IP Cases — 2023
1,360 decisions across all jurisdictions
Page 42 of 46 · 1,360 total
Jayshree & Company v.The State Of West Bengal & Ors
Jayshree & Company challenged a notice issued by respondents restricting the registration of their echo friendly e-rickshaws. The restriction was based on an order in a Title Suit where a fuel cell battery manufacturer alleged patent infringement. The court ruled in favor of the petitioner, directing authorities to grant registration provided the vehicles are distinct from those in the ongoing suit.
M/S Sharad Enterprises v.M/S Saboo Emery Stone Industries
The Rajasthan High Court dismissed the writ petition filed by M/S Sharad Enterprises, which sought to overturn a lower court's rejection of its plaint. The core dispute revolved around whether the respondent's trademark infringement suit was subject to mandatory pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015. The Court found that since the respondent had filed an application for temporary injunction and pleaded recurring business loss, the matter clearly contemplated urgency, thus exempting it from the strictures of Section 12-A.
Flipkart Internet Private Limited v.Godaddy Operating Company Llc & Ors.
The Delhi High Court addressed an appeal concerning the admissibility of a written statement in a trademark infringement suit involving domain names. The court clarified that in complex domain name disputes with numerous impleadments, the 120-day period for filing a written statement commences from the date the amended memo of parties is filed, not the initial notice date. Consequently, the court allowed the appeal and permitted the defendants' written statement to be taken on record after they paid a stipulated fee.
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.
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'.
Guangdong OPPO Mobile Telecommunications Corp. Ltd. v.Panasonic Holdings Corporation
In a procedural matter concerning the expedition of an appeal, the UPC Court of Appeal denied the request made by Guangdong OPPO Mobile Telecommunications Corp. Ltd. The core issue was whether to shorten the time period for the Respondent's Statement of response. The court emphasized principles of proportionality and due process, concluding that granting the expedited timeline would prejudice the Respondent's right to adequate preparation time. This decision highlights the Court's commitment to procedural fairness over merely accommodating a party's urgency.
Manohar Singh v.Shyam Singh
Manohar Singh filed a civil suit against Shyam Singh and others, alleging infringement of his registered trade marks ('Singh') and associated copyrights in connection with mehandi products. The plaintiff sought permanent injunctions against the use of deceptively similar marks like 'Raju Singh' and 'Ram Singh'. However, due to the plaintiff's lack of cooperation in recording oral evidence over the years, the court ultimately dismissed the suit for non-prosecution.
Shri Dhruv Gupta v.M/S Ujala Aquatech India Private Limited
The Delhi High Court addressed a suit filed by Shri Dhruv Gupta against M/S Ujala Aquatech India Private Limited concerning the trademark 'UJALA'. The Plaintiff seeks permanent injunctions for alleged infringement, passing off, and dilution. Given that the original owner of the mark is under insolvency proceedings (NCLT), the court deemed it necessary to issue notice to the Resolution Professional (RP) to ascertain their position before proceeding with the case.
ashok kumar sethi v.amazon technologies inc
Ashok Kumar Sethi and another sued Amazon Technologies Inc. for copyright infringement and passing off related to Henna Hair Colour products sold via Amazon's internet platform, alleging the use of identical labels 'Black Gold and Amin's'. The plaintiffs claimed significant advertising costs and a long-standing business presence under the trademark since 1993.
Harsh Vardhan v.Alna Biotech Pvt Limited & Anr.
The Delhi High Court allowed a petition filed by Harsh Vardhan seeking rectification of the trademark register. The court directed the Registrar of Trademarks to forthwith cancel the 'GLAMROOT' mark, which was registered in favor of Respondent 1 (Alna Biotech Pvt Limited). This decision effectively removed the disputed mark from the registry.
World Of God Fellowship Inc./d/b/a/Daystar Television Network v.Daystar Television Network India Pvt. Ltd.; Registrar of Trademarks, Trademarks Registry, Chennai
The Madras High Court dismissed a petition seeking the removal and rectification of the trademark 'DAYSTAR TELEVISION NETWORK' from the register. The petitioners argued that the first respondent company had been struck off the Register of Companies and that the impugned trademark ceased to be valid after June 25, 2017. Given these developments, the court found the petition to be infructuous.
