Madras High Court
1359 cases · page 24 of 46
Showing 691–719Sun Pharma Laboratories Ltd v.B.B. Mohan Kumar Trading As East West Pharma & The Registrar of Trademarks
The Madras High Court dismissed the rectification petition filed by Sun Pharma Laboratories Ltd against Trademark No. 1764708. The court noted that the trademark in question had expired on December 17, 2018, and was not subsequently renewed. Consequently, the petitioner's request to remove the entry from the register became infructuous.
M/s.Kaleesuwari Refinery Pvt. Ltd. v.M/s.Ennar Enterprises
M/s.Kaleesuwari Refinery Pvt. Ltd filed a suit against M/s.Ennar Enterprises alleging multiple infringements, including the unauthorized use of a deceptively similar trademark ('GOLD PRIME') and passing off their edible oil product. The plaintiff sought permanent injunctions protecting their registered trade mark 'Gold Winner' and associated copyright in packaging design. Ultimately, both parties reached an amicable resolution and settled the dispute.
Bharatiya Janata Party Kisan Morcha, Andhra Pradesh Unit v.Monsanto Technology, LLC
The petitioner filed a Transfer Original Petition seeking the revocation of Indian Patent No. 232681 held by Monsanto Technology. The first respondent submitted that the term of this patent had already expired on June 5, 2022.
Bluechip Amusements (India) Pvt. Ltd. v.Crazy Concepts And Mazes Pvt.Ltd.
The Madras High Court dismissed the Original Petitions filed by Bluechip Amusements against Crazy Concepts and Mazes. The dismissal was due to non-prosecution, as the petitioner informed the court that they no longer operated their outlet under the name 'HORROR HOUSE.' This outcome highlights the importance of active litigation management in trademark disputes.
M.Sarojini v.M/s. Ce Biotech (P) Limited
The Madras High Court dismissed a petition filed by M.Sarojini seeking the expungement of the trademark ZIPROVIT (No. 1631278) from the register, which was held in the name of M/s. CE Biotech (P) Limited. The petitioner subsequently informed the court that they were withdrawing the petition due to the non-renewal of the relevant trademark registration. This outcome highlights the procedural necessity of maintaining active IP rights.
M/S.Verizon Trademarks Services Llc v.M/s. Verinon Technology Solutions Private Limited; The Registrar of Trade marks
The Madras High Court dismissed a petition seeking rectification and cancellation of Trademark No. 2110042 due to non-renewal. The court noted that since the trademark registration had lapsed (last renewed up to March 4, 2021), no further adjudication was required on the merits of the dispute. Consequently, the Registrar of Trade Marks was directed to take necessary steps within four weeks to rectify the register and cancel the mark.
Ramesh Gupta And Rajan Gupta Partners Of M/s Ganga Containers v.M.A.Hameed Proprietor, AH Food products
The Madras High Court dismissed a trademark petition filed by Ramesh Gupta and Rajan Gupta Partners against M.A. Hameed Proprietor. The court noted that the core subject matter, Trademark Registration No. 1879905, had been cancelled. Since the underlying right was no longer valid, the entire petition became infructuous, leading to its dismissal without any order regarding costs.
M/s. Adwaith Lakshmi Industries Limited v.Mylsamy Ranga Ramanujam
M/s. Adwaith Lakshmi Industries Limited filed an Original Petition seeking the rectification or revocation of Patent No. 262529, alleging it was invalid and obtained by misrepresentation. The petitioner subsequently withdrew the petition.
M/S. Hatsun Agro Product Limited v.H.Omar Farook and The Registrar of Trade Marks
M/S. Hatsun Agro Product Limited filed a petition seeking the cancellation and rectification of Trademark No. 2555577 in Class 25, arguing its invalidity or non-use. However, upon receiving an affidavit from the first respondent, H.Omar Farook, which confirmed that the trademark had expired on June 27, 2023, and that he would not renew it, the Madras High Court dismissed the petition as infructuous. This outcome highlights how a simple change in registration status can immediately resolve complex IP disputes.
