IP Cases — 2023
1,151 decisions across all jurisdictions
Page 25 of 39 · 1,151 total
Tvs Electronics Limited v.Jitender Kumar
The Madras High Court dismissed the appeals filed by Tvs Electronics Limited against a lower court's refusal to grant an interim injunction. The plaintiff, owner of the 'TVS Electronics' mark, sought restraint against the defendant for alleged trademark infringement and passing off related to CCTV cameras. However, the court upheld the trial judge's decision, finding no grounds to interfere with the discretion exercised regarding the balance of convenience, allowing the defendant to continue using the mark subject to maintaining accounts.
Fybros Electric Pvt Ltd v.Mukesh Singh & Anr.
The Delhi High Court allowed Fybros Electric Pvt Ltd's petition seeking rectification of the trademark register. The court found that the respondent's registered mark was deceptively and phonetically similar to the petitioner's earlier mark, despite both being registered for identical goods in Class 11. Crucially, the judgment established that a challenge under Section 57 does not require the petitioner to prove actual damage, only that the mark is improperly maintained on the register.
Gpl Exports Limited & Golden Peakock Overseas Limited v.Global Lighting Source Private Limited & Others
The Delhi High Court formally recorded a comprehensive settlement reached between GPL Exports Limited and Global Lighting Source Private Limited. The original suit involved claims related to intellectual property rights, including copyrights, patents, designs, and confidential information concerning the lighting industry. By entering into a mediated agreement, both parties resolved their disputes, with the court decreeing the suit based on the terms of the settlement.
Sankalp Rehabilitation Trust v.M/s.Merck Sharpe & Dohme Corp.
Sankalp Rehabilitation Trust filed two Original Petitions seeking the revocation and removal of Patents No. 207233 and 234103, both held by M/s. Merck Sharpe & Dohme Corp., in the Madras High Court. The petitioner sought to transfer these matters for adjudication regarding patent invalidity. However, the court noted that both patents had already expired on March 24, 2019. Consequently, the petitions were dismissed as infructuous.
Gsp Crop Science Pvt Ltd v.Synergy Insecticides Pvt Ltd
The dispute between Gsp Crop Science Pvt Ltd and Synergy Insecticides Pvt Ltd was settled out of court. The Defendant acknowledged the Plaintiff's exclusive rights in products protected by Indian Patent 394568, which covers specific formulations.
Shri Dhruv Gupta v.M/S Ujala Aquatech India Private Limited
The Delhi High Court addressed a suit filed by Shri Dhruv Gupta against M/S Ujala Aquatech India Private Limited concerning the trademark 'UJALA'. The Plaintiff seeks permanent injunctions for alleged infringement, passing off, and dilution. Given that the original owner of the mark is under insolvency proceedings (NCLT), the court deemed it necessary to issue notice to the Resolution Professional (RP) to ascertain their position before proceeding with the case.
M/S Vajiram And Ravi IAS Study Centre LLP v.Sh. S.S Choudhary and Anr / M/s Vajirao & Reddy Institute Pvt. Ltd.
The Delhi High Court consolidated a suit for injunction (CS(COMM) 43/2019) against M/s Vajirao & Reddy Institute Pvt. Ltd. with a related trademark cancellation petition (C.O.(COMM.IPD-TM) 213/2022). The core dispute involves the use of similar marks ('VAJIRAO' vs 'VAJIRAM') by two coaching institutes for civil services examinations. By consolidating the trials, the court aims to prevent multiplicity and address whether the defendant's trademark registration is liable for cancellation.
Indoco Remedies Limited v.M/S.Micro Labs Ltd.
The Madras High Court disposed of a dispute between Indoco Remedies Limited and M/S.Micro Labs Ltd regarding the trade mark 'CITALIFT'. The parties reached an agreement, leading the court to mandate the cancellation of the disputed registration (No. 1005556). Micro Labs agreed to change its mark to 'MICROLIFT' while being granted a six-month grace period to liquidate existing inventory bearing the old mark.
International Foodstuffs Co. Llc v.Vijay Kumar Mittal And Pawan Kumar And ...
The dispute between International Foodstuffs Co. Llc and Vijay Kumar Mittal was resolved through mediation before the Delhi High Court. The parties entered into a comprehensive settlement agreement, acknowledging each other's proprietary rights in the trademark 'ALLEGRO' across different product categories and jurisdictions. This resolution required both parties to withdraw existing legal actions and abide by specific usage restrictions for the mark.
