IP Cases — 2023
1,252 decisions across all jurisdictions
Page 27 of 42 · 1,252 total
Hyundai Motor India Limited v.Varna Homes Pvt. Ltd.
In a case concerning trademark disputes, Hyundai Motor India Limited sought the removal and rectification of Varna Homes Pvt. Ltd.'s trademarks from the register. The Madras High Court noted that the parties had reached a comprehensive settlement agreement. Consequently, the court dismissed the petition as withdrawn, directing the Registrar of Trade Marks to implement specific amendments to the service descriptions in both trademarks within four weeks.
Vedant Fashions Private Limited v.Rajul Devi Trading As Manyavar
The Madras High Court addressed petitions filed by Vedant Fashions Private Limited seeking the rectification of registered trademarks held by Rajul Devi Trading As Manyavar. The court noted that the dispute between the parties had been resolved through an out-of-court settlement agreement dated April 1, 2019. Consequently, both petitions were closed without any formal order regarding costs.
OERLIKON TEXTILE G.M.B.H. & CO. K.G. v.BHAGAT GROUP
Unified Patent Court decision.
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.
I Am The Ocean, LLC v.Registrar of Trade Marks
In this Bombay High Court ruling, the petitioner successfully challenged an Examiner's refusal to register their trademark. The court found that the original rejection was not a 'reasoned order' because it failed to consider detailed arguments regarding the mark's distinctiveness and its unique visual structure. Consequently, the high court set aside the refusal and remanded the matter back to the Registrar for reconsideration, ensuring all petitioner submissions are properly addressed.
OERLIKON TEXTILE GMBH & CO KG v.Himson Engineering Private Limited
Unified Patent Court decision.
OERLIKON TEXTILE G.M.B.H. & CO. K.G v.HIMSON ENGINEERING PRIVATE LIMITED
Unified Patent Court decision.
Rajeev Hiremath v.The Controller of Patents & Designs
Rajeev Hiremath filed an appeal challenging the Controller's refusal to register specific claims (1-12) under Application No. 201741023631. However, on the date of judgment, the appellant withdrew the appeal.
Haryana Pesticides Manufactures' Association v.Nippon Soda Co. Ltd
The petitioner filed an Original Petition seeking the revocation/cancellation of Indian Patent No. 268448 related to a method of producing granular agrochemical composition. However, the petitioner subsequently informed the court that they intended to withdraw the petition without prejudice to their rights.
Guangdong Oppo Mobile Telecommunications Corp., Ltd. v.The Controller of Patents and Designs
Oppo Mobile appealed the rejection of its patent application for a novel charging system and power adapter. The appellant contended that the rejection lacked reasons, failed to appreciate the requirements for novelty/inventiveness, and violated procedural rules by not issuing a Second Examination Report after amendments. The High Court allowed the appeal and remanded the matter back to the Controller for fresh consideration.
Ajanta Pharma Limited v.Zodley Pharmaceuticals Private Limited
The Commercial IP Suit filed by Ajanta Pharma Limited against Zodley Pharmaceuticals Private Limited was settled out of court. The Bombay High Court passed an order accepting the Consent Minutes, disposing of the suit and interim applications accordingly.
Actelion Pharmaceuticals Ltd. v.ICOS Corporation of Eli Lilly and Company; The Controller of Patents
Actelion Pharmaceuticals Ltd filed an Original Petition seeking the revocation of Indian Patent No. 235242 before the Madras High Court. The court noted that the patent had already expired on April 26, 2016.
Henkel Ag And Co. Kgaa v.The Registrar of Trademarks
The Bombay High Court ruled in favor of Henkel Ag And Co. Kgaa, setting aside an earlier refusal by the Registrar of Trademarks to register a subject mark. The court found that the Senior Examiner failed to properly consider crucial material on record, including evidence of opposition and abandonment status of cited marks, as well as a NoC obtained by the petitioner. Consequently, the matter was remanded back for the Respondent to conduct a fresh hearing based on all submitted facts.
Beiersdorf Ag v.Registrar Of Trade Marks
Beiersdorf Ag successfully challenged an administrative order issued by the Registrar of Trade Marks regarding its international registration. The Bombay High Court found that the original order was arbitrary, lacking independent reasons or consideration of the petitioner's submissions. Consequently, the court quashed the impugned order and remanded the matter back to the Registrar, mandating a reasoned decision within eight weeks.
Pan Seeds Pvt. Ltd. v.Ramnagar Seeds Farm Pvt. Ltd. and Ors.
Pan Seeds Pvt. Ltd. appealed against a lower court's decision regarding an interim injunction concerning its registered plant variety PAN 804. The appeal focused on procedural fairness, arguing that the trial court violated principles of natural justice by relying solely on voluminous documents produced by the respondents without giving the appellant a chance to respond. The High Court allowed the appeal and granted an injunction.
Monsanto Technology Llc v.Union Of India
Monsanto Technology LLC challenged the rejection of its patent application (No. 6560/CHENP/2008) by the Patent Office. The court found that the impugned order breached principles of natural justice because it referenced sections and paragraphs (like Section 10(4)(a), (b), (c) and paragraph 53) that were neither in the First Examination Report nor in the subsequent hearing notice.
Radhakrishna Adiga v.M/s.Vasudeva Adigas Fast Foods Pvt Ltd
The Madras High Court dismissed a series of petitions filed by Radhakrishna Adiga against M/s. Vasudeva Adigas Fast Foods Pvt Ltd and the Registrar of Trademarks. The original petitions sought the removal or rectification of several trademarks registered under the name 'Vasudeva Adigas Fast Food Pvt Ltd.' However, the court noted that the petitioner had been instructed to withdraw all cases due to a settlement reached between the contesting parties.
