IP Cases — 2023
1,360 decisions across all jurisdictions
Page 37 of 46 · 1,360 total
Shiv Nadar Foundation v.The Registrar Of Trade Marks
The Delhi High Court allowed Shiv Nadar Foundation's appeal against the Registrar of Trade Marks' refusal to register its device mark. The court held that because the mark is composite—combining a graphic representation with the institution's name and the word 'SHIKSHA'—it cannot be deemed descriptive in isolation. Consequently, the refusal order was set aside, allowing the application to proceed for advertisement, provided the Appellant agrees not to claim exclusive rights over the common term 'SHIKSHA'.
Ht Media Limited & Anr. v.Brainlink International, Inc. & Anr.
In a dispute concerning the domain name www.hindustan.com, the Delhi High Court facilitated a settlement between Ht Media Limited and Brainlink International. The court suggested that if the defendants agree to pay an agreed lump sum in costs, they will withdraw all oppositions filed against the plaintiff's trademarks and also drop their suit in the USA. This arrangement aims to bring a definitive end to the ongoing disputes between both parties.
Sorting Hat Technologies Private Limited v.M/s.PGR E-Commerce Private Limited; The Registrar Trade Marks Registry
The Madras High Court dismissed the Transfer Original Petitions filed by Sorting Hat Technologies seeking rectification of several registered trademarks. The dismissal was not based on the merits of the case, but rather due to the Registry's inability to successfully serve notice to the petitioner at the provided address. Crucially, the court allowed the petitioner the right to revive the petitions, ensuring that procedural hurdles do not permanently bar their legal claims.
UPL Limited v.Triveni Chemicals And Industries Ltd. & Anr.
UPL Limited filed a suit alleging that Triveni Chemicals And Industries Ltd. was manufacturing and selling a product containing the composition protected by UPL's Indian Patent No. IN 428514. The court registered the plaint as a suit, issued summons to the defendants, and directed parties to file pleadings and respond to the interlocutory injunction application.
Guangzhou Liwei Electronics Co.Ltd v.Rakesh P.Jain
The Madras High Court dismissed the Original Petition (Trademarks) filed by Guangzhou Liwei Electronics Co.Ltd against Rakesh P.Jain and the Trade Marks Registry. The petition sought the rectification and cancellation of the trade mark 'BLUEDIO' registered under No.2245731 in Class 09. However, the petitioner subsequently filed a memo instructing the court to withdraw the entire petition, leading to its dismissal without any order as to costs.
Wynk Limited v.Ec Media (International) Pvt. Ltd.
In a significant ruling, the Madras High Court disposed of a petition filed by Wynk Limited seeking the cancellation of an infringing mark registered under No.2020253. The court noted that the registration had lapsed and was not renewed after September 8, 2020. Consequently, the court directed the Registrar of Trademarks to remove the defunct trademark from the register within two weeks, effectively resolving the dispute in favor of Wynk Limited.
Krbl Limited v.Vikram Roller Flour Mills Limited
The Delhi High Court addressed an appeal challenging the denial of interim injunction regarding the trademark 'INDIA GATE'. The court analyzed a prior consent order between the parties, which restricted usage based on product type and packaging size. While acknowledging the Appellant's claim as a well-known mark, the court ruled that if the Respondent's right to use 'dalia' flows from its existing rights for wheat products (atta, suji, etc.), it must adhere to the B2B/bulk sales restriction of 20 kgs and above. This interim order maintains the status quo while the core dispute over prior user rights remains sub-judice.
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.
V.V.Chandran v.Atco Udyog
The petitioner challenged an order passed by the District Court concerning a counter claim for revocation of a patent. The court held that the matter falls under the exclusive original jurisdiction of the High Court, but dismissed the petition because it was not suitable for admission at that stage.
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.
Produits Petroliers Organisation S.A.S. v.Narendra Kumar Gupta
The Madras High Court dismissed a petition filed by Produits Petroliers Organisation S.A.S. seeking the cancellation of the trademark 'KENNOL.' The court noted that the mark had been deemed abandoned because the first respondent failed to file a counter statement in response to the petitioner's opposition notice. Consequently, the original legal challenge became moot.
