IP Cases — 2024
1,677 decisions across all jurisdictions
Page 43 of 56 · 1,677 total
INCYTE HOLDINGS CORPORATION v.DR REDDYS LABORATORIES LIMITED
The plaintiffs filed a suit seeking permanent injunction against the defendant for infringing copyright. The defendant raised defenses regarding service of documents and asserted that its activities are limited to permissible uses under Section 107A of the Patents Act, 1970.
Opella Healthcare Group v.Vaibhav Vohra & Anr.
The Delhi High Court ruled in favor of Opella Healthcare Group, ordering the cancellation of a competing trademark and copyright held by Vaibhav Vohra & Anr. The court found that the respondent's mark 'PHENSERYL' was phonetically and visually deceptively similar to the petitioner’s long-established mark 'PHENSEDYL,' leading to potential consumer confusion in the pharmaceutical sector. Furthermore, the court cancelled the associated copyright registration due to substantial imitation of the petitioner's original artistic packaging.
Just Lime My Child Foundation v.The Registrar of Trade Marks
The Madras High Court allowed an appeal filed by Just Lime My Child Foundation against the Registrar of Trade Marks' decision to refuse registration of the word mark 'GIRL POWER PROJECT.' The court found that the Respondent erred by dissecting the composite mark and incorrectly deeming it descriptive. Crucially, the court emphasized that a composite mark must be evaluated as a whole, not in isolation, thereby upholding the distinctiveness of the foundation's brand.
Panasonic Holdings Corporation v.Guangdong OPPO Mobile Telecommunications Corp. Ltd.
In this UPC decision, the court addressed a procedural dispute regarding the submission of pleadings in an infringement case. The respondents sought extensions for their reply and rejoinder, citing redacted documents from the claimant's initial filing. However, the court rejected these requests, establishing a strict rule that placeholders via redactions are procedurally unacceptable. This ruling emphasizes the importance of full transparency and timely disclosure of all arguments to ensure a fair defense process in UPC litigation.
NEC Corporation v.TCL Deutschland GmbH & Co. KG
This procedural order addressed a request for protection of confidential information filed by several TCL entities in an infringement action against NEC Corporation. The UPC Court confirmed the confidentiality status of sensitive documents related to FRAND negotiations and counterclaims. The ruling sets out strict rules governing who can access this proprietary data, ensuring that it is only used within the scope of the litigation. This decision reinforces the procedural mechanisms available under the UPCA for protecting trade secrets during complex patent disputes.
Rajesh Jain v.Amit Jain & Another
The Delhi High Court dismissed the plaintiff's appeal challenging the refusal to grant discovery of documents. The suit involves trademark infringement and passing off, where defendants raised a defense of distinctiveness. The court ruled that since the sought-after documents were primarily intended to rebut an earlier application (under Order 39 Rule 4 CPC) which was decided nearly ten years prior, they lacked relevance at the current stage of the proceedings. Consequently, the plaintiff must rely on other evidence to prove their case.
Malpani Enterprises v.Registrar Of Trade Marks
The Delhi High Court ruled in favor of Malpani Enterprises, directing the Registrar of Trade Marks to accept and proceed with its Notice of Opposition. The core issue was a technical glitch in the online filing portal which prevented the petitioner from meeting the deadline. Given that the respondent admitted the statutory period had not lapsed, the court held that a party should not suffer due to administrative or technical failures, thereby setting aside the rejection letter.
Master Arnesh Shaw v.Union Of India & Anr.
The petition addressed the extremely cumbersome and long-drawn process for procuring rare disease medicines on a patient-by-patient basis. The court directed M/s. Sarepta Therapeutics to place on record a general bulk procurement process and provide details of all its granted patents and patent applications filed in India concerning DMD patients.
Regeneron Pharmaceuticals Inc. v.Amgen Inc.
In a significant UPC decision, the Central Division revoked European Patent 3 666 797 B1, which covers PCSK9 inhibitors used for cholesterol reduction. The case involved Regeneron Pharmaceuticals Inc. and Amgen Inc., both major players in the biotech drug market. While the patent was successfully challenged and revoked, the court also ruled on costs, awarding a substantial sum to the successful Claimant (Regeneron). This ruling underscores the high stakes of UPC revocation actions in the competitive pharmaceutical landscape.
R J Reynolds Tobacco Company (Sr ...) v.The Controller General Of Patents Designs and Trademarks
R J Reynolds Tobacco Company filed an appeal against a refusal order issued by the Assistant Controller of Patent and Designs. The company, citing procedural difficulties inherent to being a foreign entity, sought condonation for a two-month delay in filing the appeal. The Calcutta High Court accepted the grounds presented, finding sufficient cause for the delay.
Mountain Valley Springs India Private Limited v.Baby Forest Ayurveda Private Limited & Ors.
