IP Cases — 2023
1,360 decisions across all jurisdictions
Page 9 of 46 · 1,360 total
M/S Gm Modular Pvt Ltd v.Sh. Gopal Shinghal & Anr
The Delhi High Court allowed M/S Gm Modular Pvt Ltd's petition seeking the cancellation of the registered trademark 'GMT' held by Sh. Gopal Shinghal. The court found that 'GMT' is deceptively similar to the Petitioner's established mark 'GM', which has been in continuous use since 1999 for electrical goods. Given the prior adoption and substantial goodwill of 'GM', the registration of 'GMT' was deemed contrary to Sections 9 and 11 of the Trademarks Act, leading to its removal from the register.
Pharmacyclics Llc & Anr. v.Hetero Labs Limited & Ors. / Natco Pharma Limited / Bdr Pharmaceuticals International Pvt Ltd / Shilpa Medicare Limited & Anr. / Alkem Laboratories Ltd
This Delhi High Court judgment addresses a batch of six suits alleging infringement of Indian Patent 262968, which covers the drug Ibrutinib. The plaintiffs sought an injunction against defendants who were launching or had launched the generic version of the patented drug. While the court dismissed one related writ petition, it granted interim relief restraining all defendants from manufacturing and marketing Ibrutinib pending the final disposal of the suits. Furthermore, the court allowed defendants to exhaust their existing stock, provided they file an affidavit detailing the batch numbers and expiry dates.
Harish Khatri S/o Late Shree Radheyshyam Khatri v.M/s Khatri Pannalal Premraj Bidi Manufacturer, Firm City Sawai Madhopur
The Rajasthan High Court modified a previous temporary injunction that had halted business operations by restricting the use of the registered trademark 'Macchis Brand Bidi'. Recognizing that both parties are partners in the firm, the court stayed the restriction on using the trademark until the underlying partnership dispute is resolved. This decision allows the defendants to continue their trade while ensuring the main suit proceeds expeditiously.
Wyeth Holdings Corporation v.Controller General of Patents, Designs and Trademarks
This matter 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 its Commercial Appellate Division to issue necessary notices to both parties and file a report before proceeding further. This procedural step sets the stage for the continuation of the patent dispute.
Vicuron Pharmaceuticals, Inc v.Controller General of Patents and Designs and Anr
This matter 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 case in March 2023.
Umai Mohonot v.Union of India
The petitioners 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 the mark related to government property. The High Court dismissed the writ petition, stating that the petitioners should have participated in the adjudication process before the competent authorities.
RSPL LIMITED v.AGARWAL HOME PRODUCTS & ANR.
This Delhi High Court order addresses a trademark dispute where RSPL LIMITED alleges that Respondent No. 1's registration of the word mark 'AGRAGHADIYAL' is deceptively similar to its well-known trademarks, 'GHARI' and 'GHADI'. The petitioner has filed an opposition against related marks and sought injunctive relief. The court acknowledged the core issue—the similarity between the marks—and granted the petitioner time to present relevant case law before scheduling a re-notification.
Vidya Mandir Classes Ltd. v.Wefrew Educations P. Ltd.
The Delhi High Court granted an interim injunction in favor of Vidya Mandir Classes Ltd. against Wefrew Educations P. Ltd., finding that Vidya Mandir had a prima facie case regarding the unauthorized use of its trademarks and proprietary course materials. The court observed that Wefrew was allegedly using these assets while simultaneously claiming disassociation, causing potential irreparable harm to the petitioner. Consequently, Wefrew was immediately restrained from using any material or marks associated with Vidya Mandir Classes.
Nokia Technologies Oy v.Amazon Seller Services Private Limited
The plaintiff alleges infringement of its patents by the Amazon Prime Video service, specifically regarding the Trending Now and Continue Watching features.
Virendra Kumar Gupta v.Burger King Corporation
The Madras High Court dismissed a rectification petition filed by Virendra Kumar Gupta against Burger King Corporation. The petitioner sought to cancel or impose a disclaimer on the 'Burger' and 'King' marks registered under No. 927122. The court relied on prior judgments, including one from the Delhi High Court and the Supreme Court ruling in Patel Field Marshal Agencies vs P.M. Diesels Ltd., concluding that the petition was not maintainable.
