IP Cases — 2023
1,360 decisions across all jurisdictions
Page 46 of 46 · 1,360 total
Sun Pharma Laboratories Ltd v.Nuberg Pharmaceuticals Pvt. Ltd.
Sun Pharma and Nuberg Pharmaceuticals reached a full settlement in their commercial IP dispute before the Delhi High Court. The court formally decreed the suit based on the agreed-upon terms, which included significant concessions from both parties. Furthermore, the judgment mandated that Respondent No. 2 remove a specific trademark entry (No. 3797651) from the Register of Trademarks within six weeks.
Bolt Technology Ou v.Ujoy Technology Private Limited & Anr.
The Delhi High Court found the defendants guilty of contumacious and willful disobedience regarding a previous court order dated November 23, 2022. The original order had clearly prohibited the defendants from using their standalone mark 'BOLT' and an earlier logo, allowing only for future expansion under a modified mark ('BOLT.EARTH'). Despite this categorical direction, the defendants continued to use the proscribed marks. Consequently, the court held them in contempt and scheduled a hearing to determine the appropriate sentence.
Intex Technologies (India) Ltd v.Telefonaktiebolaget L M Ericsson (Pub)
This Delhi High Court judgment addressed cross-appeals concerning the validity and infringement of Standard Essential Patents (SEPs) related to telecom technology. The court affirmed that Ericsson's patents were prima facie essential and infringed, finding Intex to be an unwilling licensee. Despite arguments regarding SEPs being unknown in Indian law, the court upheld the necessity of FRAND compliance to ensure parity with global implementers.
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.
Honeywell International Inc. v.The Controller General Of Patents, Designs And Trademarks and Anr.
Honeywell International Inc. filed an appeal challenging the decision of the Joint Controller of Patents and Designs, which had declined its patent application under Section 3(k) of the Patents Act, 1970. The appellant argued that the decline order was non-reasoned and inconsistent with previous judicial decisions. The Delhi High Court issued directions to both parties to file detailed submissions, brief notes, and relevant documentation before proceeding with the appeal.
Star Sintered Products Ltd. v.Karan Bhutani
The Delhi High Court addressed an application related to trademark rectification between Star Sintered Products Ltd. and Karan Bhutani. The court noted that the defendant had withdrawn earlier applications seeking objections or rectification against the plaintiffs' trademarks. Consequently, the status of the plaintiff's marks was updated in the Registrar's records, removing references to prior objections. As a result, one specific interlocutory application (I.A. 2301/2021) was disposed of, while the court scheduled further hearings to consider the plaintiffs' claim for damages and other pending matters.
M/S Eureka Forbes Limited v.Vaibhav Agro Industries
The Delhi High Court ruled in favor of Eureka Forbes Limited, granting a permanent and mandatory injunction against Vaibhav Agro Industries for trademark infringement. The court found that the Defendant's use of 'AquaSure' on packaged drinking water was deceptively similar to the Plaintiff's registered trademarks. While the claim for copyright infringement failed due to lack of similarity in artistic works, the core trademark infringement suit was successfully decreed.
Modi Naturals Limited v.The Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Modi Naturals Limited against the Registrar of Trade Marks' refusal of their device mark, 'OLEEV ACTIVE'. The court found that the coined word 'OLEEV', combined with 'ACTIVE' and a slogan, was distinctive and not merely descriptive. Furthermore, it determined that the subject mark was not deceptively similar to any earlier marks cited in the examination report. Consequently, the High Court set aside the refusal order and directed the Trademark Registry to proceed with the registration process.
Sk Geo Centric Co Ltd v.The Controller Of Patents
Sk Geo Centric Co Ltd appealed a refusal order passed by the Joint Controller of Patents and Designs regarding its patent application. The appellant argued that the refusal order, which cited prior art D4, was bereft of any reasoning to support the conclusion of lacking inventive step. The High Court found the impugned order invalid due to lack of justification and remanded the matter for reconsideration.
M/S. Liladhar Indarji And Co. v.Union Of India
The Gujarat High Court disposed of a writ petition filed by M/S. Liladhar Indarji And Co. challenging the rejection of its trademark renewal applications (No. 1502218 and 1502220). Instead of ruling on the merits of the initial rejection, the court granted the petitioner liberty to file a fresh application for renewal. The respondent authority agreed that if the petitioner submits a new request with all prescribed fees, it will be considered within four weeks.
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