Kerala High Court
58 cases · page 1 of 2
Showing 1–29Sri.R.S.Praveen Raj v.Controller General Of Patents, Designs & Trademarks
The Kerala High Court dismissed a public interest litigation challenging the trademark registration of religious symbols, specifically the picture of the Attukal deity. The petitioner argued that registering such an icon commercializes faith and violates fundamental rights. However, the court upheld the registrations, noting that while certain deities are prohibited from registration under specific government directions, the services registered (temple/social welfare) did not violate Articles 25 or 26 of the Constitution. Furthermore, the court cautioned against bypassing statutory remedies in favor of invoking Article 226.
M/S. Bipha Drug Laboratories v.Controller General Of Patent
M/S. Bipha Drug Laboratories filed a writ petition seeking the immediate issuance of its trademark registration certificate for 'SOMNA' in Class 5. Despite an order dismissing opposition in 2008, the petitioner had not received the official certificate. The Kerala High Court intervened and directed the Registrar of Trademarks to issue the certificate within two weeks. This judgment underscores the importance of statutory authorities adhering to their timelines even after favorable decisions are rendered.
Prof.D.Aravindakshan v.Union Of India
The Kerala High Court dismissed a writ petition filed by Prof. D. Aravindakshan challenging the refusal of the Registrar of Companies to approve the name 'Agastya Bio-Tech Limited'. The court found that despite the petitioner's claims, the attempt to register a company with an identical name while disputes regarding the original entity ('Agastya Bio-pharm India Limited') were pending made the proposed name undesirable. This ruling underscores the strict application of corporate naming rules designed to prevent public confusion and deception.
M.Manuvel v.Malabar Gold Pvt. Ltd
The Kerala High Court dismissed an Original Petition filed by M.Manuvel, which challenged a lower court's order regarding jurisdiction in a trademark and passing off suit. The core issue revolved around the defendant's late application to amend their written statement to raise objections concerning territorial jurisdiction. Citing Supreme Court precedent, the court held that without demonstrating due diligence before the trial commenced, such an amendment could not be allowed after the proceedings had started.
M/S. M.V.J Foods (India) Pvt.Ltd v.Devanand Shenoy
This Kerala High Court judgment addressed an appeal challenging a trial court's order allowing the reopening of evidence in a trademark infringement suit. The original suit alleged that the defendants were passing off goods using the 'MELAM' brand, which was registered by the plaintiffs. The core dispute centered on whether a licensing agreement from 1994 could be introduced as evidence. The High Court found no prejudice to the defendant and upheld the trial court's decision, allowing the case to proceed with the newly admitted evidence.
M/S. M.V.J Foods (India) Pvt.Ltd v.Devanand Shenoy
This Kerala High Court judgment addressed an appeal challenging a trial court's order allowing the reopening of evidence in a trademark infringement suit. The original suit alleged that the defendants were passing off goods using the 'MELAM' brand, which was registered by the plaintiffs. The core dispute centered on whether a licensing agreement from 1994 could be introduced as evidence. The High Court found no prejudice to the defendant and upheld the trial court's decision, allowing the case to proceed with the newly admitted evidence.
Royal Coffee Works v.The Registrar Of Trademarks; Girnar Food & Beverages Pvt. Limited
Royal Coffee Works challenged the delay in processing its trademark application before the Registrar of Trademarks, which was opposed by Girnar Food & Beverages Pvt. Limited regarding the use of 'tea' in the product description. The Kerala High Court addressed the petitioner's grievance concerning procedural delays. The court directed the Registrar to expedite the matter and pass appropriate orders on both the original trademark application and the opposition within a three-month timeframe.
Pas Agro Foods v.Krbl Limited; Controller General of Patents, Designs and Trademarks (CGPDTM) in India; Deputy Registrar of Copyrights
Pas Agro Foods filed a Special Jurisdiction Case seeking the expungement of trademark and copyright registrations granted to Krbl Limited. The Kerala High Court, after reviewing the petition and arguments, directed that notice be served upon all respondents via speed post and email. This marks the initial procedural step in challenging the validity or ownership of the registered IP rights.
N.C. Mahamood v.The Registrar Of Trademarks, Chennai
The Kerala High Court intervened in a long-pending trademark application dispute, directing the Registrar of Trademarks to expedite the process. The petitioner argued that six years had passed since filing without a final decision, despite an opposition being filed. The court ruled that such excessive delay in statutory proceedings cannot be excused by citing seniority or requiring special fees for expedited processing, compelling the authorities to act swiftly.
