Dr. Reddy Laboratory Vs Controller of Patent & Ors

Judgment date:10.11.2022

Case No. C.O.(COMM.IPD-PAT) 3/2021

Name of Court: High Court of Delhi

Name of Hon'ble Justice: Pratibha M Singh, H.J.

Case Title: Dr. Reddy Laboratory Vs Controller of Patent & Ors

After enactment of the Tribunal Reforms Act 2021, the Intellectual Property Appellate Board has been abolished. All the cancellation petitions and other proceedings have been transferred to the Hon’ble High Court of Delhi.

Prior to enactment of the Tribunal Reforms Act 2021, Jurisdiction of the Intellectual Property Appellate Board used to be decided in accordance of jurisdiction of Respective Tribunal.

Now the question which arose , as to which court would be jurisdiction to entertain the Appeal and cancellation petitions, after abolition of the Tribunal Reforms Act 2021.

This question was addressed by the Hon’ble High Court of Delhi, as under:

Once orders are passed by the Patent Office on an application, any challenge to such order or direction would, therefore, ordinarily lie before the High Court in whose jurisdiction such appropriate office is located. This is because of the following reasons:

i. The appeal is a continuation of the original proceeding;

ii. The entire record of the patent application is readily available at the appropriate office;

iii. As per the scheme of the Rules, the concerned applicant would be domiciled, carrying on business or normally residing within the said territorial jurisdiction;

iv. The invention may have originally originated from the said territory;

v. The address of service in India in case of a foreign applicant would be in the territory where the appropriate office is located.

Thus it is apparent that jurisdiction of the revocation petition or appeal would be dependent upon the locus of relevant office of the Tribunals or in other words only that High Court would be having Jurisdiction to entertain the Appeal or cancellation petition in whose jurisdiction such appropriate office of the tribunal is located.

Ajay Amitabh Suman, [IP ADJUTOR]

IPR Advocate, Hon'ble High Court of Delhi.

ajayamitabh7@gmail.com, 9990389539

D/1027/2002

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Note: Information is shared in the public interest. It should not be taken as a substitute for legal advice as it may contain errors of understanding and presentation, including clerical errors.

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Adhar Products Pvt. Ltd. Vs Lotus Organics Care

Judgment date:10.11.2022

Appeal No. S.B. Appeal No. 3417 of 2018

Name of Court: High Court of Judicature for Rajasthan at Jodhpur

Name of Hon'ble Justice: Pushpendra Singh Bhati, H.J.

Case Title: Adhar Products Pvt. Ltd. Vs Lotus Organics Care

Plaintiff's/Appellant's Trademark:  DECIDE

Plaintiff's/Appellant's business and Services: Manufacturing, Marketing and Sale of

Detergents Products, Bath Soaps, Soap Sticks, bathing and laundry products.

Plaintiff's/Appellant's  Claimed user: Since 2006.

Defendant's/Respondents  Trademark: DELITE

Defendant's/Respondent's business: Washing and  Detergent Powder.

Defendant's/Respondents  claimed user: 2007

Appellant was the Plaintiff and Defendant was the Respondent.

Appellant filed subject matter Suit against the Respondent seeking relief of permanent injunction against use of trademark DELITE by the Respondent. The Appellant also filed application under Order 39 Rule 1 and 2 CPC seeking the relief of interim injunction.

The Injunction was declined by the LD. Trial Court. Against this order of declining the Injunction by the Ld.  in favor of the Appellant the subject matter Appeal was filed. The Hon'ble High Court of Delhi rejected the grounds  taken by the Appellant and dismissed the Appeal.

The Appeal was dismissed on the ground inter alia that the Appellant has failed to point out any perverse exercise of jurisdiction by the Trial Court. Another reason was that Appellant's Claimed user was since 2006 while claimed user of the Respondent was since the year 2007. In such a situation it can not be said that Order of Trial Court suffered from any glaring perversity

Ajay Amitabh Suman, [IP ADJUTOR]

IPR Advocate, Hon'ble High Court of Delhi.

ajayamitabh7@gmail.com, 9990389539

D/1027/2002

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Note: Information is shared in the public interest. It should not be taken as a substitute for legal advice as it may contain errors of understanding and presentation, including clerical errors.

