IP Cases — 2023
1,360 decisions across all jurisdictions
Page 8 of 46 · 1,360 total
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.
Suresh Steel Tubes Pvt Ltd. v.The Registrar of Trademarks
Suresh Steel Tubes Pvt Ltd. filed a petition seeking the removal of Trademark Registration No. 1973721, arguing that its validity had lapsed. The Madras High Court reviewed the status provided by the Trademarks Registry and found that the long stop date for renewal and restoration had expired. Consequently, the court dismissed the petition as infructuous, effectively upholding the existing registration.
Vakzine Projekt Management Gmbh v.Assistant Controller Of Patents And Designs
Vakzine Projekt Management Gmbh appealed against an order passed by the Assistant Controller of Patents rejecting its patent application. The rejection was based on the grounds that the composition fell within the scope of Section 3(d) and Section 3(i) of the Patents Act, 1970.
Roxtec Ab & Anr v.Sukant Chakravarty & Ors
The Delhi High Court addressed an application filed by Roxtec Ab & Anr seeking permission to file rectification petitions against registered trademarks, which the defendants argued were monopolizing common industry terms. The court examined the claims related to a 'Bulls Eye' device mark and the slogan 'We Seal Your World'. While addressing the scope of trademark rights, the Court ultimately disposed of the application but framed an issue regarding whether Roxtec India Private Limited (Plaintiff No. 2) was a necessary party in the ongoing suit.
Purushottam Singhal Proprietor Ms. Prime Cable Industries v.Registrar Of Trade Marks & Anr.
The Delhi High Court addressed a dispute concerning the proper service of an objection notice related to a trademark application. The core issue was whether the appellant (Purushottam Singhal Proprietor Ms. Prime Cable Industries) actually received the notice sent by the Registrar of Trade Marks, who claimed it was delivered to their agent. Given the conflicting claims regarding service, the Court decided not to rule immediately.
Umaid Mohonot, Proprietor, M/s.Jay Plastic Company v.Union of India
The petitioner challenged a show cause notice issued by the Assistant Registrar of Trade Marks and GI regarding their registered trade mark 'ARROW'. The respondents argued that the registration was erroneous as it related to government property. The High Court dismissed the writ petition, stating that the petitioner should have participated in the adjudication process rather than challenging the initial notice.
Puma Se v.Gajari Online Services Private Limited
The Delhi High Court granted a rectification petition filed by Puma Se against Gajari Online Services Private Limited, ordering the variation of the respondent's registered trademark (No. 3685326). The court accepted the petitioner's argument that the 'leaping lion' device within the impugned mark was deceptively similar to Puma's well-known 'leaping cat' device. Consequently, the court directed the deletion of the leaping lion element from the trademark while allowing the word 'GAJARI' to remain.
M/s. Ramcides CropScience Pvt. Ltd. v.Kingdao Agrochem (India) Private Limited
The plaintiff filed a suit alleging infringement of its patent (No. 299036) concerning 'ZINC HEDP -17%' by the defendant's product, 'Legion Zinc: Zn HEDP 17.0%'. The dispute was settled when the defendant submitted an Undertaking Affidavit agreeing to cease all infringing activities and pay compensation.
Unilever Plc. v.Anurag Tiwari
The Commercial IPR Suit No. 481 of 2022, filed by Unilever Plc. against Anurag Tiwari and others, was settled by both the Plaintiffs and Defendants. The court accepted the Consent Minutes of Order, permitted amendments to the cause title, and disposed of the suit.
Optimus Drugs Private Limited v.Union of India
Optimus Drugs Private Limited challenged the hearing notice issued during the post-grant opposition proceedings against Patent No. 281489 for 'An improved process for the preparation of Linezolid'. The petitioner argued that since both parties filed additional evidence after the initial Opposition Board recommendations, a fresh board should be constituted to consider all facts and amended claims. The Madras High Court agreed with this contention, directing the Controller of Patents to reconstitute the Opposition Board and examine the entire record expeditiously.
