Madras High Court
1428 cases · page 10 of 48
Showing 271–299Just Lime My Child Foundation v.The Registrar of Trade Marks
The Madras High Court allowed an appeal filed by Just Lime My Child Foundation against the Registrar of Trade Marks' decision to refuse registration of the word mark 'GIRL POWER PROJECT.' The court found that the Respondent erred by dissecting the composite mark and incorrectly deeming it descriptive. Crucially, the court emphasized that a composite mark must be evaluated as a whole, not in isolation, thereby upholding the distinctiveness of the foundation's brand.
Mitsubishi Electric Corporation v.The Controller of Patents and Designs, Government of India
Mitsubishi Electric Corporation appealed the refusal of its patent application, which was rejected by the Controller citing lack of inventive step and lack of unity of invention. The High Court found that the Controller failed to assign valid reasons for either rejection ground. Consequently, the appeal was allowed and the matter was remitted for fresh consideration.
Regeneron Pharmaceuticals, Inc. v.The Assistant Controller of Patents and Designs, Government of India
Regeneron Pharmaceuticals appealed the rejection of its patent application (No. 592/CHENP/2012) by the Assistant Controller, which cited non-compliance with Section 59(1) of the Patents Act regarding amendments. The High Court found that the impugned order was unreasoned because the Controller failed to discuss the appellant's explanation despite it being provided. Consequently, the appeal was allowed and the matter was remitted for fresh consideration.
Regeneron Pharmaceuticals, Inc. v.The Assistant Controller of Patents and Designs, Government of India
Regeneron Pharmaceuticals appealed the rejection of its patent application (No. 592/CHENP/2012) by the Assistant Controller, which cited non-compliance with Section 59(1) of the Patents Act. The High Court found that the respondent's order was unreasoned because it failed to discuss the appellant's explanation regarding the amendments. Consequently, the appeal was allowed and the matter was remitted for fresh consideration.
Makemytrip (India) Private Limited v.Tickmytrip Services Private Limited
The Madras High Court dismissed Original Petitions filed by Makemytrip seeking the rectification and cancellation of Tickmytrip's registered trademarks (Nos. 2801898 & 2801899). The court accepted a written undertaking from Tickmytrip stating that they do not intend to renew these trademark registrations once their current term expires on September 2, 2024. Since the marks will lapse, the court found no necessity for further orders regarding cancellation.
Regeneron Pharmaceuticals, Inc. v.The Assistant Controller of Patents and Designs, Government of India
Regeneron Pharmaceuticals appealed the rejection of its patent application (No. 592/CHENP/2012) by the Assistant Controller, which cited non-compliance with Section 59(1) of the Patents Act regarding amendments. The court found that the respondent's order was unreasoned because it failed to discuss the appellant's explanation despite having been provided. Consequently, the appeal was allowed and the matter was remitted for fresh consideration.
Sakata Seed Corporation v.The Controller of Patents and Designs, Government of India
Sakata Seed Corporation appealed the Controller's rejection of its patent application for 'Eustoma having Cytoplasmic Male Sterility,' citing that it was essentially a biological process. The appellant argued that specific human interventions, such as screening and checking hybrid seeds, made the invention non-biological. The High Court agreed with this contention but found the Controller lacked sufficient reasoning on the matter.
Mitsubishi Electric Corporation v.The Controller of Patents and Designs, Government of India
Mitsubishi Electric Corporation appealed the refusal of its patent application, which was rejected by the Controller citing lack of inventive step and lack of unity of invention. The appellant argued that the rejection lacked proper reasoning regarding both grounds. The High Court allowed the appeal and remitted the matter for fresh consideration.
Mr.A.S.Nagabhushana v.M/s.Shesha Matching
This Madras High Court judgment records the settlement of trademark disputes between Mr. A.S. Nagabhushana and M/s. Shesha Matching. The original petitions, which sought to expunge registered trademarks (SESHA) from the registry, were ultimately dismissed as withdrawn. Both parties reached a compromise agreement on July 8, 2024, resolving the conflict without further litigation.
Mr.A.S.Nagabhushana v.M/s.Shesha Matching
This Madras High Court judgment records the settlement of trademark disputes between Mr. A.S. Nagabhushana and M/s. Shesha Matching. The original petitions, which sought to expunge registered trademarks (SESHA) from the registry, were ultimately dismissed as withdrawn. Both parties reached a compromise agreement on July 8, 2024, resolving the conflict without further litigation.
