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Search Results for "patent infringement"

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Supreme Court

Supreme Court Quashes Division Bench Order in Trade Mark Infringement Suit Due to Non-maintainable Intra-court Appeal. The Single Judge's Order Granting Time to File Affidavit-in-Opposition Was Not a 'Judgment' Under Clause 15 of Letters Patent, Making the Appeal Inadmissible.

14 Mar 2022

The dispute arose from a civil suit filed by the respondent-plaintiff against the appellant-defendants for infringement of the registered trade mark '...

Supreme Court

Supreme Court Allows Appeals Against Revocation of Patent for Bt Cotton Technology, Remands for Trial on Patent Validity and Infringement Issues. The Court held that patent validity under Section 3(j) of the Patents Act, 1970 cannot be summarily decided without trial and requires expert evidence.

8 Jan 2019

The Supreme Court heard a batch of appeals arising from a suit for permanent injunction filed by Monsanto Technology LLC and others (plaintiffs) again...

High Court

Bombay High Court Restrains Defendant from Using Similar Trademark in Instant Adhesive Case. Affirms Likelihood of Confusion Between 'FEVIKWIK' and 'KWIKHEAL' Based on Overall Similarity of Marks and Trade Dress.

2 Aug 2017

The plaintiff, Pidilite Industries Limited, a leading manufacturer of adhesives and sealants, filed a suit against Poma-Ex Products and others for tra...

High Court

Bombay High Court Considers Infringement of Well-Known Mark 'Raymond' in Domain Name for Dissimilar Goods; Discusses Scope of Section 29(4) of Trade Marks Act, 1999. Domain Name 'raymondpharma.com' Not Found to Infringe 'Raymond' Mark Under Section 29(4) Due to Dissimilar Goods and Prior Litigation Bar.

20 Jul 2016

The dispute arose from the Plaintiff Raymond Limited's claim that the Defendant Raymond Pharmaceutical Pvt. Ltd. infringed its well-known registered t...

High Court

Bombay High Court Allows Leave to Combine Infringement and Passing Off Causes of Action in UltraTech Trade Marks Case. The court held that under Clause 14 of the Letters Patent, a plaintiff can combine infringement and passing off claims when both arise from the same set of facts and the court has jurisdiction over the infringement claim under Section 134(2) of the Trade Marks Act, 1999.

29 Jan 2015

The plaintiffs, Ultratech Cement Ltd. and its parent company, filed a suit alleging infringement of their registered trade marks containing the word '...

High Court

Bombay High Court Grants Interim Injunction in Design Infringement Suit — Whirlpool's Registered Designs for Washing Machine Held Prima Facie Valid and Infringed by Videocon's 'Pebble' Model. The Court found that the Defendant's product was a clear imitation of the Plaintiff's registered designs, and the Plaintiff made out a strong prima facie case for protection.

27 May 2014

The Plaintiff, Whirlpool of India Ltd., a subsidiary of Whirlpool Corporation, filed a suit for design infringement against Videocon Industries Ltd. T...

High Court

Bombay High Court Allows Restoration of Patent in Annuity Payment Dispute — Petitioner's Failure to Pay Annuities Due to Bona Fide Mistake and Lack of Proper Communication from Patent Office. Court held that the Patent Office must give notice before treating a patent as ceased and that the petitioner's application for restoration should be considered on merits under Section 60 of the Patents Act, 1970.

10 Feb 2014

The petitioner, Teijin Limited, a Japanese corporation, was the grantee of Patent No. 207883 in India. The patent was granted on 24th October 2003. Th...

High Court

High Court of Karnataka Dismisses Union of India's Appeal in Patent Term Calculation Case — Patent Term Runs from Date of Grant Under Section 53 of Patents Act, 1970. The court held that the period of a patent is to be reckoned from the date of grant, not from the date of application, as the patentee's rights commence only upon grant.

29 Aug 2013

The Union of India appealed against an order of a single judge of the Karnataka High Court in W.P.No.33170/2004 dated 03.12.2007. The single judge had...

High Court

Bombay High Court Grants Leave Under Clause XIV of Letters Patent to Join Infringement and Passing Off Claims in Single Suit. The court allowed joinder of passing off claim arising outside jurisdiction with infringement claim within jurisdiction to avoid multiplicity of suits.

22 Apr 2013

The plaintiffs, registered proprietors of the trademark 'Cafe Madras', filed a suit for infringement and passing off against the defendants who opened...

High Court

Bombay High Court Dismisses Appeal in Patent Infringement Suit — No Prima Facie Case for Injunction as Plaintiff Failed to Establish Infringement of Patent. Court Held That Mere Grant of Patent Does Not Confer Right to Injunction Without Clear Evidence of Infringement and Balance of Convenience Lies with Defendant.

16 Mar 2012

The appellant, CTR Manufacturing Industries Limited, filed a suit for patent infringement against the respondents, Sergi Transformer Explosion Prevent...

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