Chotiwala Food And Hotels Private Limited v.Chotiwala & Ors.
The Delhi High Court granted an interim injunction in favor of Chotiwala Food And Hotels Private Limited against Defendant No. 5, finding a prima facie case of trademark infringement and passing off. The Plaintiffs successfully demonstrated that their registered mark 'CHOTIWALA,' which has acquired significant goodwill over decades, was being deceptively used by the defendant. This order provides immediate protection to the established brand while the main litigation proceeds.
Les Ateliers Louis Moinet Sa v.The Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Les Ateliers Louis Moinet Sa against the rejection of its trademark application 'LOUIS MOINET' for horological instruments and jewellery. The court recognized that the mark, being the founder's name used for luxury timepieces, possessed inherent distinctiveness. Despite objections regarding similarity to a cited mark ('LOUIS MONT'), the Court allowed the application to proceed to advertisement without acceptance, directing that any subsequent opposition must be decided on its own merits.
M/s. Mex Switchgears Pvt. Limited v.M/s. Seasco Dae Jong Bldg & The Registrar of Trade Marks
M/s. Mex Switchgears Pvt. Limited filed a Civil Miscellaneous Appeal challenging an earlier opposition order related to a trademark application in Class 9. However, the appellant subsequently instructed their counsel to withdraw the appeal. The Madras High Court accepted the memo of withdrawal and consequently dismissed the appeal without passing any orders regarding costs.
Lombard Brands Ltd. v.United Spirits Limited
The Madras High Court allowed a rectification petition filed by Lombard Brands Ltd against United Spirits Limited regarding the trade mark 'STORM'. The court found that the registration for STORM in Class 33 was liable to be cancelled because the first respondent failed to demonstrate continuous use of the mark for at least five years, as required under Section 47 of the Trade Marks Act. Consequently, the Registrar was directed to remove the impugned trade mark from the register.
Humanity Life Extension Llc v.Union Of India And Anr.
The petitioner, a US-based medical device manufacturer, challenged the amendment to Rule No. 138 of the Patents Rules, 2003, arguing that it removed the provision allowing extension of time for international patent applications and conflicted with the Patent Cooperation Treaty (PCT). The petitioner sought directions to entertain its National Phase Application despite missing the deadline.
Umang Dairies Limited v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Umang Dairies Limited against the Registrar of Trade Marks' refusal of their device mark 'WHITE MAGIK'. The court found that while the word 'WHITE' might relate to milk products, the composite mark is suggestive rather than descriptive. Furthermore, the court determined that the subject mark was prima facie dissimilar from cited marks and noted that evidence of use had been on record but overlooked by the Examiner. Consequently, the refusal was set aside, and the registration process was directed to proceed.
Mineral Earth Sciences Llc v.X Development Llc
The Bombay High Court addressed the ongoing dispute between Mineral Earth Sciences Llc and X Development Llc concerning trademark matters. While no final decision was rendered on this date, the court maintained that any interim relief previously granted in the matter would continue to be effective until the next hearing date. The case is scheduled for further consideration on August 2nd, 2023.
Histogen Inc v.The Assistant Controller of Patents and designs
Histogen Inc filed a Transfer Civil Miscellaneous Appeal seeking to set aside an order passed by The Assistant Controller of Patents and designs regarding Indian Patent Application No. 5341/CHENP/2010. However, the appellant instructed their counsel to withdraw the appeal.
Qualcomm Incorporated v.Controller Of Patents And Others
Qualcomm appealed a decision by the Deputy Controller of Patents which rejected their patent application (No. 5159/DELNP/2007) primarily citing Section 3(k) and lack of definitiveness. The High Court found that the rejection order suffered from manifest non-application of mind as it failed to address the appellant's submissions, leading to the setting aside of the impugned order.
