IP Cases — 2023
1,151 decisions across all jurisdictions
Page 33 of 39 · 1,151 total
Enercon ( India ) Limited v.Aloys Wobben
Enercon (India) Limited filed multiple Transfer Original Petitions before the Madras High Court seeking the revocation and removal from the register of various Indian Patents held by Aloys Wobben. The court observed that the term of all the patents in question had expired.
Google Llc v.The Controller Of Patents
Google LLC appealed a refusal order by the Assistant Controller of Patents & Designs regarding its patent application 'Managing Instant Messaging Sessions on Multiple Devices'. The refusal was based on lack of novelty and inventive step citing prior art. The court directed that an IPO official must be present for further hearings to address these technical objections.
Jockey International Inc. v.M/S Khalsa Accessories & Ors.
The Delhi High Court registered the suit filed by Jockey International Inc. against M/S Khalsa Accessories & Ors., finding a prima facie case of trademark infringement and passing off. The court noted that 'JOCKEY' is a well-known trade mark, supported by extensive sales figures and promotional expenditure. While granting procedural exemptions to the plaintiff, the court proceeded with the suit, allowing for further pleadings and setting up the framework for interim injunctive relief.
Walter Bushnell Pvt Ltd. v.Galaxi Drugs Pvt Ltd.
The Delhi High Court disposed of a trademark cancellation petition filed by Walter Bushnell Pvt Ltd. against Galaxi Drugs Pvt Ltd. The dispute centered on the conflicting marks 'DROTIN' and 'DROTAGAN' in Class 5 (pharmaceuticals). Crucially, the parties reached an out-of-court settlement, leading to Respondent No.1 agreeing to surrender its registration for 'DROTAGAN' and acknowledging the Petitioners' rights in 'DROTIN'. The court accepted this agreement, effectively resolving the dispute.
Insta Rooms Private Limited v.The Senior Examiner of Trade Marks
The Madras High Court overturned a rejection of Insta Rooms Private Limited's device mark application. The Examiner had objected that the mark was highly descriptive of temporary accommodation services. However, the court ruled that when considered as a whole—including the visual elements (bed and lamp) alongside the words 'Insta Rooms Book Instantly'—the mark possesses sufficient distinctiveness to overcome the Section 9 objections. The registration was allowed, though with a caveat limiting the appellant's exclusive rights over the individual words 'insta' or 'rooms'.
Gsp Crop Science Pvt Ltd v.Br Agrotech Limited And Anr
The dispute involved Gsp Crop Science Pvt Ltd asserting its exclusive patent rights over a specific suspo-emulsion formulation. The parties reached a settlement regarding Defendant No. 1 (BR Agrotech), acknowledging the Plaintiff's patent validity and granting a permanent injunction against infringement.
Commissioner Of Service Tax, Kolkata v.M/s. McLeod Russel (India) Limited
The Revenue appealed an order dropping demands for Service Tax on royalties paid by M/s. McLeod Russel (India) Limited to a foreign company for using licensed trademarks and patents related to tea production. The Tribunal held that since the trade marks and patents were not registered in India, they did not qualify as Intellectual Property Rights under Indian law 'for the time being in force', thus making the royalty payment non-taxable.
Dhanvantari Nano Ayushadi Private Limited v.The Registrar of Trade Marks
Dhanvantari Nano Ayushadi Private Limited filed a Civil Miscellaneous Appeal seeking to set aside an order passed by the Registrar of Trade Marks concerning the registration of the mark “NANO CUR”. The appeal was dismissed for non-prosecution because the appellant could not be served notice due to having vacated the specified office address.
Saint Gobain Construction Products Uk Limited v.Cyp Rock Industries
Saint Gobain Construction Products UK challenged the registration of 'GYP-ROCK INDUSTRIES' by Cyp Rock Industries, arguing that it was deceptively similar to their established trademark 'GYPROC'. The dispute centered on potential consumer confusion in the market. However, the court accepted the respondent's affidavit, wherein they voluntarily agreed to seek cancellation and cease using the mark. Consequently, the parties were directed to proceed with the voluntary cancellation process before the Trademark Registry.
M/S Liberty Footwear Company v.M/S Liberty International
This case involved a suit filed by M/S Liberty Footwear Company against M/S Liberty International, alleging unauthorized use and infringement of the registered trademark 'LIBERTY' in the footwear sector. The core dispute centered on whether the claims of trademark infringement could be subjected to arbitration as stipulated in an underlying Partnership Deed. The court ultimately allowed the defendant's application under Section 8 of the Arbitration Act, referring the parties to arbitration.
