Madras High Court
1365 cases · page 20 of 46
Showing 571–599M/s. Aarthi Scans Private Limited v.Rt Diagnostics
M/s. Aarthi Scans Private Limited filed a suit alleging infringement of its trademark and passing off against Rt Diagnostics, which was using a similar trade name. The appellant sought temporary injunctions, which were previously rejected. This appeal challenged those rejection orders before the Madras High Court.
Flipkart Internet Private Ltd v.The Joint Controller of Patents and Designs
Flipkart Internet Private Ltd filed an appeal challenging the order of the Joint Controller of Patents and Designs which dismissed a Post-grant Opposition seeking revocation of Indian Patent No. 312437. The opposition contended that the patent lacked novelty, inventive step, or was not patentable under various sections of the Patents Act. The High Court examined the technical aspects and found no infirmity in the impugned order.
Sorting Hat Technologies Private Limited v.M/s.PGR E-Commerce Private Limited; The Registrar Trade Marks Registry
The Madras High Court dismissed the Transfer Original Petitions filed by Sorting Hat Technologies seeking rectification of several registered trademarks. The dismissal was not based on the merits of the case, but rather due to the Registry's inability to successfully serve notice to the petitioner at the provided address. Crucially, the court allowed the petitioner the right to revive the petitions, ensuring that procedural hurdles do not permanently bar their legal claims.
M/s.Mohamed Aboobacker Chank Lungi Limited v.M/s.Indianpasand Inc.
M/s. Mohamed Aboobacker Chank Lungi Limited filed a civil suit against M/s. Indianpasand Inc. and other defendants, alleging trademark infringement (SANGU vs. SHIPPY), copyright violation, and passing off. The plaintiff sought permanent injunctions and damages for the alleged unauthorized use of their registered marks and artistic designs by the defendants. However, due to the current non-sale status of the disputed products, the plaintiff requested permission to withdraw the suit against the first defendant while retaining the liberty to file a fresh case if infringement occurs in the future.
Commonwealth Scientific and Industrial Research Organization v.The Assistant Controller of Patents and Designs, The Patent Office
The appellant challenged an order rejecting its patent application (No. 2072/CHENP/2011) because the current set of amended claims were deemed beyond the scope of Section 59 of the Patents Act, 1970. The court examined whether the amendments expanded or narrowed the original claim scope and found that the specificity incorporated in the amended claims curtailed rather than expanded the original scope.
Sivaji Hi-Tek Foods Private Limited v.V.K.R.Venkatesan
The Madras High Court dismissed the Original Petition filed by Sivaji Hi-Tek Foods Private Limited seeking rectification and cancellation of a trade mark entry. The court noted that despite attempts to serve notice, the petitioner's address was insufficient, and their counsel confirmed they had no instructions to prosecute the matter. Consequently, the petition was dismissed for non-prosecution.
M/S. Kaleesuwari Refinery Private Ltd. v.Sri Vinayaka Agro Industries
The Madras High Court ruled in favor of M/S. Kaleesuwari Refinery Private Ltd., granting a permanent injunction against Sri Vinayaka Agro Industries for infringing the registered trade mark 'DHEEPAM' and engaging in passing-off. The court found that the defendant's use of 'V RICH DEEPAM OIL' and its deceptively similar packaging material constituted infringement, despite the defendant failing to appear in court. This judgment reinforces the protection afforded to well-known trademarks against confusingly similar marks.
Avtar Singh And Mr.Harkirat Singh Trading as M/s.Aero Club v.Chiranjeelal Bihani and The Registrar of Trade Marks, Chennai
The Madras High Court dismissed a Trade Marks Original Petition filed by Avtar Singh and Mr. Harkirat Singh against Chiranjeelal Bihani. The core issue was the validity of Trade Mark No. 963781, which had expired on October 16, 2010, due to non-renewal. Since the statutory period for renewal had long passed, the court found the petition to be infructuous and dismissed it without further order.
MGM Healthcare Private Limited v.Varamm Healthcare Private Limited
The Madras High Court dismissed appeals filed by MGM Healthcare, the registered trademark owner of 'VARAM', against an interlocutory injunction order. The court upheld the Single Judge's decision, finding that the respondent, Varamm Healthcare, had presented prima facie evidence suggesting prior and continuous usage of its mark 'VARAMM'. While noting the burden of proof lies with the prior user, the appellate bench was reluctant to interfere with the lower court's discretionary findings on initial evidence, allowing the main suit to proceed based on full evidence.