The Himalaya Durg Company & Ors v.Himalya International Ltd
In this ongoing trademark infringement suit, the Delhi High Court addressed an application by the defendant seeking permission to file fresh evidence. Despite objections from the plaintiffs that the new defense went beyond pleadings, the court permitted the filing of the affidavit in evidence (DW-1). The court also reminded both parties about the long pendency of the case and directed a day-to-day trial to expedite proceedings.
Levi Strauss & Company v.Suffee Garments
The plaintiff, Levi Strauss & Company, filed a suit alleging that the defendant was clandestinely stocking, distributing, and selling shirts and apparels bearing falsified trademarks ('Levi's', 'Two Horse logo') and deceptively similar designs (Arcuate Stitching) of the plaintiff. The court found the defendant guilty of infringement and passing off.
Ved Prakash Malhotra (M/s. S.P. Products) v.M/s.Abhinav Export Corporation
This Madras High Court judgment addressed an appeal challenging the rejection of an opposition against a trademark application ('BLACK GOLD'). The court analyzed claims of similarity and prior use between 'BLACK N GOLD' (appellant) and 'BLACK GOLD' (respondent). While acknowledging the marks are nearly identical, the court found that the respondent successfully established honest concurrent use dating back to 1992. Consequently, the respondent was granted the benefit of Section 12, but their rights were narrowly restricted solely to henna hair dye products.
Saint-Gobain Abrasives, Inc. v.The Controller of Patents and Designs
Saint-Gobain Abrasives appealed a rejection order issued by The Controller of Patents and Designs concerning Patent Application No. 201941052276 for a NONWOVEN ARTICLE. The appellants argued that the rejection based on lack of disclosure, definitiveness, and obviousness was unsustainable. The High Court set aside the impugned order and remanded the application for re-consideration.
Bristol-Myers Squibb Holdings Ireland Unlimited Company v.Metrochem Api Private Limited
The dispute between Bristol-Myers Squibb Holdings Ireland and Metrochem Api Private Limited regarding patent infringement of Apixaban was amicably resolved through court-mediated conciliation. The parties executed a Settlement Agreement, leading to the suit being decreed in terms of that agreement.
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.
Applicant/Plaintiff (Name not specified) v.M/S.Knoll Health Care Pvt. Ltd.
The Madras High Court addressed an application filed by the plaintiff seeking permission to initiate fresh trademark rectification proceedings against a registered mark held by the respondent. The court noted that multiple rectification actions were already pending before the Registrar and other forums initiated by both parties. Consequently, the court rejected the plaintiff's request for leave, emphasizing that existing legal processes must be allowed to run their course to prevent conflicting judgments.
Dxn Holdings Bhd v.Daehsan Trading (India) Pvt. Ltd.; The Registrar of Trade Marks
The Madras High Court dismissed two Original Petitions filed by Dxn Holdings Bhd seeking the removal of specific trademarks from the register. The court noted that the last registration date of the marks was in 2021, and crucially, the first respondent (Daehsan Trading) was found to be under liquidation. Given these developments, the petitions were deemed infructuous, though the petitioner was directed to take necessary steps for mark removal.
Nokia Technologies Oy v.Guangdong Oppo Mobile Telecommunications Corp Ltd & Ors.
Nokia appealed a single judge's order that dismissed its application for a pro-tem security deposit. Nokia claimed infringement based on its extensive portfolio of Standard Essential Patents (SEPs) used by Oppo in smartphones. The Delhi High Court allowed the appeal, finding that a prima facie case of infringement was made out and directing Oppo to deposit the last paid amount attributable to India.
Mologen Ag v.Controller General Of Patents And Designs And Anr
The case was received by the Calcutta High Court Commercial Division 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 setting the matter for further hearing.
Nadeem Majid Oomerbhoy v.Sh. Gautam Tank And Ors
The Delhi High Court addressed a pending interlocutory application in the trademark infringement suit. The court framed an additional issue to determine whether the defendant is liable to pay additional damages for using the impugned mark after the suit was revived, given that the original ad interim injunction had stood. With evidence complete and parties consenting not to lead further evidence, the matter was scheduled for final hearing.
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