IP Cases — 2023
1,199 decisions across all jurisdictions
Page 35 of 40 · 1,199 total
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.
Pidilite Industries Limited v.Mr. X, Trading As, M/S Prabhat Store
In a trademark infringement case concerning Pidilite Industries Limited's products (FEWIKWIK and M-SEAL), the Delhi High Court granted an extension for its local commissioners. The court allowed the plaintiff to continue seizing counterfeit goods based on new market evidence, ensuring that enforcement actions could proceed until the next hearing date. This order maintains the status quo regarding anti-counterfeiting measures while allowing defendants time to prepare their defense.
Element Six Technologies Limited v.Controller Of Patents And Design
The appellant challenged the Deputy Controller's order refusing grant of a patent application (No. 10030/DELNP/2011) under Section 3(d). The court allowed the appeal, setting aside the refusal and remanding the application for fresh consideration of the remaining claims.
Ticona Polymers, Inc. v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Ticona Polymers against the Registrar of Trade Marks' refusal to register the word mark 'COOLPOLY'. The court held that a trade mark cannot be dissected into its component parts (like COOL and POLY) when assessing inherent distinctiveness. Finding that 'COOLPOLY' as a whole was not descriptive, the High Court quashed the rejection order and remanded the application for further processing.
Murarilal Harish Chandra Jaiswal Pvt ltd. v.Shivashankar
The plaintiff, engaged in manufacturing tobacco products under the trademark HANSCHAAP, filed a suit alleging that the defendants were dishonestly adopting and using identical/deceptively similar trademarks (HANS and HANSVENBA) on their impugned goods. The court found the defendants guilty of infringement, passing off, dilution, and copyright violation.
Old Madras Baking Company Pvt Ltd v.M/s.Suryachandra Enterprises
The Madras High Court decreed a civil suit filed by Old Madras Baking Company Pvt Ltd against M/s.Suryachandra Enterprises concerning trademark infringement, copyright violation, and passing off. The dispute involved the use of the 'OLD MADRAS BAKING COMPANY' mark across various classes and digital platforms. Crucially, the court accepted a Memo of Compromise and Trademark Assignment Deed signed by both parties, leading to the suit being settled and decreed without costs.
Twentieth Century Fox Film Corporation v.The Registrar
The Delhi High Court allowed Twentieth Century Fox Film Corporation's appeal, overturning the Trade Marks Registry's refusal to register a proposed mark. The court held that despite some phonetic similarity, the marks were not similar when viewed as a whole because the cited mark was a composite device containing unique visual elements (a sketch and bilingual text) absent in the appellant's mark. This ruling emphasizes that for trademark opposition under Section 11(1), the comparison must be holistic, preventing mere phonetic resemblance from leading to rejection.
Ashok Kumar Gupta & Anr. v.Sandip @ Sandeep Yadav & Anr.
The Delhi High Court initiated trademark opposition proceedings where Petitioners, established users of a mark in the Plaster of Paris (POP) business since 2004, sought cancellation of a registered mark held by Respondent No. 1. The court allowed an initial application for exemption regarding document filing while setting out the procedural framework for the dispute. Notice was issued to the respondents, and the parties were directed to file detailed submissions before further hearings.
Diamond Star Global Sdn. Bhd. v.Joint Controller Of Patents And Designs
The appellant challenged the rejection of its patent application for 'Hygiene Wash' by the Joint Controller. The appellant argued that the rejection, based on insufficiency of disclosure (Section 10(4)), was violative of natural justice as no objection was raised at earlier stages. The court directed re-notification to hear the matter further.
Ozone Overseas Private Limited v.Sukkhjinder Singh Virdi & Ors.
The Delhi High Court framed issues in the suit filed by Ozone Overseas Private Limited against Sukhkjinder Singh Virdi & Ors. The litigation involves multiple IP claims, including infringement of the registered trademark OZONE/OZONE DEVICE and copyright infringement related to product catalogues and logos. Furthermore, the plaintiff has alleged passing off due to the defendants' use of near-identical materials. This order sets the stage for a full trial addressing territorial jurisdiction, ownership rights, and damages.