Wrangler Apparel Corporation v.H.S. Kishori Lal & Ors.
The Delhi High Court addressed a request to stay a trademark infringement suit while separate rectification petitions questioning the validity of the trademarks were pending. Citing recent legal precedents, particularly following the Tribunals Reforms Act, 2021, the court ruled that there is no need to stay the civil suit. Instead, it ordered the consolidation of the main suit and all related rectification petitions to be tried together before the High Court.
Sanjeev Juneja v.Imaamuddin Khan And Anr
Sanjeev Juneja filed a petition seeking the cancellation of the trademark 'Dr. Ortho' registered by Imaamuddin Khan. The petitioner argued that his established use of the identical mark in orthopaedic goods (Class 10) would be violated by the respondent's registration for textiles and mattresses (Class 24). Despite the class difference, the court found the petitioner prima facie aggrieved and issued notice to the respondents, setting the matter for detailed arguments.
M/s.Biodelivery Sciences International, Inc. v.M/s.Deputy Controller of Patents and Designs, Government of India, Patent Office
M/s.Biodelivery Sciences International, Inc. filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier order from the Deputy Controller of Patents and Designs. The appellant subsequently instructed their counsel to withdraw the appeal.
Alpha Corp Development Private Limited v.Alpha Integrated Management Services Pvt. Ltd.
The Delhi High Court allowed a rectification petition filed by Alpha Corp Development Private Limited against a deceptively similar trademark registered by its former employees' company, Alpha Integrated Management Services Pvt. Ltd. The court found that the impugned mark was identical and confusingly similar to the petitioner's established 'ALPHA' brand in real estate services. Given the respondent's dishonest adoption of the mark to ride on the petitioner's goodwill, the High Court ordered the cancellation of the infringing trademark registration.
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.
Ttk Prestige Ltd v.Kcm Appliances Private Limited
Ttk Prestige Ltd filed a suit alleging piracy of its registered design for a pressure cooker. The core dispute centered on whether the unique, anti-spillage lid design was protectable and if Kcm Appliances Private Limited had copied this feature. The court found that the challenge to the registration's validity lacked substance and concluded that the defendant's product prima facie infringed the plaintiff's registered design.
Rigo Trading S.A.Societe Anonyme v.Unigum Gida Maddeleri Sanayi Ticaret Anonim Sirketi; The Deputy Registrar of Trade Marks, Trade Mark Registry Chennai
The Madras High Court dismissed a petition filed by Rigo Trading S.A.Societe Anonyme seeking to expunge the device mark 'BLOX' (Registration No. 1706420) from the register. The court noted that the trade mark's last registration was valid only until July 3, 2018. Since the statutory long stop date for renewal had expired, the petition was deemed infructuous and dismissed without further order.
Centaur Pharmaceuticals Private Limited v.Sai Mirra Innopharm Private Limited; The Registrar of Trade Marks
The Madras High Court dismissed a petition filed by Centaur Pharmaceuticals seeking the rectification or removal of Trade Mark No. 1409666 from the register. The court found that the trade mark's last valid registration expired long ago, specifically on December 28, 2015. Since the renewal period had lapsed and the petition was based on rectifying an active registration, the court held the case to be infructuous.
Microsoft Corporation v.The Assistant Controller Of Patents And Designs
Microsoft Corporation appealed the Assistant Controller's order rejecting its patent application (No. 487/DELNP/2006). The rejection was based on vague grounds, including failure to adhere to a non-defined 'method step format' and falling under Section 3(k) as an algorithm-based invention. The High Court found the Controller's reasoning lacking focus and unsustainable.
The Coca-Cola Company v.The Controller Of Patents & Anr.
The Coca-Cola Company filed an appeal challenging the Controller of Patents' decision to reject a patent application concerning 'BIO-BASED POLYETHYLENE TEREPHTHALATE POLYMER AND METHOD OF MAKING THE SAME'. The appellant argues that all grounds for patentability were satisfied, despite the rejection based on lack of inventive step and insufficient disclosure. The court allowed applications for exemption from filing documents and condoned delay in filing the appeal.
