IP Cases — 2023
1,199 decisions across all jurisdictions
Page 23 of 40 · 1,199 total
Nippon Steel Corporation v.The Assistant Controller of Patents and Designs
Nippon Steel Corporation appealed the Assistant Controller's refusal of its patent application for 'Non-Oriented Electrical Steel Excellent in Magnetic Properties'. The Appellant argued that the rejection order failed to provide a proper hearing and did not adequately discuss the novelty and inventive step objections. The Delhi High Court found that the impugned order summarily rejected the application without due consideration of prior art, leading to its remand.
ITC Limited v.VST Industries Limited
The Madras High Court allowed ITC Limited's petition seeking rectification of a trademark registration. The court directed the removal of Trademark No. 509304 from Class 34 on the Register of Trademarks. This decision was made after VST Industries Limited filed a memo indicating no objection to the petitioner's request, effectively clearing the path for the cancellation.
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.
Tata Sky Limited (later Tata Play Limited) v.Linkedin Corporation And Ors.
The Delhi High Court addressed an ongoing trademark infringement suit filed by Tata Sky against LinkedIn concerning unauthorized use of the 'TATA SKY' brand on user profiles. Recognizing the recurring nature of fake and infringing profiles, the court issued specific directions to LinkedIn. These directions mandate that LinkedIn publicly disclose its Grievance Officer details, relevant policies, and Standard Operating Procedures (SOPs) related to handling such grievances under the IT Rules, aiming to establish an effective framework for redressal without requiring constant litigation.
10x Genomics, Inc. v.NanoString Technologies Inc.
In this legal proceeding before Munich (DE) Local Division (decision issued on 2023-07-06) under reference UPC-001735, 10x Genomics, Inc. appeared in dispute with NanoString Technologies Inc. concerning patent rights and legal remedies.
Pradeep Stainless Indian Pvt. Ltd. v.M/S.Jb Enterprises
Pradeep Stainless Indian Pvt. Ltd. filed a civil suit against M/S.Jb Enterprises alleging infringement of its registered trade mark 'PRADEEP' and copyright violation concerning its packaging logo. The plaintiff sought perpetual injunctions, damages, and mandatory disclosure. However, the court noted that both parties had submitted a Deed of Settlement dated 31.01.2023, under which the suit was withdrawn. Consequently, the High Court dismissed the case.
Koninklijke Philips N.V. v.S.G.E.
In this legal proceeding before Munich (DE) Local Division (decision issued on 2023-07-05) under reference UPC-001738, Koninklijke Philips N.V. appeared in dispute with S.G.E. concerning patent rights and legal remedies.
Honda Motor Co., Ltd. v.Assistant Controller of Patents and Designs, Government of India
Honda Motor Co., Ltd. filed a Transfer Civil Miscellaneous Appeal (Patent) challenging an order issued by the Assistant Controller of Patents and Designs concerning its patent application No. 3330/CHE/2011. The appellant subsequently informed the court that it intended to withdraw the appeal.
Communication Components Antena Inc. v.Rosenberger Hochfrequenztechnik Gmbh & Co. Kg & Ors.
The plaintiff filed a patent infringement action against the defendants regarding patent IN240893, which relates to asymmetrical beams for spectrum efficiency. The defendants counter-claimed seeking revocation of the patent under Section 104 of the Patents Act, 1970. Given that the remaining term of the patent was less than five years, the court directed summary adjudication.
Bayer Healthcare Llc v.Natco Pharma Limited
Bayer Healthcare LLC sought an interim injunction against Natco Pharma Limited regarding the patented anti-cancer drug, REGORAFENIB. The Delhi High Court examined the plaintiff's claim, noting that while the patent was validly granted, the plaintiff failed to establish a prima facie case for injunction. Crucially, the court considered the public interest, highlighting the significant price disparity between Bayer's imported product and Natco's domestically manufactured, affordable version.