Indian Institute of Technology Madras v.The Controller of Patents and Designs
The Indian Institute of Technology Madras filed a Transfer Civil Miscellaneous Appeal challenging an order passed by The Controller of Patents and Designs regarding the renewal application for its Patent No. 2007637. However, the appellant subsequently instructed counsel to withdraw the appeal.
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.
M/S Bhagwan Dass Khanna Jewellers v.Bhagwan Das Khanna Jewellers Pvt. Ltd & Ors.
In this trademark infringement suit, the Plaintiff sought to strike out two specific issues related to a partnership deed. The Plaintiff argued that since the Defendants had not raised any counterclaims or filed a declaration suit concerning the partnership structure, these issues were irrelevant to the core controversy of trademark infringement. The Court directed the Defendants to file a reply within four weeks and subsequently a rejoinder, keeping the litigation moving forward.
T.A.S. Safraj Khan (USI Traders) v.S.A.Safiullah and The Controller of Patents
The petitioner filed a petition seeking the revocation of Patent No. 198079, which was granted to S.A.Safiullah by The Controller of Patents. However, the respondent submitted that the term of the patent had already expired, rendering the matter infructuous.
Largan Precision Co Ltd v.Motorola Mobility India Pvt Ltd & Ors.
The court addressed several interlocutory applications and noted that the Defendant Nos. 1 & 2 had filed a counterclaim under Section 64(1) of the Patents Act, 1970, seeking revocation of the Plaintiff's patent IN 363203.
Atomberg Technologies Private Limited v.Jogaram Sirvi And Ors.
The Bombay High Court ruled in favor of Atomberg Technologies Private Limited, granting permanent injunctions against the defendants for trademark infringement. Crucially, the court affirmed that the 'ATOMBERG' brand qualifies as a well-known trademark across all classes of goods and services. This landmark decision reinforces the high level of protection afforded to coined and inherently distinctive marks with established national reputation.
Microsoft Technology Licensing, LLC v.The Assistant Controller Of Patents And Designs
Microsoft challenged the Assistant Controller's decision rejecting its patent application for a network authentication system under Section 3(k) of the Patent Act, arguing that the invention provided a genuine technical solution to security problems. The Delhi High Court set aside the rejection based on the flawed interpretation of 'computer program per se,' emphasizing that an algorithm should not be automatically excluded if it offers a tangible technical contribution. Consequently, the matter was remanded back to the Controller for re-examination regarding novelty and inventive step.
A.D.Padmasingh Isaac (Trading as Aachi Spices and Foods) v.V.Senthil Kumar & The Registrar of Trademarks
This Madras High Court judgment addressed a complex dispute involving trade mark infringement and rectification petitions between Aachi Spices and Foods and V.Senthil Kumar. The parties ultimately reached a comprehensive settlement, formalized through a Memorandum of Compromise dated August 31, 2023. Consequently, the court decreed the civil suit by granting a permanent injunction against the defendant's use of similar marks, while simultaneously directing the Registrar of Trademarks to cancel and rectify the disputed registrations held by the respondent.
Microsoft Technology Licensing, Llc v.Assistant Controller Of Patents And Designs
Microsoft Technology Licensing, Llc appealed a decision by the Assistant Controller of Patents and Designs that refused its application for patent (No. 3304/DEL/2005). The refusal was based on Section 3(k) of the Patents Act, 1970, which prohibits patents for computer programs. Microsoft argued that the reliance on outdated guidelines was incorrect and cited prior court views supporting patentability.
Vennila Clothing Company v.M/s.Arrs Silks
Vennila Clothing Company filed a suit against M/s.Arrs Silks alleging infringement of its registered trademarks ('RAMRAJ'/'RAJARAM') and copyright over its trade dress in the textile industry. The core dispute centered on the unauthorized use of deceptively similar labels by the defendants, leading to claims for injunction, damages, and account of profits. Ultimately, both parties reached a settlement via a Joint Memorandum of Compromise (MOC).