M.Y. Mumtaj Begum & M. Badrudeen v.K.R. Iqbal Ahmmed & The Registrar of Trade Marks
The Madras High Court addressed an Original Petition seeking the rectification and cancellation of Trademark Registration No. 1509172, which was granted to K.R. Iqbal Ahmmed for beedies and tobacco products. However, before any substantive hearing could take place, the petitioners communicated their decision to withdraw the petition. Consequently, the court dismissed the Original Petition as withdrawn without making any order regarding costs.
Novartis AG v.The Controller of Patents and Designs
Novartis AG appealed against an order passed by the Controller of Patents and Designs regarding an opposition filed under Section 25(2) concerning Patent No. 223313. The court noted that the term of Patent No. 223313 had expired on May 16, 2023.
Kurian John Melamparambil v.Sulbha G. Shenoi; The Trademark Registry
The Madras High Court dismissed the Original Petition filed by Kurian John Melamparambil seeking rectification of Trademark No. 1301085. The dismissal was based on a submission from the first respondent, stating that the trademark had not been renewed since August 6, 2014. Consequently, the petition to remove or rectify the entry became infructuous.
M/S.Thalappakattu Biriyani & Fast Food v.M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel; The Deputy Registrar of Trademarks, Chennai
The Madras High Court addressed a petition filed by M/S.Thalappakattu Biriyani & Fast Food seeking the cancellation and rectification of Trademark No. 1408388, which was registered in favor of another party. However, before the court could rule on the merits of the trademark dispute, the petitioner voluntarily chose to withdraw the Original Petition. Consequently, the High Court dismissed the case as withdrawn without making any order regarding costs.
Mr.Pawan Kumar Santhaliaa Trading as M/s.Sri Shyam Store and M/s.Techno Sportswear Private Limited v.G.Kannan Trading as D.S.K.Garments
This case involved a suit filed by Mr. Pawan Kumar Santhaliaa (trading as M/s.Sri Shyam Store) and M/s.Techno Sportswear Private Limited against G.Kannan (D.S.K.Garments) and Hitlar Fashions. The plaintiffs sought permanent injunctions for trademark infringement, passing off, and copyright violation concerning the 'TECHNO' brand used on garments. Ultimately, a compromise was reached between the plaintiffs and the first defendant, leading to the suit being decreed based on the terms of the Joint Compromise Memo.
Mr.Pawan Kumar Santhaliaa (Trading as M/s.Sri Shyam Store) and M/s.Techno Sportswear Private Limited v.G.Kannan (Trading as D.S.K.Garments)
This case involved a suit filed by Mr.Pawan Kumar Santhaliaa and M/s.Techno Sportswear Private Limited against G.Kannan and Hitlar Fashions for alleged infringement of their trademark 'TECHNO' and copyright in artistic works used on garments. The plaintiffs sought permanent injunctions, damages, and accounts of profits. Ultimately, a compromise was reached between the plaintiffs and the first defendant, leading to the suit being decreed based on the terms of the Joint Compromise Memo.
Novartis AG v.Sun Pharmaceuticals Limited
Novartis AG filed a Transfer Civil Miscellaneous Appeal seeking to set aside an earlier order and allow its patent application (No. IN/PCT/2001/00016/CHE) to proceed to grant. However, the appellant failed to note that Patent No. 223313 had already expired on May 16, 2023. Consequently, the Madras High Court dismissed the appeal as infructuous.
Upl Limited v.Basf Se
UPL Limited filed an Original Petition (Patent) seeking the revocation of Patent No. 262428 against Basf Se and The Controller of Patents. However, the petitioner subsequently instructed their counsel to withdraw the petition.
Novartis AG v.Asst.Controller of Patents and Designs, Government of India
Novartis AG filed a Transfer Civil Miscellaneous Appeal challenging an order passed by the Assistant Controller of Patents and Designs regarding a Post Grant Opposition to Patent No. 237273. The appeal was subsequently withdrawn by the appellant.
