal Kishan. The petitioner argued that its established mark 'ACKO' for insurance services was being infringed upon by the respondent's mark 'ACKOLITE' in Class 11 (household appliances). Given the likelihood of confusion and Acko's strong prior rights, the Court cancelled the impugned registration, reinforcing the principle against conflicting marks.
Ceat Limited v.Amjad Khan Trading As Bharat Traders
In a matter concerning the cancellation of the trademark 'CEART', the Madras High Court disposed of the petition based on a settlement reached in a connected civil suit. The court noted that the first respondent had agreed to take steps for the mark's removal. Consequently, the Deputy Registrar of Trade Marks was directed to expunge Trademark No. 3871567 from the register within four weeks.
Mankind Pharma Limited v.Neospark Drugs And Chemicals Private Limited; The Registrar of Trade Marks
The Madras High Court ruled in favor of Mankind Pharma Limited, directing the removal of the trademark MAXCAL GEL (No. 2102511) from the Trade Marks Register. The court found that the registration had lapsed and was not renewed within the statutory time limits. This decision underscores the strict adherence required to maintain trademark rights through timely renewal procedures.
Sun Pharma Laboratories Ltd v.B.B. Mohan Kumar Trading As East West Pharma & The Registrar of Trademarks
The Madras High Court dismissed the rectification petition filed by Sun Pharma Laboratories Ltd against Trademark No. 1764708. The court noted that the trademark in question had expired on December 17, 2018, and was not subsequently renewed. Consequently, the petitioner's request to remove the entry from the register became infructuous.
M/s.Kaleesuwari Refinery Pvt. Ltd. v.M/s.Ennar Enterprises
M/s.Kaleesuwari Refinery Pvt. Ltd filed a suit against M/s.Ennar Enterprises alleging multiple infringements, including the unauthorized use of a deceptively similar trademark ('GOLD PRIME') and passing off their edible oil product. The plaintiff sought permanent injunctions protecting their registered trade mark 'Gold Winner' and associated copyright in packaging design. Ultimately, both parties reached an amicable resolution and settled the dispute.
Asian Paints Ltd. v.M. Senthilkumar
The applicant/plaintiff sought continuation of previously granted exparte ad-interim orders related to a passing off claim. Despite serving notice, the defendants remained absent. The court decided to continue the existing interim orders until further orders.
Oyster Point Pharma Inc. v.The Controller Of Patents And Designs Anr.
Oyster Point Pharma Inc. appealed the rejection of its patent application by the Assistant Controller, which cited prior art under Sections 2(1)(ja) and 3(d) of the Patents Act, 1970. The appellant argued that the mono-citrate salt demonstrated enhanced efficacy and stability, supported by experimental data filed during prosecution. The High Court found that the Controller failed to consider this crucial evidence regarding efficacy and stability.
Syngenta Limited v.Controller Of Patents And Designs
Syngenta Limited appealed an order rejecting its divisional patent application (No. 7059/DELNP/2011). The dispute centered on whether the parent application (No. 6114/DELNP/2005) truly disclosed multiple inventive concepts, which is a prerequisite for filing a valid divisional application under Section 16 of the Patents Act, 1970.
Hindustan Unilever Limited v.Sushil Prajapati
Hindustan Unilever Limited filed a Commercial IP Suit against Sushil Prajapati regarding the use of impugned marks SUPER SURF and Splat device. The parties subsequently settled their disputes, leading to the court decreeing the suit in favour of the Plaintiff.
Merck Sharp And Dohme Corp v.Neptune Life Sciences Pvt. Ltd.
The plaintiff alleged that the defendants were manufacturing and distributing generic versions of Sitagliptin under the trade name 'HAPPY JAAN M', infringing Indian Patent No. 209816. Although the suit patent had expired, the court decreed the suit against Defendant 2 based on its failure to file a response, directing it to pay damages.
Unilever Global Ip Limited v.Vikas Cosmetics
The parties to the Commercial IPR Suit arrived at a settlement on July 24, 2023. The suit was subsequently disposed of and decreed in favor of the Plaintiff based on the terms of the Consent Minutes of Order.
Unilever Global Ip Limited v.Vikas Cosmetics
The parties in the Commercial IPR Suit arrived at a settlement. The suit was subsequently disposed of and decreed in favor of the Plaintiff, Unilever Global Ip Limited, based on the terms agreed upon in the Consent Minutes of Order.
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.
Qualcomm Incorporated v.Controller Of Patents And Others
Qualcomm appealed a decision by the Deputy Controller of Patents which rejected their patent application (No. 5159/DELNP/2007) primarily citing Section 3(k) and lack of definitiveness. The High Court found that the rejection order suffered from manifest non-application of mind as it failed to address the appellant's submissions, leading to the setting aside of the impugned order.