Meenambigai Products v.The Registrar of Trade Marks
The Madras High Court dismissed the Original Petition filed by Meenambigai Products against The Registrar of Trade Marks. The petition sought rectification of a trade mark registration entry (No. 1524417 in Class 30). However, due to the petitioner's failure to appear and prosecute the matter despite receiving proper court notice, the High Court dismissed the case without making any substantive order regarding costs.
Rigo Trading S.A.Societe Anonyme v.Unigum Gida Maddeleri Sanayi Ticaret Anonim Sirketi; The Deputy Registrar of Trade Marks, Trade Mark Registry Chennai
The Madras High Court dismissed a petition filed by Rigo Trading S.A.Societe Anonyme seeking to expunge the device mark 'BLOX' (Registration No. 1706420) from the register. The court noted that the trade mark's last registration was valid only until July 3, 2018. Since the statutory long stop date for renewal had expired, the petition was deemed infructuous and dismissed without further order.
M/s.Mysore Silk Udyog v.M/s.Mysore Saree Udyog LLP
The Madras High Court dismissed two Original Petitions filed by M/s. Mysore Silk Udyog seeking to expunge or limit the scope of registered trade marks belonging to M/s. Mysore Saree Udyog LLP. The dismissal was not based on the merits of the trademark dispute, but rather because the petitioner failed to appear and could not be served notice at the address provided in the petition. This highlights the critical importance for IP litigants to maintain accurate contact information throughout legal proceedings.
Idorsia Pharmaceuticals Ltd v.The Assistant Controller Of Patents And Designs
Idorsia Pharmaceuticals Ltd appealed the Assistant Controller of Patents and Designs' order rejecting its patent application for 'N-substituted indole derivatives as PGE2 receptor modulators'. The appellant argued that it was not given a proper opportunity to justify the inclusion of the expression 'pharmaceutically acceptable salts' in its claims before the rejection. The High Court set aside the rejection order and remanded the matter.
Medybiz Pharma Pvt. Ltd. v.The Registrar of Trademarks
Medybiz Pharma Pvt. Ltd. filed a Civil Miscellaneous Appeal challenging the refusal of their trademark application by The Registrar of Trademarks. However, before the High Court could rule on the merits of the appeal, the appellant chose to withdraw the case. Consequently, the Madras High Court dismissed (T)CMA(TM).No.56 of 2023 as withdrawn without passing any order regarding costs.
Heraeus Electro-Nite International N.V. v.The Registrar of Trade Marks
Heraeus Electro-Nite International N.V. successfully appealed a rejection by the Registrar of Trade Marks regarding its word mark 'QuiK-Tap' for temperature measuring devices. The Madras High Court overturned the refusal, finding that the original order and grounds of decision were unsustainable and lacked proper reasoning. The court accepted the evidence of use provided by the appellant, allowing the trademark application to proceed to advertisement.
Kurlon Limited v.M/S.Peps Industries Private Limited
The Madras High Court dismissed the Original Petition (Trade Marks) filed by Kurlon Limited against M/S.Peps Industries Private Limited. The petition sought to rectify the trademark register by removing the mark 'NO TURN' held by the respondent. This dismissal was not based on merits but followed a settlement agreement reached between the parties, requiring the petitioner to withdraw the rectification request.
Ganesh Grains Limited v.K.R.Nagendra And K.N.Shoba; The Registrar of Trade Marks
Ganesh Grains Limited filed two Original Petitions before the Madras High Court seeking the cancellation and expungement of specific registered trade marks (No. 460314 and No. 2000889). The petitions aimed to challenge the validity or registration of these marks. However, the petitioner subsequently instructed her counsel to withdraw both Original Petitions. Consequently, the High Court dismissed the proceedings as withdrawn without making any order regarding costs.
M/s.Murugan Idli Shop v.M/s.Sri Murugan Idli Shop
M/s.Murugan Idli Shop filed a civil suit against M/s.Sri Murugan Idli Shop, seeking perpetual injunctions against the use of deceptively similar marks like 'SRI MURUGAN IDLI SHOP.' The plaintiff claimed infringement of their registered trademark and copyright related to their business name and branding. However, during the proceedings, the plaintiff's counsel informed the court that the defendant was not operating under the impugned name, leading the plaintiff to withdraw the suit.
V.K.R.Venkatesan v.V. Mahendran
This case involved a dispute over trademark and copyright infringement concerning 'VKR SIVAJI BRAND' used on rice products. The plaintiff filed a suit seeking permanent injunctions against the defendant for using deceptively similar marks and artistic works. However, despite multiple opportunities and court directions to file necessary affidavits and proceed with evidence, the plaintiff repeatedly failed to comply with the case management schedule. Consequently, the High Court dismissed the suit for default.