R.Subbulakshmi (Deceased) & others v.1/183 & others
This case involved complex disputes among the partners and legal heirs of a newspaper publishing firm, Dinamalar. The core issue revolved around the status and ownership of the firm's trademark following its dissolution. The Madras High Court addressed several related civil suits and original applications concerning partnership rights and intellectual property.
Venator Materials Uk Limited v.Assistant Controller of Patents and Designs
Venator Materials UK Limited filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier order passed by the Assistant Controller of Patents and Designs. The appellant subsequently instructed his counsel to withdraw the appeal.
Sanofi - Aventis v.Controller General Of Patents, Designs and Trademarks And Anr.
This case involves Sanofi - Aventis challenging decisions related to its patent application (OA/11/2019/Pt/Kol). The matter was transferred from the Intellectual Property Appellate Board (IPAB) following the implementation of the Tribunals Reform Act, 2021. The Calcutta High Court directed the Commercial Appellate Division to issue necessary notices and file a report before proceeding with the hearing.
Japan Tobacco Inc. v.The Assistant Controller of Patents and Designs, Government of India, Patent Office
Japan Tobacco Inc. filed a Transfer Civil Miscellaneous Appeal seeking to set aside an earlier order and allow its patent application (No. 6844/CHENP/2010) to proceed for grant. The appellant subsequently moved for withdrawal of the appeal.
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.
K.P.D.Rajendran v.Mr.G.Sundarapandian
The Madras High Court dismissed the Original Petitions filed by K.P.D.Rajendran seeking the removal of trademarks 'SOLO' and 'BOVONTO.' The court noted that the impugned trademark registrations (Nos. 929435, 929437, and 929438) had not been renewed by the mark owner. Consequently, the petitions were deemed infructuous.
M/S.Resq Technologies Private Limited v.Rajdeep Energies Private Limited
The Madras High Court dismissed the Original Petition filed by M/S.Resq Technologies Private Limited against Rajdeep Energies Private Limited and the Registrar of Trademarks. The petition, which sought the removal or rectification of the trade mark 'RESQ' (Device Mark) registered under Trade Mark Registration No. 1779942 in Class 09, was withdrawn by the petitioner. This dismissal followed a settlement reached between the parties involved.
M.Viyan Aarman v.Etecetra Entertainment
M.Viyan Aarman filed a suit for copyright infringement concerning the title of the film 'Saamaniyan'. The appeal challenged an order rejecting the application for injunction, arguing that the appellant had registered the title and faced breach of trust by the first respondent. However, the court found that the appellant was only alleging infringement qua title, which is not maintainable under existing legal precedents.
Til Healthcare Private Limited v.M/s.Antop Pharma India Limited
Til Healthcare Private Limited filed a suit against M/s.Antop Pharma India Limited and others, alleging multiple infringements related to the brand 'APETAMIN'. The claims included trademark infringement, passing off, trade dress misuse, and copyright violation concerning its product label. Although the initial prayer sought permanent injunctions and damages, the parties ultimately reached an out-of-court settlement.
Fybros Electric Private Limited v.Hira Lal Jain Trading As Vikram Cable Industries and Anr.
The Delhi High Court allowed Fybros Electric Private Limited's petition, directing the removal of the rival trademark 'NEBROS' from the trade mark register. The court found that NEBROS was deceptively similar to the petitioner's earlier marks and covered identical goods (wires and cables) in Class 9. Given the likelihood of public confusion, the High Court ruled that the registration of NEBROS should not be upheld.
Immunovative Therapies Ltd. v.The Controller Of Patents
Immunovative Therapies Ltd. appealed a rejection order dated December 4, 2018, concerning its patent application for 'TH1 VACCINATION PRIMING FOR ACTIVE IMMUNOTHERAPY'. The appellant argued that the rejection based on Section 3(d) and (i) was incorrect, as the invention relates to therapeutic vaccine methods using allogeneic CD3/CD28 cross-linked Thl memory cells.
