IP Cases — 2024
1,677 decisions across all jurisdictions
Page 10 of 56 · 1,677 total
Saint Gobain Construction Products UK Ltd. v.Mr.Tallam Uma Shankar Gupta
The Madras High Court allowed a petition seeking rectification of the Trade Marks Register, directing the removal of the mark 'GYPLOCK' (No. 3536418). The petitioner, Saint Gobain Construction Products UK Ltd., successfully argued that its established trademark 'GYPROC' was similar to the impugned mark and used on identical goods—building materials. Despite arguments regarding common trade terms ('GYP'), the court found the overall similarity between 'GYPROC' and 'GYPLOCK' likely to cause confusion, thereby protecting the purity of the register.
Suprajit Engineering Limited v.Shivam Pandey And Ors
Suprajit Engineering Limited filed a suit seeking permanent injunction against defendants for infringing its registered trademark 'SUPRAJIT', passing off, and violating its copyright related to automotive cables. The plaintiff claimed that the defendants were deceptively using the mark and trade dress on their goods. The court ultimately decreed the suit, granting an injunction and awarding token damages.
Powerhouse Licensing LLC. v.Anand Rai
Powerhouse Licensing LLC successfully secured an interim injunction in the Bombay High Court against Respondent No. 1 regarding a conflicting trademark registration for 'POWERHOUSE GYM'. The court found that the Petitioner holds prior, famous, and well-known rights to the mark, making the impugned registration prima facie liable to be cancelled or rectified. This initial victory allows the Petitioners to prevent any misuse of their brand while the full legal proceedings continue.
Addala Sitamahalakshmi v.State Of Andhra Pradesh
The petitioner, a publishing house, challenged G.O.Rt.No.858 dated 09.11.2010, which restricted book printing rights to one entity (Respondent No.4), leading to an inspection and seizure of the petitioner's books. The petitioner argued that their business was being unfairly targeted and that non-literary scientific books are not protected by copyright.
Intellectual Property Attorneys Association (IPAA) v.The Controller General of Patents, Designs & Trade Marks & Anr.
The Intellectual Property Attorneys Association (IPAA) approached the Delhi High Court seeking directions to suspend limitation periods under the Trade Marks Act, citing severe disruptions in accessing the Trademark Registry's online portal. The petitioner highlighted persistent technical difficulties, including non-functional e-filing services and payment gateway issues, which were causing stakeholders to lose valuable IP rights. The Court acknowledged the urgency of the matter, directing the Controller General of Patents, Designs & Trade Marks (CGPDTM) to appear on the next date to provide detailed solutions and status updates regarding the systemic failures.
Promoshirt Sm. S.A. v.The Registrar Of Trade Marks
The Delhi High Court ruled in favor of Promoshirt Sm. S.A., directing The Registrar of Trade Marks to renew and restore a trademark application (No. 1355453). The petitioner argued that the delay in issuing the registration certificate, which occurred two years after the validity expired, prevented timely renewal. Citing precedent, the Court held that the proprietor should not be penalized for procedural lapses by the Registry, mandating the issuance of the renewal certificate and necessary database corrections.
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.
Salish Sham Viswan v.Singing Artists Association Kerala
The Kerala High Court ruled in favor of Salish Sham Viswan, who held a trademark registration for 'Singing Artists Association Kerala.' The court set aside an administrative rejection that claimed jurisdiction was lacking because the petitioner's entity was assumed to be registered under the Charitable Societies Act. The judgment clarified that the core issue is whether the name and logo are protected by the Trade Marks Act, allowing the Registrar to reconsider the complaint regarding potential infringement by the respondent.
Tanvi Fitness Private Limited v.Mr Jayesh Dilip Mehta & Anr.
Tanvi Fitness Private Limited filed multiple applications seeking an injunction against Mr. Jayesh Dilip Mehta and others, alleging that the respondents were communicating with e-commerce platforms to falsely claim infringement of their trademark 'MYFITNESS'. The petitioner argues that the respondents' actions are causing product delisting on major online marketplaces. While the respondent opposes the maintainability of the applications, citing different sections of the Trade Marks Act, the court has ordered notice and set a date for further arguments.
Saif Hong Kong Holdings Ltd. v.John Doe/ Ashok Kumar And Ors
The Delhi High Court issued a series of orders in the trademark infringement suit filed by Saif Hong Kong Holdings Ltd. against John Doe and others. The court granted several procedural reliefs, including exemption from pre-institution mediation and allowing the plaintiffs to file additional documents. Crucially, the court permitted specific service methods—such as email communication via designated Grievance Officers—for defendants located outside India or those identified as DNRs (Defendant Not Represented), while also exempting the plaintiff from advance service upon Defendant No. 1 due to the urgent nature of the relief sought.
Professor Jayashankar, Telangana State Agricultural University v.Monsanto Technology LLC
Professor Jayashankar, representing Telangana State Agricultural University, filed an Original Petition seeking the revocation of Patent No. 232681 held by Monsanto Technology LLC. The petition aimed to challenge the validity of the patent under Section 64 of the Patents (Amendment) Act, 2005. However, despite being served notice, the petitioner failed to appear before the Madras High Court on multiple occasions. Consequently, the court dismissed the Original Petition for non-prosecution.
