IP Cases — 2024
1,861 decisions across all jurisdictions
Page 1 of 63 · 1,861 total
Financiere Batteur Sas v.Kalai Arasu
Financiere Batteur Sas successfully petitioned the Madras High Court to cancel a registered trademark, 'Physiolac AR,' held by Kalai Arasu. The petitioner argued that the mark was adopted in bad faith and had suffered prolonged non-use, violating Section 47 of the Trade Marks Act. The court agreed, finding that the lack of genuine use for over five years demonstrated malafide intent to ride on the petitioner's established international reputation. Consequently, the trademark registration was ordered to be removed from the Register.
Audi AG v.Network System Technologies LLC
In this preliminary objection case, Audi AG sought to dismiss an infringement action against Network System Technologies LLC based on jurisdictional issues and the lack of evidence. The Court partially rejected these objections, allowing the core infringement claims to proceed. Crucially, the court emphasized efficiency, deciding that complex matters like UK damages and patent validity must be addressed within the main proceedings rather than being dismissed upfront.
Pernod Ricard India Private Limited v.Accord Distillers And Brewers Pvt Ltd
In a trademark dispute concerning the brand 'BLENDERS PRIDE', the Delhi High Court allowed Pernod Ricard India Private Limited to introduce supplementary documentation. The petitioner sought these documents to rebut the respondent's denial regarding the well-known status and earlier adoption of their trademark. This interim order facilitates the ongoing litigation, allowing both parties to present a more complete factual record before the court.
Disys India Private Limited v.The Registrar of Trademarks
The Madras High Court set aside an earlier refusal by the Registrar of Trademarks to grant registration for the mark 'DISYS'. The appeal argued that the refusal, based solely on phonetic similarity to another mark ('DISYSO'), failed to consider evidence of the appellant's long-standing use and acquired distinctiveness. The court found the original order was a non-speaking order, necessitating a remand back to the Registrar for fresh consideration of the application on its merits.
Nokia Technology GmbH v.Mala Technologies Ltd.
This UPC Court of Appeal decision addressed a complex jurisdictional and procedural issue concerning the interplay between national revocation proceedings (in Germany) and an action before the Unified Patent Court. The court confirmed that while the parties in the German and UPC actions were distinct, necessitating the rejection of Mala's primary request to decline jurisdiction, it ultimately granted the crucial auxiliary request for a stay. This ruling provides significant guidance on when procedural fairness requires the UPC to pause proceedings pending outcomes in parallel national litigation.
Panasonic Holdings Corporation v.Xiaomi Technology Germany GmbH, Xiaomi Technology France S.A.S, Xiaomi Technology Italy S.R.L, Xiaomi Technology Netherlands B.V., Odiporo GmbH, Shamrock Mobile GmbH
This decision from the Mannheim Local Division addresses procedural requests made by Xiaomi regarding confidentiality protections for third-party license agreements related to EP 2568724. The court denied Xiaomi's request for enhanced access restrictions and preliminary injunctions against a former defendant. The ruling emphasizes strict adherence to procedural timelines, stating that parties must act early when seeking complex protective measures like those under Rule 262A VerfO.
Divya Novelty v.Commissioner of Customs, Mundra
Divya Novelty appealed against the absolute confiscation and penalties imposed by Customs for importing shoes bearing famous brand names (NIKE, ADIDAS, etc.), which were deemed counterfeit. The Tribunal found that since the required procedure under IPR Enforcement Rules was not followed, the goods could not be held prohibited for confiscation. Furthermore, the valuation method used by the Revenue was deemed illegal.
Wipro Enterprises Private Limited v.Wipro Gas Service & Anr.
The Delhi High Court granted an interim injunction in favor of Wipro Enterprises Private Limited against Wipro Gas Service & Anr. The plaintiff sought protection for its well-known trademark 'WIPRO,' which it alleged was being infringed and used deceptively by the defendants. Given that the defendant failed to appear despite service, the court found a prima facie case existed, leading to an immediate restraint order on the use of the identical mark.
products and ideas india pvt ltd v.nilkamal limited
M/S Products And Ideas (India) Pvt. Ltd. sued Nilkamal Limited and others for trademark infringement, alleging unauthorized use of the 'STELLA' mark on induction cooktops, despite having a license to use 'STELLADEXIN'. The plaintiff claimed prior registration and significant sales under the 'STELLADEXIN' mark.
Edwards Lifesciences Corporation v.Meril Lifesciences PVT Limited; Meril GmbH; Smis International OÜ; Sormedica UAB
In this procedural order, the UPC denied a request by an applicant (a member of the public/investor) seeking access to all pleadings and evidence in ongoing infringement and counterclaim proceedings. The Court held that while transparency is important, the integrity of the private dispute must be protected until the case concludes. This decision reinforces the principle that requests for public access must be highly specific and demonstrate a direct, plausible interest related to the patent's subject matter.
