IP Cases — 2023
1,360 decisions across all jurisdictions
Page 4 of 46 · 1,360 total
University College London v.Assistant Controller of Patents and Designs, Government of India
University College London appealed the rejection of its patent application for a 'COLONIC DRUG DELIVERY FORMULATION' by the Assistant Controller. The Controller rejected the application, citing lack of inventive step based on prior art documents D1 to D6. The High Court set aside the impugned order, finding that the Controller failed to engage with the appellant's specific arguments and remanded the matter for reconsideration.
Glaxosmithkline Biologicals Sa v.Controller General Of Patents And Designs And Anr
The High Court at Calcutta received the matter (OA/9/2017/PT/KOL) concerning Glaxosmithkline Biologicals Sa vs Controller General of Patents and Designs from the IPAB following the Tribunals Reform Act, 2021. The court directed the Commercial Appellate Division to issue notices and file a report before listing the matter for further hearing.
Burger King Company Llc v.Virendra Kumar Gupta & Anr.
The Delhi High Court affirmed the strong protection afforded to the 'BURGER KING' trademark, declaring it a well-known mark under the Trade Marks Act. The court relied on Burger King's extensive global presence, long history (since 1954), massive promotional spending, and established secondary meaning in India. This judgment reinforces that globally recognized brands can secure enhanced legal protection against unauthorized use by local operators.
Shabeer Ahmad Bhat v.Sushil Kumar Pathak
The Delhi High Court allowed an application filed by the petitioner seeking to correct a clerical error in a prior order. The correction involved changing the name of the entity receiving trademark assignments from 'Globiotech International' to 'M/s Glow Biotech Ltd', as stipulated in the underlying Memorandum of Understanding (MoU). This minor but crucial rectification ensures the court record accurately reflects the parties' agreement regarding the assignment of trademarks.
The Supreme Industries Ltd. v.Tandhan Polyplast Private Ltd.
This interim application concerns whether certain moulds/dyes are infringing material, despite the original patent having expired. The court considered the need for expert determination on this factual question.
Grasim Industries Limited v.Lenzing Ag & Anr.
Grasim Industries Limited filed a revocation petition against Patent no. IN 367685, granted to Lenzing AG for 'Fire-retardant cellulose fiber'. The court disposed of several interlocutory applications and initiated proceedings by issuing notice and setting timelines for filing the counter affidavit.
Janssen Pharmaceuticals Inc And Others v.Clevus Lifesciences and others
The plaintiffs, exclusive licensees of the patent holder for Indian Patent No. 232231, filed a suit alleging infringement by defendant No. 1 and others who were manufacturing and offering Canagliflozin tablets under brand names like Adkana. The court found a prima facie case in favor of the plaintiffs.
Honda Motor Co., Ltd. v.Assistant Controller of Patents and Designs, Government of India
Honda Motor Co., Ltd. filed a Transfer Civil Miscellaneous Appeal (Patent) challenging an order issued by the Assistant Controller of Patents and Designs concerning its patent application No. 3330/CHE/2011. The appellant subsequently informed the court that it intended to withdraw the appeal.
Corona Remedies Pvt. Ltd. v.Sujatha Manthri trading as Herald Healthcare
The Madras High Court allowed Corona Remedies' petition to rectify the Trade Marks Register, directing the removal of the mark 'B9' (No. 3281514) registered by Sujatha Manthri. The court found that the impugned mark was deceptively similar to the petitioner's established mark 'B29', especially considering both marks were used for pharmaceutical products. Given Corona Remedies' long history of use, significant sales turnover, and reputation, the court ruled in favor of removing the conflicting registration.
Pfizer Products Inc. v.R. Hanumantha Rao
Pfizer Products Inc. successfully petitioned the Madras High Court to expunge the registration of the trademark VECOREX (No. 980006) from the register. The court noted that the mark had not been renewed since December 29, 2020. Consequently, the court directed the Registrar of Trademarks to remove the entry within four weeks, effectively clearing the mark for potential use by the petitioner.
Panasonic Intellectual Property Management Co. Ltd. v.Deputy Controller of Patents and Designs, Government of India
Panasonic Intellectual Property appealed the Deputy Controller's order rejecting its patent application for a 'Washing Machine' due to lack of inventive step. The appellant argued that the rejection lacked detailed reasoning and cited foreign grants. The High Court found that the impugned order merely extracted prior art without engaging with the appellant's submissions, thus lacking reasons.
