Madras High Court
1365 cases · page 19 of 46
Showing 541–569Bharat Vastralaya v.Karishma Silks & Sarees
The Madras High Court disposed of a Trade Marks Appeal between Bharat Vastralaya and Karishma Silks & Sarees based on a settlement reached between the parties. The consent terms mandate that while the Respondent can continue using 'KARISHMA' for one specific outlet in Bangalore, they must withdraw their existing trademark registration (No. 572267) in Class 24. This resolution provides a clear path forward for both parties to manage their respective rights and prevent further litigation.
M/s.Ghanshyam Perfumery And Co. v.S.Shri Kasim Ramaiah
This Madras High Court case involved a Trade Marks Appeal challenging the rejection of an opposition against Trademark Application No. 582422. The parties, M/s. Ghanshyam Perfumery And Co. and S.Shri Kasim Ramaiah (trading as M/s. Shanker Perfumery Works), reached a comprehensive settlement agreement. Under the terms, they agreed to exclusive rights for 'SONA CHANDI' and other 'SONA formative trademarks,' respectively, while also agreeing not to use deceptively similar labels. The court disposed of the appeal based on these mutual consent terms.
M/s.Moti And Company v.M/s.B.Braun Melsungen AG
M/s. Moti And Company filed a petition seeking to revoke or invalidate Patent No. 221306 held by M/s. B.Braun Melsungen AG. The petitioner later submitted that the patent had already expired on July 13, 2021.
Nripendra Kashyap v.The Assistant Controller of Patents and Designs
Nripendra Kashyap filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier order by The Assistant Controller of Patents and Designs. However, the appellant subsequently instructed his counsel to withdraw the appeal.
M/s.Moti And Company v.M/s.B.Braun Melsungen AG
M/s. Moti And Company filed a Transfer Original Petition seeking the revocation or invalidation of Patent No. 221306 held by M/s. B.Braun Melsungen AG. The petitioner's counsel submitted that the patent had already expired on July 13, 2021.
DOW GLOBAL TECHNOLOGIES LLC v.Controller Of Patents And Designs
The appellant challenged the rejection of its patent application for 'Ethylene-based polymers' on the ground of lack of inventive step, citing prior art documents D4 and D5. The court set aside the impugned order, holding that the arguments regarding non-obviousness were not properly engaged by the respondent. Consequently, the matter was remanded to allow reconsideration while taking into account the passage of time and foreign patent grants.
New York University v.The Assistant Controller of Patents and Designs
New York University appealed the Assistant Controller's order rejecting its patent application (No. 9210/CHENP/2011) for an invention related to targeting pathological tau proteins. The High Court found that the rejection lacked cogent reasons, particularly regarding amendments and inventive step, and consequently set aside the impugned order.
Nripendra Kashyap Constituted Attorney of Huawei Device Co., Ltd. v.The Assistant Controller of patents and Designs Patent Office, Intellectual Property Building, GST Road, Guindy, Chennai 600 032
The appellant, representing Huawei Device Co., Ltd., filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an order granting a patent on Indian Patent Application No. 9270/CHEN/2013. The learned counsel for the appellant subsequently instructed to withdraw the appeal.
Hatsun Agro Product Ltd. v.K. Sarinivas Reddy
The Madras High Court ruled in favor of Hatsun Agro Product Ltd. against K. Sarinivas Reddy for trademark infringement and passing off. The court found that the defendant's use of 'SRI AROGYA,' coupled with a deceptively similar color scheme, get-up, and packaging design, infringed upon the plaintiff's registered mark 'AROKYA.' Consequently, the court granted a permanent injunction to stop the unauthorized use and directed the defendant to pay costs.
Lombard Brands Ltd. v.United Spirits Limited
The Madras High Court allowed a rectification petition filed by Lombard Brands Ltd against United Spirits Limited regarding the trade mark 'STORM'. The court found that the registration for STORM in Class 33 was liable to be cancelled because the first respondent failed to demonstrate continuous use of the mark for at least five years, as required under Section 47 of the Trade Marks Act. Consequently, the Registrar was directed to remove the impugned trade mark from the register.
