IP Cases — 2023
1,151 decisions across all jurisdictions
Page 26 of 39 · 1,151 total
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.
Bigmuscles Nutrition Pvt Ltd v.Avijit Roy & Ors.
Bigmuscles Nutrition Pvt Ltd successfully secured an ad interim injunction against social media influencers (Defendants 1-3) who were allegedly spreading false and defamatory claims about its '100% Performance Whey' product. The court found that the defendants' videos, which claimed the supplement was unsafe and amino spiked, constituted deliberate defamation and tarnishment of goodwill. Consequently, the court ordered the immediate takedown of specific impugned content across various social media platforms to prevent irreparable harm to the plaintiff’s reputation and sales.
M/S. Suparshva Swabs India v.Sh. Vipul Chhabra And Anr.
The Delhi High Court dismissed the petitioner's request to cancel a registered trademark, finding no deceptive similarity between the marks. The court held that despite both marks starting with 'T' and ending with 'IP', the overall visual, phonetic, and structural differences were substantial enough to prevent consumer confusion. This ruling emphasizes that similarity must be assessed as a whole, not merely by common letters.
Xiaomi Technology India Private Limited v.Union Of India
Xiaomi Technology India Private Limited challenged the constitutional validity of Section 37A of FEMA, arguing it violated fundamental rights. The dispute centered on royalty payments made by Xiaomi to foreign entities like Qualcomm for Standard Essential Patents used in its mobile phones.
Glaxo Group Limited v.Dermazone Pharmaceuticals Private Limited
Glaxo Group Limited successfully secured an ad-interim injunction against Dermazone Pharmaceuticals in a trademark infringement suit. The Delhi High Court found that the Defendant's mark, 'BECLOVATE,' is phonetically and deceptively similar to the Plaintiff's registered mark, 'BETNOVATE.' Given the identical nature of the products (skin treatments) and strong market presence of Glaxo, the court granted immediate relief to prevent consumer confusion. The injunction restricts the manufacture and sale of the infringing product moving forward.
Carlsberg Breweries A/S v.Tensberg Breweries And Industries Pvt Ltd
The Delhi High Court addressed an application regarding the alleged expansion of business by Tensberg Breweries despite a prior injunction order. Carlsberg contended that Tensberg was willfully violating the court's restraint by applying for fresh excise licenses in new states using the restrained marks. The court found merit in Carlsberg's contention, leading to notice being issued to Tensberg and setting the matter for further arguments.
Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Metrochem Api Private Limited
The dispute between Bristol-Myers Squibb Holdings Ireland and Metrochem Api Private Limited regarding patent infringement of Apixaban was amicably resolved through court-mediated conciliation. The parties executed a Settlement Agreement, leading to the suit being decreed in terms of that agreement.
M/s. Godfrey Phillips India Limited v.Khoday India Limited
The Madras High Court set aside a previous rejection order, allowing M/s. Godfrey Phillips India Limited to successfully challenge the registration of 'Khoday's Red & White'. The court found that the appellant possessed a well-known trademark used since 1940 for cigarettes, and crucially noted the prolonged non-use of the mark by Khoday India Limited from its application date in 1995. This decision reinforces the importance of continuous use and reputation when challenging subsequent registrations.
Transformative Learning Solutions Pvt. Ltd. v.Pawajot Kaur Baweja & Ors.
The plaintiffs, who sell Ayurveda products, sued former employees (Defendants 1 and 2) for using confidential data, customer databases, marketing material, and copyrighted content to run a competing business under the brand 'Adya Ayurveda'. The core legal issue was whether the suit was maintainable given previous judicial precedents. The Court found that the plaint disclosed sufficient cause of action and ruled in favor of the plaintiffs.
Grasim Industries Limited v.Lenzing Ag & Anr.
Grasim Industries Limited filed a revocation petition against Patent no. IN 367685, granted to Lenzing AG for 'Fire-retardant cellulose fiber'. The court disposed of several interlocutory applications and initiated proceedings by issuing notice and setting timelines for filing the counter affidavit.
Hindustan Pencils Ltd. v.Puma Stationery Ltd. and Anr.
Hindustan Pencils Ltd. successfully secured a decree in its trademark infringement suit against Puma Stationery Ltd. and A.W. Faber-Castell (India) Ltd. The judgment was based on an amicable settlement where the defendant, A.W. Faber-Castell, formally acknowledged Hindustan Pencils' ownership of the trademarks 'PLASTO' and 'NON-DUST'. Crucially, the defendant agreed to cease using these marks in stationery products and withdraw pending opposition and rectification proceedings against the plaintiff’s rights.
Sorting Hat Technologies Private Limited v.M/s. PGR E-Commerce Private Limited
The Madras High Court dismissed a petition filed by Sorting Hat Technologies Private Limited against M/s. PGR E-Commerce Private Limited. The petitioner had sought the rectification and cancellation of Trade Mark No. 3848331 from the Register of Trade Marks. However, due to the petitioner's failure to appear before the court on scheduled dates despite proper notice, the petition was dismissed for non-prosecution.
Mrs X v.Union Of India And Ors
This Delhi High Court judgment addresses a writ petition filed by 'Mrs. X' seeking the removal of her non-consensual intimate images (NCII) from various online platforms. The case details how Mrs. X was victimized after being coerced into paying money, leading to the leakage of explicit photos and videos on pornographic websites. Despite complaints to social media giants like Google and Microsoft, the content remained online. The Court emphasized the need for robust mechanisms to protect victims' privacy and dignity in a patriarchal society. While acknowledging existing legal frameworks under the IT Act, the judgment highlighted the reluctance of intermediaries in implementing these laws effectively. The court issued directions urging all concerned entities to comply with the stipulated provisions.