Pepsico India Holdings Pvt. Ld. v.Kavitha Kuruganti
Pepsico India Holdings Pvt. Ld. appealed a decision by the Protection of Plant Varieties and Farmers Rights Authority (Authority) that revoked its registration for the potato variety FL 2027. The appellant challenged the revocation order, arguing it was based on incorrect information regarding the variety's category and assignment chain, and that the Authority exceeded its jurisdiction. However, the Delhi High Court dismissed the appeal, finding no merit in the challenge to the respondent's locus standi or the Authority's decision.
Tyron International Limited v.Assistant Controller of Patents and Designs, Government of India
Tyron International Limited appealed an order issued by the Assistant Controller of Patents and Designs. However, the appellant later submitted a memo stating its intention to withdraw the appeal. The High Court subsequently dismissed the case as withdrawn.
Essar Water Proofing Chemicals Pvt. Ltd. v.R.Neelakanteswara Rao
The Madras High Court dismissed the Original Petition (Trademarks) filed by Essar Water Proofing Chemicals Pvt. Ltd. The petition sought the rectification of registered trademark No. 943699 in Class 1. However, the petitioner subsequently withdrew the case on instructions from their counsel, leading to the dismissal of the petition without any order as to costs.
Merck KGa-A v.Tablets (India) Limited
Merck KGa-A filed a Civil Miscellaneous Appeal challenging the registration of a trademark application by Tablets (India) Limited. The appeal sought to set aside an earlier order and prevent the issuance of a Registration Certificate for Application No.887909 in Class 5. However, before any substantive arguments were heard, Merck KGa-A chose to withdraw its appeal. Consequently, the Madras High Court dismissed the case as withdrawn.
Jindal Industries Pvt Ltd v.Prawesh Agencies Through Its Partners Vikash Singh Ravindra Kumar Singh
The Delhi High Court addressed a trademark infringement suit where the defendant claimed a co-branding arrangement with an affiliate of the plaintiff's group. The court found that the plaintiff failed to disclose this vital co-branding agreement in their plaint, despite being required to attest to full disclosure under the Commercial Courts Act. Consequently, the court noted the breach of procedural rules and directed the plaintiff to place the relevant agreement on record before further proceedings.
Trademark Address v.The Registrar of Trademarks
The Madras High Court addressed writ petitions challenging procedural delays in a trademark opposition case. While the petitioner initially sought to overturn an order rejecting an extension for evidence, the court noted that subsequent events had rendered the original petitions infructuous. Since the petitioner subsequently filed a rectification petition against the registered mark, the court disposed of the initial writs but directed the Registrar of Trademarks to expeditiously consider and decide the pending rectification application.
Pfizer Health AB v.The Assistant Controller of Patents
Pfizer Health AB filed a Transfer Civil Miscellaneous Appeal against an order passed by The Assistant Controller of Patents. The appellant argued that the relevant Patent No. 229260 had expired in November 2019, rendering the matter infructuous.
Bayer Schering Pharma AG v.M/s.Cipla Ltd.
Bayer Schering Pharma AG filed a Transfer Civil Miscellaneous Appeal seeking to set aside an earlier patent office order. The appellant argued that the relevant patent term had expired in August 2020, rendering the matter infructuous.
Tv 18 Broadcast Limited v.Bennett, Coleman And Company Limited
The Delhi High Court dismissed the plaintiff's application for an interim injunction concerning trademark infringement. The dispute centered on the similarity between the marks "Bhaiyaji Kahin" and "Bhaiya Ji Superhit," used by two major media houses. The court found that, prima facie, there was no likelihood of confusion due to differences in show format (news debate vs. scripted infotainment) and the distinct channels on which they aired. Furthermore, the court held that the acquired distinctiveness of the plaintiff's mark could not be determined at this interlocutory stage.
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.
Centaurus Pharma Pvt. Ltd v.Symed Labs Limited
Centaurus Pharma Pvt. Ltd filed an Original Petition seeking the revocation of Patent No. IN213062 held by Symed Labs Limited before the Madras High Court. However, the petitioner subsequently moved a memo to withdraw the petition.
myStromer AG v.Revolt Zycling AG
In this legal proceeding before Düsseldorf (DE) Local Division (decision issued on 2023-07-03) under reference UPC-001739, myStromer AG appeared in dispute with Revolt Zycling AG concerning patent rights and legal remedies.
