Madras High Court
1359 cases · page 20 of 46
Showing 571–599M/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 Consequently, the Madras High Court dismissed (T)CMA(TM).No.56 of 2023 as withdrawn without passing any order regarding costs.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.
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 rejection of its PCT National Phase patent application by the Controller of Patents. The Controller rejected the application citing various objections, including issues with method claims and lack of clarity. The Madras High Court set aside the rejection order, finding that procedural lapses did not justify the rejection when substantive changes had been made to address the SER objections.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei Technologies appealed the Controller of Patents' decision to reject its PCT National Phase patent application. The Controller rejected the application citing various deficiencies, including improper numbering and lack of invention in certain claims. The High Court set aside the rejection order, finding that procedural errors did not justify the outright rejection, and remanded the matter for reconsideration.
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.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei Technologies appealed the Controller of Patents' decision to reject its PCT National Phase patent application (No. 201947028978). The Controller rejected the application citing lack of clarity in method claims and unnecessary amendments. The High Court set aside the rejection order, finding that the grounds for rejection were not based on merits, and remanded the matter for reconsideration.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei appealed the Controller of Patents' order rejecting its PCT National Phase application (No. 201947028978). The rejection was based on various objections, including lack of novelty and clarity in claims. The High Court found that the rejection was not dealt with on merits and set aside the impugned order, remanding the matter for reconsideration.
Huawei Technologies Co., Ltd v.The Controller of Patents
Huawei Technologies appealed the rejection of its PCT National Phase patent application (No. 201947017802) by the Controller of Patents. The Controller rejected the application citing failure to submit proper method claims and procedural lapses regarding Form-3 filing delay. The High Court set aside the rejection, finding that the grounds for rejection were untenable and remanding the matter.
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.
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.
Jagarlamudi Durga Prasad v.The Registrar of Trademark
The Madras High Court set aside the Trademark Registrar's refusal to register the mark 'GRAMA BAZAAR' (Application No. 3589530). The appellant successfully argued that because the mark is a device mark applied to services (operating as a marketplace), it should not be subject to the same conflicts as existing word marks registered for goods in different classes. Consequently, the court directed the Registrar to accept the application for advertisement, while imposing a limitation preventing the appellant from claiming exclusive rights over the words 'GRAMA' or 'BAZAAR'.
M/S.Chu Chu Tv Studios Llp v.The Registrar Of Trademarks
The Madras High Court allowed the appeal filed by M/S. Chu Chu Tv Studios LLP against the Registrar of Trademarks' rejection of its device mark registration (CHU CHU TV). The court overturned the refusal, finding that the grounds cited by the Registrar—including lack of turnover disclosure and failure to provide a Section 65B certificate for online content—were untenable. Crucially, the High Court held that when evidence is sourced from third-party online articles, the applicant cannot be required to produce a Section 65B certificate, thereby paving the way for the mark's acceptance.
Future Gaming And Hotel Services Pvt. Ltd. v.India G6 Hospitality Ip Llc
The Madras High Court set aside an adverse order passed by the Intellectual Property Appellate Board (IPAB) that had removed a trademark belonging to Future Gaming And Hotel Services Pvt. Ltd. The petitioner successfully argued that the IPAB's decision was ex parte, having been passed without affording them a proper hearing due to their inability to engage counsel during the COVID-19 pandemic. Consequently, the High Court allowed the writ petition and directed the matter be presented before an appropriate bench for fresh consideration.
M/s.White House (Partnership Firm) v.White House Apparels Private Limited & The Registrar of Trade Marks
The Madras High Court dismissed multiple petitions filed by M/s. White House seeking the removal of several registered trademarks belonging to its competitor, White House Apparels Private Limited. The petitioner argued they were a prior user of the 'WHITE HOUSE' mark since 1963, relying heavily on historical turnover and export documents. However, the Court found that the petitioner failed to provide sufficient evidence demonstrating continuous use or application of the mark to goods until much later (around 2015), concluding that the respondent's prior registration rights were valid.
Indoco Remedies Limited v.M/S.Micro Labs Ltd.
The Madras High Court disposed of a dispute between Indoco Remedies Limited and M/S.Micro Labs Ltd regarding the trade mark 'CITALIFT'. The parties reached an agreement, leading the court to mandate the cancellation of the disputed registration (No. 1005556). Micro Labs agreed to change its mark to 'MICROLIFT' while being granted a six-month grace period to liquidate existing inventory bearing the old mark.
Tekelec, Inc. v.The Controller of Patents
Tekelec, Inc. filed a miscellaneous petition seeking reinstatement of claim No. 32 in Patent Application No. 7133/CHENP/2009. The court noted that the petitioner's counsel was not pressing the petition and closed the matter at the SR stage.
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