IP Cases — 2023
1,360 decisions across all jurisdictions
Page 5 of 46 · 1,360 total
Pidilite Industries Limited v.Mr. X, Trading As, M/S Prabhat Store
In a trademark infringement case concerning Pidilite Industries Limited's products (FEWIKWIK and M-SEAL), the Delhi High Court granted an extension for its local commissioners. The court allowed the plaintiff to continue seizing counterfeit goods based on new market evidence, ensuring that enforcement actions could proceed until the next hearing date. This order maintains the status quo regarding anti-counterfeiting measures while allowing defendants time to prepare their defense.
Jindal Industries Pvt Ltd v.Prawesh Agencies Through Its Partners Vikash Singh Ravindra Kumar Singh
The Delhi High Court addressed a trademark infringement suit where the defendant claimed a co-branding arrangement with an affiliate of the plaintiff's group. The court found that the plaintiff failed to disclose this vital co-branding agreement in their plaint, despite being required to attest to full disclosure under the Commercial Courts Act. Consequently, the court noted the breach of procedural rules and directed the plaintiff to place the relevant agreement on record before further proceedings.
Infiniti Retail Limited v.M/S Croma Wholeseller & Ors.
Infiniti Retail Limited successfully sought judicial intervention against an infringing website, www.cromawholesellersltd.co.in, which was identified as using its registered trademarks and logo. The Delhi High Court allowed the plaintiff to implead the website owner as a defendant and extended the existing ex-parte ad-interim injunction to cover this new party. Crucially, the court directed the suspension of the infringing domain name and mandated that the responsible parties provide detailed registrant information, reinforcing strong protection for well-known trademarks in the digital space.
Gsp Crop Science Pvt Ltd v.Jai Farm Chemicals Pvt Ltd
The dispute between Gsp Crop Science Pvt Ltd (Plaintiff) and Jai Farm Chemicals Pvt Ltd (Defendant) regarding infringement of Indian Patent 394568 was settled. The Defendant acknowledged the Plaintiff's exclusive rights in the patented formulation and undertook not to infringe the patent during its lifetime.
Heineken Asia Pacific Pte. Ltd. v.Shree Sakshat Money Lenders And Exchange Pvt. Ltd. and Anr.
The Delhi High Court addressed petitions filed by Heineken Asia Pacific Pte. Ltd. seeking cancellation of 'TIGER' device logos registered by Shree Sakshat Money Lenders. The court noted the near identity between the marks and directed that status quo be maintained concerning the registrations. This interim order prevents any transfer, license, or assignment of the disputed trademarks while the matter proceeds.
Heineken Asia Pacific Pte. Ltd. v.Mr. Vijay Keshav Wagh And Anr.
In a dispute over trademark rights, Heineken Asia Pacific Pte. Ltd. sought to cancel registrations held by Mr. Vijay Keshav Wagh concerning the 'TIGER' device logo. The Delhi High Court acknowledged the near identity between the marks used by both parties and issued an interim order. The court directed that status quo be maintained regarding the registration, preventing any transfer or assignment of the disputed trademarks until further hearing.
M/S.Mohamed Aboobacker Chank Lungi Ltd. v.M/s.Indianpasand Inc.
M/S.Mohamed Aboobacker Chank Lungi Ltd filed a civil suit against several defendants, including M/s.Indianpasand Inc., alleging trademark infringement, copyright violation, and passing off concerning its 'SANGU' brand. The plaintiff sought permanent injunctions and damages against the use of deceptively similar marks like 'SHIPPY.' Ultimately, the court decreed the suit in terms of a Memorandum of Settlement reached between the plaintiff and the 3rd defendant.
F.Hoffmann-La Roche Ltd v.Matrix Laboratories Limited
F.Hoffmann-La Roche Ltd filed a petition seeking revocation of Patent No. 224634, which was granted to Matrix Laboratories Limited. The court noted that the term of Patent No. 224634 had expired on the date of the judgment.
Til Healthcare Private Limited v.M/s.Antop Pharma India Limited
Til Healthcare Private Limited filed a suit against M/s.Antop Pharma India Limited and others, alleging multiple infringements related to the brand 'APETAMIN'. The claims included trademark infringement, passing off, trade dress misuse, and copyright violation concerning its product label. Although the initial prayer sought permanent injunctions and damages, the parties ultimately reached an out-of-court settlement.