Decco Worldwide Post Harvest Holdings B.V v.The Controller of Patents and Designs
The appellants appealed against the Assistant Controller's rejection of their patent application for a fungicidal treatment using Ortho-phenyphenol (OPP) to treat black sigatoka in banana plants. The Controller rejected the application citing lack of novelty, inventive steps, and non-patentability under Section 3(h).
M/s.Moti And Company v.M/s.B.Braun Melsungen AG
M/s. Moti And Company filed a Transfer Original Petition seeking the revocation or invalidation of Patent No. 221306 held by M/s. B.Braun Melsungen AG. The petitioner's counsel submitted that the patent had already expired on July 13, 2021.
Iftikhar Alam v.M/S M.M.I. Tobacco Pvt. Ltd. And Another
The Allahabad High Court allowed an appeal filed by Iftikhar Alam, setting aside a prior temporary injunction granted against him by the District Judge. The court found that the trial judge failed to adequately consider crucial evidence, including documents suggesting the plaintiff's rights might have been abandoned or that the defendant was a prior user of the product. Consequently, the case has been remanded back to the trial court for a fresh and detailed hearing on the injunction application.
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.
Adama India Private Limited v.Fmc Corporation & Anr.
Adama India Private Limited filed a suit seeking a declaration that its process for manufacturing Chlorantraniliprole (CTPR) does not infringe Patent No. IN 298645 held by FMC Corporation. The court, while addressing an interim application, granted a temporary restraint on the defendants from contacting distributors or regulatory authorities to prevent business hindrance.
Thomson Licensing S.A v.Asst. Controller Of Patents And Designs and Anr
The case was transferred from the Intellectual Property Appellate Board (IPAB) to the High Court at Calcutta following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices to both parties before the returnable date and file a report.
Claridges Hotel Pvt Ltd v.Mr. Rajdeep Sharma & Anr.
Claridges Hotel Pvt Ltd filed a contempt petition alleging that Mr. Rajdeep Sharma and others were willfully disobeying a prior court order dated May 11, 2017. The original order required the respondents not to use the 'CLARIDGES' trademark. Claridges presented evidence showing the respondent continued using the trademark for a real estate project in advertisements. While the petition was filed alleging infringement and contempt, the Court issued directions for further proceedings rather than delivering a final judgment.
Largan Precision Co Ltd v.Motorola Mobility India Pvt Ltd & Ors.
The court addressed several interlocutory applications and noted that the Defendant Nos. 1 & 2 had filed a counterclaim under Section 64(1) of the Patents Act, 1970, seeking revocation of the Plaintiff's patent IN 363203.
Allegro Pharmaceuticals Llc v.The Controller of Patents and Designs
Allegro Pharmaceuticals LLC filed a Transfer Civil Miscellaneous Appeal (Patents) seeking to set aside an earlier order and amend its claims to secure a patent. However, the appellant subsequently instructed their counsel to withdraw the appeal.
Janssen Pharmaceuticals Inc And Others v.Clevus Lifesciences and others
The plaintiffs, exclusive licensees of the patent holder for Indian Patent No. 232231, filed a suit alleging infringement by defendant No. 1 and others who were manufacturing and offering Canagliflozin tablets under brand names like Adkana. The court found a prima facie case in favor of the plaintiffs.
Fmc Corporation v.Adama India Private Limited
The plaintiffs filed a civil suit alleging that the defendants infringed their process patent (IN'645) related to the manufacture of Chlorantraniliprole (CTPR). The court registered the plaint as a suit, issued summons, and set timelines for filing written statements and pleadings.
Levi Strauss & Company v.Suffee Garments
The plaintiff, Levi Strauss & Company, filed a suit alleging that the defendant was clandestinely stocking, distributing, and selling shirts and apparels bearing falsified trademarks ('Levi's', 'Two Horse logo') and deceptively similar designs (Arcuate Stitching) of the plaintiff. The court found the defendant guilty of infringement and passing off.
M/s.Kpr Fertilizers Ltd. v.Controller Of Patents
M/s.Kpr Fertilizers Ltd. filed an Original Petition seeking the revocation of Patent No. IN 202028, which covered a process for manufacturing Food Grade Dicalcium Phosphate. The court dismissed the petition after noting that the patent's term had expired in February 2023.
Synthes Gmbh v.Controller General Of Patents, Designs And Trademarks and Anr
Synthes Gmbh challenged an impugned order from the Assistant Controller of Patents, Designs and Trademarks, arguing that the rejection lacked due process. The court found that the original order was a 'total mockery' as it merely cut and pasted objections without providing any reasoned analysis or considering the appellant's replies. Recognizing the severe procedural lapses, the Delhi High Court quashed the decision and remanded the application for fresh consideration by a different officer.
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.
Sheeja Menon trading as M's Shwethas Hygeine Products v.M/s. Novel Tissues Pvt Ltd
The Madras High Court allowed the petition seeking rectification of a trademark registration, finding that the first respondent fraudulently registered an identical device mark (No. 2298691) in Class 16. The petitioner successfully demonstrated prior use and ownership rights over the mark for cosmetic wet wipes since 2011. Consequently, the Court directed the Registrar of Trade Marks to cancel the impugned registration, preventing confusion in the market.
Venus Worldwide Entertainment Private Limited v.Popular Entertainment Network (Pen) Private Limited & Anr.
The Delhi High Court dismissed the Plaintiff's application for an interim injunction, which sought to prevent Defendants from releasing a film titled 'Khiladi'. The court found that the Plaintiff failed to establish a prima facie case and determined that the balance of convenience favored the Defendants. Despite the Plaintiff claiming extensive goodwill and secondary meaning for its trademark 'KHILADI', the Court held that movie titles alone do not warrant an injunction without content similarity, ultimately allowing the disputed film's release.
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