Glenmark Pharmaceuticals Ltd. v.Mrs. Karlin Pharmaceuticals & Exports Private Limited
The Madras High Court ruled in favor of Glenmark Pharmaceuticals, setting aside the trademark registration of 'CANDEX-B'. The court found that despite the respondent's claim of prior use, there was a clear likelihood of deception or confusion between the appellant's established mark 'CANDID' and 'CANDEX-B', especially given their use in dermatological pharmaceutical products. This decision reinforces the principle that consumer protection against confusion takes precedence over claims of concurrent use when marks are highly similar.
M/S.Kaleesuwari Refinery Pvt. Ltd. v.Sri Durgai Oil Stores
M/S.Kaleesuwari Refinery Pvt. Ltd. filed a civil suit against Sri Durgai Oil Stores alleging infringement of its 'Gold Winner' trademark and copyright related to edible sunflower oil packaging. The plaintiff sought permanent injunctions and damages for using deceptively similar marks like 'Son Gold'. However, the court noted that this matter had already been decreed by a Division Bench in 2019 based on the defendant's affidavit agreeing to cease such activities. Consequently, the current suit was dismissed as nothing remained to be adjudicated.
Rhodia Operations v.Deputy Controller of Patents and Designs, Government of India
Rhodia Operations appealed the rejection of its patent application for an esteramide compound by the Deputy Controller of Patents. The respondent rejected the claim as lacking inventive steps. The High Court found that the rejection was based on general observations and failed to address specific arguments made by the appellant regarding prior art, leading to the appeal being allowed.
Bristol Myers Squibb Company v.Deputy Controller of Patents, Patent Office
Bristol Myers Squibb appealed the rejection of its patent application (No. 5948/CHENP/2014) for a hemisulphate salt of Compound (I), known as Rimegepant, by the Indian Patent Office. The opposition was primarily based on Section 3(d) of the Patents Act, arguing that enhanced bioavailability alone does not guarantee patentability. The High Court set aside the rejection and remanded the matter for reconsideration.
Bristol Myers Squibb Company v.Deputy Controller of Patents, Patent Office
Bristol Myers Squibb appealed the rejection of its patent application for a new hemisulphate salt of Compound (I), which was based on Section 3(d) of the Patents Act, 1970. The appellant argued that the compound demonstrated enhanced bioavailability and therapeutic efficacy compared to the free base form. The High Court set aside the rejection order and remanded the matter for reconsideration by a different officer.
3M INNOVATIVE PROPERTIES COMPANY v.The Assistant Controller of Patents and Designs, Government of India
The appellant challenged the rejection of its patent application (No. 201747024977) by the Controller, which cited Section 3(k) of the Patents Act, 1970, claiming the invention was a non-technical computer program or mathematical method. The High Court found that the Controller failed to narrow down the reasoning and deprived the appellant of a fair opportunity to respond to the specific objection, leading to the matter being remanded for fresh consideration.
Bia Separations D.O.O. v.Assistant Controller of Patents and Designs, Government of India
Bia Separations D.O.O. appealed the rejection of its Patent Application No.185/CHENP/2009 for 'METHOD FOR INFLUENZA VIRUS PURIFICATION'. The appeal challenged the Controller's finding that the invention lacked inventive step under Section 2(1)(ja) of the Patents Act, 1970.
Ttk Prestige Limited v.Butterfly Gandhimathi Appliances
The plaintiff filed a suit against the defendant for infringing on its design registration for the Svachh Deluxe Alpha pressure cooker. The defendant was set ex-parte after failing to respond adequately to the claims.
Sapporo Medical University v.Assistant Controller of Patents and Designs, Government of India
Sapporo Medical University appealed the rejection of its Patent Application No.1899/CHENP/2010 by the Assistant Controller of Patents and Designs. The appellant argued that the rejection order was cryptic and failed to properly consider the prior art or the detailed explanations provided regarding inventive step. The High Court found the respondent's conclusion unsupported by material and allowed the appeal, remitting the matter for fresh consideration.
3M Innovative Properties Company v.The Assistant Controller of Patents and Designs, Government of India
The appellant challenged the rejection of its patent application (No. 20174704977) by the Controller, which cited Section 3(k) of the Patents Act, 1970, arguing that the invention was a computer program/implementable method. The High Court found that the Controller failed to narrow down the reasoning and deprived the appellant of a fair opportunity to respond to the specific objection (computer program vs. mathematical/statistical), leading to the matter being remanded for fresh consideration.