Ms Bharat Irrigation Pvt. Ltd. v.The Controller General Of Patents Designs And Trade Marks Also Registrar Of Trade Marks & Anr.
The Delhi High Court addressed objections raised in a rectification petition concerning the trademark 'LUBI'. The respondents challenged the jurisdiction of the court, arguing that the registration occurred in Ahmedabad and not New Delhi. Furthermore, they contended that the petitioner's filing was barred by Section 124 of the Trade Marks Act, 1999, due to a prior pending suit in the District Court at Ahmedabad. Given these complex jurisdictional and procedural hurdles, the court decided to renotify the matter for further consideration.
Apex Europe B.V. v.Union Of India & Ors.
The Delhi High Court addressed a challenge raised by Apex Europe B.V. regarding the refusal of the Trademarks Registry to consider a prior Intellectual Property Appellate Board (IPAB) order while processing its trademark application for 'GTT'. The court directed the Registrar of Trade Marks to take the IPAB's order into account, provided that the petitioner furnishes an undertaking and indemnity against any liability arising from that order. This resolution allows the matter to proceed based on the historical decision.
Glaxo Group Limited And Anr. v.Manoj Kumar Jain And Ors.
The Delhi High Court addressed a trademark infringement and passing off suit filed by Glaxo Group Limited against Manoj Kumar Jain and others. Although the matter was resolved amicably through a settlement, leading to the decreeing of specific terms, the court also independently declared the Plaintiffs' mark 'BETNESOL' as a well-known mark due to its long history and extensive market presence in the pharmaceutical sector. This judgment underscores the dual nature of IP disputes: resolution via negotiation alongside judicial recognition of brand status.
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.
Agensys Inc v.Assistant Controller Of Patents Asnd Designs
Agensys Inc appealed an order from the Assistant Controller of Patents and Designs which rejected its application under Section 3(d) of the Patents Act, 1970. The appellant argued that their monoclonal antibody invention demonstrated a technical effect (improved affinity/cross-reactivity) not considered by the Controller, thus warranting the setting aside of the impugned order.
Tata Sia Airlines Limited v.Vistara Buildtech Llp & Anr.
Tata Sia Airlines Limited successfully secured an interim injunction against Vistara Buildtech LLP and others in the Delhi High Court. The court found a clear prima facie case of trademark infringement and passing off, given that Tata Sia is the proprietor of the well-known mark 'VISTARA' used in commercial aviation. The order restrained the defendants from using the infringing mark while the main suit proceeds.
Kudos Pharmaceuticals Limited & Ors. v.Dr Reddys Laboratories Limited
The suit alleged infringement of several patents held by Kudos Pharmaceuticals Limited concerning Olaparib (LYNPARZA). The Plaintiffs contended that Dr. Reddy's Laboratories was manufacturing and exporting Olaparib API, violating their patent rights. The court decreed the suit, permanently restraining the Defendant from commercially launching the product before the patent expiry date, subject to Section 107A provisions.
Vifor (International) Ltd v.J.B. Chemicals And Pharmaceuticals Limited
Plaintiffs filed suits seeking permanent injunction against defendants for infringing Indian Patent No. 221536, which covers the drug FERRIC CARBOXYMALTOSE. The dispute arose after plaintiffs discovered marketing material for generic versions launched by the defendants under names 'JBCARB' and 'CipFCM'.
Anjay Bansal v.Assistant Registrar of Trade Marks
The Madras High Court overturned the rejection of a device mark registration applied for by Anjay Bansal. The initial refusal was based on the mark being non-distinctive or merely descriptive. However, the court found that the appellant successfully demonstrated long-standing use since 2005 through submitted invoices and annual reports. Citing the proviso to Section 9(1) of the Trade Marks Act, the High Court ruled that the mark had acquired distinctiveness through use, allowing it to proceed to advertisement.
T.G.Arumugam v.T.G.Harigopal
The Madras High Court addressed a petition seeking rectification of the trademark 'UMBRELLA BAND' registration. The court noted that the dispute had been resolved through a joint memorandum of compromise, which was subsequently decreed by a lower court. Consequently, the High Court directed the Trademark Registry to allow applications filed under Form TM-P and Form TM-M, thereby officially recording the petitioner as a joint proprietor alongside the respondent. Furthermore, the registry was mandated to implement the agreed geographical division of territory.