Rajputana Investment And Finance Limited (doing business as BRD LUXE) v.Luxe Moto LLP
The Kerala High Court dismissed an appeal filed by Rajputana Investment and Finance Limited against a lower court's decision to deny a temporary prohibitory injunction. The dispute centered on whether the term 'LUXE,' used in the plaintiff's registered trademark 'BRD LUXE,' was being infringed upon by the defendant's use of 'LUXE MOTO LLP.' The High Court found that the plaintiff failed to establish a prima facie case of infringement, noting that the claim hinged on the exclusivity of a potentially descriptive term. Consequently, the court allowed the defendants to continue using their mark pending the full trial.
Ambika Ramesh v.The Deputy Registrar Of Trade Marks
Ambika Ramesh filed a writ petition seeking intervention regarding her registered Ayurvedic product trademarks. Despite inadvertently missing the renewal deadline, she submitted a detailed representation outlining her grievances. The Kerala High Court intervened, directing the Registrar of Trade Marks to expeditiously consider and dispose of the petitioner's pending representation within 60 days, ensuring due process.
Kandamkulathy Ayurveda Vaidyasala v.The Registrar Of Trade Marks
The Kerala High Court addressed a writ petition filed by Kandamkulathy Ayurveda Vaidyasala seeking the rectification of a trademark registration held by another party. The court observed that the petitioner had already initiated proceedings for rectification before the Registrar of Trade Marks. Consequently, the High Court disposed of the writ petition but directed the Registrar to expedite the consideration and passing of orders on the existing rectification application within six weeks.
M/S A & J Designers v.The Registrar Of Trade Marks
M/S A & J Designers successfully challenged the non-renewal of their 'Paris' trademark registration in the Kerala High Court. The petitioner argued that they were never served with the renewal notice because the respondents had mistakenly sent it to the wrong address due to a typographical error. The court found merit in this claim, allowing the writ petition and directing the competent authority to issue fresh notice and renew the registration expeditiously.
Pas Agro Foods v.Krbl Limited; Controller General of Patents, Designs and Trademarks (CGPDTM) in India; Deputy Registrar of Copyrights
Pas Agro Foods filed a Special Jurisdiction Case seeking the expungement of trademark and copyright registrations granted to Krbl Limited. The Kerala High Court, after reviewing the petition and arguments, directed that notice be served upon all respondents via speed post and email. This marks the initial procedural step in challenging the validity or ownership of the registered IP rights.
Malabar Natural Foods Private Limited v.The Registrar Of Trademarks, Chennai
Malabar Natural Foods Private Limited approached the Kerala High Court seeking intervention regarding pending trademark applications before the Registrar of Trademarks, Chennai. The petitioner sought a direction for timely disposal of their applications (Exts.P1 and P2). Recognizing the procedural backlog but acknowledging the need for resolution, the court disposed of the writ petition by directing the 1st respondent to take earnest efforts to pass orders on the pending matters within a stipulated period of four months.
Salish Sham Viswan v.Singing Artists Association Kerala
The Kerala High Court ruled in favor of Salish Sham Viswan, who held a trademark registration for 'Singing Artists Association Kerala.' The court set aside an administrative rejection that claimed jurisdiction was lacking because the petitioner's entity was assumed to be registered under the Charitable Societies Act. The judgment clarified that the core issue is whether the name and logo are protected by the Trade Marks Act, allowing the Registrar to reconsider the complaint regarding potential infringement by the respondent.
Kalpaka Builders Private Limited v.Intellectual Property Appellate Board
The Kerala High Court dismissed a writ petition filed by Kalpaka Builders Private Limited challenging an order from the Intellectual Property Appellate Board (IPAB). The IPAB had cancelled the petitioner's trademark registration because the mandatory publication only featured the word 'Kalpaka,' while the registered mark was a device mark. The court upheld the IPAB's decision, finding no fault with the order as it merely remanded the matter for fresh consideration by the Trademark Registry.
Robin Sebastian (CJ Buildware) v.Shyjumon Joseph
The Kerala High Court granted an interim injunction in favor of CJ Buildware against Shyjumon Joseph. The court found that despite a prior contractual agreement, the respondent began using a trademark ('SJ BUILDWARE') that was phonetically and visually deceptive to the plaintiff's registered mark ('CJ BUILDWARE'). Given the established reputation of the plaintiff and the balance of convenience, the court deemed it appropriate to restrain the defendant from continued use pending further proceedings.
Robin Sebastian (CJ Buildware) v.Shyjumon Joseph
The Kerala High Court granted an interim injunction in favor of CJ Buildware against Shyjumon Joseph. The court found that despite a prior contractual agreement, the respondent began using a trademark ('SJ BUILDWARE') that was phonetically and visually deceptive to the plaintiff's registered mark ('CJ BUILDWARE'). Given the established reputation of the plaintiff and the balance of convenience, the court deemed it appropriate to restrain the defendant from continued use pending further proceedings.
V.V.Chandran v.Atco Udyog
The petitioner challenged an order passed by the District Court concerning a counter claim for revocation of a patent. The court held that the matter falls under the exclusive original jurisdiction of the High Court, but dismissed the petition because it was not suitable for admission at that stage.
