IP Cases — 2025
1,915 decisions across all jurisdictions
Page 38 of 64 · 1,915 total
M/s. The Sen Knitting Company v.K.S.Shenthil Kumar & The Registrar of Trademarks
The Madras High Court allowed an Original Petition filed by M/s. The Sen Knitting Company seeking rectification of a trademark registration. The court found that the impugned mark was deceptively similar to the petitioner's prior registered mark, 'SEN SPIN,' and was used for identical goods (garments). Given the petitioner's established history as the prior adopter and user, the court directed the Registrar of Trademarks to expunge the conflicting entry.
Brita SE v.AQUASHIELD EUROPE s.r.o., AQUASHIELD DACH GmbH, Gasmarine BV Srl, MGR26 Société à responsabilité limitée
In this procedural case, the UPC Local Division allowed Brita SE to withdraw its counterclaim for revocation against EP 2 387 547. Although a decision on the revocation claim had previously been rendered by the Panel, the court ruled that withdrawal was permissible because no final judgment existed and the appeal period remained open. This ruling emphasizes procedural flexibility within the UPC framework, allowing parties to adjust their litigation strategy even after initial rulings.
Adyar Gate Hotels Limited v.ITC Limited & Anr.
The Delhi High Court set aside an ex-parte interim injunction that had restrained Adyar Gate Hotels Limited from using the trademark 'Dakshin'. The court found that the Single Judge failed to appreciate that the appellant was independently using the mark since 2015 and had shifted premises recently. This decision allows the matter to proceed on merits, requiring the appellant to file a formal response before the case is heard fully.
M/S. SONA BEVERAGES PVT LTD v.THE COCA-COLA COMPANY AND ANR
The Calcutta High Court allowed a petition filed by M/S. Sona Beverages Pvt Ltd seeking the removal of the mark 'SIMBA' registered in favor of The Coca-Cola Company. The court found that the trademark, which had lapsed on February 24, 2020, was never renewed despite receiving official notices from the Registry. Consequently, the court directed the expunging of the expired registration.
Provivi, Inc. v.The Controller Of Patents And Designs
Provivi, Inc. challenged an order of refusal dated 30.05.2023 passed by The Controller of Patents and Designs regarding its patent application. The Petitioner argued that the Impugned Order summarily rejected the application without examining the submissions made in response to the First Examination Report (FER).
Mr Amit Arora Sole Proprietor M/S Hydro Valves v.The Controller General Of Patents Design and Trade Marks & Ors.
The petitioner filed Rectification Petitions seeking cancellation of three 'MILTON' trademarks registered in Class 21. Respondents raised a preliminary objection regarding the pendency of earlier related rectification petitions before the Trade Marks Registry, Mumbai. The court satisfied this objection after the petitioner undertook to withdraw the relevant pending petitions.
Junior Kuppanna Kitchens Pvt. Ltd. v.Kuppanna Foods
Junior Kuppanna Kitchens Pvt. Ltd filed suit against Kuppanna Foods, among others, alleging multiple infringements across trademarks and copyright. The plaintiff sought permanent injunctions to stop the use of deceptively similar marks like 'KUPPANNA FOODS' and 'Kuppanna', as well as damages for dilution and tarnishment. Ultimately, the parties reached a compromise, leading the Madras High Court to decree the suit based on the Memorandum of Compromise.
Nanoval GmbH & Co. KG v.ALD Vacuum Technologies GmbH
This UPC decision addresses procedural issues concerning evidence preservation and deadlines under Rule 198.1 EPGVerfO. The respondent sought to nullify an order because they argued that a change in the deadline's starting point constituted an impermissible extension of time. The court rejected this argument, emphasizing that judicial discretion allows for adjusting the start date when expert reports are delayed. This ruling confirms the flexibility of procedural rules to ensure fair access to evidence.
Hilton Worldwide Manage Limited And Anr v.Hilton Holidays And Resorts Private Limited
The Delhi High Court granted an interim injunction in favor of Hilton Worldwide Manage Limited against Hilton Holidays And Resorts Private Limited. The court found a prima facie case for trademark infringement and passing off, noting that the defendant's use of 'HILTON HOLIDAYS AND RESORTS PRIVATE LIMITED' and associated testimonials led customers to believe there was a direct connection with the plaintiff's established brand. Furthermore, the court exempted the plaintiffs from mandatory pre-litigation mediation due to the urgency of the matter.
Pi Investment Advisory Llp & Anr. v.Registrant Of Premjiex.Com & Ors.
The Delhi High Court addressed several procedural applications in the trademark infringement suit filed by Pi Investment Advisory LLP against Registrant of Premjiex.Com & Ors. The court granted the plaintiffs exemption from mandatory pre-litigation mediation, citing the need for urgent interim relief. Furthermore, the court allowed the filing of additional documents and formally registered the plaint as a suit, setting out detailed procedural timelines for service and pleadings.