Gopika Industries v.The Registrar Of Trade Marks, Trade Marks Registry & Ors.
The Delhi High Court addressed a dispute concerning the renewal of Trademark No. 1039952, which was originally registered under Dayal Industries Limited but subsequently renewed in the name of its sister concern. The court heard arguments regarding whether this change constituted a bona fide mistake or an improper transfer. To clarify the complex factual matrix, the Court issued directions requiring all relevant respondents to file detailed affidavits and produce supporting documentation within three weeks.
Adhya Kumar v.Mulligan Concept Teachers Association
The petitioner, Adhya Kumar, filed a Transfer Civil Miscellaneous Appeal seeking to set aside an earlier order and restore opposition proceedings related to Trademark Application No. 3010257 in Classes 16 and 41. The appeal was ultimately closed after the court noted the prior decision by the Intellectual Property Appellate Board.
Delight Chemicals Private Limited v.Ganga Yallappa trading as Sarpa Paint
The Madras High Court dismissed several petitions filed by Delight Chemicals Private Limited seeking the removal or rectification of trademarks registered under Ganga Yallappa. The court noted that the petitioner had previously won a suit for infringement and passing off against the respondent in 2019. Crucially, the respondents submitted that the subject trademark had not been renewed since 2017. Based on this development, the High Court found that there was nothing left to adjudicate in the pending petitions, leading to their dismissal as infructuous.
Dsm Ip Assets B.V. v.The Controller of Patents and Designs
Dsm Ip Assets B.V. filed a Transfer Civil Miscellaneous Appeal seeking to overturn an order refusing to grant a patent on Application No. 3957/CHENP/2011. The appeal was dismissed by the Madras High Court because the appellant failed to appear in court at the hearing, despite being served notice.
Macgregor, Alexander v.Assistant Controller Of Patents And Designs & Anr.
The appellant challenged the Assistant Controller's order dated November 19, 2020, which rejected Patent Application No. 3036/DELNP/2012 for 'Derivatives of Di(phenylpropanoid) Glycerol'. The court first condoned a delay of 479 days in re-filing the appeal and subsequently issued directions to list the matter before the Joint Registrar.
M/S Baid Rotomoulders Pvt Ltd. v.M/S S M Industries
The Rajasthan High Court dismissed an appeal filed by M/S Baid Rotomoulders Pvt Ltd against a prior order that denied a temporary injunction. The plaintiff sought to stop the defendant from using the trade name 'POLYGON', claiming it infringed upon their registered trademark 'POLYCON'. However, the court found no prima facie case for infringement or passing off, noting that the plaintiff failed to provide sufficient evidence regarding market goodwill or proof of prior use. Consequently, the appeal was dismissed, though the court clarified this ruling does not prejudice the final trial on merits.
Board of Regents, The University of Texas System v.The Assistant Registrar of Trade Marks
The Madras High Court allowed the appeal filed by The University of Texas System regarding the trademark 'cancer and Slash Design'. The court found that the Registrar's previous refusal was unreasoned, failing to consider evidence of use and international registrations. Consequently, the application was accepted for advertisement, provided the university does not claim exclusive rights over the word 'Cancer'.
Consitex S.A. v.Sharad Rampal Jain And Sudeep Gautamchand Dhing Trading As Siesta Pharmaceuticals & 1 other(s)
The Gujarat High Court disposed of the Rectification Application (C/RA/50/2022) filed by Consitex S.A. The application sought action regarding a trademark, but the petitioner subsequently informed the court that the trademark in question had already been removed by the Registry. Consequently, the court allowed the withdrawal of the application.
Astral Limited & Anr. v.Astralglee & Ors.
The Delhi High Court disposed of the suit between Astral Limited and Astralglee following a comprehensive settlement agreement reached by both parties. The court decreed the suit in favor of the Plaintiffs against specific defendants (No. 1, 2, and 3) according to the terms of the settlement dated February 21, 2023. Notably, the judgment confirmed that one clause within the settlement—where Defendants admitted 'ASTRAL' is a well-known trademark—would legally bind them.
Novateur Electrical & Digital Systems Pvt Ltd v.V-Guard Industries Ltd
The plaintiff alleged that the defendant's MATTEO range of switch plates infringed upon three registered designs (296178, 296179, and 296180) held by the plaintiff for its LYNCUS switch plates. The court examined physical samples and photographs to determine infringement.
Vidya Mandir Classes Ltd. v.Wefrew Educations P. Ltd.