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Konkan Agro Marine Industries Pvt. Ltd. Vs 7 Star Distilleries

Judgment date:02.11.2022

Appeal  No.Appeal from the order No.22 of 2022

Name of Court: High Court of Bombay , Nagpur Bench

Name of Hon'ble Justice: M S Jawalkar H.J.

Case Title: Konkan Agro Marine Industries Pvt. Ltd. Vs 7 Star Distilleries

 

Plaintiff's Trademark: PREMIUM No.1

Plaintiff's business and Services: Manufacturing, Marketing and Sale of liquor

Plaintiff's Claimed user: Since 1995

Defendant's  Trademark: PREMIUM DELUX SANTRA

Defendant's business: Manufacturing, Marketing and Sale of liquor

 

The Trial court refused to grant interim injunction order in favor of the Appellant and against the Respondent after holding both the trademarks of parties to be dissimilar. This was the order which was under challenge in the subject matter Appeal.

The Hon'ble High Court of Bombay at Nagpur Bench was pleased to grant interim injunction in favor of the Appellant and against the Respondent after observing both the competing trademarks of the parties to be similar.

Ajay Amitabh Suman, [IP ADJUTOR]

IPR Advocate, Hon'ble High Court of Delhi.

ajayamitabh7@gmail.com, 9990389539

D/1027/2002

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Note: Information is shared in the public interest. It should not be taken as a substitute for legal advice as it may contain errors of understanding and presentation, including clerical errors.

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Future Bath Products Private Limited Vs Corza International & Or

Judgment date:02.11.2022

Suit No. CS Comm No. 461 of 2020 

Name of Court: High Court of Delhi

Name of Hon'ble Justice: Navin Chawla H.J.

Case Title: Future Bath Products Private Limited Vs Corza International & Or

 

Plaintiff's Trademark:  CORSA

Plaintiff's business and Services: Manufacturing, Marketing and Sale of „apparatus for lighting, heating, steam generating, cooling, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

Plaintiff's Claimed user: Since 1998

Plaintiff's Actual documents of user: 2009

Plaintiff's Trademark Registration: Class 06,07,08,11,17,35

Defendant's  Trademark: CORZA

Defendant's business:Hollow Bricks, InterLock, Floor, Pavement, Roofing, Ceramic Cement.

Defendant's Registration: Class 19

Defendant's claimed user: 2014

 

Injunction was granted in favor of the Plaintiff and against the Defendant. The Hon'ble High Court of Delhi rejected the defenses taken by the Defendant as under:

i. The argument of defendant that the suit is not filed by properly authorized person, was held not to be maintainable as even though the Authorization letters have been signed by directors of the plaintiff , even though one of the directors was authorized signatory.

ii. Non production of Legal Proceeding certificate of Plaintiff's registered Trademark was also held not to be material one as the Defendant it self has not challenged the validity of registered Trademark of the Plaintiff by filing any cancellation petition.

iii. The Plaintiff valued the property of their Trademark only to the tune of Rs.4000 in the deed of assignment. However this factum was also not considered to be relevant one for grating the relief for Infringement or passing off as factors for granting or non granting these relief as dependent upon other factors.

iv. Trademark of the Plaintiff namely  CORSA and Trademark of the Defendant namely CORZA are similar. Hence the Defendant was restrained from using the impugned Trademark CORZA in relation to the product the Plaintiff deals in.

v. However Defendant was allowed to use trademark CORZA in relation to the products in class 19 as the Defendant was also registered Proprietor of the Trademark CORZA in class 19 and that the Plaintiff also has not filed cancellation petition against the same.

Ajay Amitabh Suman, [IP ADJUTOR]

IPR Advocate, Hon'ble High Court of Delhi.

ajayamitabh7@gmail.com, 9990389539

D/1027/2002

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Note: Information is shared in the public interest. It should not be taken as a substitute for legal advice as it may contain errors of understanding and presentation, including clerical errors.