Glaxosmithkline Pharmaceuticals Limited v.Chembott Chemicals And Pharmaceutical Private Limited and Anr
The Delhi High Court granted an ad-interim injunction in favor of Glaxosmithkline Pharmaceuticals against Chembott Chemicals. The court found that the plaintiff had made out a strong prima facie case regarding the infringement of its registered trademark, 'COBADEX', by the defendants' mark, 'COZIDEX'. Given the nature of pharmaceutical products and the potential for irreparable harm to both parties and the public, the injunction was granted immediately until the next hearing date.
Kaira District Cooperative Milk Producers Union Ltd. v.The Registrar of Trade Marks & Anr.
The Delhi High Court allowed an appeal filed by Kaira District Cooperative Milk Producers Union Ltd. against the dismissal of its trademark opposition. The court found that the original rejection was based on a factual error, as the Appellant had actually received the notice for filing evidence via email on September 15, 2024, not the date mentioned in the letter. Consequently, the High Court set aside the impugned order and directed the Registrar to hear and decide the opposition within two months, while also directing the registry to update the status of the trademark application.
DISH Technologies L.L.C. v.Cloudflare Inc.
This decision from the Mannheim Local Court addresses a procedural motion regarding information disclosure (Rule 191(2) EPC). The claimants sought to have the court determine if certain requested information was non-essential before proceeding with the disclosure request. The UPC ruled that while this preliminary determination is inadmissible, the disclosure request itself can be made conditionally, pending the outcome of the main infringement case. This ruling emphasizes procedural flexibility in balancing discovery needs against third-party rights.
Synertec Pty Ltd v.Union Of India & Anr.
Synertec Pty Ltd filed a writ petition seeking restoration of its patent application (No. 202217030233) which had been deemed withdrawn under Section 11B(4) of the Patents Act, 1970. The Petitioner argued that the failure to file the request for examination was due to an inadvertent error by its Patent Agent regarding the deadline. The Court allowed the petition, finding that the Petitioner acted diligently and should not suffer consequences of the agent's mistake.
Hero Investcorp Private Limited Anr. v.Venuse Automobile
Hero Investcorp Private Limited filed a suit against Venuse Automobile alleging trademark infringement and passing off related to the 'HERO' brand. The Delhi High Court granted several interim reliefs in favor of the Plaintiffs, including an ex parte ad-interim injunction. Furthermore, the court appointed a Local Commissioner with powers to inspect the Defendant's premises, seize infringing auto parts bearing the HERO marks, and ascertain the stock value, signaling strong initial support for the Plaintiff's claims.
Svamaan Financial Services Private Limited v.Sammaan Capital Limited & Ors.
The Delhi High Court granted an interim injunction in favor of Svamaan Financial Services Private Limited against Sammaan Capital Limited and others. The court found a prima facie case of trademark infringement because the competing mark 'SAMMAAN' is deceptively similar to the plaintiff's 'SVAMAAN' marks, and both parties operate in identical financial services sectors (granting loans). Despite initial challenges regarding the authenticity of the plaintiff's registration certificates, the court confirmed their validity through a status report from the Trade Marks Registry, thus upholding the injunction.
Tiroler Rohre GmbH v.SSAB Europe Oy, SSAB Swedish Steel GmbH
In a significant decision, the Munich Local Court dismissed Tiroler Rohre GmbH's infringement claim against SSAB Europe Oy and SSAB Swedish Steel GmbH regarding driving tips (ram spikes). The court accepted the defendants' technical arguments, specifically that the alleged 'ledge' was not free-standing and that the contact surface was not flat as required by the patent claims. This ruling underscores the importance of precise claim construction in UPC litigation, particularly when dealing with functional or structural limitations.
Gsp Crop Science Pvt. Ltd. v.General Crop Science Pvt. Ltd. & Anr.
The Delhi High Court addressed several interlocutory applications filed by the defendants/counter claimants. The court condoned a 57-day delay in filing the written statement and directed the numbering of the counter claim seeking revocation of the plaintiff's patent (IN 394568). Further directions were issued regarding discovery and placing sales figures on record.
Corning Incorporated v.Hisense Gorenje Germany GmbH, Hisense Europe Holding GmbH, TCL Deutschland GmbH & Co. KG, TCL Deutschland Verwaltungs GmbH, TCL Operations Polska, Sp. z o.o., TCL Belgium, SA, LG Electronics Deutschland GmbH, LG Electronics European Shared Service Center B.V, LG Electronics European Holding B.V.
In this procedural order from the Local Division Mannheim, Corning Incorporated successfully obtained a two-week extension of time to file its reply and defense. The court grounded its decision in established UPC case law, recognizing that parties must be compensated for periods where they do not have full access to confidential facts presented by opponents. This ruling reinforces the practical application of procedural fairness within the UPC's confidentiality framework.
M/S. Tvs Motor Company Limited v.The Assistant Controller of Patents & Designs, Patent Office
TVS Motor Company Limited appealed an order by the Assistant Controller of Patents rejecting its application for "Vehicle Frame Assembly" on grounds including lack of inventive step, exclusion under Section 3(f), and formal requirements. The appellant argued that the rejection failed to follow a proper five-step analysis when assessing obviousness against cited prior art. The High Court set aside the impugned order and remanded the application for reconsideration.