M/S Natures Magic World v.The Registrar Of Trademarks & Anr
M/S Natures Magic World filed a writ petition seeking the Trademark Registry's direction to formally record an Assignment Deed dated February 17, 2016. The petitioner sought to establish ownership of the mark 'COLORESSENCE' (TM No. 1541613) following its assignment from M/s Nature Essence Pvt. Ltd. Despite the existence of the valid assignment deed, the recordal had not been given effect due to administrative confusion stemming from a subsequent name change of the original owner. The Court directed further hearings to resolve these procedural issues and ensure the assignment is duly recorded.
M/s.White House (Partnership Firm) v.White House Apparels Private Limited & The Registrar of Trade Marks
The Madras High Court dismissed multiple petitions filed by M/s. White House seeking the removal of several registered trademarks belonging to its competitor, White House Apparels Private Limited. The petitioner argued they were a prior user of the 'WHITE HOUSE' mark since 1963, relying heavily on historical turnover and export documents. However, the Court found that the petitioner failed to provide sufficient evidence demonstrating continuous use or application of the mark to goods until much later (around 2015), concluding that the respondent's prior registration rights were valid.
Corza International And Ors v.Future Bath Products Pvt Ltd And Anr
The Delhi High Court upheld an interim injunction favoring the plaintiff in a trademark dispute concerning the marks 'CORZA' and 'CORSA'. Despite arguments from the appellants regarding geographical limitations and product differences, the court found prima facie phonetic, structural, and visual similarity between the two marks. The judgment reinforces that registered proprietors can sue other registered proprietors for deceptive similarity, even if they are both registered owners.
Gsp Crop Science Private Limited v.Fmc Agro Singapore Pte Ltd. & Ors.
GSP Crop Science Private Limited filed a revocation petition challenging the validity of Indian patent no. 298645 (IN645) granted to FMC Agro Singapore Pte Ltd. The petitioner argued that IN645 is invalid because its main patent has expired and it suffers from anticipation by prior claims.
Ace Technologies Corp & Ors. v.Communication Components Antenna Inc.
This appeal challenged an interim injunction granted by the Delhi High Court, which restrained Ace Technologies Corp from manufacturing and selling antennae due to alleged infringement of Patent IN240893. The respondent claimed its patent covered a novel asymmetrical beam pattern for fixed antennas used in cellular networks. While the court found no grounds to interfere with the core interim relief, it modified the financial compliance terms, allowing the respondents to deposit a bank guarantee instead of cash.
Major League Baseball Properties Inv. v.Registrar Of Trade Marks, Trade Marks Registry, Delhi
Major League Baseball Properties Inc. appealed the Registrar's decision that their opposition against the 'BLUE-JAY' trademark application was abandoned due to procedural delays in filing evidence. While the initial rejection was based purely on technical grounds, the Delhi High Court allowed MLBP to pursue its substantive claims. The court disposed of the appeal but permitted MLBP to file a cancellation petition, ensuring the merits of their opposition would be considered.
Sweeton Foods Pvt Ltd v.M/S Grv Conferectionery And Foods
Sweeton Foods Pvt Ltd filed a petition seeking the cancellation of a copyright held by M/S Grv Conferectionery And Foods for the label 'KARTIER GOLD 24 CARAT SWISS MILK CHOCO'. This action stemmed from an earlier civil suit regarding trademark infringement. The court found that since the respondent had undertaken in a settlement decree to withdraw and cancel the registration, the petition was allowed.
Dr Reddys Laboratories Limited v.Jubilant Generics Limited And Anr
Dr. Reddy's Laboratories filed a suit seeking an injunction against Jubilant Generics for allegedly infringing on its trademark 'RAZO' with the mark 'RAZOEASE'. Following the filing, the Defendant proactively acknowledged an inadvertent mistake and issued assurances to immediately cease all manufacture and sale under the disputed mark. The court accepted these undertakings, leading to the disposal of the injunction application and directing the parties to file consent terms for closure.
Solera Holdings, Inc. v.Solera Networks Inc.
The Madras High Court dismissed a petition filed by Solera Holdings, Inc. seeking the cancellation of Trademark No. 1795016 registered in the name of Solera Networks Inc. The court noted that the trademark registration had already expired on March 13, 2019. Consequently, since the mark was no longer valid, the petition became infructuous and was dismissed without any order regarding costs.
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