Greaves Electric Mobility Private Limited v.The Controller Of Patents & Ors
The petitioner, Greaves Electric Mobility Private Limited, filed a case against The Controller of Patents. The respondent argued that the Controller was not a necessary or proper party to the revocation petition, relying on Section 64(5) of the Patents Act, 1970.
Astral Ltd v.Ashirvad Pipes Pvt Ltd
Astral Ltd filed a suit against Ashirvad Pipes Pvt Ltd, alleging that the defendant's use of the mark 'CPVC FLOWPRO' infringed upon Astral's reputation associated with its trademark 'CPVC PRO'. The core dispute centered on whether the similarity between the marks created a likelihood of confusion in the market. However, the court found that the plaintiff failed to establish a prima facie case for granting an interim injunction.
Sunit Shah v.Sunshine Food Products
The Delhi High Court addressed an appeal challenging a lower court's decision regarding the trademark 'HOT MIX'. While the appellant argued that the mark had acquired distinctiveness, the High Court agreed with the trial court's initial finding that 'HOT MIX' is descriptive of the namkeen product. However, recognizing the need for justice, the Court directed the Trial Court to expedite the remaining proceedings and decide the suit promptly.
Purushottam Singhal Proprietor Ms. Prime Cable Industries v.Registrar Of Trade Marks & Anr.
The Delhi High Court addressed a dispute concerning the proper service of an objection notice related to a trademark application. The core issue was whether the appellant (Purushottam Singhal Proprietor Ms. Prime Cable Industries) actually received the notice sent by the Registrar of Trade Marks, who claimed it was delivered to their agent. Given the conflicting claims regarding service, the Court decided not to rule immediately.
Dr. Sapna Nangia v.The Assistant Controller Of Patents And Designs
Dr. Sapna Nangia appealed the rejection of her patent application for a device and process related to tactile feedback replicating breath hold. The Assistant Controller rejected the application, citing lack of inventive step based on prior art documents D1 and D2. The High Court found the impugned order perfunctory and unreasoned, quashing it and remanding the matter for fresh consideration.
Jainsons Lights Private Limited v.The Registrar Of Trade Marks
The Delhi High Court upheld the Trade Marks Registry's decision to refuse registration for 'Jainsons Lights,' finding it deceptively similar to an earlier mark, 'M/s Jainsons Lites.' The court determined that despite the appellant claiming historical use of the name 'Jainson' since 1978, their specific claim of user for the complete subject mark was only from 2014. Since this date is subsequent to the prior mark's established usage in 2005, the appellant could not invoke Section 34 of the Trade Marks Act to overcome the likelihood of public confusion.
Dabur India Limited v.Goodluck Ayurveda Private Limited
Dabur India Limited successfully secured a decree against Goodluck Ayurveda Private Limited regarding the infringement and passing off of its trademark 'HONITUS.' The dispute was amicably resolved through mediation, leading to a Settlement Agreement. Under this agreement, the Defendant acknowledged Dabur's rights, agreed to cease using the infringing packaging/label/trade dress, modified their product presentation, and paid Rs. 1,00,000/- to the Plaintiff.
Visage Beauty & Healthcare Pvt. Ltd. v.Herbal Carts & Ors.
The Delhi High Court issued several crucial interim orders in the trademark infringement suit, Visage Beauty & Healthcare vs Herbal Carts & Ors. The court directed Fashnear Technologies Pvt. Ltd., an e-commerce intermediary, to provide contact details of sellers listing infringing products on its platform. Furthermore, the court allowed the impleadment of a proposed defendant involved in alleged collusion and deferred the request by Facebook Inc. to modify existing interim injunction terms regarding 'similar' vs. 'identical' URLs.
Rusan Pharma Ltd v.Aumgen Pharma Llp & Ors
The case involved a settlement agreement between RUSAN PHARMA LTD and AUMGEN PHARMA LLP regarding patent infringement. The defendants agreed not to engage in activities infringing the plaintiff's patent.