Bharatiya Janata Party Kisan Morcha, Andhra Pradesh Unit v.Monsanto Technology, LLC
The petitioner filed a Transfer Original Petition seeking the revocation of Indian Patent No. 232681 held by Monsanto Technology. The first respondent submitted that the term of this patent had already expired on June 5, 2022.
Unilever Global Ip Limited v.Vikas Cosmetics
The parties to the Commercial IPR Suit arrived at a settlement on July 24, 2023. The suit was subsequently disposed of and decreed in favor of the Plaintiff based on the terms agreed upon in the Consent Minutes of Order.
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.
Unilever Global Ip Limited v.Vikas Cosmetics
The parties to the Commercial IPR Suit arrived at a settlement on July 24, 2023. The Defendant agreed to pay Rs. 75,000/- towards costs and full and final settlement, leading to the suit being disposed of and decreed in favor of the Plaintiff.
Sml Limited v.Mohan & Company & Another
Sml Limited filed a suit alleging that defendants are manufacturing and selling a fertilizer composition named 'Aladdin' which infringes upon its granted Indian Patent No. IN 282092. Chemical analysis confirmed the defendant's product contained sulphur (67.8%) and zinc oxide (22.7%), falling within the patented range. The court found a prima facie case of infringement.
Vifor International Ltd & Anr. v.Dr Reddys Laboratories Limited
Vifor International Ltd., a patentee, filed suit against Dr. Reddy's Laboratories Limited regarding the alleged infringement of its patent (IN'536) covering the manufacturing process of Ferric Carboxylmaltose (FCM). The court examined whether the defendants' processes infringed upon Vifor's patented method for producing this intravenous iron complex. The judgment ultimately found that the impugned processes used by the defendants were non-infringing, allowing them to proceed with launching their product.
Bluechip Amusements (India) Pvt. Ltd. v.Crazy Concepts And Mazes Pvt.Ltd.
The Madras High Court dismissed the Original Petitions filed by Bluechip Amusements against Crazy Concepts and Mazes. The dismissal was due to non-prosecution, as the petitioner informed the court that they no longer operated their outlet under the name 'HORROR HOUSE.' This outcome highlights the importance of active litigation management in trademark disputes.
M.Sarojini v.M/s. Ce Biotech (P) Limited
The Madras High Court dismissed a petition filed by M.Sarojini seeking the expungement of the trademark ZIPROVIT (No. 1631278) from the register, which was held in the name of M/s. CE Biotech (P) Limited. The petitioner subsequently informed the court that they were withdrawing the petition due to the non-renewal of the relevant trademark registration. This outcome highlights the procedural necessity of maintaining active IP rights.
M/S.Verizon Trademarks Services Llc v.M/s. Verinon Technology Solutions Private Limited; The Registrar of Trade marks
The Madras High Court dismissed a petition seeking rectification and cancellation of Trademark No. 2110042 due to non-renewal. The court noted that since the trademark registration had lapsed (last renewed up to March 4, 2021), no further adjudication was required on the merits of the dispute. Consequently, the Registrar of Trade Marks was directed to take necessary steps within four weeks to rectify the register and cancel the mark.
Ramesh Gupta And Rajan Gupta Partners Of M/s Ganga Containers v.M.A.Hameed Proprietor, AH Food products
The Madras High Court dismissed a trademark petition filed by Ramesh Gupta and Rajan Gupta Partners against M.A. Hameed Proprietor. The court noted that the core subject matter, Trademark Registration No. 1879905, had been cancelled. Since the underlying right was no longer valid, the entire petition became infructuous, leading to its dismissal without any order regarding costs.
Himson Engineering Private Limited v.Respondent
1 Milan - Local Division UPC_CFI_240/2023 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 27/11/2024 Order no. ORD_63173/2024 APPLICANT (defendant in the main proceeding) Himson Engineering Private Limited Represented by Fabrizio Jacobacci
Oerlikon Textile GmbH & CO KG v.Bhagat Group
In this legal proceeding before Milan (IT) Local Division (decision issued on 2023-07-21) under reference UPC-001730, Oerlikon Textile GmbH & CO KG appeared in dispute with Bhagat Group concerning patent rights and legal remedies.
M/s. Adwaith Lakshmi Industries Limited v.Mylsamy Ranga Ramanujam
M/s. Adwaith Lakshmi Industries Limited filed an Original Petition seeking the rectification or revocation of Patent No. 262529, alleging it was invalid and obtained by misrepresentation. The petitioner subsequently withdrew the petition.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.