A. Menarini Diagnostics s.r.l. v.Insulet Corporation
In a procedural order concerning provisional measures, the UPC addressed a request for confidentiality protection. The Court granted access restrictions on specific technical and business information submitted by A. Menarini Diagnostics s.r.l., classifying it as confidential. While rejecting the defendant's motion that all highlighted portions were secret, the ruling established strict rules governing who could view this sensitive data. This decision reinforces the UPC's commitment to balancing urgent proceedings with robust protection of proprietary information.
Hewlett-Packard Development Company, L.P v.Lama France
This procedural order addressed a request by Hewlett-Packard Development Company (HPDC) to call a witness in its infringement action against Lama France. While the court granted the request for the witness to testify orally in English, it rejected Lama's plea for simultaneous interpretation between French and English. The ruling emphasizes the practical application of UPC rules regarding language proficiency and procedural economy.
Triology Solutions Private Limited v.Flipkart Internet Private L Imited & Ors.
The Delhi High Court granted an interim injunction in favor of Triology Solutions Private Limited against various online sellers (Defendants 12-23) for trademark infringement and passing off. The court recognized the distinctiveness of the 'Muuchstac' brand, which is used for cosmetic products, and restrained the defendants from using its registered device mark and trade dress/packaging. Furthermore, the court directed the major e-commerce platforms (Defendants 1-11) to ensure takedown actions are taken against counterfeit listings and mandated disclosure of sales revenue by the infringing sellers.
Asana Biosciences Llc v.Assistant Controller Of Patents And Design
The appellant sought condonation of a 37-day delay in filing an appeal against an order passed by the Assistant Controller of Patents and Designs. The court allowed the application for condonation of delay, while simultaneously issuing notice regarding the main appeal seeking to set aside the impugned patent office order.
Panasonic Holdings Corporation v.Guangdong OPPO Mobile Telecommunications Corp. Ltd.
This UPC appellate decision addresses a motion for the production of evidence (R.190 VerfO) in an SEP dispute concerning 4G mobile phone standards. OPPO and OROPE sought access to Panasonic's confidential licensing agreements to bolster their FRAND defense, arguing that transparency was necessary. The Court ultimately rejected these requests, stressing the principle of proportionality and the need to protect trade secrets, even when dealing with SEPs.
Microsoft Corporation v.Suinno Mobile & AI Technologies Licensing Oy
In a case concerning an infringement action, Microsoft challenged the Court of First Instance's decision that allowed Suinno to reduce its claimed damages. Microsoft argued this change compromised its defense and exceeded procedural limits. However, the UPC Court of Appeal rejected Microsoft’s discretionary review request, affirming that allowing a party to unconditionally limit their claim is a standard procedure under the Rules of Procedure (R 263.3 RoP). This decision reinforces the flexibility and fairness built into the UPC's litigation framework regarding claim amendments.
Tirupati Structurals Limited v.Jai Prakash Singhal
The Delhi High Court granted an interim injunction in favor of Tirupati Structurals Limited against Jai Prakash Singhal, finding that the defendant's use of 'MM TIRUPATI' was deceptively similar to the plaintiff's established mark 'TSL-TIRUPATI'. The court held that despite minor differences in prefixes, the identical and prominent shared element 'TIRUPATI', coupled with the similarity in goods (pipes and fittings), created a high likelihood of consumer confusion. This ruling reinforces the protection afforded by common law passing off principles against calculated attempts to capitalize on established goodwill.
10x Genomics, Inc. v.Curio Bioscience Inc.
In a request for security of legal costs, the UPC Local Division in Düsseldorf ordered Curio Bioscience Inc. to provide EUR 200,000 in security to 10x Genomics, Inc. The case centered on whether a claimant could successfully petition for cost security against a defendant under the UPCA framework. The Court ultimately ruled in favor of 10x Genomics, acknowledging the voluntary nature of litigation while balancing this with procedural fairness.
north side brewers private ltd v.the registrar of trade marks
North Side Brewers Private Ltd appealed a decision of the Registrar of Trade Marks. The appellant sought condonation of delay in filing the appeal, prompting consideration of relevant case law regarding the Registrar's discretionary powers and precedents concerning trademark delays.
Bennett Coleman And Company Limited v.Two Star Media Private Limited
Bennett Coleman And Company Limited filed a petition seeking the removal of a deceptively similar trademark (LIVE TIMES) registered by Two Star Media Private Limited. The petitioner argued that its own trademarks, 'TIMES' and its family, are prior, extensively used since 1943, and highly reputed. The court accepted notice and directed both parties to file detailed replies within four weeks, setting the stage for a substantive hearing on trademark infringement and similarity.
Kiehberg Gmbh And Anr v.Capital Airgun Manufacturers Private Limited
The Delhi High Court granted an interim injunction in favor of Kiehberg GmbH against Capital Airgun Manufacturers Private Limited. The plaintiffs successfully demonstrated a prima facie case of passing off, arguing that the defendant's use of the identical trademark 'KIEHBERG' for airguns was likely to cause confusion and damage their established goodwill. This crucial order temporarily prevents the defendant from using the disputed mark until the full trial.
