IP Cases — 2024
1,677 decisions across all jurisdictions
Page 25 of 56 · 1,677 total
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.
Daedalus Prime LLC v.Xiaomi Communications Co., Ltd.
This UPC Court of Appeal decision addressed a procedural request for an extension of time to lodge grounds of appeal in the main infringement proceedings (UPC_CFI_169/2024). Daedalus Prime LLC sought additional time, arguing the complexity of the legal issues and potential precedent implications. The Panel ultimately denied this request, reinforcing the principle that parties must present thorough arguments proactively rather than relying on procedural delays to gather external opinions.
Saregama India Limited v.Zee Entertainment Enterprises Limited
Saregama India Limited filed a declaratory suit under Section 60 of the Copyright Act, seeking protection against threats made by Zee Entertainment Enterprises Limited regarding copyright infringement. The core dispute involved Saregama claiming ownership over numerous sound recordings and literary works. However, when Zee subsequently initiated its own suit for copyright infringement against Saregama, the Delhi High Court held that this action brought the matter within the scope of the proviso to Section 60. Consequently, the initial declaratory suit filed by Saregama was rendered infructuous.
BITZER Electronics A/S v.Carrier Corporation
In this UPC decision, the court addressed a dispute over the scope of patent amendments during revocation proceedings. The respondent (Carrier Corporation) sought to amend the patent to include claims beyond those challenged by the claimant (BITZER Electronics A/S). The panel ultimately ruled that these non-challenged amendments were inadmissible. This reinforces the principle that defensive measures in UPC litigation must remain proportional and confined to the scope of the initial dispute.
Smt. Harbans Kaur / Gurmarg Appliances Pvt Ltd v.Ascent Electronics / Gurmarg Appliances Pvt Ltd
The Delhi High Court ruled decisively in favor of the original proprietor regarding the trademark 'TANASHI'. The court found that the plaintiff had established prior rights through long-standing use dating back to 1993, despite subsequent registrations by the defendant. Crucially, the court held that a distributor is merely a permissive user and cannot claim proprietary rights over a mark belonging to the original owner. Consequently, the suit for infringement was decreed, and the defendant's conflicting trademark registration was cancelled.
Network System Technologies LLC. v.Volkswagen AG
This UPC Court of Appeal order addresses a procedural motion in an appeal concerning security for costs. Volkswagen AG successfully requested permission to submit additional written pleadings, arguing the need to correct facts presented by Network System Technologies LLC (NST). The court granted this request, allowing both parties to exchange further statements before closing the written procedure. This highlights the UPC's willingness to maintain a dynamic procedural environment to ensure all relevant factual and legal points are addressed.
Pushpendra Patel & Anr. v.Amazon Seller Services Pvt Ltd & Anr.
The Delhi High Court granted interim relief to the plaintiffs, who are innovators in water purification systems. The court found a prima facie case suggesting that the defendant's trademark complaint was fraudulent and based on copied designs. Consequently, the court directed Amazon Seller Services (Defendant No. 1) to immediately re-list all de-listed product postings belonging to the plaintiff, while also restraining future arbitrary de-listings.
A.L.M.Holding Company v.Assistant Controller of Patents and Designs, Government of India
A.L.M.Holding Company appealed the Patent Controller's rejection of its application for a cold-in-place recycling method, which was rejected on grounds of lacking inventive step. The core dispute centered on whether prior art citing heat-based processes could invalidate an invention that specifically operates without heat in key stages.
Ab Skf & Anr v.M/S Osaka International Inc. & Ors.
The Delhi High Court issued several orders in favor of Ab Skf & Anr, reinforcing existing injunctions while addressing new infringement concerns. The court directed a defendant involved in non-compliance with an earlier injunction to file a compliance affidavit regarding sales cancellations and refunds. Furthermore, based on evidence of counterfeit goods and domain squatting, the court ordered Defendant No. 12 (GoDaddy LLC) to immediately lock and suspend the infringing domain name 'www.skfsg.com', demonstrating proactive enforcement against trademark misuse.
Allied Blenders And Distillers Limited v.Tilaknagar Industries Limited & Ors
In a suit concerning alleged trademark, copyright, and passing off infringement, the Delhi High Court issued several procedural orders. Crucially, regarding the interim injunction application, the court accepted the defendants' commitment to immediately stop using the disputed label on new products as of December 26, 2024. This temporary relief is subject to the defendants exhausting their existing stock bearing the impugned label, which they must detail in an affidavit.