Sowkhya Way2 Health Private Limited v.Dr.Isaac Mathai; Soukya Indian Holistic Centre Pvt. Ltd.; The Registrar of Trademarks
In a matter concerning the removal and rectification of trademarks, Sowkhya Way2 Health Private Limited filed two petitions against Dr. Isaac Mathai and others. However, citing a prior memorandum of compromise between the parties, the petitioner subsequently withdrew both petitions. The Madras High Court accepted the withdrawal, dismissing the cases without making any ruling on the merits or costs.
Virendra Kumar Gupta v.Burger King Corporation
The Madras High Court dismissed a rectification petition filed by Virendra Kumar Gupta against Burger King Corporation. The petitioner sought to cancel or impose a disclaimer on the 'Burger' and 'King' marks registered under No. 927122. The court relied on prior judgments, including one from the Delhi High Court and the Supreme Court ruling in Patel Field Marshal Agencies vs P.M. Diesels Ltd., concluding that the petition was not maintainable.
OCV Intellectual Capital, LLC v.Union Of India & Ors.
The appellant challenged an order dated March 30, 2016, passed by the Deputy Controller of Patents & Designs rejecting its patent application. The court found that two appeals were filed challenging the same order (AID 18/2022 and IPDPTA 34/2022), making AID 18/2022 redundant. However, since the primary appeal (IPDPTA 34/2022) was dismissed for default, the court directed the parties to appear on a future date.
Compagnie De Saint-Gobain v.Sakthi Sai Safety Glass India
Compagnie De Saint-Gobain filed applications alleging that Sakthi Sai Safety Glass India was continuing to use the protected Trade Mark 'SAINT-GOBAIN' for selling toughened glasses after their contract had been terminated. The respondents raised defenses regarding lack of compliance with mediation, contractual relationship, and arbitration clauses.
M/s.Jupiter Drugs v.Mrs.M.Sarojini
The Madras High Court dismissed M/s. Jupiter Drugs' petition seeking to expunge or limit the trade mark 'ZIPROVIT.' The court noted that the last registration was valid only until December 14, 2017, suggesting the petitioner might no longer be an aggrieved party. Furthermore, due to the absence of a current address for service on the petitioner, the court found it impossible to proceed with the matter.
Vakzine Projekt Management Gmbh v.Assistant Controller Of Patents And Designs
Vakzine Projekt Management Gmbh appealed against an order passed by the Assistant Controller of Patents rejecting its patent application. The rejection was based on the grounds that the composition fell within the scope of Section 3(d) and Section 3(i) of the Patents Act, 1970.
Vexim v.The Controller Of Patents
Vexim appealed the rejection of its Indian Patent application, 'Methods and Apparatuses for Bone Restoration,' which was initially denied due to lack of inventive step. The core issue before the Delhi High Court was whether the Patent Office had provided adequate reasoning for this refusal. The court found that the impugned order was cryptic, failing to analyze existing knowledge against the subject invention as required by law. Consequently, the rejection was set aside and the matter was remanded back to the Patent Office for a fresh, reasoned consideration.
Sprng Marketing Consulting Llp v.Union Of India
The Karnataka High Court allowed Sprng Marketing Consulting Llp's petition, setting aside an earlier rejection of its trademark application 'Spring.' The court found that the petitioner was denied a fair opportunity to present further arguments after a technical glitch during a virtual hearing. Consequently, the matter has been remitted back to the Trademark Registry for fresh disposal, with a specific date set for the petitioner's appearance.
AB MAURI INDIA PRIVATE LIMITED v.VICKY AGGARWAL & ORS.
The Delhi High Court addressed a dispute regarding the scope of an undertaking provided by defendants concerning the use of the trademark 'TOWER'. The court ruled that the undertaking could not be extended to specific goods (Monosodium Glutamate, Citric Acid, Tartaric Acid, Camphor, Hexamine tablets in Class 1, and green raisins in Class 29) because the plaintiff had explicitly acknowledged the defendants' right to use the mark for those categories in their plaint. Consequently, the court modified the undertaking, limiting its restriction only to other goods.
M/S.Pioneer Bakeries (P) Ltd. v.Milka Nutriments Pvt. Ltd.; The Registrar of Trade Marks
The Madras High Court ruled in favor of M/S. Pioneer Bakeries, directing the removal of two specific trade marks (No. 821974 and No. 691534) from the Trade Marks Register. The court found that both marks had long expired because their renewal periods had lapsed, making them liable for cancellation under the Trade Marks Act, 1999. This decision underscores the importance of timely maintenance and renewal of intellectual property rights.
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