Madapes Limited v.Madapes Promo Private Limited & Ors.
The Delhi High Court granted an ex-parte ad-interim injunction in favor of Madapes Limited against the defendants. The court recognized that the plaintiff's marks ('MADAPES', 'MAD APES') were being used deceptively by the respondents, leading to claims of passing off and copyright infringement over logos and content. Furthermore, the court directed specific actions, including blocking fraudulent Telegram accounts and taking down an incorrectly registered website, to protect the plaintiff's brand integrity.
NEC Corporation v.TCL Industrial Holdings Co., Ltd.; TCL Communication Technology Holdings Ltd.; TCL Overseas Marketing Ltd.
This UPC Court of Appeal decision addresses the complex issue of serving legal documents on defendants domiciled in China and Hong Kong during infringement proceedings. NEC Corporation sought alternative service methods, such as email or public notice, but the Court rejected these requests. The ruling reinforces that while the UPC has its own procedural rules, they must operate within the framework of international conventions (like the Hague Convention) and respect the national laws of the contracting states. This decision serves as a critical reminder to practitioners about the strict requirements for cross-border service in the UPC.
Kewal Krishan Bansal Propreitor Of Ms Vee Pee Bansal And Company v.Puneet Chhabra Propreitor Of Rama Wire Industries
The Delhi High Court dismissed the defendant's application to vacate an interim injunction granted in a trademark and passing off suit. The court found that the plaintiff's prior registration history, spanning from 1979, coupled with their copyright registration, strongly supported the initial finding of infringement. The judge noted the suspicious timing of the defendant's attempts to register identical marks after the plaintiff's mark was temporarily removed from the registry due to non-renewal, buttressing the decision to maintain the injunction.
Puma Se v.K.Srinivasan Trading as K.Srinivasan Mills & The Registrar of Trade Marks
The Madras High Court allowed Puma Se's petition for rectification, directing the removal of a conflicting trade mark registration (No. 2892343) held by K.Srinivasan Mills. The court found that the leaping cat depicted in the respondent's label bore a strong resemblance to Puma's registered 'leaping puma' logo. This ruling reinforces the principle that established trademark proprietors are entitled to protect their distinctive logos against confusingly similar marks, even if those marks operate in related classes.
GenSquare LLC v.The Assistant Controller of Patents & Design, Patent Office
GenSquare LLC appealed the Assistant Controller's order refusing its divisional patent application. The refusal was primarily based on the ground that the divisional claims did not flow from the original parent application. The Madras High Court allowed the appeal, finding that the Controller's reliance on an overruled judgment was flawed.
Calm Water Therapeutics Llc v.The Assistant Controller Of Patents And Designs
The appellant challenged the refusal of its divisional patent application (No. 201918017795), which was rejected on grounds including conflict with the parent application and non-compliance with various sections of the Patents Act, 1970. The Delhi High Court found that the Assistant Controller evaluated the application based on claims that had been waived by the appellant, leading to inconsistencies in the refusal order.
M/S Khubsons Electronics Llp Through Its Partner Mr. Bharat Khubchandani v.Mr. Gautam Puniani Trading As Yk Enterprises
In a case concerning trademark infringement, the Delhi High Court formalized an amicable settlement between M/S Khubsons Electronics Llp (Plaintiff) and Mr. Gautam Puniani Trading As Yk Enterprises (Defendant). The parties agreed that the Defendant infringed upon the Plaintiff's well-known trademarks (TAKAI / HAK), acknowledged their rights, and committed to ceasing all use of similar marks. The court decreed the suit based on these terms, which included the cancellation of the infringing trademark and a payment of liquidated damages.
Avago Technologies International Sales Pte. Limited v.Tesla Germany GmbH
In this procedural ruling, the UPC Local Chamber addressed a request for protective measures concerning confidential business information submitted by Tesla entities. The court found that specific operational and financial data provided by the defendants—such as average selling prices and vehicle allocation details—were genuinely sensitive and not publicly available. This decision reinforces the importance of Rule 262A EPG VerfO, providing a crucial mechanism for parties to safeguard proprietary information during complex patent litigation.
Skoda Auto A.S. v.M.R.Sanjeevi
Skoda Auto A.S. filed a suit against M.R. Sanjeevi and others, alleging infringement and passing off concerning its well-known trade mark 'SKODA' and its logo. The plaintiff sought permanent injunctions and damages for unauthorized use of similar marks. However, on the date of hearing (June 11, 2024), the court noted that the plaintiff had failed to file the required proof affidavit for chief examination as directed by the Court. Consequently, the suit was dismissed for default.
NanoString Technologies Europe Limited v.President and Fellows of Harvard College
In this UPC decision concerning a revocation action, the Court addressed a request by NanoString Technologies Europe Limited to release a security deposit imposed for legal costs. Despite arguing that its financial situation had improved through acquisition by Bruker Corporation and the reversal of an injunction, the Claimant's request was rejected. The court held that as long as the initial decision is subject to appeal, the Defendant's interest in protecting potential cost recovery remains valid, regardless of the Claimant's corporate structure or solvency claims.