Kaira District Cooperative Milk Producers Union Ltd v.Hub.Nrw-Euindia Invest Gmbh & Ors
The Delhi High Court ruled in favor of Kaira District Cooperative Milk Producers Union Ltd (AMUL), granting a decree against multiple defendants for trademark infringement related to the 'AMUL TRU seltzer' brand. The court issued sweeping orders requiring domain registrars and the Department of Telecommunications to block access to various infringing websites globally. Furthermore, it restrained certain parties from exporting AMUL products that were not intended for the EU market, reinforcing robust protection against digital counterfeiting and unauthorized trade.
Sequoia Capital Operations Llc & Ors. v.Seene Trader & Ors.
The Delhi High Court issued a significant interim order in favor of Sequoia Capital Operations LLC and Peak XV Partners against the alleged fraudster 'Senee Trader'. The court granted several urgent reliefs, including exempting the plaintiffs from pre-institution mediation due to the urgency of the matter. Crucially, the court directed domain name registrars (Dynadot, Gname) to suspend relevant domains and mandated government bodies (MeitY, DoT) and financial institutions (NPCI) to take steps to permanently block or remove access to fraudulent websites, social media accounts, and UPI IDs used by the defendant.
Daedalus Prime LLC v.Xiaomi Communications Co., Ltd.
This UPC Court of Appeal decision addresses a procedural application to partially withdraw an appeal in an infringement case. The claimant, Daedalus Prime LLC, sought to remove two respondents (Xiaomi NL and Xiaomi DE) from the ongoing appeal proceedings. However, the Court ruled against this withdrawal, emphasizing that even indirect interests—such as those related to service obligations or the course of litigation—constitute a legitimate interest under UPC rules. This decision reinforces the principle that procedural fairness requires all affected parties to be heard.
Curio Bioscience Inc. v.10x Genomics, Inc.
This UPC appeal case addressed the scope and continuation of confidentiality protections for sensitive business information. Curio Bioscience sought to restrict access to specific documents during appellate proceedings, but the UPC Board of Appeal found that a prior order from the Court of First Instance already covered these materials. The ruling emphasizes the continuity of protective measures under the UPC framework, preventing parties from seeking redundant relief.
Alexion Pharmaceuticals, Inc. v.Amgen Technology (Ireland) Unlimited Company; Amgen N.V.; Amgen GmbH; Amgen AB; Amgen S.A.S.; Amgen s.r.l.; Amgen Biofarmacêutica Lda.; Amgen Zdravila D.O.O.
Alexion Pharmaceuticals appealed a decision from the Court of First Instance regarding its application for provisional measures against Amgen entities. The appeal sought an expedited hearing process under UPC Rules of Procedure. However, the Court of Appeal ultimately rejected the request for expedition, finding that Alexion's arguments were insufficient to outweigh the respondents' interests in maintaining standard procedural timelines. This decision underscores the high threshold required to obtain accelerated proceedings within the Unified Patent Court framework.
Ambuja Cements Limited v.Sudheer Sharma And Ors
Ambuja Cements Limited filed a suit alleging that several defendants were fraudulently using its 'AMBUJA CEMENT' trademarks and associated domains to run phishing websites, deceiving consumers into making payments. The Delhi High Court granted interim relief, directing the maintenance of status quo on relevant domain names and ordering telecom/internet service providers (MEITY and DoT) to suspend access to these fraudulent sites. Furthermore, the court mandated that various defendants provide KYC documents and details of registered phone numbers to aid in identifying the perpetrators.
Dolby International AB v.HP Deutschland GmbH, HP Inc., HP International SARL, HP Austria GmbH, HP France SAS, HP Belgium SPRL, HP Inc Danmark ApS, HP Finland Oy, HP Italy S.r.l., Hewlett-Packard Nederland BV, HP PPS Sverige AB, HPCP – Computing and Printing Portugal, Unipessoal, Lda., Hewlett-Packard d.o.o., Hewlett-Packard Luxembourg SCA, HP Inc Bulgaria EOOD
In a procedural ruling concerning the dispute over EP 3 490 258 B1, Dolby International AB withdrew its infringement claim against various HP entities. Concurrently, the defendants successfully had their counterclaim for revocation withdrawn. The court formally terminated both proceedings based on the mutual agreement of the parties. This case highlights how strategic settlement and procedural agreements can lead to the early termination of complex UPC litigation.
E.R.Squibb & Sons Llc v.Union of India
International pharmaceutical companies (Petitioners) challenged the recommendations of the Opposition Board regarding their granted patent. They argued that the Board improperly considered a rejoinder filed by the opponent and failed to consider additional evidence submitted by them under Rule 60, due to inaction by the Patent Controller.
Saint Gobain Placo v.Khushbu Frames
The plaintiffs are seeking an injunction against the defendants for allegedly infringing on their registered patents related to corrugated construction elements. The defendants claim they have never used the technology in question.
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