The Delhi High Court addressed an interim injunction application concerning trademark infringement between Mountain Valley Springs India Private Limited (Plaintiff) and Baby Forest Ayurveda Private Limited (Defendant). While the Plaintiff presented extensive evidence of market presence, sales, and potential consumer confusion regarding the marks 'FOREST ESSENTIALS' and 'BABY FOREST', the court ultimately dismissed the applications seeking an injunction against the use of the latter. The judgment emphasized the need for a composite assessment, referencing the established 'Pianotist test,' to determine likelihood of confusion.
Titan Paints And Chemicals Private Limited v.M/s.Titan Company Limited Integrity
In a trademark rectification case, Titan Paints And Chemicals Private Limited sought to register its mark against an existing registration held by M/s.Titan Company Limited Integrity. Initially, the respondent opposed the petition based on deceptive similarity and infringement concerns. However, during the proceedings, the first respondent withdrew its objection regarding the petitioner's use of the mark under clause 2. Consequently, the Madras High Court directed the Registrar to consider the petitioner's application anew (de novo), effectively clearing the path for registration.
Uzdaroji Akcine Bendrove (Uab) Baltijos Mineraliniu Vandenu Kompanija v.Mr. Sahil Tandon Trading As A And Z Exports International & Anr.
The Delhi High Court allowed the petition filed by Uzdaroji Akcine Bendrove (UAB) against Mr. Sahil Tandon, leading to the cancellation of a registered trademark for 'TICHE' in Class 32. The court found that UAB was the prior and legitimate adopter of the mark since 1998, citing extensive international use and evidence of trans-border reputation spilling over into India. The judgment underscores the importance of proving prior usage and bona fide adoption when challenging a trademark registration.
Astrazeneca Ab & Anr. v.Westcoast Pharmaceutical Works Limited
Astrazeneca filed suit against Westcoast Pharmaceutical Works Limited alleging infringement of its patent (IN 297581) covering the cancer drug Osimertinib. The plaintiffs sought permanent injunctions and damages, asserting that the defendant's offer to contractually manufacture and sell the patented compound constituted infringement. Despite initial defenses by the defendant regarding regulatory approval issues, the court found that due to the defendant's failure to file a written statement within the statutory period, the suit was decreed in favor of AstraZeneca, granting them relief and substantial costs.
DexCom, Inc. v.Abbott Logistics B.V.
In this procedural order, DexCom sought to introduce a decision from the Munich Regional Court concerning its parent patent (EP'158) into the ongoing UPC infringement action regarding EP'282. While the UPC acknowledged that case management powers are available at late stages, the court ultimately dismissed DexCom's application. The ruling emphasized that merely referencing related proceedings is insufficient; the external decision must be directly relevant to the patent in suit and its validity on the merits.
Kudos Pharmaceuticals Limited v.Natco Pharma Limited
Kudos Pharmaceuticals Limited, the registered proprietor of Indian Patent IN 228720 for 'Phthalazinone derivative' (Olaparib), filed a suit against Natco Pharma Limited alleging infringement due to Natco manufacturing and selling its generic version under the brand name BRACANAT. Kudos sought a permanent injunction, and subsequently an interlocutory injunction.
National Stock Exchange of India Ltd. v.Meta Platforms, Inc. & Ors.
The Bombay High Court issued an interim order in favor of the National Stock Exchange of India (NSE) against Meta Platforms Inc. and other social media intermediaries. The court addressed urgent concerns regarding sophisticated AI-generated 'deepfake' videos impersonating the NSE's MD & CEO, which were used to promote fraudulent stock picking schemes. The order mandates that the platforms immediately remove these unauthorized deepfakes and infringing content, while also compelling them to disclose details of the unknown perpetrators involved in the misuse of the NSE trademark.
Neetha Madala (Proprietor of M/s.Harsha Hospitals) v.The Registrar of Trade Marks
The Madras High Court allowed Neetha Madala's appeal against the Registrar of Trade Marks, setting aside an earlier refusal to register her device mark 'HARSHA HOSPITALS'. The court found that the Registrar had issued a cryptic, non-speaking order without clearly explaining how the mark infringed Sections 9 or 11 of the Act. Furthermore, the court noted that the appellant had subsequently registered other marks, strengthening her claim for distinctiveness in her specific class (Class 44). Consequently, the application was restored and directed to proceed with the trademark registration process.
Aryan Educational Society v.C.D. Goyal Foundation
In this trademark dispute, the Delhi High Court addressed several interlocutory applications filed by Aryan Educational Society against C.D. Goyal Foundation. The court allowed the plaintiff's request for an ad-interim injunction notice, noting that the defendant was allegedly using a similar mark ('The Aryan School') in Haryana despite the plaintiff holding a registered trademark. Furthermore, the court formally registered the suit and granted various procedural exemptions to facilitate the ongoing litigation.