Indiyaa Distribution Network LLP v.TVC Life Sciences Ltd & Anr
The Delhi High Court ruled in favor of Indiyaa Distribution Network LLP, granting a permanent injunction against TVC Life Sciences Ltd and others. The dispute centered on trademark infringement concerning Ayurvedic joint pain relief oils. The court found that the defendants' mark, 'SANDHEE SUDDHAM,' was deceptively similar to the plaintiff's established mark, 'SANDHI SUDHA.' This decision reinforces the importance of prior use and goodwill in protecting brand identity within the pharmaceutical sector.
M/S.Chu Chu Tv Studios Llp v.The Registrar Of Trademarks
The Madras High Court allowed the appeal filed by M/S. Chu Chu Tv Studios LLP against the Registrar of Trademarks' rejection of its device mark registration (CHU CHU TV). The court overturned the refusal, finding that the grounds cited by the Registrar—including lack of turnover disclosure and failure to provide a Section 65B certificate for online content—were untenable. Crucially, the High Court held that when evidence is sourced from third-party online articles, the applicant cannot be required to produce a Section 65B certificate, thereby paving the way for the mark's acceptance.
Tyron International Limited v.Assistant Controller of Patents and Designs, Government of India
Tyron International Limited appealed an order issued by the Assistant Controller of Patents and Designs. However, the appellant later submitted a memo stating its intention to withdraw the appeal. The High Court subsequently dismissed the case as withdrawn.
Samridhi Enterprises v.Flipkart Internet Private Limited & Ors.
Samridhi Enterprises filed a suit against Flipkart and several sellers for alleged infringement of its trade marks and copyrighted marketing materials related to car covers. The court recognized the prima facie case of infringement, particularly concerning the unauthorized use of design look-and-feel and promotional imagery by third-party sellers on the platform. Crucially, the court issued an interim injunction restraining these infringing parties from using the plaintiff's intellectual property until the full trial can proceed.
Rajah Company v.The Registrar of Trademarks
Rajah Company filed a Transfer Civil Miscellaneous Appeal challenging an order issued by the Registrar of Trademarks regarding the registration of the mark RAJAH MALGO. However, before the High Court could rule on the merits of the appeal, the appellant chose to withdraw the case. Consequently, the Madras High Court dismissed the appeal as withdrawn without making any substantive order.
Natco Pharma Limited v.Bristol Myers Squibb Company And Anr
The matter involved Natco Pharma Limited and Bristol Myers Squibb Company regarding Indian Patent No. IN 247381, which covers Factor Xa Inhibitors used in the pharmaceutical preparation APIXABAN. The parties amicably settled their disputes via an agreement dated August 8, 2023.
Lottoland Holdings Private Limited v.Kuldeep Sharma
Lottoland Holdings Private Limited filed a suit seeking an injunction against Kuldeep Sharma for using the 'LOTTOLAND' trademark and associated device. The Plaintiff, a global leader in online lottery and betting services, alleged that the Defendant's application was a dishonest attempt to appropriate its globally recognized mark. The Delhi High Court granted an interim status quo order, preventing the Defendant from launching any business under the disputed mark until further proceedings.
M/s.Jaya Balaji Tex v.Senniappan Kuppusamy; The Registrar of Trademarks
The Madras High Court dismissed two Original Petitions filed under Section 57 of the Trade Marks Act, 1999. The petitions sought the removal of specific registered trademarks (No. 1607835 and No. 1464323) from the Register of Trademarks in Class 25. However, both parties reached an amicable resolution regarding the disputes, leading the petitioner to withdraw the cases before the court.
Burger King Company Llc v.Ranjan Gupta & Ors.
The Delhi High Court affirmed the strong standing of Burger King Company LLC, declaring its trademark 'BURGER KING' to be well-known in India. The court relied on extensive global usage, massive promotional investment, and local market presence (over 400 outlets) to establish secondary meaning. This ruling significantly strengthens the brand's protection against unauthorized use by defendants operating under similar names like 'Burger King Family Restaurant'.
Lotte India Corporation Ltd. v.Phan Nguyen Confectionery Corporation; Ajanthaa K.T.K Products
The Madras High Court addressed a trademark infringement and passing off suit filed by Lotte India Corporation against Phan Nguyen Confectionery Corporation and Ajanthaa K.T.K Products regarding the 'CHOCO PIE' mark. Despite the plaintiff alleging identical use of the mark, the court found that the plaintiff failed to adequately prove the infringement by the defendants. Consequently, the suit was largely dismissed on the core claims of trademark violation and damages.
