IP Cases — 2023
1,252 decisions across all jurisdictions
Page 25 of 42 · 1,252 total
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.
myStromer AG v.Revolt Zycling AG
Unified Patent Court decision.
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.
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.
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.
Sun Pharma Laboratories Limited v.Avighna Medicare Private Limited & Ors.
This Delhi High Court judgment confirms a comprehensive settlement between Sun Pharma Laboratories Limited (Plaintiff) and Avighna Medicare Private Limited & Ors. (Defendants). The parties resolved their trademark infringement dispute regarding the brands 'DOSELA' and 'ATENTRUE' versus 'DUZELA' and 'ATTENTROL'. Under the agreement, Defendant No. 1 agreed to cease all use of the infringing marks, destroy existing stock within specified timelines, and waive its own pending trademark applications for those names. The suit was subsequently disposed of based on these mutual undertakings.
Adidas AG v.Muthu and The Registrar of Trademarks
Adidas AG filed a petition seeking the rectification and cancellation of the trademark registration 'ADIMAS' held by Muthu. However, before the court could rule on the merits of the dispute, both parties reached an out-of-court settlement agreement dated May 30, 2016. Consequently, Adidas sought leave to withdraw its petition, and the Madras High Court dismissed the case as withdrawn without making any order regarding costs.
Comite International Olympique v.S.Kasthuri
The Madras High Court dismissed an Original Petition filed by Comite International Olympique seeking rectification and cancellation of Trademark No. 1108146 in Class 12. The dismissal was based on the fact that the trademark had already expired, having been valid only up to May 30, 2023. The court granted the petitioner leave to re-apply should the mark be restored, allowing them to pursue their claim later.
10x Genomics, Inc. v.NanoString Technologies Inc.
Unified Patent Court decision.
10x Genomics, Inc. v.NanoString Technologies Inc.
Unified Patent Court decision.
myStromer AG v.Revolt Zycling AG
Unified Patent Court decision.
Kilitch Drugs (India) Limited v.Zee Laboratories Limited
The Plaintiff, Kilitch Drugs, sought an interim injunction and relief for passing off against the Defendant, Zee Laboratories. The dispute centered on the alleged infringement of the Plaintiff's registered trademarks (KILITCH and KILITCH SRO) in pharmaceutical preparations by the use of the impugned mark KILITH/KILITH SRO.
Also at v.Morepen Laboratories Ltd.
The plaintiff filed a civil suit seeking permanent injunction and delivery up of stocks against Morepen Laboratories Ltd. for alleged infringement of three registered patents related to SAROGLITAZAR free acid and its magnesium salt. The dispute was subsequently settled out of court through a Joint Compromise Memo, which the Court recorded.
Varun Chopra & Jagdaman Kumar Chopra v.Shyam Sunder Chopra And Sons, Sampan Chopra, Vaibhav Chopra, Samvitee Foods Pvt Ltd
The Karnataka High Court ruled in favor of the plaintiffs, overturning a lower court's decision to reject their trademark infringement suit. The core issue was whether Section 20 of the CPC (territorial jurisdiction) was applicable despite provisions of the Trade Marks Act. The Court held that the special provisions of the Trademark Act do not oust the general principles of territorial jurisdiction under the Code of Civil Procedure, especially when the cause of action arises within the court's jurisdiction. Consequently, the matter was remanded back to the Trial Court for a fresh consideration of the plaint rejection application.
Sanofi-Aventis Deutschland GmbH v.Amgen, Inc.
Unified Patent Court decision.
Raghu Ram Guda v.Kithuru Mohideen
The Madras High Court dismissed a rectification petition filed by Raghu Ram Guda against Kithuru Mohideen and the Registrar of Trademarks. The petitioner sought to cancel Trademark No. 3952456 in Class 2. However, the court noted that the petitioner had subsequently been brought on record as the proprietor of the trademark, rendering the original petition unnecessary and moot.
M/S.J.S.F.Holdings Pvt. Ltd. v.Ms.Revathi Mohandass
The Madras High Court dismissed an Original Petition (Trademarks) filed by M/S.J.S.F.Holdings Pvt. Ltd. The petition sought the removal and rectification of Trademark No. 3712623 in Class 30. However, the petitioner subsequently informed the court that a compromise had been reached in an earlier infringement action, leading to the withdrawal of the current petition. This outcome highlights how prior litigation settlements can directly impact ongoing IP remedies.
10x Genomics, Inc. v.NanoString Technologies Inc.
Unified Patent Court decision.
10x Genomics, Inc. v.NanoString Technologies Inc.
Unified Patent Court decision.
Three Plaintiffs v.Revision Petitioner (Defendant in original suit)
A suit was filed by three plaintiffs seeking permanent injunction against the defendant for using the trademark 'IONS'. The defendant challenged the plaint, which was dismissed. The present Civil Revision Petition challenged this dismissal, arguing that Article 227 grants unfettered power of superintendence. The Court held that Article 227 cannot be used to circumvent Section 8 of the Commercial Courts Act, and thus dismissed the revision petition.
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