Sabhyasachi Gorai v.Aveenshi International Private Limited Anr.
The Delhi High Court allowed a joint application to modify a prior decree based on an amended settlement agreement. The core of the dispute involved the transfer of two key trademarks, LAVAASH and LAVAASH BY SABY, from Aveenshi International Private Limited to Sabhyasachi Gorai. The court formally accepted the terms of the new agreement, which finalized the assignment of the brands and stipulated mutual non-infringement and cooperation for registration.
Walter Bushnell Private Limited & Anr. v.Ramesh Juneja & Ors.
Walter Bushnell Private Limited filed a petition seeking contempt action against Ramesh Juneja and others for violating an Intellectual Property Appellate Board (IPAB) order. The IPAB had previously directed the removal of the trademark 'DROTIKIND' (Registration No. 1309918). Despite this directive, the respondent renewed the impugned trademark. Consequently, the Delhi High Court issued notice to the respondents, setting a date for their appearance and initiating proceedings related to the alleged violation.
Burger King Company Llc v.Virendra Kumar Gupta & Anr.
The Delhi High Court affirmed the strong protection afforded to the 'BURGER KING' trademark, declaring it a well-known mark under the Trade Marks Act. The court relied on Burger King's extensive global presence, long history (since 1954), massive promotional spending, and established secondary meaning in India. This judgment reinforces that globally recognized brands can secure enhanced legal protection against unauthorized use by local operators.
Tata Chemicals Limited v.The Assistant Controller Of Patents And Designs
The case was received by the Calcutta High Court from the Intellectual Property Appellate Board (IPAB) following the enactment of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue notices and file a report before setting the matter for further hearing.
Kamal Kumar & Ors. v.Jagteshwar Singh & Anr.
The Delhi High Court addressed an appeal filed by Kamal Kumar & Ors. against Jagteshwar Singh & Anr., which originated from a suit involving trademark and copyright infringement claims. The court noted that due to regulatory notifications, the matter needed specific handling within the IP division of the High Court. Consequently, the Registry was directed to re-register the appeal and schedule its hearing before the Intellectual Property Division on March 14, 2023.
M/S Arvind Medicare Pvt. Ltd. v.The Registrar Of Trade Marks, Delhi
The Delhi High Court allowed the appeal filed by M/S Arvind Medicare Pvt. Ltd. against the Trade Marks Registry's refusal of their word mark 'MIRACLES' for medical services (Class 44). The court recognized that due to continuous use since 2012, the mark had acquired distinctiveness and goodwill in the market. Consequently, the application was directed to proceed to the advertisement stage, allowing further scrutiny against existing marks.
Viridian Development Managers Private Limited & Anr. v.Rps Infrastructure Limited
The Delhi High Court issued interim directions against Rps Infrastructure Limited after a petition alleging trademark infringement concerning the 'World Trade Centre' brand in Faridabad. The court temporarily restrained the respondent from using the disputed trademarks on its projects, requiring immediate removal of the marks from all public materials and mandating disclosure to unit buyers that the developer holds no rights to the brands. While granting these protective measures, the Court deferred the adjudication of significant monetary claims (over Rs 31 crore) to the ongoing arbitration proceedings.
Gopal Krishan S/O. Sh. Mangat Rai v.The Registrar Of Trade Marks (Govt. Of India)
This writ petition was filed by Gopal Krishan seeking a direction from the High Court to expedite the registration of his trademark 'PANTHER' in Class 5. The petitioner highlighted that the application had been pending for an extended period since 2015. The court issued notices to the respondents, setting a timeline of six weeks for the matter to be returned, thereby moving the case forward.
Akzo Nobel Coatings International B.V. v.Ambience Limited And Anr
The Delhi High Court addressed a trademark dispute concerning the identical mark 'AMBIANCE'. After considering arguments regarding co-existence under Section 12 of the Trade Marks Act, 1999, the court ruled in favor of Akzo Nobel Coatings International B.V. The judgment directs the Registry not to consider Ambience Limited's existing application for 'AMBIANCE' in Class 02 when evaluating the petitioner's applications, thereby allowing both parties to use the mark concurrently on the register.
Patanjali Ayurved Ltd v.Meta Platforms Inc Ors & Ors.