Pfizer Health AB v.The Assistant Controller of Patents
Pfizer Health AB filed a Transfer Civil Miscellaneous Appeal against an order passed by The Assistant Controller of Patents. The appellant argued that the relevant Patent No. 229260 had expired in November 2019, rendering the matter infructuous.
Boehringer Ingelheim Pharma Gmbh & Co. v.Vee Excel Drugs And Pharmaceuticals Private Ltd.
This judgment addresses multiple suits filed by Boehringer Ingelheim Pharma against various Indian pharmaceutical companies, seeking permanent injunctions against infringing Patent No. IN 243301 related to Linagliptin tablets. The Delhi High Court examined the prima facie case and found that the patent was vulnerable to revocation due to prior claiming and attempts at evergreening by the plaintiffs. Consequently, the court dismissed all applications for interim injunction, allowing defendants to manufacture and sell products containing Linagliptin as the active pharmaceutical ingredient.
The Board of Trustees of the Leland Stanford Junior University v.Assistant Controller of Patents and Designs
The appellants challenged the rejection of their patent application (No. 9445/CHENP/2013) by the Controller, which cited objections regarding insufficient disclosure and lack of clarity in the claims. The High Court held that the impugned order lacked the necessary specificity to enable the applicant to address the objections effectively.
Pepsico India Holdings Pvt. Ld. v.Kavitha Kuruganti
Pepsico India Holdings Pvt. Ld. appealed a decision by the Protection of Plant Varieties and Farmers Rights Authority (Authority) that revoked its registration for the potato variety FL 2027. The appellant challenged the revocation order, arguing it was based on incorrect information regarding the variety's category and assignment chain, and that the Authority exceeded its jurisdiction. However, the Delhi High Court dismissed the appeal, finding no merit in the challenge to the respondent's locus standi or the Authority's decision.
Abdulla A Olia (Director of M/s Imex Industries (I) Pvt.Ltd.) v.M/s. Shri Ashapura Hardware & The Registrar of Trade Marks
The Madras High Court dismissed the Original Petition filed by Abdulla A Olia seeking rectification or removal of the registered trademark 'STAR IMEX DEVICE' (No. 1625661). The court noted that the petitioner failed to appear at multiple scheduled hearings despite receiving proper notice. Consequently, the petition was dismissed for non-prosecution.
Gujarat Cooperative Milk Marketing Federation Limited v.Amul Electromech Private Limited & Ors.
The Delhi High Court issued interim orders in favor of Gujarat Cooperative Milk Marketing Federation Limited (Amul) against several defendants regarding trademark infringement. The court directed specific defendants to immediately suspend access to infringing domain names (like www.amulfans.com), block social media accounts, and remove product listings on e-commerce platforms like Amazon. For other intermediaries, the court mandated a 'notice and takedown' mechanism, requiring them to promptly remove any content bearing Amul's trademarks upon receiving notification from the plaintiff.
Macleods Pharmaceuticals Limited v.Boehringer Ingelheim Pharma GmbH & Co. KG
Macleods Pharmaceuticals Limited filed an information alleging that Boehringer Ingelheim (OP-1 and OP-2) was abusing its patent rights, specifically using the Second Patent to prohibit competitors from using 'Linagliptin' after the First Patent expired. The Commission found no prima facie case warranting an investigation into the matter.
India International Technical Institute v.Terala Educational Society
The Madras High Court disposed of an Original Petition filed by India International Technical Institute seeking the cancellation of a registered trademark, 'SANSKRITI,' held by Terala Educational Society. The court noted that the mark's last registration was valid only up to March 23, 2020, and its renewal had long expired. Consequently, the Court directed the Registrar of Trade Marks to cancel the certificate and remove the entry from the Register within one month.
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.
Dharampal Satyapal Limited v.Mr Basant Kumar Makhija & Ors.
The Delhi High Court allowed the plaintiff's application under Section 124 of the Trade Marks Act, 1999. The court found that since the defendants raised a defense based on their registered mark (Section 30(2)(e)), and the plaintiff pleaded the invalidity of that registration, the plea was deemed prima facie tenable. Consequently, the Court framed an issue challenging the validity of the defendant's trademark and adjourned the suit for three months to allow the plaintiff to file a rectification petition.
Dhanvantari Nano Ayushadi Private Limited v.The Registrar of Trade Marks
Dhanvantari Nano Ayushadi Private Limited filed a Civil Miscellaneous Appeal seeking to set aside an order passed by the Registrar of Trade Marks concerning the registration of the mark “NANO CUR”. The appeal was dismissed for non-prosecution because the appellant could not be served notice due to having vacated the specified office address.
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