M/s.D.R.Raanka Bros v.Mr.Sumti A.Challani & M/s.Challani Ranka Jewellery
The Madras High Court allowed petitions filed by M/s. D.R. Raanka Bros seeking rectification of registered trademarks held by Mr. Sumti A. Challani and M/s. Challani Ranka Jewellery. The court found a 'striking similarity' between the petitioner's established marks (D.R./D.R.Raanka Bros) and the respondent's newly registered marks (C.R.J., C.R.), which were obtained after 2003. Consequently, the Registrar of Trade Marks was directed to rectify the register within three weeks.
Progress Maschinen & Automation AG v.AWM S.R.L.
This UPC CFI decision addressed a procedural application by the patent proprietor seeking access to expert reports gathered during provisional measures. The Court ruled against Progress Maschinen & Automation AG, finding that the applicant failed to initiate substantive proceedings within the mandatory timeframe established by the initial order. Consequently, the provisional measures were revoked and the request for report disclosure was dismissed. This case underscores the strict procedural requirements governing evidence preservation in UPC actions.
Syngenta Limited And Anr v.Gsp Crop Science Private Limited
The Delhi High Court issued an order in a patent-related suit, directing the appointment of a Scientific Advisor from IIT Delhi. The advisor is tasked with examining the manufacturing processes, sites, and chemical usage by the Defendant regarding DroneX and Azoxystrobin technical to assist the court in resolving complex technical issues.
F- Hoffmann -La Roche Ag v.Zydus Lifesciences Limited
The case involves allegations of patent infringement regarding product patent IN 268632 and process patent IN 464646.
Havells India Limited & Anr. v.Havai Home Products Pvt. Ltd. & Ors
The Delhi High Court has initiated proceedings in the suit concerning the alleged infringement of the 'HAVELLS' trademark. The court allowed several procedural applications filed by Havells India Limited, granting exemptions from pre-litigation mediation and advance service upon the defendants. Furthermore, the court registered the plaint seeking permanent injunctions for trademark infringement, passing off, and copyright violation, while also addressing an application for interim relief based on the plaintiff's well-known mark status.
Dr Reddys Laboratories Limited v.Dr Reddys Pathlabs Private Limited
The Delhi High Court found that Dr Reddys Pathlabs Private Limited was in prima facie contempt of a previous court order by expanding its operations under the 'DR. REDDY'S' mark, even if those new centers were directly owned rather than franchised. The Court ruled that the original undertaking to maintain status quo was intended to prevent any proliferation of business under the contested mark, regardless of ownership structure. Consequently, the Defendant was served with a show cause notice regarding contempt.
Draka Comteq B.V v.The Controller Of Patents, Designs And Trademarks
Draka Comteq B.V challenged the refusal of its patent application for 'Multimode Fiber' by the Controller of Patents and Designs. The rejection was based on lack of novelty and inventive step under the Patents Act, 1970. The High Court found that the original order lacked proper reasoning regarding how a person skilled in the art would move from existing knowledge to the subject invention. Consequently, the court set aside the refusal and remanded the matter back to the Patent Office for fresh consideration.
The Procter & Gamble Company v.Rspl Limited
The Delhi High Court allowed a rectification petition filed by The Procter & Gamble Company against Rspl Limited, directing the removal of the trade mark 'VINGS'. The court found that 'VINGS' was phonetically and identically similar to the petitioner's prior registered trademark 'WINGS', which covered identical goods (sanitary pads). Furthermore, the respondent failed to provide credible evidence of use for their mark during the application process. While the immediate rectification is granted, the broader issue regarding Rspl's descriptive use of 'with wings' remains open and will be decided in a separate suit.
MSG Maschinenbau GmbH v.EJP Maschinen GmbH
In this complex UPC case involving infringement and revocation, the central patent (EP 3 225 320 B1) was fully revoked by the EPO Board of Appeal prior to the final hearing. Consequently, the Local Division of Munich allowed the claimant to withdraw its infringement suit and declared the infringement proceedings terminated. The counterclaim for revocation was also dismissed as moot. This decision highlights how external events, such as patent revocation, can fundamentally alter the trajectory of UPC litigation.
Wyeth Llc v.The Controllers Of Patents
Wyeth LLC appealed an impugned order regarding its patent application. The core dispute revolves around amendments made by the appellant from a PCT application (claiming a 'regimen') to subsequent national phase applications (claiming a 'combination' and 'pharmaceutical pack'). Wyeth argues these amendments were within the scope of Section 59 of the Patents Act, 1970.
M/S G.K. Tobacco Industries Pvt. Ltd. v.M/S Aum Universal Inc. & Anr.
