IP Cases — 2023
1,252 decisions across all jurisdictions
Page 39 of 42 · 1,252 total
The Capital Group Companies, Inc v.Ashok Kumar & Ors
The Delhi High Court addressed a request by an intermediary (Defendant No. 11) seeking to modify its obligations under trademark infringement proceedings involving 'CAPITAL ONE.' The Court rejected the plea for extended compliance time, emphasizing that due to the nature of the case—which involves fraudulent ponzi/pyramid schemes proliferating on social media like Telegram—swift action is imperative. Consequently, the court reinforced the existing order, mandating Defendant No. 11 to take down infringing accounts within 72 working hours upon receiving a complaint from the Plaintiff.
National Institute of Fashion Technology (NIFT) v.Mc. GAN's Ooty School of Architecture
NIFT filed an arbitration petition challenging an award that favored Mc. Gan's Ooty School of Architecture (Respondent No.1). The dispute centered on Respondent No.1 allegedly violating the MOU by using NIFT's name and logo to solicit students, leading to termination. The court upheld the arbitrator's award, dismissing NIFT's petition.
Green Cross Holdings Corporation v.The Controller of Patents and Designs, Government of India
Green Cross Holdings Corporation appealed the order dated 02.02.2023 by the Controller of Patents and Designs which rejected its patent application for a method of preparing Plasma-derived Hepatitis B Human Immunoglobulin Agent. The appellant argued that all objections were addressed, but the rejection was arbitrary. The High Court found that the respondent failed to discuss the prior arts or provide justifiable reasons for rejecting the inventive step.
Jagdamba Vegetable Products Pvt. Ltd. v.The Registrar Of Trade Marks (Govt. Of India)
Jagdamba Vegetable Products Pvt. Ltd. filed a writ petition seeking intervention regarding its long-pending trademark registration application for 'SUPER POSTMAN' in Class 29. The petitioner argued that the application had been awaiting decision by the Registrar of Trade Marks for over nineteen years. The Rajasthan High Court addressed this delay, issuing an order directing the Respondent to decide the pending application within a strict period of eight weeks.
Shamrock Geoscience Ltd & Anr. v.Timab NL B.V. / Kaba Infratech Pvt Ltd
In a significant settlement, the Delhi High Court accepted assurances from Shamrock Geoscience Ltd. that they would cease using the disputed mark 'GeoCrete,' replacing it with 'Alpave.' The company agreed to withdraw its existing trademark registration (TM No.3392787) and all related pending applications within four weeks. This resolution effectively settled the core trademark dispute between Shamrock Geoscience and Timab NL B.V./Kaba Infratech, allowing both parties to move forward while leaving technical know-how claims open for separate litigation.
JFE Steel Corporation v.Assistant Controller Of Patents and Designs and Anr.
The matter 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 its Commercial Appellate Division to issue notices and file a report before listing the case in March 2023.
Maruishi Pharmaceutical Co Ltd v.Deputy Controller Of Patents and Designs (Hearing Officer) and Anr
The case was received by the Calcutta High Court upon transfer from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report before listing the matter for March 2023.
Glaxosmithkline Llc v.Controller General Of Patents And Designs And Anr.
The case was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report before listing the matter in March 2023.
Quality Tools Srl v.The Controller General Of Patents and Designs And Anr.
The case was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue necessary notices and file a report before listing the matter in March 2023.
Shroff Geeta v.Asst. Controller Of Patents And Design
The matter (OA/10/2019/Pt/Kol) was received by the Calcutta High Court upon transfer from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report.
JW Pharmaceutical Corporation (Formerly Choongwae Pharma Corporation) v.Controller General of Patent 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 and file a report before listing the matter in March 2023.
Seagull Pharmaceuticals Pvt. Ltd. v.Uni-Pex Pharmaceuticals Pvt. Ltd. & Anr
In this trademark dispute before the Delhi High Court, the Defendants successfully moved an application to expedite the proceedings. The court allowed the request for early hearing on applications concerning interim injunctions and the preliminary issue regarding the invalidity of the Plaintiff's trademark registration. Consequently, the next hearing date was rescheduled.
Western Smart Bins (J.V.) v.Sotkon Sp Slu
The plaintiff filed a suit for permanent injunction against the defendants for infringing its registered patent and copyright. The court upheld the injunction against the defendants for continuing their infringing activities.
Prasad v.The Controller Of Patents and Design, Kolkata and Anr
The case was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue notices and file a report before listing the matter in March 2023.
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.
Sanofi - Aventis v.Controller General Of Patents, Designs and Trademarks And Anr.