India Nippon Electricals Limited v.M/s. Denso Corporation
India Nippon Electricals Limited filed an Original Petition seeking the revocation of Indian Patent 240996 granted by the Controller of Patents. However, the petitioner's counsel subsequently instructed to withdraw the petition.
ITC Limited v.Britannia Industries Ltd.
ITC Limited filed a suit against Britannia Industries Ltd. alleging imitation of its trade dress for biscuits. The defendant sought to reject the plaint on grounds including lack of urgency, failure to comply with pre-mediation requirements, and jurisdictional challenges. The Madras High Court dismissed the application to reject the plaint, finding that the plaintiff had established jurisdiction and that the case warranted consideration despite procedural objections.
Sun Pharmaceutical Industries Limited v.The Controller of Patents and Designs
Sun Pharmaceutical Industries Limited filed a Transfer Civil Miscellaneous Appeal challenging an earlier decision by the Controller of Patents and Designs concerning Patent No. 224855. However, both parties submitted that the term of Patent No. 224855 had already ceased on October 14, 2019.
Abbvie Deutschland GmbH & Co Kg v.Assistant Controller of Patents and Designs, Government of India, Patent Office
Abbvie Deutschland GmbH & Co Kg filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier decision made by the Assistant Controller of Patents and Designs. The appeal sought to allow Application No. 2420/CHENP/2009 for patent grant. However, the appellant subsequently withdrew the appeal.
Indian Institute of Technology Madras v.The Controller of Patents and Designs
The Indian Institute of Technology Madras filed a Transfer Civil Miscellaneous Appeal challenging an order passed by The Controller of Patents and Designs regarding the renewal application for its Patent No. 2007637. However, the appellant subsequently instructed counsel to withdraw the appeal.
Oracle International Corporation v.Controller Of Patents
Oracle International Corporation filed a Transfer Civil Miscellaneous Appeal challenging the Controller of Patents' order regarding the patentability of its application (3566/CHENP/2006). The appeal argued that the subject matter was eligible for patent protection and not excluded as a business method or computer program per se. However, the appellant subsequently withdrew the appeal.
Sucampo AG v.Assistant Controller of Patents and Designs, Government of India
Sucampo AG filed a Transfer Civil Miscellaneous Appeal (Patents) challenging the revocation of Patent No. 223147 by the Assistant Controller of Patents and Designs. The appellant subsequently submitted a memo requesting the withdrawal of the appeal.
Merck Sharp & Dohme Corp. v.The Assistant Controller of Patents and Designs
Merck Sharp & Dohme Corp. filed a Transfer Civil Miscellaneous Appeal (Patents) seeking to set aside an impugned order and grant a patent on Indian Patent Application No. 5162/CHENP/2010. The appellant subsequently instructed counsel to withdraw the appeal.
Universidad De Nvarra v.Assistant Controller of Patents and Designs, Government of India
Universidad De Nvarra filed a Transfer Civil Miscellaneous Appeal (Patents) seeking to overturn previous orders and allow its patent application No.4387/CHENP/2006 to proceed to grant. However, the appellant subsequently submitted a memo requesting the withdrawal of the appeal.
Oracle International Corporation v.The Controller of Patents
Oracle International Corporation filed a Transfer Civil Miscellaneous Appeal challenging the refusal of its patent application (No. 3740/CHENP/2006) by the Assistant Controller of Patents. The appeal was subsequently withdrawn by the appellant.
Novartis AG v.Cipla Limited
Novartis AG filed a Transfer Civil Miscellaneous Appeal (Patents) challenging the decision of the Assistant Controller of Patents and Designs regarding Patent Application No. 593/CHE/2005. The appellant subsequently instructed its counsel to withdraw the appeal.
United Foods Public Company Limited v.The Registrar of Trademarks
United Foods Public Company Limited filed a Civil Miscellaneous Appeal challenging the Registrar of Trademarks' refusal to register the mark 'YOYO' in Class 30. The appeal sought to set aside the refusal and allow the trademark application to proceed. However, before the court could rule on the merits of the case, the appellant voluntarily moved for withdrawal. Consequently, the Madras High Court dismissed the appeal as withdrawn.
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