The Delhi High Court allowed M/S G.K. Tobacco Industries Pvt. Ltd.'s application seeking permission to introduce crucial new evidence into the ongoing trademark dispute. The plaintiff sought to file the official trademark registration certificate and status, which was granted after the initial opposition filed by the defendants was rejected. This ruling allows the plaintiff to strengthen its case for rectification in the suit.
Cosco India Ltd v.Varsha Sports
In a suit concerning the alleged infringement of its registered trademarks and copyright, Cosco India Ltd successfully moved an application before the Delhi High Court. The court allowed the plaintiff to introduce official certificates from the Trademark Registry into the record. This procedural step is crucial for establishing the validity and scope of the intellectual property rights at the nascent stage of the litigation.
Pernod Ricard India Private Limited v.Jagatjit Industries Limited & Ors.
Pernod Ricard India Private Limited filed petitions seeking the cancellation of a rival trademark registration, 'ROYAL PRIDE,' held by Jagatjit Industries Limited. The petitioner alleged that ROYAL PRIDE is deceptively similar to its prior and well-established mark, 'BLENDERS PRIDE,' and was being used illicitly to ride upon their goodwill. While some applications were disposed of after granting a 30-day extension for filing clear documents, the court proceeded with issuing notice in the main cancellation petition, setting the matter for further arguments.
Levi Strauss & Company v.Inder Mohan Chadha
Levi Strauss & Company filed a suit against Inder Mohan Chadha for infringement of its well-known trademarks, including 'Levi's' and the Two Horse logo. The plaintiff alleged that the defendant was clandestinely stocking, distributing, and selling apparels bearing falsified marks identical or deceptively similar to those registered by Levi Strauss & Company.
Equitas Small Finance Bank Limited v.3Sk Innovations Pvt. Ltd.
The petitioner invoked Section 64(1) of the Patents Act, 1970, to seek the revocation of Indian Patent 307627. The court granted exemption and issued notice to all respondents, directing them to file their replies within specified timelines.
Hp Organic Foods Private Limited v.Shree Khatu Shyam Agro Foods & Ors.
The Delhi High Court addressed several interlocutory applications in the trademark infringement suit filed by Hp Organic Foods Private Limited against Shree Khatu Shyam Agro Foods & Ors. The court allowed procedural exemptions for the plaintiff, including filing additional documents and waiving pre-litigation mediation. Crucially, regarding the injunction application (Order XXXIX), the court noted the plaintiff's claims of extensive sales and deceptive similarity in the 'INDANA FRESH' brand used by the defendants. The court directed notice to the defendants and mandated them to maintain detailed accounts of their product sales.
Bhabani Offset And Imaging Systems Pvt. Ltd v.Bhabani Graphics (Press) and 3 Ors.
The Gauhati High Court heard an appeal filed by Bhabani Offset And Imaging Systems Pvt. Ltd against Bhabani Graphics (Press) and others. The court admitted the appeal for hearing, directing the appellant to ensure proper service of notice on all respondents via registered post and other usual processes. The matter was subsequently listed after four weeks.
Sunita Jaykumar Patel & Anr. v.International Institute Of Pelvic Floor Research Rahab and Education & Ors.
This Gujarat High Court judgment addresses an appeal challenging a restrictive interim injunction granted in a trademark and copyright dispute. The parties reached a Memorandum of Understanding (MoU) to resolve key aspects of the conflict, specifically regarding the use of the 'V Care' mark and the scope of copyright protection for educational materials. Consequently, the court substituted the original injunction order with the terms agreed upon in the MoU, effectively settling the immediate dispute at the injunction stage.
Rxprism Health Systems Private Limited v.Canva Pty Ltd
The plaintiffs filed an application alleging that the defendant was non-compliant with a prior court order by promoting or advertising the 'Present and Record' feature on its global website, potentially inviting Indian users to circumvent restrictions using VPNs. The Court found that while the feature is not available for download in India (which constitutes compliance), the defendant must take steps to ensure customer care does not suggest or exhort users to use VPNs to access the feature.
Jk Lakshmi Cement Ltd. v.Kana Ram Kalirana & Anr.
The Gujarat High Court disposed of a rectification petition filed by Jk Lakshmi Cement Ltd. against Kana Ram Kalirana & Anr. The court noted that the parties had entered into a settlement in another suit, wherein Respondent No. 1 undertook to abandon the impugned trademark registration. Consequently, the court directed the Trade Marks Registry to expedite the processing of the withdrawal application filed by the respondent, effectively allowing the matter to be resolved through administrative action.
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