M/s.The Zero Brand Zone Pvt. Ltd. v.The Controller of Patents & Designs
The appellant challenged the rejection of their patent application for an eco-friendly lamp made from panchagavya and leaves. The appellant argued that the product was novel and not merely traditional knowledge, while the respondents contended that the invention fell under Section 3(p) as it related to traditional ingredients and was obvious based on prior art D1 to D3.
Microsoft Technology Licensing LLC v.Assistant Controller of Patents
Microsoft Technology Licensing LLC appealed the rejection of its patent application (No. 5584/CHENP/2010). The rejection was based on lack of inventive step and exclusion as a computer program per se. The High Court allowed the appeal, finding that the invention possesses enhanced technical effect and meets the inventive step criteria.
Universitat Ulm v.Assistant Controller of Patents and Designs, Government of India
Universitat Ulm appealed the rejection of its patent application (No. 645/CHENP/2011) concerning Opioids for Resistant Cancer Treatment. The appellant argued that the respondent's order was cryptic, failing to discuss prior arts or submitted evidence like a US patent grant. The High Court found merit in these arguments and allowed the appeal.
Universitat Ulm v.Assistant Controller of Patents and Designs, Government of India
Universitat Ulm appealed the rejection of its patent application (No. 645/CHENP/2011) concerning Opioids for Resistant Cancer Treatment. The High Court found the original order cryptic, noting that it failed to discuss prior arts or address specific submissions made by the appellant regarding synergistic effects and foreign patents. Consequently, the appeal was allowed, and the matter was remanded for fresh scrutiny.
Bennet, Coleman & Company Limited v.Arvind Fashions Limited
The Madras High Court dismissed two rectification petitions filed by Bennet, Coleman & Company Limited against the trademark registration of 'NNNOW'. The dispute centered on removing specific descriptions of services from the impugned registration. Crucially, both parties reached a Joint Compromise Memo before the court. Consequently, the petitions were withdrawn, marking an amicable resolution to the intellectual property conflict.
V.Sundaresan & Ors. v.Varalakshmi Starch Industries Pvt. Ltd., & Anr.
The Madras High Court addressed multiple appeals and petitions concerning a trademark infringement dispute over the 'Varalakshmi' brand name used for sago/sabudana products. Recognizing the overlap between the appellate issues and the main suit, the Court directed the Commercial Court to expedite the original trademark suit within 16 weeks. Crucially, while vacating previous stays on proceedings, the High Court ensured that the existing interim order from the lower court would remain in effect until the final judgment of the main suit.
Nokia Of America Corporation v.Assistant Controller of Patents and Designs, Government of India
Nokia appealed the rejection of its patent application, arguing that the respondent's order failed to properly discuss the invention and how it was hit by obviousness. The court found that the Controller merely concluded that a person skilled in the art could calculate technical glitches using prior arts without adequately testing them against the claimed invention.
M/s.Babu Ram Om Prakash v.A.Manickavel
The Madras High Court disposed of an Original Petition concerning the rectification of Trade Mark No. 502558 after both parties entered into a Joint Memorandum of Compromise. The petition, which had been transferred from the Intellectual Property Appellate Board, was settled amicably between M/s. Babu Ram Om Prakash and A. Manickavel. This resolution allows the matter to be closed without further judicial intervention.
M/s.Babu Ram Om Prakash v.A.Manickavel
The Madras High Court disposed of an Original Petition concerning the rectification of Trade Mark No. 502558 after both parties entered into a Joint Memorandum of Compromise. The petition, which had been transferred from the Intellectual Property Appellate Board, was settled amicably between M/s. Babu Ram Om Prakash and A. Manickavel. This resolution allows the matter to be closed without further judicial intervention.
M/s.V.A.Mishra & Sons v.The Registrar of Trademarks
The Madras High Court ruled in favor of M/s.V.A.Mishra & Sons, issuing a Writ of Mandamus against The Registrar of Trademarks. The petitioner sought direction to accept an old renewal request (dated 27.03.2013) for their trademark due to alleged inaction by the Registry. The Court found that the mandatory notice required under Section 25(3) of the Trademarks Act, 1999, was not provided to the proprietor. Consequently, the Registrar was directed to accept the renewal request and allow further renewals.
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