M/s.Ufo Moviez India Ltd. v.M/s Real Image Media Technologies Pvt.Ltd
The petitioner filed a Transfer Original Petition seeking revocation of Patent No. 202980. The court observed that the term of this patent had expired on October 18, 2022, rendering the petition infructuous.
The University of Houston v.The Assistant Controller of Patents and Designs, Government of India
The University of Houston filed a Transfer Civil Miscellaneous Appeal seeking to set aside an earlier order and allow its patent application (No. 379/CHENP/2008) to proceed for grant. The petitioner subsequently endorsed that it did not intend to prosecute the appeal, leading the court to dismiss the petition.
Shyam Enterprises Private Limited v.Hotel Amaravati
The Madras High Court partially decreed a suit filed by Shyam Enterprises Private Limited against Hotel Amaravati concerning trademark infringement and passing off. The court found that the plaintiff had successfully proven its claim regarding the use of the registered trademark AMARAVATHI in the hotel and hospitality sector. Consequently, the defendant was granted permanent injunctions restraining them from using the mark or suggesting a connection to the plaintiff's services. However, since the plaintiff did not press for claims related to damages or accounting of profits, those specific reliefs were dismissed.
M/s.A.Habeebur Rahman Sons v.M/s.S.Jaffer Mohideen Alias Noushad
The Madras High Court dismissed an appeal filed by M/s.A.Habeebur Rahman Sons against the rejection of their opposition to a trademark application (No.676174). The court found that despite the appellant's claims of prior use of 'S', the respondent's mark, which prominently features 'FILTER BEEDI,' was not likely to cause confusion among consumers. However, the judgment imposed strict conditions on the respondent, requiring them to use their label in combination with two other specific labels and formally undertake not to use the 'SS' logo independently.
Nalli Sambbasivam Trading as M/s.Nalli's Silks Sari Centre v.M/s.Nalli Chinnasami Chetty & Ors.
The Madras High Court dismissed two rectification petitions filed by Nalli Sambbasivam against M/s.Nalli Chinnasami Chetty regarding the trade mark 'Nalli'. The core issue was whether a rectification petition could proceed when an earlier infringement suit concerning the same marks was pending before the Bombay High Court. The court held that under Section 124 of the Trade Marks Act, a party must first convince the civil court to frame a triable issue on the validity of the registration before seeking rectification.
Donaldson Filtration Deutschland Gmbh v.Ultrafilter (India) Private Limited
The Madras High Court dismissed three trademark rectification petitions filed by Donaldson Filtration Deutschland Gmbh against Ultrafilter (India) Private Limited. The original petitions, which sought to expunge specific trademarks from the register under Section 57 of the Trade Marks Act, 1999, were withdrawn by the petitioner before a final ruling could be made. This outcome highlights that procedural decisions, such as withdrawal, can conclude IP litigation without substantive judgment on the merits.
University College London v.Assistant Controller of Patents and Designs, Government of India
University College London appealed the rejection of its patent application for a 'COLONIC DRUG DELIVERY FORMULATION'. The Controller rejected the application, citing prior art and lack of inventive step. The High Court set aside the rejection order, finding that the Controller failed to engage with the specific submissions made by the appellant.
Huawei Technologies Co., Ltd. v.The Controller General of Patents & Designs
Huawei appealed an order rejecting its patent application (IN 4561) for a radio communication system. The appeal argued that the Patent Office failed to consider detailed arguments against obviousness and rejected amendments without proper justification. The High Court found the impugned order unsustainable due to lack of reasoned consideration and set it aside, remanding the matter.
USV Private Limited v.Symed Labs Limited
USV Private Limited filed a petition in the Madras High Court seeking the revocation of Indian Patent No. 229267. The court observed that the patent's term had expired on October 16, 2023, rendering the petition infructuous.
University College London v.Assistant Controller of Patents and Designs, Government of India
University College London appealed the rejection of its patent application for a 'COLONIC DRUG DELIVERY FORMULATION' by the Assistant Controller. The Controller rejected the application, citing lack of inventive step based on prior art documents D1 to D6. The High Court set aside the impugned order, finding that the Controller failed to engage with the appellant's specific arguments and remanded the matter for reconsideration.