Network System Technologies LLC v.Audi AG
This UPC Court of Appeal decision concerns the release of security deposits following the withdrawal of infringement actions. Network System Technologies LLC had deposited substantial funds to cover legal costs incurred by Audi AG during the proceedings. Since NTS subsequently withdrew its claims and closed the case at the Munich Local Division, the Court of Appeal granted the application for the full return of these security amounts. This ruling provides clarity on the procedural mechanism for releasing financial guarantees when litigation concludes prematurely.
Psychotropic India Limited v.Meridian Medicare Ltd And Anr.
The Delhi High Court allowed a rectification petition filed by Psychotropic India Limited against Meridian Medicare Ltd. The court found that Respondent No. 1 adopted the mark 'TROMA' with malafide intent, capitalizing on the goodwill established by the petitioner in the pharmaceutical sector. Given the prior use and distinctiveness of the petitioner's marks (TROMANIL, TROMA), the court ruled that the registration held by the respondent was contrary to the Trade Marks Act, leading to its cancellation.
NJOY Netherlands B.V. v.VMR Products LLC
NJOY Netherlands B.V. initiated a revocation action against VMR Products LLC challenging European patent EP 3 626 092, which covers vaporizer devices (electronic cigarettes). The core argument centered on the lack of inventive step regarding features like a translucent cartomizer body. The UPC Central Division ultimately dismissed the revocation action, upholding the validity of the patent. This decision reinforces the high bar for demonstrating non-obviousness in technical fields, particularly when addressing perceived design improvements.
Hewlett-Packard Development Company, L.P. v.Zhuhai ouguan Electronic Technology Co., Ltd
Hewlett-Packard sought preliminary injunctions against Zhuhai ouguan Electronic regarding its fluid cartridge patents (EP 2 826 630 B1 and EP 3 530 469 B1). Although the court dismissed the application for provisional measures in most aspects, it issued a highly specific order. This ruling forces the defendant to disclose detailed information about the origin and distribution of infringing products, backed by severe daily penalty payments if they fail to comply.
Jyoti Sharma (Trading As Akhand Bharat Enterprises) v.The Registrar of Trade Marks
The Delhi High Court allowed Jyoti Sharma's appeal against the Registrar of Trademarks' refusal to register a device mark. The court found that the original refusal order contained significant factual errors, incorrectly characterizing the application as a word mark for services when it was actually a device mark for goods in Class-9. Consequently, the matter was remanded back to the Registrar for fresh consideration, without prejudging the merits of the registration claim.
Levi Strauss And Company v.Umesh Chauhan
Levi Strauss And Company filed a suit against Umesh Chauhan and Rajesh Kumar Wadhwa alleging infringement of their registered trademarks, designs, and copyrights related to clothing and jeans. The court found that the plaintiff failed to provide sufficient positive evidence to corroborate the local commissioner's report, leading to the dismissal of the suit.
Sun Patent Trust v.Vivo Mobile Communication Iberia SL, Vivo Tech GmbH, Vivo Mobile Communication Co., Ltd.
In a procedural order related to an infringement action, the UPC Court of First Instance addressed critical issues surrounding confidential information disclosure between Sun Patent Trust and Vivo Mobile Communication entities. The court meticulously defined categories for 'Confidential' and 'Highly Confidential' data within the Statement of Claim. This ruling sets strict parameters on who can view unredacted documents, limiting access to authorized legal counsel and necessary external experts, thereby balancing transparency with trade secret protection.
Natco Pharma Limited v.Array Biopharma Inc & Anr.
Natco Pharma Limited filed a revocation petition against Indian Patent IN304285 before the Delhi High Court. The court also addressed several interlocutory applications filed by the petitioner regarding document submission and extensions, while formally initiating the main revocation proceedings.
Moti Mahal Delux Management Services Pvt Ltd & Ors. v.M/S Universal Corporation & Anr.
The Delhi High Court granted an ad-interim injunction in favor of Moti Mahal Delux Management Services against Universal Corporation. The court found that the plaintiffs had established a prima facie case regarding trademark infringement and passing off, noting the long history and exponential growth of the 'Moti Mahal' brand since 1920. Given the risk of irreparable harm to the plaintiff's goodwill, the defendant was immediately restrained from using identical or deceptively similar marks like 'MOTI MAHAL DELUX TANDOORI TRAIL'.
Koninklijke Philips N.V. v.Belkin Limited, Belkin GmbH, Belkin International, Inc.
This UPC Board of Appeal decision addressed a procedural motion regarding cost determination following an earlier ruling. Koninklijke Philips N.V. sought to enforce a specific cost allocation, but subsequently withdrew its application due to an administrative error. The court accepted this withdrawal, effectively closing the costs procedure without altering the underlying substantive dispute or the initial cost split.
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