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Silver maple Healthcare Services Pvt.Ltd. Vs Dr.Tajinder Bhatti

Judgement date:02.11.2022

Suitl No. :CS Comm No.430  of 2022

Name of Court: High Court of Delhi

Name of Hon'ble Justice: Jyoti Singh H.J.

Case Title: Silver maple Healthcare Services Pvt.Ltd. Vs Dr.Tajinder Bhatti

The Hon'ble High Court of Delhi was pleased to adjudicate application of the Defendant under Order 7 Rule 11 CPC. The Plaintiff has given up the claim of Infringement for Trademark DHI. However the Plaintiff insisted for the claim  of disparagement. 

The Defendant basic argument was that the suit is liable to be rejected under the provision of Order 7

Rule 11 CPC as the same suffer from mis-joinder of parties.

The Hon'ble High Court of Delhi reiterated the well settled proposition of law that while adjudicating

application under Order 7 Rule 11 CPC, only averment made in the plaint has to be seen.

The defenses raised by the Defendant in the written statement is not required to be seen while

deciding application under Order 7 Rule 11 CPC.

The Court rejected application of the Defendant under Order 7 Rule 11 CPC by

observing that mis joinder of necessary party can not be a ground for rejection of Plaint under the

provision of Order 7 Rule 11 CPC.

Ajay Amitabh Suman, [IP ADJUTOR]

IPR Advocate, Hon'ble High Court of Delhi.

ajayamitabh7@gmail.com, 9990389539

D/1027/2002

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Note: Information is shared in the public interest. It should not be taken as a substitute for legal advice as it may contain errors of understanding and presentation, including clerical errors.

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Avery Dennison Corporation Vs Controller of Patent and Design

Judgement date:04.11.2022

IPD Commercial Patent Appeal No. :C.A. (COMM.IPD-PAT) 29 of 2021

Name of Court: High Court of Delhi

Name of Hon'ble Justice: Prathiba M Singh H.J.

Case Title: Avery Dennison Corporation Vs Controller of Patent and Design

 

The subject matter IPD Commercial Patent Appeal No. :C.A. (COMM.IPD-PAT) 29 of 2021 was filed by the Appellant against Order dated 12.08.2021 passed by the Controller of Patent where by the application for grant of a patent titled 'Notched Fastener' bearing Application No. 5160/DELNP/2013, filed on 10th June, 2013  under Section 15 of the Patents Act, 1970 was refused  on the ground that the claimed subject matter of the subject patent does not constitute an invention under Section 2(1)(j) of the Act. The reason for rejection was that the subject matter application lacks inventive steps in view of prior arts D 2 and D3.

The Hon'ble High Court of Delhi highlighted the 4 approaches to evaluate inventive steps. These are as under:

 i.Obvious to try approach:

This approach involves an analysis of whether in view of the teachings/solutions proposed in the prior art, it was obvious to try and arrive at the subject invention. 

ii. Problem/solution approach:

This approach considers whether in the light of the closest prior art and the objective technical problem, the solution claimed in the invention would be obvious to the skilled person. If the skilled person can decipher the solution being claimed, then the subject matter is held to be obvious. 

iii. Could-Would Approach

In this approach the question that is raised is whether there is any teaching in the prior art as a whole that would and not simply could have prompted a skilled person, with the knowledge of the objective technical problem, to either modify or adapt the closest prior art to arrive at the subject matter of the claims. 

iv. Teaching Suggestion Motivation (TSM test)

This test originated in the USA as per which, if by the Teaching, Suggestion or Motivation from the prior art, an ordinary skilled person can modify the prior art reference or combine prior art references to arrive at the claimed invention, then the subject matter being claimed is obvious.

After discussing the afore mentioned approaches, the Hon'ble High Court of Delhi was pleased to observed that the subject matter Patent Application does not lack inventive step as the subject patent, thus, tries to address inconsistencies while cutting or severing of the fastener from the fastener stock, reduction in the size of the side members, variation in the cuts and the locations thereof. Accordingly the order passed by the controller of Patent was set aside.