Dr. Sapna Nangia v.The Assistant Controller Of Patents And Designs
Dr. Sapna Nangia appealed against an order from the Assistant Controller of Patents and Designs which found that her patent application lacked inventive step based on cited prior arts D1-D3. The appellant argued that the decision was non-reasoned, leading to a request for remand.
Umang Dairies Limited v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Umang Dairies Limited against the Registrar of Trade Marks' refusal of their device mark 'WHITE MAGIK'. The court found that while the word 'WHITE' might relate to milk products, the composite mark is suggestive rather than descriptive. Furthermore, the court determined that the subject mark was prima facie dissimilar from cited marks and noted that evidence of use had been on record but overlooked by the Examiner. Consequently, the refusal was set aside, and the registration process was directed to proceed.
Smithkline Beecham Limited v.Gskfinancial.Com & Ors.
In this Delhi High Court order, Smithkline Beecham Limited sought relief against rogue websites operating under similar domains like gskfinancial.com. The plaintiff alleged that these sites were fraudulently collecting money from the public while incorporating its corporate identity and trademarks (GSK). The court issued extensive interim directions, including permanent injunctions against trademark infringement, restraints on domain name registration, and specific orders to block access to fraudulent websites and freeze associated bank accounts.
Kanishk Sinha v.Union Of India And Another
The petitioner filed a review application challenging an earlier order. The core issue was whether his implicit challenge to the constitutional validity (vires) of Section 53 of the Patents Act, 1970, had been overlooked during the original proceedings.
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.
Inbrew Beverages Pvt. Ltd. v.Mount Shivalik Industries Ltd. & Anr.
Inbrew Beverages Pvt. Ltd. filed a petition seeking the removal of an identical trademark from the register, arguing that their own mark was already registered. The Delhi High Court found a prima facie case in favor of Inbrew but granted Mount Shivalik Industries Ltd. an opportunity to respond before making a final decision on the removal prayer. This interim order sets the stage for further litigation regarding trademark rights.
Landmark Crafts Private Limited v.Union Of India Through Its Secretary & Anr.
This order in Landmark Crafts Private Limited vs Union Of India concerns the rectification of Trademark No. 266607. The court noted that the matter was pending and scheduled it to be listed before the IP Division on March 2, 2023. This procedural step indicates the ongoing legal process aimed at correcting issues related to the registered trademark.
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.
Ttk Prestige Ltd v.K K And Company Delhi Pvt Ltd & Ors
Ttk Prestige Ltd filed a suit against K K And Company Delhi Pvt Ltd & Ors alleging trademark infringement and passing off concerning its registered brand 'PRESTIGE'. The court granted temporary relief, restraining Defendants No. 2 and 3 from manufacturing or selling products using the disputed mark until the next hearing date. This interim order protects the plaintiff's established market reputation while the full merits of the case are examined.
Laboratoires Expanscience v.Seagull Pharmaceuticals Pvt Ltd
The Delhi High Court allowed a petition filed by Laboratoires Expanscience seeking the rectification of the trademark register. The plaintiff argued that the defendant's registration of the word mark 'MUSTELA' in Class 5 (pharmaceutical preparations) infringed upon its own prior, registered rights in Class 3 (non-medicated skin care). Crucially, the respondent agreed to relinquish the mark and cooperate with its deletion. Consequently, the Court directed the removal of the impugned registration, rectifying the register accordingly.
Surender Kumar v.The Registrar Of Trademakrs
The Delhi High Court allowed Surender Kumar's appeal against the Registrar of Trademarks' decision to refuse registration for the mark 'CANON'. The court found that the Senior Examiner erred by disregarding a prior settlement decree, which explicitly permitted the use and registration of 'CANON' for the services applied for. Furthermore, the court dismissed objections regarding user date requirements as they were introduced after the application was filed. Consequently, the refusal order was set aside, and the Registry was directed to proceed with the mark's advertisement and registration.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.