IP Cases — 2024
1,677 decisions across all jurisdictions
Page 50 of 56 · 1,677 total
Macleods Pharmaceuticals Ltd. v.Alkem Laboratories Ltd. & Anr.
Macleods Pharmaceuticals filed an application seeking permission from the Delhi High Court to initiate trademark rectification proceedings against Alkem Laboratories. The core issue was challenging the validity of the Defendant's registered mark, ALSITA, in Class 5. The court accepted notice and scheduled the matter for further hearing, allowing the parties time to file their respective responses.
Puneet Chhabra Proprietor Of Rama Wire Industries v.Kewal Krishan Bansal Proprietor Of M/S Vee Pee Bansal And Company
The Delhi High Court dismissed an appeal filed by Rama Wire Industries (the appellant) seeking interim protection against a suit brought by Vee Pee Bansal and Company (the respondent). The core dispute involved allegations of trademark infringement, passing off, and copyright infringement. The court found that the appellant's claim to hold a copyright in its mark was dishonest, noting the striking similarity between the marks. Consequently, the court declined to grant any interim order in favor of the appellant.
E R Squibb And Sons Llc v.Beacon Pharmaceuticals Limited
The Plaintiffs filed a suit alleging that the Defendants were infringing their Indian Patent No. 340060, which covers the drug Nivolumab. The court examined the patent's validity and prima facie case before issuing interim directions.
Archidply Industries Limited v.Archit Nuwood Industries Private Limited
The Delhi High Court addressed several applications in the trademark infringement suit filed by Archidply Industries Limited against Archit Nuwood Industries Private Limited. While granting minor procedural exemptions and directing the transfer of court fees, the Court primarily focused on moving the main dispute forward. The matter was formally registered as a suit for infringement and passing off under the Trademarks Act, 1999, and subsequently referred to the High Court's Mediation Centre to explore an out-of-court settlement.
Swiss Bike Vertriebs Gmbh Subsidiary Of Accell Group v.Reliance Brands Limited (Rbl)
The Delhi High Court addressed preliminary objections and the merits of a trademark infringement suit filed by Swiss Bike Vertriebs Gmbh against Reliance Brands Limited. The plaintiff alleges that the defendant's use of 'RALLEYZ' is confusingly similar to its registered mark 'RALEIGH' on identical goods (bicycles). While dismissing initial procedural challenges, the court directed both parties to file detailed affidavits and pleadings regarding the core issues of similarity and prior usage, setting the stage for further substantive hearings.
Frhi Hotels & Resorts S.A R.L. v.Vishwaratna Hotel Pvt Ltd
The Delhi High Court granted an ex parte ad interim injunction in favor of Frhi Hotels & Resorts S.A R.L. against Vishwaratna Hotel Pvt Ltd. The court found that the plaintiff, owner of the well-known trademark 'FAIRMONT', had made out a prima facie case for infringement. This order specifically restrains the defendant from using 'FAIRMONT' or any deceptively similar mark in connection with their hotel properties, including the disputed 'OCTAVE FAIRMONT SUITES'. The ruling underscores the immediate protection available to brand owners against unauthorized use of their trademarks.
Pfizer Inc. v.Everest Pharmaceuticals Limited
The plaintiffs, Pfizer Inc. and its subsidiaries, filed a suit alleging that the defendants unlawfully manufactured, sold, and exported the infringing product 'Tofaxen', which is a generic version of their patented drug Tofacitinib (Xeljanz®). The court found that the defendants collectively infringed the suit patents while they were valid and subsisting. However, since the patents had expired during the pendency of the suit, the plaintiffs did not press for permanent injunction but secured a decree in terms of prayer clause 57(e).
Qualcomm Technologies Inc. v.Deputy Controller of Patents & Designs
Qualcomm Technologies Inc. appealed a rejection order by the Patent Controller regarding its patent application for a live scene recognition system that filters objectionable content before recording. The Controller rejected the claim based on lack of inventive step, citing two pieces of prior art (D1 and D2).
M/S Avon Automotive And Ors v.M/S Avon Cycles Limited
The Delhi High Court granted a stay on an earlier injunction restraining M/S Avon Automotive And Ors from using trademarks like 'AVON' in connection with cycles and related goods. The court recognized the appellants' claims of long-standing usage since 1980, despite the initial order being passed ex parte based on trademark registration details. This interim relief allows the appellants to continue their trade operations while the full merits of the infringement dispute are heard.
Duke University v.Deputy Controller of Patents & Design
Duke University appealed the rejection of its patent application for 'LASOFOXIFENE TREATMENT OF ER+ BREAST CANCER' by the Deputy Controller. The Controller rejected the application, citing prior art and statutory objections (Sec. 2(1)(ja) and Sec. 3(i)), without permitting the appellant to amend its claims as requested.