Ajay Amitabh Suman, [IP ADJUTOR]

IPR Advocate, Hon'ble High Court of Delhi.

ajayamitabh7@gmail.com, 9990389539

D/1027/2002

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Note: Information is shared in the public interest. It should not be taken as a substitute for legal advice

as it may contain errors of understanding and presentation, including clerical errors.

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Aman Engineering Works Vs Registrar of Trademarks

Judgement date:04.11.2022

IPD Civil Revision :CM M IPD No. 5 of 2021

Name of Court: High Court of Delhi

Name of Hon'ble Justice: Navin Chawla H.J.

Case Title: Aman Engineering Works Vs Registrar of Trademarks 

The subject matter Civil Revision Petition was filed against Order dated 07.01.2020 passed by the

Senior Examiner of Trade Marks , Delhi in TM-M review Petition in relation to Trademark application

under No. 631248 for the Trademark RITE KRANTI where by the said review petition was allowed.

The fact of the case was that the Respondent No.2 filed review petition on the ground that

though Examination Report has been received, however no hearing notice was received.

Because of the same , the Respondent No.2 could not attend the hearing , resulting in

abandonment of the subject matter Trademark.

It was this order of abandonment, which was allowed by the Respondent No.1 in the review 

petition filed by the Respondent No.2 beyond the prescribed period.

The Hon'ble High Court of Delhi was pleased to set aside the order passed by the Registrar of

Trademark by observing that Section 131 of Trade Marks 1999 can not be invoked to extend

the time limit of one month prescribed for filing the review petition.

Section 127(c) of the Trade Marks Act 1999 and Rule 119 of Trade Marks Rule prescribed

one month of time, which time has been held to be mandatory by the Hon'ble High Court Delhi.

As in the present case, the review petition was filed after inordinate delay, the allowance of the

review petition by the Respondent No.2 was held to be wrong and accordingly set aside.

Ajay Amitabh Suman, [IP ADJUTOR]

IPR Advocate, Hon'ble High Court of Delhi.

ajayamitabh7@gmail.com, 9990389539

D/1027/2002

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Note: Information is shared in the public interest. It should not be taken as a substitute for legal advice as it may contain errors of understanding and presentation, including clerical errors.

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Visage Beauty and Healthcare Vs Registrar of Trademarks

Judgement date:03.11.2022

IPD Trademark Appeal :C.A.(COMM.IPD-TM) 65 of 2022

Name of Court: High Court of Delhi

Name of Hon'ble Justice: Prathiba M Singh H.J.

Case Title:Visage Beauty and Healthcare Vs Registrar of Trademarks

 

The subject matter Appeal was filed by the Appellant under Section 91 of the Trade Marks Act, 1999

challenging the order dated 27.10.2020  passed by the Trade Marks Registry where by the trademark

application of the Appellant  GLOW GETTER in relation to cosmetics, beauty care products, skin

care products, hair care products  has been rejected under Section 9(1)(b) of the Trade marks Act,

1999 , on the ground that  said mark consists of words that may be used in trade to designate 

the kind, quality of goods etc.

However, the Hon'ble High Court of Delhi was pleased to set aside the subject matter order on

the ground that the word ‘GLOW’ be a word which may be used by various third parties in respect of

cosmetics. However, the combination GLOW-GLITTER as a composite mark cannot be rejected

in Sections 9 and 11 of the same does not directly describe the kind, quality etc of  products

concerned.

 

Ajay Amitabh Suman, [IP ADJUTOR]

IPR Advocate, Hon'ble High Court of Delhi.

ajayamitabh7@gmail.com, 9990389539

D/1027/2002

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Note: Information is shared in the public interest. It should not be taken as a substitute for legal advice as it may contain errors of understanding and presentation, including clerical errors.

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Jindal Industries Vs Registrar of Trade Marks

Judgement date:03.11.2022

IPD Trademark Appeal :C.A.(COMM.IPD-TM) 134 of 2021 

Name of Court: High Court of Delhi

Name of Hon'ble Justice: Prathiba M Singh H.J.