Nokia Technologies Oy v.Guangdong Oppo Mobile Telecommunications Corp Ltd & Ors.
Nokia appealed a single judge's order that dismissed its application for a pro-tem security deposit. Nokia claimed infringement based on its extensive portfolio of Standard Essential Patents (SEPs) used by Oppo in smartphones. The Delhi High Court allowed the appeal, finding that a prima facie case of infringement was made out and directing Oppo to deposit the last paid amount attributable to India.
Centaurus Pharma Pvt. Ltd v.Symed Labs Limited
Centaurus Pharma Pvt. Ltd filed an Original Petition seeking the records and proceedings related to Patent No. IN213063 held by Symed Labs Limited, with the intent to revoke and set aside the patent. However, the petitioner subsequently filed a memo requesting permission to withdraw the petition.
M/S Crest Educations (P) Ltd v.M/S Career Launcher (I) Ltd
This case involves a dispute arising from a licensing contract between M/S Crest Educations (P) Ltd and M/S Career Launcher (I) Ltd. The respondent alleged that the petitioner violated the non-compete clause by operating a competing business under the brand name 'Team Satyam' at the licensed premises. The matter was adjudicated through arbitration, leading to an award of damages in favor of the respondent. The Delhi High Court upheld this arbitral award, finding no ground to interfere with the arbitrator's findings regarding the breach and the calculation of loss.
Jayson Industries And Anr. v.Crown Craft (India) Pvt. Ltd.
Jayson Industries filed a suit alleging that Crown Craft was pirating their registered designs for household items like buckets, mugs, and tubs. The core dispute revolved around whether the defendant's products were fraudulent imitations of the plaintiffs' unique shapes and surface patterns. However, the court found credible prior art, including various published designs from 2019, which challenged the novelty and originality of the suit designs. Consequently, the court dismissed the plaintiffs' application for an interlocutory injunction, vacating the earlier restraining order.
Microsoft Corporation v.Zoai Founder
Microsoft Corporation challenged an arbitral award rendered under the INDRP concerning the domain name zoai.in, which had denied Microsoft's claim for transfer. The petitioner argued that the arbitrator was biased and that the decision was vitiated by procedural unfairness due to independent research conducted without providing materials to Microsoft. The Delhi High Court agreed with the petitioner on both grounds of bias and natural justice violation.
Resintech Inc v.The Senior Examiner of Trade Marks
The Bombay High Court intervened in a trademark application dispute, setting aside the Senior Examiner's refusal based on the mark being descriptive. The Petitioner argued that the Examiner failed to consider prior submissions regarding the distinctiveness of 'RESINTECH,' including its use by the applicant globally and its combination nature. Consequently, the court remanded the matter back for fresh consideration, ensuring all petitioner arguments are reviewed before a final decision is made.
Sachin Gupta Trading As Gcmc Masala Co. v.Kbm Foods Pvt. Ltd.
The Delhi High Court dismissed the appeal filed by Sachin Gupta Trading As Gcmc Masala Co. against an interim injunction granted to Kbm Foods Pvt. Ltd. The court found that there was a high likelihood of confusion between the two parties' spice labels, particularly due to the use of similar marks and 'COW' devices. Despite the appellant's claims regarding prior use and copyright protection for their artwork, the court upheld the original order, finding that Kbm Foods had established a strong prima facie case for passing off.
Pernod Ricard India Pvt. Ltd. v.United Spirits Limited; The Registrar of Trademarks
The Madras High Court dismissed the Original Petition filed by Pernod Ricard India Pvt. Ltd. seeking the removal of the trademark 'Royal Challenge American Pride.' The petition, which sought rectification of Trademark Registration No. 4300764 in classes 32 and 33, was rendered infructuous because the registration had already been suspended prior to the court's decision.
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