Ceat Limited v.The Registrar Of Trade Marks
The Delhi High Court dismissed Ceat Limited's appeal challenging the rejection of its trademark application 'FARMAX'. The court found that the appellant failed to adequately explain a significant delay in filing the appeal, rendering the condonation plea specious. Furthermore, on the merits, the court held that 'FARMAX' was structurally and phonetically similar to existing marks ('FORMAX' and 'FARMOX') registered for related goods (vehicles/tractors), creating a strong likelihood of consumer confusion.
Charles And Keith International Pte Ltd v.Ambud Sharma & Anr.
The Delhi High Court ruled in favor of the fashion house Charles And Keith, directing the cancellation of a similar trademark registration held by the respondent. The petitioner successfully argued that its established brand 'CHARLES & KEITH' and abbreviation 'C&K' was well-known and used extensively across various classes, including Class 09 for masks. Given the similarity and the petitioner's prior use, the Court cancelled the respondent's mark in Class 09, despite it being filed on a 'proposed to be used' basis.
Manish Vanigota v.Commissioner of Customs Nagpur
The appeal challenged the absolute confiscation of goods and penalties imposed by the Commissioner of Customs, Nagpur. The case involved various consignments containing prohibited items, including those infringing intellectual property rights, cosmetics, and pharmaceutical products. The Tribunal set aside several penalties, finding that the adjudicating authority failed to elaborate on the specific prescriptions violated.
Koninklijke Philips N.V. v.Shenzhen Yunding Information Technology Co., Ltd
This UPC decision addresses a procedural matter concerning the reimbursement of court fees following the withdrawal of an application for interim measures related to patent infringement (EP 3 197 316). The Court ruled that despite Rule 370(9)(b) VerfO explicitly referencing 'Klage' (action), it could be analogously applied to provisional measure applications. This ruling fills a regulatory gap, confirming that the incentive structure for early case termination—where fees are partially refunded based on when the application is withdrawn—applies consistently across different types of UPC proceedings.
Radha Kishan Agarwal & Anr. v.M/S Ignyt Electricals
The Delhi High Court addressed an appeal filed by Radha Kishan Agarwal & Anr. challenging a Commercial Court order that had restricted their use of the trademark 'IGNYT' due to alleged infringement on M/S Ignyt Electricals' registered mark 'IGNYT'. The appellants argued they were merely distributors of genuine goods and sought permission to sell their existing stock. While the High Court noted procedural gaps in the lower court's decision, it deferred a final ruling on the stay application, listing the matter for further instructions from both parties.
Vidli Restaurants Limited v.Alok Sovind Chandewar
Vidli Restaurants Limited filed a Commercial Arbitration Application seeking dispute resolution related to its Franchise Agreement with Alok Sovind Chandewar. The core of the dispute involved Vidli alleging that the Respondent was using a deceptively similar mark, constituting trademark infringement post-termination of the agreement. However, the Bombay High Court dismissed the application, ruling that since Vidli was merely a licensee and not the owner of the trademarks, it lacked the legal standing to initiate arbitration over the alleged infringement.
Galatea Ltd. v.The Controller of Patents
Galatea Ltd. appealed a rejection by the Indian Patent Office regarding its national phase application for 'A method for evaluation of a gemstone'. The rejection was based on lack of inventive step and insufficient disclosure, despite multiple pre-grant oppositions citing prior art. The Madras High Court set aside the impugned order, directing that the patent proceed to grant after specific amendments were made to address clarity issues.
Electronica India Ltd. v.Electronica Hitech Machines Pvt. Ltd.
The Bombay High Court ruled in favor of Electronica India Ltd., setting aside the Registrar of Trade Marks' communications that allowed a subsequent proprietor (Electronica Hitech Machines Pvt. Ltd.) to record ownership via Form TM-24. The court found significant procedural flaws, including the lack of a speaking order and discrepancies in official records. Consequently, the matter was remanded back to the Registry for fresh consideration, ensuring the Petitioner is given a full opportunity to be heard before any decision is made.
Kao Corporation v.The Controller Of Patents & Anr.
Kao Corporation appealed a rejection order issued by the Controller of Patents concerning its patent application No. 5945/DELNP/2009. The appellant argued that the Controller's observation contradicted previous hearing notices and written submissions, specifically regarding industrial applicability under Section 2(1)(ac) of the Patents Act, 1970.
ICPillar LLC v.Arm Limited, Apical Limited, Simulity Labs Limited, SVF Holdco (and other ARM group companies)
In a procedural order concerning an infringement action against the ARM group, ICPillar LLC successfully petitioned the UPC Court of First Instance for permission to use an alternative method of service for four UK-based defendants. Since standard international service was pending, the claimant used courier services and bailiff reports to prove delivery. The court accepted this 'good service' request, confirming that procedural flexibility is available when ensuring timely notification in complex cross-border cases.
10x Genomics, Inc. v.NanoString Technologies Inc.
This UPC Court of Appeal decision addressed a request to suspend infringement proceedings due to the insolvency filing (Chapter 11) of one of the defendants. The court rejected the suspension request, establishing a key principle that procedural efficiency and fairness outweigh automatic suspension when the bankruptcy occurs after the oral hearing and the case is ready for judgment. This ruling provides clarity on how UPC procedures interact with foreign insolvency laws.