The Delhi High Court heard an appeal filed by Patanjali Ayurved against a trial court order that had returned its trademark infringement suit, citing lack of jurisdiction. The appellant argued that the suit was not commercial in nature, despite the trial court's finding. The High Court found that the trial court failed to follow mandatory procedural requirements under the CPC when returning the plaint. Consequently, the appeal was allowed, and the parties were directed to present their case afresh before the Trial Court.
Sirona Hygiene Private Limited v.Parulben Navnath Chothani Trading As Shiv Enterprise & Ors.
The Delhi High Court recorded a settlement between the Plaintiff, Sirona Hygiene Private Limited, and Defendant No. 1 in a trademark infringement suit concerning its 'SIRONA' brand. The settlement acknowledged Sirona's rights in both its registered mark and product packaging copyright. As part of the agreement, the infringing party agreed to cease using similar marks like 'SIROMA' and paid Rs. 65,000/-. Consequently, the suit was decreed against Defendant No. 1, who was then deleted from the array of parties.
Balanced Body Inc. v.Yasmins Body Image Private Limited & Anr.
Balanced Body Inc., a U.S.-based company, filed suit against Yasmins Body Image Private Limited alleging infringement of its patents related to 'REFORMER EXERCISE APPARATUS' and 'ARM CORD SUPPORT RISERS'. The court examined evidence showing that the Defendant No.1 was operating gyms with machines clearly mapping on the Plaintiff's granted patents. Consequently, the Court issued directions for the Defendant No.1 to disclose the source and quantity of the alleged infringing equipment.
Yuvi Aspiring Pvt. Ltd. v.Manish Sharma And Anr
The Delhi High Court formally accepted a tripartite Memorandum of Understanding (MoU) between Yuvi Aspiring Pvt. Ltd., Manish Sharma, and Unifique Hospitality International Pvt. Ltd. The court decreed the suit based on this settlement, which involved the transfer of the registered trademark 'The Drunken Botanist' from Manish Sharma to the third party for a consideration of Rs. 5,00,000/-. Crucially, the settlement also included a waiver by the first party of all future claims related to the trademark.
Bcs S.P.A. v.The Controller of Patents and Designs, Government of India
Bcs S.P.A. appealed the Controller's decision rejecting its patent application for an 'Agricultural Driving Mechanism and Related Tool'. The appellant argued that the rejection order was unreasoned, merely reproducing extracts from prior art without proper analysis. The High Court agreed, finding the order bereft of reasoning, and set it aside.
United Biotech Private Limited v.Sun Pharma Laboratories Limited
The Madras High Court allowed United Biotech Private Limited's petition seeking the removal of the trade mark 'ONCONASE' (No. 447044) registered in favour of Sun Pharma Laboratories Limited. The court found that the mark had not been used since its registration, thereby satisfying the grounds for cancellation under Section 47 of the Trade Marks Act, 1999. Consequently, the Registrar was directed to remove the entry from the Register within four weeks.
XY LLC v.The Asst .Controller 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 April 2023.
Zydus Healthcare Limited v.Flipkart Internet Pvt Ltd & Ors.
The Delhi High Court addressed concerns raised by Zydus Healthcare regarding counterfeit goods sold on Flipkart. While acknowledging that e-commerce platforms have mechanisms in place, the court highlighted critical procedural flaws, particularly concerning seller onboarding, GST misuse, and product identification (FSN). The judgment mandates Flipkart to investigate these issues, provide specific documentation like bank details, and implement technical solutions to prevent genuine sellers from being unfairly de-listed.
Raj Kumar Sharma v.Sandeep Kumar & Anr.
The Delhi High Court addressed several interconnected trademark disputes concerning the 'Pizza Galleria' brand between Raj Kumar Sharma and Sandeep Kumar & Anr. The court first resolved a factual contradiction regarding an MoU, accepting that the date should be 25th March 2018 instead of 9th June 2021. Furthermore, all applications seeking a stay on trademark registrations were dismissed as withdrawn by the Petitioner. Despite these procedural steps, the Court noted significant gaps in documentation and directed Respondent No.1 to file a comprehensive additional affidavit within six weeks.
Dr.Reddy S Laboratories Ltd v.Ancalima Lifesciences Limited And Ors
The Delhi High Court addressed an application seeking to frame additional issues and consolidate a related trademark rectification petition into the ongoing passing off suit. The court noted that since the challenge to the defendant's trademark validity was already pending in a separate rectification case, there was no need to frame new issues in the current suit. Consequently, the court ordered the consolidation of the rectification petition with the present suit to ensure unified trial proceedings before the Joint Registrar.
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