V.Sundaresan & Ors. v.Varalakshmi Starch Industries Pvt. Ltd., & Anr.
The Madras High Court addressed multiple appeals and petitions concerning a trademark infringement dispute over the 'Varalakshmi' brand name used for sago/sabudana products. Recognizing the overlap between the appellate issues and the main suit, the Court directed the Commercial Court to expedite the original trademark suit within 16 weeks. Crucially, while vacating previous stays on proceedings, the High Court ensured that the existing interim order from the lower court would remain in effect until the final judgment of the main suit.
Headwater Research LLC v.Motorola Mobility LLC, Motorola International Sales LLC, Motorola Mobility Germany GmbH, Digital River Ireland, Ltd., Flextronics International Europe B.V.
In a procedural ruling, the UPC Local Division Munich addressed an issue where the claimant initially misidentified one of its defendants as 'Lenovo EMEA DC' instead of 'Flextronics International Europe B.V.'. The respondents argued that this error rendered the claim inadmissible against that party. However, the court found that this was merely a naming error and not a fatal procedural defect. Consequently, the court corrected the defendant's name and address, ordered re-service of the claim, and allowed the infringement proceedings to continue.
NJOY Netherlands B.V. v.Juul Labs International, Inc.
This UPC Court of Appeal decision addressed a procedural appeal concerning the rectification of a defendant's name in five revocation actions. The appellant, Juul Labs International, Inc., challenged the lower court's order to correct a clerical error regarding its corporate name. The Court rejected the appeal, affirming that the initial correction was appropriate. Crucially, the ruling also provided guidance on costs, stating that since this is not a final decision on the merits of the revocation actions, no cost orders will be issued at the appellate level.
Jabir Hussain Trading As M/S Hakeem Hotel v.Ali Asgar Trading As M/S. Hakeem Restaurant
The Delhi High Court allowed an appeal filed by Jabir Hussain (M/S Hakeem Hotel) against a Commercial Court's decision to return its trademark infringement plaint. The appellant sought permanent injunction against the respondent for infringing and passing off their registered trademarks in North West Delhi. The High Court ruled that since the plaintiff pleaded both existing operations via e-commerce platforms within Delhi's jurisdiction, and an imminent threat of physical expansion into Delhi, a valid cause of action existed within the territorial limits. Consequently, the Commercial Court's order returning the plaint was set aside, and the suit was restored.
Mammut Sports Group AG v.Ortovox Sportartikel GmbH
This UPC appeal decision addressed procedural matters within a patent infringement case involving Mammut and Ortovox regarding an LVS device (EP 3 466 498). The court focused heavily on the scope of appeals concerning interim measures, clarifying that arguments must be clearly presented in the initial filing. While the core dispute was about patent validity/infringement, the ruling ultimately dismissed Mammut's appeal and ordered them to cover additional provisional costs.
Koninklijke Philips N.V. v.Shenzhen Yunding Information Technology Co., Ltd.
Koninklijke Philips N.V. successfully obtained a provisional injunction against Shenzhen Yunding Information Technology Co., Ltd. (Oclean) in the UPC regarding its electric toothbrush patent EP3197316. The case centered on whether Oclean's toothbrushes infringed claims related to providing motivational feedback based on brushing data. Although the court granted the immediate cessation order, it stipulated that main proceedings must be initiated promptly, highlighting the procedural requirements for provisional measures in UPC litigation.
Microsoft Technology Licensing, LLC. v.The Assistant Controller of Patents & Designs
Microsoft Technology Licensing appealed the dismissal of its patent application (No. 4866/CHENP/2015) by the Assistant Controller of Patents & Designs. The rejection was based on alleged non-filing of Form-3, coverage by the original application, and exceeding the specification. The High Court allowed the appeal, finding that the Controller had not applied its mind to the facts, and remanded the matter for fresh consideration.
Abbott Diabetes Care Inc. v.Sibio Technology Limited; Umedwings Netherlands B.V.
This UPC Court of Appeal decision addressed an application for suspensive effect concerning provisional measures granted by the CFI. The core issue was whether the CFI's finding that Ireland was a Contracting Member State justified granting the injunction there. The court ruled this reasoning was manifestly erroneous, as Ireland had not ratified the UPCA. Consequently, it partially granted the request for suspensive effect only regarding the Irish territory.
Phoenix Contact GmbH & Co. KG v.Industria Lombarda Materiale Elettrico I.L.M.E. S.p.A.
This UPC decision addressed an application for access to court files filed by Harting Electric Stiftung & Co. KG (the applicant) in a case involving infringement and opposition proceedings related to EP 3 602 692. The core dispute was whether the applicant, who is also involved in national litigation concerning derivative utility models, had a right to review evidence from the main UPC infringement suit. The court ultimately granted access, establishing that parties in ongoing opposition proceedings have a legitimate interest in reviewing relevant case materials for proper defense and representation.
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