Mankind Pharma Limited v.Shrinivas (Gujarat) Laboratories Pvt. Ltd.
Mankind Pharma Limited filed a suit against Shrinivas (Gujarat) Laboratories Pvt. Ltd., alleging that the latter was manufacturing and selling medicinal preparations under the deceptively similar trademark ZONFLOX, infringing on Mankind's registered trademark ZENFLOX. The court found the marks to be visually, phonetically, and structurally similar, leading to confusion among consumers.
M/s.Abellon Eco Equipments Limited v.Indian Institute of Science
M/s.Abellon Eco Equipments Limited filed a petition seeking the revocation or rectification of Patent No. 229283, alleging it was invalid and obtained by misrepresentation. The court noted that the patent had not been renewed and its term had expired.
Lakshmi Ring Travellers (Coimbatore) Limited v.Bracker Ag
Lakshmi Ring Travellers filed a petition seeking the revocation of Patent No. 212183 held by Bracker Ag. The court noted that the term of the impugned patent had already ended on March 26, 2015.
M/s.Abellon Eco Equipments Limited v.Indian Institute of Science
M/s.Abellon Eco Equipments Limited filed a petition seeking revocation of Patent No. 229283, alleging it was invalid and obtained through misrepresentation. The court noted that the document indicated the patent had not been renewed and its term had expired.
Unilever Plc. v.Anurag Tiwari
The Commercial IPR Suit No. 481 of 2022, filed by Unilever Plc. against Anurag Tiwari and others, was settled by both the Plaintiffs and Defendants. The court accepted the Consent Minutes of Order, permitted amendments to the cause title, and disposed of the suit.
Mrs.Veena Kumaravel v.Union Of India
Mrs. Veena Kumaravel challenged the abandonment of her trademark application, 'Natural's @,' before the Madras High Court. The petitioner sought to quash the public notice that treated her mark as abandoned under Section 21(2) of the Trade Marks Act. However, the case was ultimately dismissed because the Central Government subsequently withdrew the order of mass abandonment that formed the basis of the challenge.
Shaik Nazeemuddin v.Mohammed Aslam; Registrar of Trademarks
Shaik Nazeemuddin filed two petitions before the Madras High Court seeking the removal and cancellation of trademarks 'BRIGHT ROCK' and 'BRIGHT' registered by Mohammed Aslam. The petitioner sought to maintain the purity of the trademark register. However, shortly after filing, the petitioner instructed his counsel to withdraw both cases. Consequently, the court dismissed (T)OP(TM)Nos. 288 & 289 of 2023 as withdrawn without making any order regarding costs.
Jawed Habib Hair And Beauty Limited v.Madhuri Singh
The Bombay High Court addressed an application seeking an interim injunction against the use of the 'Jawed Habib' trademark and associated copyright in hair salon services. The court denied the plaintiff's request for immediate relief, primarily because the defendant asserted that she had ceased using the marks as of September 17, 2022, and there was no prima facie evidence to the contrary. Crucially, the court allowed the defendant to file an application under Section 8 of the Arbitration and Conciliation Act, effectively directing the dispute towards arbitration.
Premier Airways Limited v.Easy Group Ltd
The Madras High Court dismissed the petition filed by Premier Airways Limited seeking the removal of a trademark belonging to Easy Group Ltd. The court noted that the petitioner company had been struck off the Register of Companies, meaning it no longer existed as a juristic entity. Consequently, the court found the petition infructuous and dismissed it without making any order regarding costs.
Maharashtra Safe Chemists And Distributors Alliance Limited v.Sachin Bhausaheb Bhalekar & Anr.
The Bombay High Court dismissed a trademark infringement suit after noting that the disputed mark had already been removed from the register by the Registrar of Trademarks. The court accepted the defendant's affidavit stating that the trademark was never put into commercial operation, rendering all remaining claims for injunction and damages moot. This decision highlights how prior administrative actions (like rectification) can fundamentally alter the trajectory of a civil IP suit.
Maharashtra Safe Chemists And Distributors Alliance Limited v.Sachin Bhausaheb Bhalekar & Anr.
The Bombay High Court dismissed the suit filed by Maharashtra Safe Chemists And Distributors Alliance Limited against Sachin Bhausaheb Bhalekar and others. The court found that since the disputed trademark was successfully removed from the register via a rectification petition, and the defendant provided affidavits confirming no commercial use of the mark had ever occurred, all prayers in the original suit were rendered infructuous. This decision effectively closed the infringement proceedings.
Agfa Nv & Anr. v.The Assistant Controller Of Patents And Designs & Anr.
Agfa Nv appealed a decision by the Assistant Controller of Patents and Designs that refused grant for its patent application concerning 'MANUFACTURING OF DECORATIVE LAMINATES BY INKJET'. The refusal was based on objections regarding lack of clarity, succinctness, and inventive step. The Delhi High Court examined these grounds, particularly focusing on whether vague terms like 'thermosetting resin' were adequately defined in the complete specification. Ultimately, the court set aside the impugned order, directing the Patent Office to proceed with granting the patent.
M/s Martindal Research Laboratories v.M/s Shalina Laboratories Pvt Ltd
The Rajasthan High Court addressed a civil appeal concerning a trademark infringement dispute between Martindal Research Laboratories and Shalina Laboratories. The appellant sought to overturn an order that denied temporary injunction, citing lack of evidence regarding prior use of their mark 'VITAPLEX'. Recognizing the long pendency of the original suit (since 2008), the Court disposed of the appeal without interfering with the lower court's finding on interim relief. Instead, it directed the trial court to expedite the final decision on the merits of the case within a strict timeframe.
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