JK Medical Systems Pvt. Ltd. v.Union of India
This common order addressed multiple writ petitions challenging rejection orders passed by Senior Examiners concerning various Trade Mark applications. The court observed that while the Act allows for appointment of officers, there is a widespread practice of issuing unreasoned or 'copy and paste' decisions. Consequently, the Registrar of Trade Marks was directed to take immediate remedial measures to ensure compliance with statutory requirements for providing reasoned orders.
Flamagas S.A. v.Ashok Bafna and Bafna Agencies
Flamagas S.A. filed a civil suit against Ashok Bafna and Bafna Agencies, alleging infringement of its registered designs and trademarks concerning cigarette lighters. The plaintiff sought permanent injunctions, damages, and an accounting of profits due to the sale of similar 'BAIDE/TOYO' lighters. However, before the court could rule on the merits of the case, the learned counsel for the plaintiff moved to withdraw the suit.
Ufo Moviez India Ltd v.M/s.Real Image Media Technologies Private Limited
Ufo Moviez India Ltd filed a petition to revoke Patent No. 202969 before the Madras High Court. The court observed that the term of the said patent expired on 18.10.2022, rendering the petition infructuous.
The Chinese University of Hong Kong v.The Assistant Controller of Patents & Designs, The Patent Office
The Chinese University of Hong Kong appealed the rejection of its patent application (IN 4863), which was refused by the Assistant Controller. The core dispute centered on whether the claimed in vitro method, used to measure sequence imbalance in biological samples from pregnant women, qualified as a non-patentable diagnostic method under Section 3(i) of the Patents Act.
Starpharma Pty Ltd v.The Assistant Controller of Patents and Designs
Starpharma Pty Ltd appealed the rejection of its Indian Patent Application No. 10044/CHENP/2013, which covered a method and gel formulation for treating bacterial vaginosis. The appellant argued that the amended claims were within the scope of the original application and complete specification. The High Court set aside the rejection order and remanded the matter for reconsideration.
The Chinese University Of Hong Kong Knowledge Transfer Office v.The Assistant Controller of Patents & Designs, The Patent Office
The Chinese University of Hong Kong appealed the rejection of its patent application (IN 4812/CHENP/2012), which was rejected on the grounds that the claimed invention—a process for fetal genomic analysis from maternal samples—was an unpatentable diagnostic method under Section 3(i) of the Patents Act, 1970. The High Court allowed the appeal, holding that determining foetal fraction is related to diagnosis but is not 'diagnostic' in the statutory sense, allowing the patent application to proceed to grant.
T.V.Nagarajan v.The Controller General of Patents, Designs and Trade Marks
T.V.Nagarajan appealed the refusal of his trade mark application 'AAXLE' (Application No.4826693) by the Trade Marks Registry under Section 11 of the Trade Marks Act, 1999. The High Court found that since the proprietors of the cited marks had no objection and no objections were raised under Section 9, the refusal was liable to be set aside.
M/s.Jupiter Drugs v.Mrs.M.Sarojini
The Madras High Court dismissed M/s. Jupiter Drugs' petition seeking to expunge or limit the trade mark 'ZIPROVIT.' The court noted that the last registration was valid only until December 14, 2017, suggesting the petitioner might no longer be an aggrieved party. Furthermore, due to the absence of a current address for service on the petitioner, the court found it impossible to proceed with the matter.
M/S.Pioneer Bakeries (P) Ltd. v.Milka Nutriments Pvt. Ltd.; The Registrar of Trade Marks
The Madras High Court ruled in favor of M/S. Pioneer Bakeries, directing the removal of two specific trade marks (No. 821974 and No. 691534) from the Trade Marks Register. The court found that both marks had long expired because their renewal periods had lapsed, making them liable for cancellation under the Trade Marks Act, 1999. This decision underscores the importance of timely maintenance and renewal of intellectual property rights.
M.Viyan Aarman v.Etecetra Entertainment
M.Viyan Aarman filed a suit for copyright infringement concerning the title of the film 'Saamaniyan'. The appeal challenged an order rejecting the application for injunction, arguing that the appellant had registered the title and faced breach of trust by the first respondent. However, the court found that the appellant was only alleging infringement qua title, which is not maintainable under existing legal precedents.
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