Microsoft Technology Licensing, LLC v.The Controller of Patents and Designs
Microsoft Technology Licensing appealed the refusal of its patent application (No. 3211/CHENP/2010) for 'Software Defined Radio Architecture'. The appellant argued that the rejection order lacked sufficient reasoning and failed to consider their submissions in response to the First Examination Report, despite prior art documents being cited.
Novozymes v.Assistant Controller of Patents & Designs, Patent Office Chennai
Novozymes appealed the refusal by the Assistant Controller of Patents & Designs to grant a patent for its phytase variants. The rejection was based on Sections 3(d) and 3(e) of the Patents Act, 1970. The High Court set aside the rejection concerning claims 1-7, allowing the application to proceed towards grant.
FC Madras Trust v.The Registrar of Trade Marks
The Madras High Court allowed an appeal filed by FC Madras Trust against the Registrar of Trade Marks' refusal to register the trademark 'FC MADRAS'. The initial objection was based on Section 9(1)(a) of the Trade Marks Act, claiming the mark was a common geographical name and lacked distinctive character. The court ruled that when viewed as a whole, the mark is not descriptive of the goods (printed publications), especially given its prior successful registration in other classes. Consequently, the refusal order was set aside, allowing the application to proceed for advertisement.
Nutri Feeds And Farms Private Limited v.The Registrar Of Trade Marks
The Madras High Court allowed an appeal filed by Nutri Feeds And Farms Private Limited against the Registrar of Trade Marks' refusal to register their device mark. The court found that when viewed as a whole—including the rooster image, stylized font, and corporate name—the mark was distinctive and did not fall under absolute grounds for refusal. Crucially, the prior registration of an identical mark in a related class bolstered the appellant's case, leading the court to set aside the objection and allow the application to proceed to registration.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei Technologies appealed the rejection of its PCT National Phase patent application (No. 201947029757) by the Controller of Patents. The appellant argued that the objections raised in the Second Examination Report were effectively addressed through amendments, and the rejection was based on procedural grounds rather than merits. The High Court set aside the impugned order and remanded the matter for reconsideration.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei appealed the rejection of its PCT National Phase patent application (No. 201947028978) by the Controller of Patents. The appellant argued that the rejection was based on procedural failures and misinterpretations, despite having addressed substantive objections raised in the Second Examination Report. The High Court set aside the impugned order and remanded the matter for reconsideration.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei appealed the Controller of Patents' decision to reject its PCT National Phase patent application (No. 201947017802). The rejection was based on alleged failures regarding proper method claim submission and procedural delays concerning Form-3 filing. The High Court set aside the rejection, finding that the grounds were untenable and remanding the matter for reconsideration.
Dhanavilas Madras Snuff Company v.S.Kumaradhas Snuff Company
This case involved Dhanavilas Madras Snuff Company suing S.Kumaradhas Snuff Company for trademark and copyright infringement, along with passing off, concerning their snuff products. The plaintiff sought permanent injunctions against the use of similar marks and designs, as well as recovery of profits. Ultimately, both parties reached a settlement agreement on August 7, 2023, which was subsequently formalized by the Madras High Court.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei Technologies appealed the Controller of Patents' order rejecting its PCT National Phase application. The rejection was based primarily on alleged failure to submit proper method claims and procedural lapses regarding a delayed Form-3 filing. The High Court set aside the impugned order, finding that the rejection was not dealt with on merits and procedural errors did not justify rejection, thus remanding the matter for reconsideration.
Titan Company Ltd. v.Titan Plast Pvt. Ltd.
The Madras High Court dismissed an appeal filed by Titan Company Ltd. against Titan Plast Pvt. Ltd. The court noted that the trade mark in question, No. 925369 (Class 20), had not been renewed since May 17, 2010. Since the long stop date for renewal had expired, the appeal was deemed infructuous and dismissed without further order.
Laticrete International, Inc. v.The Registrar of Trade Marks
The Madras High Court allowed Laticrete International's appeal against the Registrar of Trade Marks' refusal to register its trademark application. The court found the original refusal order was unreasoned, essentially a 'copy and paste job,' and failed to consider the appellant's arguments regarding the cited marks. Crucially, the court noted that two of the five cited conflicting marks had been abandoned, while the remaining three were still in an 'opposed' status, making the application eligible for advertisement.
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