M/s.Guangzhou Ocusun Ophthalmic Biotechnology Company Limited v.Joint Controller of Patents & Designs
The appeal challenged the rejection of Patent Application No. 202147005676 for a crystal form of lanosterol prodrug compound. The appellant argued that the invention exhibited significant therapeutic efficacy, particularly in reducing cataract symptoms in neonatal rabbits. The High Court found that the impugned order failed to properly consider the experimental data demonstrating pharmacodynamic studies and set aside the rejection, remanding the matter for reconsideration.
Taco Bell Corp. v.Tamoghna Foods & Enterprises
The Delhi High Court allowed Taco Bell Corp. to withdraw its rectification petition against Tamoghna Foods & Enterprises' trademark registration, provided the latter adheres to a binding undertaking. Tamoghna had previously initiated opposition proceedings against Taco Bell’s 'TACO SUPREME' mark despite limitations on their own registered device mark. The court accepted Tamoghna's commitment to cease all oppositions and cancellations related to 'TACO SUPREME', allowing the petition to be disposed of while preserving rights for future action in case of breach.
The Motor And General Finance Limited v.A.S. Enterprises, Partnership Firm
The Delhi High Court granted an interim injunction in favor of The Motor And General Finance Limited against A.S. Enterprises, Partnership Firm regarding trademark infringement. The court found that the defendant's use of 'MGF INDIA' was phonetically and deceptively similar to the plaintiff's established trademark 'MGF'. Given the prima facie case for infringement and the risk of irreparable loss, the court restrained the defendant from using the infringing marks until the final hearing.
Valeo Electrification v.Magna International France, SARL; Magna PT B.V. & Co. KG; Magna PT s.r.o.
This procedural order from the Düsseldorf Local Division addressed a request by Valeo Electrification to lift an existing confidentiality order concerning EP 3 320 602 B1. The Court upheld the protection of confidential information, classifying specific documents submitted by the Defendants (Magna entities) as trade secrets under Article 58 UPCA. Consequently, the Applicant's request to remove these restrictions was dismissed, reinforcing the importance of maintaining confidentiality in UPC proceedings.
Abhishek Kumar Goyal v.M/S Diyaa Enterprises & Anr.
The Delhi High Court allowed an appeal filed by the appellant against a Hearing Officer's decision in a trademark opposition case concerning detergent products. The court found that the original officer erred by comparing the respondent's mark with only the appellant's word mark, ignoring the appellant's prior device mark which was on record and presented during hearings. Consequently, the High Court set aside the impugned order and remanded the matter back to the Registrar of Trade Marks for a fresh, de novo hearing.
TOTAL SEMICONDUCTOR, LLC v.Texas Instruments Deutschland GmbH; Texas Instruments EMEA Sales GmbH
This UPC Court of Appeal decision addressed a procedural challenge regarding the scope of judicial competence, specifically whether a judge-rapporteur can unilaterally impose security for costs and deny leave to appeal. The court ruled that while case management orders are generally not directly appealable, the underlying issue raised an important access to justice question about judicial authority. By allowing limited leave to appeal on this procedural point, the Court ensured that fundamental questions of procedure could be addressed by a panel.
Nnova And Company v.Nitin Gupta Trading As Krishna Agencies
The Delhi High Court allowed a rectification petition following a settlement between Nnova And Company and Nitin Gupta Trading As Krishna Agencies. The court cancelled the registered trademark 'GLOWNOWO' (No. 3830607) in Class-03, which was deemed deceptively similar to the petitioner's mark NOVA. In exchange, the respondent agreed not to use any confusingly similar marks and committed to using a specific label format for 'Glownow', ensuring distinctiveness from the original brand.
Edwards Lifesciences Corporation v.Meril GmbH, Meril Life Sciences Pvt. Ltd., Meril Italy S.r.l.
In this procedural order, the UPC Court of First Instance addressed a request by the defendants for an extension to file their Statement of Defence (SoD). The defendants argued that the recent change in the language of proceedings from German to English justified the delay. However, the court rejected this request, emphasizing that deadline extensions must be granted only under exceptional circumstances. This ruling reinforces the UPC's commitment to maintaining procedural efficiency while acknowledging the need for fair trial rights.
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, Beijing Xiaomi Mobile Software Co. Ltd., Xiaomi Communications Co., Ltd., Xiaomi H.K. Limited, Xiaomi Inc.
In a procedural ruling, the Mannheim Local Division of the UPC decided to consolidate an infringement lawsuit brought by Panasonic Holdings Corporation against various Xiaomi entities with their counterclaim for patent invalidity and FRAND licensing. The court emphasized that combining these proceedings would ensure efficiency and allow for a unified legal interpretation regarding both validity and infringement. This order sets the stage for the substantive examination of the dispute.
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