Hombale Films Llp v.Thaikkudam Bridge
Hombale Films LLP, the producer of the film 'Kantara', challenged an order passed by the District Court, Kozhikode. The original suit was filed by Thaikkudam Bridge (a musical band) claiming authorship and copyright over the song 'Navarasam'. The lower court had previously restrained respondents from using the music without permission.
XXX v.Union Of India
The petitioner, suffering from HER2-Negative Metastatic Breast Cancer, sought an interim direction compelling the 3rd respondent (DPIIT) to consider their representation regarding the high cost of Ribociclib. The petitioner argued that since Ribociclib enjoys patent monopoly and is not manufactured in India, compulsory licensing under Section 92 of the Patents Act, 1970, was necessary for affordability.
Yoshida Kenji v.The Asst.Controller Of Patents
This writ petition challenged the deemed abandonment of a Japanese national's patent application. The core dispute revolved around whether the 12-month statutory period for responding to the examination report should be calculated from the date the report was issued or the date it was actually received by the petitioner. The court ruled that the time limit must be counted from the date of receipt, finding that the petitioner had submitted a valid response within the extended timeframe.
M/S MATHSTRAMAN MANUFACTURES AND TRADERS PRIVATE LIMITED v.Controller General of Patents Designs and Trademarks
The Kerala High Court granted an interim order in favor of M/S Mathstraman Manufactures and Traders Private Limited. The court directed that the petitioner's registered trademark numbers (1326035 and 1326036) shall not be removed from the register while the Writ Petition is pending final disposal. This stay provides immediate protection to the petitioner against administrative action by the Controller General of Patents.
C.V. Radhakrishnan v.Registrar of Trademarks
This Kerala High Court judgment addressed a writ petition filed by C.V. Radhakrishnan concerning the undue delay in issuing a trademark registration certificate for 'RIVER VALLEY.' Despite all procedural requirements being completed and publication occurring as early as December 2019, the petitioner had not received the final certificate. The court recognized the grievance regarding administrative delays and directed the Registrar of Trademarks to take necessary action on the petitioner's representation within two months.
Pranathmaka Ayurvedics Pvt Ltd v.Cocosath Health Products
This original petition challenged an interim injunction granted by the Commercial Court, Ernakulam, which restrained Pranathmaka Ayurvedics Pvt Ltd from appointing exclusive global marketers and transferring confidential product know-how. The High Court dismissed the petition, holding that since the petitioners had not shown reason for not availing the statutory remedy of appeal under Section 13(1) of the Commercial Courts Act, 2015, it would not interfere with the lower court's order.
Kannur Lulu Sarees And Textiles Pvt. Ltd v.The Controller General Of Patents, Designs and Trademarks Office of the Trade Marks Registry
The Kerala High Court dismissed a Writ Petition filed by Kannur Lulu Sarees And Textiles Pvt. Ltd against various IP authorities, including The Controller General of Patents and Designs. The petitioner sought leave to withdraw the case, which was subsequently granted by the court. This dismissal allows the petitioner to pursue their rights through other appropriate legal channels.
Murickens Marketing System Llp v.Alex G. Muricken
The Kerala High Court addressed an appeal challenging a preliminary injunction granted against Alex G. Muricken for using names similar to the plaintiffs' registered trademarks, such as 'M.G and Murickens Group'. While acknowledging that the lower court had established a prima facie case of trademark infringement based on the similarity of marks and logos, the High Court recognized the appellant's claim regarding his long-standing use of the name 'Muricken Trading Company'. To balance competing interests and ensure substantial justice, the court remanded the matter back to the trial court, granting both parties a further opportunity to present evidence before deciding the injunction.
K.M.Ahmed Ansari / M/S Oriental Metals India Pvt Ltd v.K.S.Mohammed Ali / M/S Hero Plywoods and Boards
This appeal before the Kerala High Court challenged a lower court's dismissal of an interim injunction request concerning the trademark 'Oralium'. The appellants argued that the lower court's findings prejudiced the ongoing lawsuit. However, the High Court dismissed the appeal, stating that the previous observations were merely tentative and did not preclude a fair trial. Given that the main suit was already scheduled for trial, the court deemed an interim injunction unnecessary and directed the trial court to expedite the proceedings.
M/S.Fun World And Resorts (India) Pvt. Ltd. v.Nimil K.K.
The appeal challenged the lower court's order granting a temporary injunction, which restrained M/S.Fun World And Resorts (India) from using its 'Tunnel Aquarium' design due to alleged copyright infringement by Nimil K.K.'s client. The appellant argued that the design was not original and could not be registered under the Designs Act. The High Court dismissed the appeal, upholding the lower court's finding that a prima facie case for copyright existed.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.