Dark Brown Through Proprietor v.State Of Haryana And Others
The Punjab-Haryana High Court addressed a petition filed by Dark Brown Through Proprietor alleging trademark infringement by Respondent No. 6, noting that local police authorities had failed to act on the petitioner's complaint. While not delving into the merits of the infringement claim itself, the court issued a directive compelling Respondents No. 2 and 3 (police/authorities) to consider and decide the petitioner's representation within two months. This order serves as an administrative nudge to ensure timely action against alleged IP violations.
Loreal India Pvt Ltd v.Rajesh Kumar Taneja Trading As Innovative Derma Care and Anr
The Delhi High Court dismissed an appeal filed by Loreal India Pvt Ltd seeking the cancellation of the trademark 'CLARIWASH' registered in favor of Rajesh Kumar Taneja. Loreal argued that its predecessor used formative marks like 'CLARI-FI' and 'CLARIMOIST' prior to the registration, claiming deceptive similarity and prior use. However, the Court found no grounds to interfere with the original judgment, noting that the application was filed over 14 years ago and procedural errors alone were insufficient basis for cancellation.
Niranjan Arvind Gosavi v.Innovatiview India Private Limited
The plaintiffs allege that the defendant's technology infringes on their patent, which is related to a tender issued by the National Testing Agency. The plaintiffs seek to compare their patented technology with that of the defendant.
Pfizer Inc v.GlaxoSmithKline Biologicals SA
In a procedural order, the UPC Central Division rejected GlaxoSmithKline's preliminary objection challenging its competence to hear the revocation action against Pfizer regarding EP4183412. Glaxo argued that a parallel infringement suit before the Düsseldorf Local Division conflicted with procedural economy principles. The Court ruled in favor of Pfizer, affirming the Milan Central Division's jurisdiction and allowing the revocation proceedings to continue. This decision clarifies the scope of competence under the UPC when multiple actions concerning the same patent are pending across different divisions.
Daikin Industries Ltd v.Controller of Patents and Designs
Daikin Industries Ltd appealed the rejection of its patent application for a 'Fluorinated Polymer and Surface Treating Agent Composition' by the Controller of Patents and Designs. The appellant argued that the controller had cherry-picked claims and failed to address the final amendments, leading to an avoidable litigation. The High Court allowed the appeal.
Panasonic Intellectual Property Management Co. Ltd. v.Controller of Patents and Designs, Government of India
Panasonic Intellectual Property appealed the rejection of its patent application (No.8954/CHENP/2014) concerning an ARC-Welding method and apparatus. The appeal challenged the Controller's decision, arguing that the rejection based on lack of inventive step was not adequately reasoned or explained in the impugned order.
Januki Kumari J.B. Rana And Ors v.M/S Modern Industries And Ors
The plaintiffs, partners in M/s Kiran Shoes Manufacturers (Nepal), filed a suit seeking permanent injunction against the defendants for manufacturing and selling counterfeit sports shoes under the plaintiff's registered trademark "GOLDSTAR". The court found that the defendants were infringing the trademarks by using identical or deceptively similar marks on their products. Consequently, the suit was decreed with an injunction and costs awarded to the plaintiffs.
Klf Nirmal Industries Pvt Ltd v.Mr. Johnson Varghese
The appellant filed a commercial appeal challenging the refusal by the lower court to grant an ex-parte interim injunction and appoint a local commissioner regarding alleged copyright infringement and passing off. The High Court examined the provisions of Section 13 of the Commercial Courts Act, 2015. It held that since the order refusing the injunction was not specifically enumerated under Order XLIII CPC, the appeal was not maintainable and consequently dismissed.
10x Genomics, Inc. v.Curio Bioscience Inc.
This UPC Court of Appeal decision clarifies the scope and persistence of confidential information protection orders (R.262A RoP) across different procedural stages. The court held that confidentiality obligations established by the CFI remain fully effective in subsequent appeal proceedings, negating the need for redundant protective measures. This ruling provides clarity on how parties must manage sensitive evidence when appealing decisions.
Grm Foodkraft Pvt Ltd And Anr v.Ks Agro Impex And Anr
The Delhi High Court granted an ex-parte ad interim injunction in favor of Grm Foodkraft Pvt Ltd against Ks Agro Impex. The court found that the defendant's use of a nearly identical packaging and mark ('ZARDA SPECIAL') created a significant likelihood of consumer confusion with the plaintiff's 'Zarda King' product. This ruling protects the plaintiff's trade dress, which was deemed both an original trade dress under the Trade Marks Act and an original artistic work under the Copyright Act.
Master Drashtant Jhala Through His Next Friend and Natural Father Sh. Jaydeep Singh Jhala v.Union of India & Anr.
The petition addresses the extremely cumbersome and long-drawn process for procuring rare disease medicines on a patient-by-patient basis. The court directed M/s. Sarepta Therapeutics to place on record a general bulk procurement process and provide details of all its granted patents and patent applications in India related to DMD patients.
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