Case Title: Jindal Industries Vs Registrar of Trade Marks

The subject matter Appeal was filed by the Appellant under  Section 91 of the Trade Marks Act, 1999 challenging the order dated 17th September, 2019 passed by the Trade Marks Registry where by the trademark application of the Appellant  JINDAL within the outline of India has been rejected.

The Registrar of Trademarks has rejected the by the trademark application of the Appellant  JINDAL

within the outline of India on the ground that the subject matter trademark application was non

distinctive and that the same was also prohibited under the provisions of the Emblems and Names

(Prevention of Improper Use) Act, 1950.

However, the Hon'ble High Court of Delhi was pleased to set aside the subject matter order on

the ground that in the previous orders as cited by the Appellant, the Hon'ble High Court of Delhi

has already observed that trademark JINDAL within the outline of India was not prohibited under

the provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950.

Ajay Amitabh Suman, [IP ADJUTOR]

IPR Advocate, Hon'ble High Court of Delhi.

ajayamitabh7@gmail.com, 9990389539

D/1027/2002

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Note: Information is shared in the public interest. It should not be taken as a substitute for legal advice as it may contain errors of understanding and presentation, including clerical errors.

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Elsevier Ltd. Vs Alexandra Elbkakyan

Judgement date:03.11.2022

Suit No. CS Comm No. 540 of 2020

Name of Court: High Court of Delhi

Name of Hon'ble Justice: Prathiba M Singh H.J.

Case Title: Elsevier Ltd. Vs Alexandra Elbkakyan

The subject matter application under order 6 Rule 17 CPC was filed by the Defendant where by the

same sought to withdraw the admission made by the Defendant that the same does not dispute the

ownership of plaintiff in the subject matter copyright.

The Defendant has admitted in the written statement the ownership of plaintiff in subject

matter copyright. Now by virtue of subject matter application under Order 6 Rule 17 CPC,

the same sought to withdraw the admission made to that effect.

However the Hon'ble High Court of Delhi was pleased to reject this application of the Defendant

under Order 6 Rule 17 CPC on the ground that by virtue of application under Order 6 Rule 17

CPC, the admission made in the written statement can not be withdrawn.

Ajay Amitabh Suman, [IP ADJUTOR]

IPR Advocate, Hon'ble High Court of Delhi.

ajayamitabh7@gmail.com, 9990389539

D/1027/2002

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Note: Information is shared in the public interest. It should not be taken as a substitute for legal advice as it may contain errors of understanding and presentation, including clerical errors.

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Sotkon SP SLU Vs Western Imagery

Judgement date:31.10.2022

Suit No. CS Comm No. 484 of 2022 

Name of Court: High Court of Delhi

Name of Hon'ble Justice: Prathiba M Singh H.J.

Case Title: Sotkon SP SLU Vs Western Imagery

The subject matter Suit was filed by the Plaintiff seeking the relief of permanent injunction against the Defendant from infringing Plaintiff's  Indian Patent No. 329620 titled as 'Subsurface System for the Collection of Refuse’. 

Vide order dated 05.10.2022 , interim injunction order dated 05.10.2022, the Hon'ble High Court of

Delhi was pleased to retrain the defendants’, their proprietors, partners etc. from infringing the

plaintiff’s registered patent IN 329620. Defendants were also restrained from using the photographs,

illustrations from the plaintiff’s brochure and the technical specifications of the products that amount

to infringement of plaintiff’s copyright. 

Even after passing of the ex parte injunction order the Defendant kept on supplying impugned

product, hence the subject matter contempt petition was filed.

The Defendant pleaded that they were supplying the subject matter products only as per the

Government tender. However, the Hon'ble High Court of Delhi was pleased to held the

Defendant guilty of contempt , rejecting this argument of the Defendant and further cost

of Rupees two Crores was imposed upon them.

Ajay Amitabh Suman, [IP ADJUTOR]

IPR Advocate, Hon'ble High Court of Delhi.

ajayamitabh7@gmail.com, 9990389539

D/1027/2002

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Note: Information is shared in the public interest. It should not be taken as a substitute for legal advice as it may contain errors of understanding and presentation, including clerical errors.

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