Hero Electric Vehicles Private Limited & Anr. v.Mr. Aman Kumar & Ors.
The Delhi High Court addressed an interim application in a trademark infringement suit brought by the Hero Group against various defendants. The court upheld the previous injunction granted on June 1, 2022, which protected the Plaintiffs' trademarks ('Hero Electric', 'Hero') and related intellectual property. Specifically, the existing orders directing the disclosure of details for infringing domain names (like www.elctricbikedelearship.com) and freezing associated bank accounts were maintained throughout the pendency of the suit.
Nippon Telegraph And Telephone Corporation v.Controller Of Patents And Designs
Nippon Telegraph And Telephone Corporation appealed a decision by the Assistant Controller of Patents and Designs that refused its patent application (No. 6168/DELNP/2013) under Section 15 of the Patents Act, 1970. The High Court set aside the impugned order and remanded the matter back to the Assistant Controller for fresh consideration.
Pharmacyclics Llc & Anr. v.Shilpa Medicare Limited & Anr.
This judgment addresses a batch of six infringement suits filed by Pharmacyclics LLC and its affiliates against various pharmaceutical companies, including Shilpa Medicare Limited. The core dispute revolves around the alleged unauthorized manufacturing and marketing of Ibrutinib, a drug protected by Indian Patent 262968 (IN'968). The court granted interim restraint orders preventing the defendants from further manufacturing or marketing the drug pending the final disposal of the suits.
Prof Manju Pathak v.M/S Shree Agro Foods
Prof Manju Pathak appealed a previous judgment where she had succeeded in an infringement suit under the Patents Act, 1970. Her grievance was that the original court did not award damages, costs, delivery-up, or rendition of accounts for the infringing products.
3M Deutschland Gmbh v.The Senior Examiner Of Trade Marks, Delhi
The Delhi High Court allowed 3M Deutschland Gmbh's appeal against the Senior Examiner's refusal to register its mark 'PENTA'. Although the court noted that several cited marks were phonetically similar, it ultimately favored the appellant due to evidence of the mark's long-standing use and established reputation in India since 2004. The registration application was directed to be processed, though any subsequent opposition would be decided on its own merits.
Ttk Prestige Ltd. v.Nirlon Kitchenware Private Ltd.
Ttk Prestige Ltd. filed a suit against Nirlon Kitchenware Private Ltd. alleging infringement of its registered designs for pressure cookers and passing off due to the defendant's use of identical shapes, configurations, and phonetically similar marks like 'Svachh'. The court found in favor of the plaintiff.
Harbans Lal Wadhwa Trading As Uttam Chemicals v.Subhash Chand Trading As Subhash Chand And Sons & Anr.
The Delhi High Court initiated proceedings regarding the cancellation of a registered trademark ('UTTAM') held by the Respondent. The Petitioner, claiming prior use since 1999 for various cleaning products, sought cancellation based on their earlier market presence. Recognizing that the dispute required detailed proof of goodwill and sales figures beyond mere pleadings, the court framed specific issues and directed both parties to file lists of witnesses and lead evidence.
M/s.Vicky Industries v.Sh.J.Pradeed; The Registrar of Trade Marks
The Madras High Court dismissed a petition filed by M/s. Vicky Industries seeking the removal or rectification of the trademark 'TULASI LABEL' (No. 1783253). The court noted that the term of the impugned trademark had expired on February 10, 2019. Consequently, the petition was deemed infructuous, though the petitioner was granted leave to re-apply should the mark be restored.
Array Biopharma Inc v.Controller General Of Patents, Designs And Trademarks and Anr
This case involves Array Biopharma Inc challenging a patent matter before the Calcutta High Court. The proceedings were transferred 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 next hearing date.
Adama Makhteshim Ltd v.The Controller Of Patents
Adama Makhteshim Ltd appealed the refusal of its patent application (No. 201617025525) by the Controller of Patents, which was based on lack of inventive step and clarity/sufficiency of disclosure. The Court found that procedural irregularities vitiated the impugned order because it failed to address all grounds of objection raised in the Hearing Notice.
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