Bennet, Coleman And Company Limited v.Fashion One Television Llc and The Registrar of Trademarks
The Delhi High Court ruled in favor of Bennet, Coleman And Company Limited, quashing the trademark registrations held by Fashion One Television Llc. The court found that the respondent's mark infringed upon the petitioner's established 'NOW'-centric family of marks (such as TIMES NOW and ET NOW) because both operate within the same Class 38 for broadcasting services. The judgment emphasized that a viewer would likely associate the impugned mark with the petitioner’s repertoire, establishing a subsisting interest in the common element 'NOW'.
Ankit Aggarwal Proprietor Of M/S Vepson Engineers v.Gupta Casting Pvt. Ltd.
The Delhi High Court allowed petitions filed by Ankit Aggarwal to cancel two trademark registrations held by Gupta Casting Pvt. Ltd. The court found that the respondent's marks were confusingly similar to the petitioner's prior and well-established mark, 'JAI KISAN,' used since 1985 in agricultural implements. Furthermore, the respondent failed to demonstrate genuine use of their registered marks for a continuous period of five years, leading the court to remove them from the Register under Section 47 of the Trade Mark Act.
M/s.Sree Krishna Pipes v.M/s.Premier PVC Industry
The Madras High Court allowed M/s. Sree Krishna Pipes' petition, directing the removal of a conflicting trademark registration (No. 1120546) held by M/s. Premier PVC Industry. The court found that despite minor spelling differences ('PREMIER' vs 'Preemier'), both marks were used for identical goods—PVC pipes—and their near-identical nature was highly likely to cause confusion and deception among consumers. This ruling reinforces the principle of preventing consumer confusion in trademark law, even when slight variations exist.
R X Infotech Private Limited v.Jalpa Rajesh Kumar Jain
The Delhi High Court dismissed a defendant's application seeking to reject the plaint on grounds of lack of territorial jurisdiction. The court held that even if the suit was primarily based on Section 134 of the Trade Marks Act, the general provisions of Section 20 of the CPC allow for jurisdiction where any part of the cause of action arose. Specifically, the court found that online transactions related to the defendant's website could reasonably be considered to have occurred within Delhi, thus validating the plaintiff's choice of forum.
The Regents of the University of California and Anr v.Controller General of Patents and Designs and Anr
This Original Application (OA) 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 setting the matter for hearing.
Mex Switchgears Pvt Ltd v.Twinkle Luminaires Pvt Ltd And Anr
The Delhi High Court issued orders in two connected trademark appeal matters, C.A.(COMM.IPD-TM) 140/2021 and C.A.(COMM.IPD-TM) 92/2022. In both cases, the court addressed procedural issues regarding service of documents, specifically the counterstatement filed by the respondents. The appellant argued that they were never properly served with these crucial documents. Consequently, the Court granted time for both parties to place their respective evidence on record and scheduled further hearings in January 2024.
Hindustan Unilever Limited v.Pradeep Dhidaria
Hindustan Unilever Limited filed an Interim Application against Pradeep Dhidaria alleging that the latter had slavishly copied the original artistic work featured on the Plaintiff's product packaging. The court examined the resemblance, noting similarities in elements like the starburst and globe depiction used on the rival product's trademark 'MASTER'. Based on this prima facie finding of copying and subsisting copyright, the court continued the ex-parte ad-interim relief granted earlier.
Crocs Inc.Usa v.Aquallite India Limited And Anr.
The plaintiff alleged infringement of the design of its footwear, known as the 'CROCS DESIGN'. The design registration was cancelled due to lack of novelty and prior publication.
M/S Prakash Industries Ltd. v.The Registrar Of Trade Mark & Ors.
The Delhi High Court addressed a contempt case involving M/S Prakash Industries Ltd. against the Registrar of Trade Marks concerning two specific trademark registrations. The court noted that one mark (No. 1800087) had been removed by the registry, while another (No. 1800086) was stated to have been abandoned. The court granted time for the respondents to file their replies and rejoinders, setting a future date for consideration.
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