This case involves Sanofi - Aventis challenging decisions related to its patent application (OA/11/2019/Pt/Kol). The matter was transferred from the Intellectual Property Appellate Board (IPAB) following the implementation of the Tribunals Reform Act, 2021. The Calcutta High Court directed the Commercial Appellate Division to issue necessary notices and file a report before proceeding with the hearing.
Vicuron Pharmaceuticals, Inc v.Controller General of Patents and Designs and Anr
This matter was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report before listing the case in March 2023.
Tata Global Beverages Limited v.Assistant Controller Of Patents And Designs and Anr
The Calcutta High Court received the matter (OA/11/2016/PT/KOL) on transfer from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court directed the Department to issue notices and file a report.
Novartis Ag v.Natco Pharma Limited
The court disposed of several interlocutory applications (I.A.) in the patent dispute between Novartis Ag and Natco Pharma Limited. The defendant withdrew its counter claim seeking invalidity of the suit patent, and the court allowed the defendant to file additional documents after imposing conditions.
LOS ANGELES BIOMEDICAL RESEARCH INSTITUTE v.THE ASSISTANT CONTROLLER OF PATENTS AND DESIGNS
The case was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue notices and file a report before listing the matter for March 2023.
BASF SE v.Dy. Controller Of Patents and Designs, Kolkata
The matter was received by the High Court at Calcutta upon transfer from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report before listing the matter.
Usg Interiors Llc v.Deputy Controller Of Patents And Designs
The case was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court noted that no counsel appeared and directed the Commercial Appellate Division to issue notices before setting a returnable date.
Asha Nutrition Sciences Inc v.The Asst. Controller Of Patents And Designs
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 and file a report before listing the matter in March 2023.
United Coffee House v.Raghav Kalra
The Delhi High Court allowed the appeal filed by United Coffee House, leading to the cancellation of a nearly identical mark registered by Raghav Kalra. The court found that the respondent's registration was ex-facie dishonest because it failed to disclose his partnership interest in the petitioner's firm during the application process. This decision reinforces the principle that prior use and established goodwill outweigh subsequent registrations made in bad faith.
Novartis Ag v.Synokem Pharmaceuticals Limited
Novartis filed a suit alleging that Synokem infringed Indian Patent IN 229051, which covered a pharmaceutical composition of Valsartan and Sacubitril. The court noted that the patent had expired on January 16, 2023, rendering the dispute infructuous.
Kalpesh Manubhai Ramoliya v.Controller Of Patents And Designs & Anr.
The petitioner filed an application seeking a direction from the Calcutta High Court for the expeditious disposal of proceedings related to the cancellation of registered design no. 324986-016. The petitioner contended that despite filing the cancellation request in November 2021, the Controller had failed to proceed with the hearing, causing undue prejudice and loss.
Kalpesh Manubhai Ramoliya v.Controller Of Patents And Designs & Anr.
The petitioner filed an application seeking direction for the expeditious disposal of proceedings for cancellation of a registered design (No. 324986-017). The petitioner contended that despite filing the cancellation application in November 2021, the Controller had failed to proceed with the hearing, causing undue prejudice and loss.
Global Car Group Ltd. v.Vienna It Solutions Pvt. Ltd.
Global Car Group Ltd. successfully secured an ex parte ad interim injunction against Vienna It Solutions Pvt. Ltd. in the Delhi High Court. The plaintiffs alleged that the defendant registered the domain name 'www.cars24.in' and used a deceptively similar mark, infringing upon their well-known trademark 'Cars24'. Given the prima facie case made out, the court granted immediate relief, restraining the defendant from using the mark and ordering the takedown of the associated dummy website.
Capital Foods Private Limited v.Radiant Indus Chem Pvt. Ltd.
The Delhi High Court heard an appeal challenging a single judge's refusal to grant an interim injunction against the use of the mark 'SCHEZWAN CHUTNEY'. The court found prima facie evidence suggesting that the respondent copied not only the registered trademark but also the stylization, color combination, get-up, and trade dress from the appellant. Despite arguments regarding descriptiveness and genericness, the High Court concluded that the appellant's mark had acquired secondary significance due to substantial sales and promotional investment, leading it to issue notice and stay the lower court's adverse findings.
Calvin Klein Trademark Trust & Anr. v.M/S. R.J Enterprises & Ors.
In a trademark infringement suit brought by Calvin Klein Trademark Trust against M/S. R.J Enterprises, the Delhi High Court facilitated a potential settlement pathway. The court noted that Defendant No. 1 offered an undertaking to cease using the disputed marks if the Plaintiff waived their claim for damages. The Plaintiff agreed to this condition provided the Defendant paid INR 75,000/- towards local commission charges. This order sets the stage for further negotiation and resolution of the dispute.
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