The Delhi High Court granted an interim injunction in favor of Vidya Mandir Classes Ltd. against Wefrew Educations P. Ltd., finding that Vidya Mandir had a prima facie case regarding the unauthorized use of its trademarks and proprietary course materials. The court observed that Wefrew was allegedly using these assets while simultaneously claiming disassociation, causing potential irreparable harm to the petitioner. Consequently, Wefrew was immediately restrained from using any material or marks associated with Vidya Mandir Classes.
Krbl Limited v.Manoj Sah
Krbl Limited filed a suit seeking permanent injunction and damages against Manoj Sah and others for infringement, disparagement, and dilution of its flagship trademark 'INDIA GATE', used for Basmati Rice. The court found that the defendants' actions amounted to infringement under Section 29(8) and 29(9) of the Trademark Act, 1999.
N.C.Nanu v.The Registrar of Trade Marks
The Madras High Court allowed a writ petition filed by N.C.Nanu, whose trademark application for 'PAYYOLI MIXTURE' was deemed abandoned by the Registrar of Trade Marks. The court held that the petitioner had complied with Section 21(2) of the Trademarks Act, 1999, as the initial counter statement was filed within the stipulated two-month period from receiving the notice of opposition. The High Court quashed the abandonment order and directed the Registry to consider the application on its merits.
M/s.Amit Agarwal Trading as M/s.Seetu Electicals v.M/s.Hitesh Kumar Rastogi (Trading as M/s.Avon Electrical Industries)
The Madras High Court dismissed a rectification petition filed by M/s. Hitesh Kumar Rastogi against M/s. Amit Agarwal, which sought to remove the 'ORBIT THE CABLE PEOPLE' trademark registration. The court held that since the pending civil suits between the parties have not yet framed an issue concerning the invalidity of the registered mark, the rectification petition was not maintainable. This ruling underscores the strict procedural requirement under Section 124 of the Trade Marks Act, mandating that validity issues must be addressed in the rectification proceeding before infringement actions can proceed.
Ecomax Solutions Pvt. Ltd. v.Energeo Building Solutions Llp & Ors.
The dispute concerned alleged patent infringement regarding Ecomax Solutions' Automatic Tube Cleaning System (ATCS) against Energeo Building Solutions' AFCS. The court examined whether the defendants' system infringed the claims of IN 382118. The court found that the AFCS was prima facie dissimilar to the suit patent, leading to the dismissal of the plaintiff's injunction application.
Jaypore E-Commerce Private Limited v.Mr Jitendra Ravjani
Jaypore E-Commerce Private Limited filed a suit seeking permanent injunction against Mr. Jitendra Ravjani, alleging infringement and passing off concerning the mark 'JAYPORE'. The Delhi High Court proceeded to frame seven key issues in the matter, including whether the defendant's use constitutes trademark infringement or passing off, and whether the plaintiff is guilty of concealment. This order sets the stage for detailed evidence presentation by both parties.
Les Ateliers Louis Moinet Sa v.The Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Les Ateliers Louis Moinet Sa against the rejection of its trademark application 'LOUIS MOINET' for horological instruments and jewellery. The court recognized that the mark, being the founder's name used for luxury timepieces, possessed inherent distinctiveness. Despite objections regarding similarity to a cited mark ('LOUIS MONT'), the Court allowed the application to proceed to advertisement without acceptance, directing that any subsequent opposition must be decided on its own merits.
Dr. Reddys Laboratories Limited v.Fast Cure Pharma And Anr.
The Delhi High Court allowed a petition seeking the rectification of a trademark registration, declaring the mark 'RAZOFAST' illegal. The court found that 'RAZOFAST' was deceptively similar to the petitioner's prior registered mark 'RAZO', which is used for the pharmaceutical compound Rabeprazole. Consequently, the registration of 'RAZOFAST' was cancelled and removed from the register.
Prof Manju Pathak v.M/S Shree Agro Foods
Prof Manju Pathak appealed a previous judgment where she had succeeded in an infringement suit under the Patents Act, 1970. Her grievance was that the original court did not award damages, costs, delivery-up, or rendition of accounts for the infringing products.
Microsoft Technology Licensing, Llc v.The Assistant Controller Of Patents And Designs
The petitioner appealed a matter before the Delhi High Court concerning an objection related to Section 3(k) of the Patents Act, 1970. The court heard arguments and directed the Controller General of Patents, Designs and Trade Marks to ensure the presence of a Controller for assistance on the next date.
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