Madras High Court
1345 cases · page 25 of 45
Showing 721–749M/s.S.Ponnusamy Gounder & Co. v.Sri Balaji and Co., Deputy Registrar of Trademarks
The Madras High Court dismissed the Original Petition filed by M/s.S.Ponnusamy Gounder & Co. against Sri Balaji and Co. and the Deputy Registrar of Trademarks. The petition, which sought to cancel a registered trademark (No. 1232741 in Class 30), was withdrawn by the petitioner's counsel due to a compromise reached in an earlier case (C.S.No.797 of 2009). This outcome highlights how pre-existing settlements can impact ongoing IP litigation.
Nurnbergmesse Gmbh v.The Registrar of Trademarks
Nurnbergmesse Gmbh filed a Civil Miscellaneous Appeal challenging the Registrar of Trademarks' refusal to register the mark 'India wooed' in Class 35. The appeal sought to set aside the impugned order and allow the trademark application to proceed. However, before the court could rule on the merits, the appellant instructed counsel to withdraw the appeal. Consequently, the Madras High Court dismissed the case as withdrawn.
Rajam Industries Private Limited v.Lakshmi Industries
In this trademark rectification case, Rajam Industries sought the Madras High Court to cancel a registration held by Lakshmi Industries. The petitioner argued that the request for cancellation should follow prescribed legal procedures rather than informal communication with the Trademark Registry. After noting that the respondent had initiated steps toward cancellation and agreed to undertake the necessary formal actions, the court closed the original petition.
Japan Tobacco Inc. v.The Assistant Controller of Patents and Designs, Government of India, Patent Office
Japan Tobacco Inc. filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier decision made by the Assistant Controller of Patents and Designs regarding its patent application. The appellant subsequently submitted a memo requesting the withdrawal of the appeal.
M/s.Kpr Fertilizers Ltd. v.Controller Of Patents
M/s.Kpr Fertilizers Ltd. filed an Original Petition seeking the revocation of Patent No. IN 202028, which covered a process for manufacturing Food Grade Dicalcium Phosphate. The court dismissed the petition after noting that the patent's term had expired in February 2023.
Aasife Biriyani Pvt Ltd v.Greens Lands Restaurant
Aasife Biriyani Pvt Ltd filed a lawsuit against Greens Lands Restaurant, alleging infringement of its registered trademark (No. 3768877) and associated copyrights in relation to providing food services. The plaintiff sought permanent injunctions and damages for passing off and unauthorized use of the brand. However, during the proceedings, the parties reached an out-of-court settlement.
K.P.D.Rajendran v.Mr.G.Sundarapandian
The Madras High Court dismissed the Original Petitions filed by K.P.D.Rajendran seeking the removal of trademarks 'SOLO' and 'BOVONTO.' The court noted that the impugned trademark registrations (Nos. 929435, 929437, and 929438) had not been renewed by the mark owner. Consequently, the petitions were deemed infructuous.
Umaid Mohonot v.Union Of India
Umaid Mohonot appealed against an order dismissing their writ petitions, which challenged a show cause notice issued by the Registrar of Trade Marks. The appellants argued that the notice was invalid because related disputes concerning the 'Arrow' trademark were pending before the Delhi High Court and the Intellectual Property Appellate Board. The court ultimately held that the administrative action taken by the Registrar was distinct from the private inter se dispute, thus upholding the validity of the show cause notice.
M/s. Medopharm / Medopharm Private Limited v.Leeford Healthcare Limited
The Madras High Court addressed a trademark infringement suit filed by Medopharm against Leeford Healthcare Limited regarding the use of 'EMICOF' versus the registered mark 'EMCOF'. The plaintiffs sought permanent injunctions and damages for alleged passing off and dilution. Ultimately, both parties reached an amicable resolution, which was formalized in a Memorandum of Compromise dated June 21, 2023. The court subsequently decreed the civil suit based on the terms of this compromise.
ITC Limited v.VST Industries Limited
The Madras High Court allowed ITC Limited's petition seeking rectification of a trademark registration. The court directed the removal of Trademark No. 509304 from Class 34 on the Register of Trademarks. This decision was made after VST Industries Limited filed a memo indicating no objection to the petitioner's request, effectively clearing the path for the cancellation.
M/S.Mohamed Aboobacker Chank Lungi Ltd. v.M/s.Indianpasand Inc.
M/S.Mohamed Aboobacker Chank Lungi Ltd filed a civil suit against several defendants, including M/s.Indianpasand Inc., alleging trademark infringement, copyright violation, and passing off concerning its 'SANGU' brand. The plaintiff sought permanent injunctions and damages against the use of deceptively similar marks like 'SHIPPY.' Ultimately, the court decreed the suit in terms of a Memorandum of Settlement reached between the plaintiff and the 3rd defendant.
M/s.Mohamed Aboobacker Chank Lungi Ltd. v.M/s.Indianpasand Inc.
M/s. Mohamed Aboobacker Chank Lungi Ltd filed a civil suit against several defendants, including M/s. Indianpasand Inc., alleging infringement of its registered trademarks (SANGU) and copyright in its artistic label design. The plaintiff sought permanent injunctions, damages, and surrender of infringing goods. Ultimately, the court decreed the suit based on a Memorandum of Settlement reached between the plaintiff and the 3rd defendant.
Pradeep Stainless Indian Pvt. Ltd. v.M/S.Jb Enterprises
Pradeep Stainless Indian Pvt. Ltd. filed a civil suit against M/S.Jb Enterprises alleging infringement of its registered trade mark 'PRADEEP' and copyright violation concerning its packaging logo. The plaintiff sought perpetual injunctions, damages, and mandatory disclosure. However, the court noted that both parties had submitted a Deed of Settlement dated 31.01.2023, under which the suit was withdrawn. Consequently, the High Court dismissed the case.
Tyron International Limited v.Assistant Controller of Patents and Designs, Government of India
Tyron International Limited appealed an order issued by the Assistant Controller of Patents and Designs. However, the appellant later submitted a memo stating its intention to withdraw the appeal. The High Court subsequently dismissed the case as withdrawn.
Honda Motor Co., Ltd. v.Assistant Controller of Patents and Designs, Government of India
Honda Motor Co., Ltd. filed a Transfer Civil Miscellaneous Appeal (Patent) challenging an order issued by the Assistant Controller of Patents and Designs concerning its patent application No. 3330/CHE/2011. The appellant subsequently informed the court that it intended to withdraw the appeal.
Essar Water Proofing Chemicals Pvt. Ltd. v.R.Neelakanteswara Rao
The Madras High Court dismissed the Original Petition (Trademarks) filed by Essar Water Proofing Chemicals Pvt. Ltd. The petition sought the rectification of registered trademark No. 943699 in Class 1. However, the petitioner subsequently withdrew the case on instructions from their counsel, leading to the dismissal of the petition without any order as to costs.
Merck KGa-A v.Tablets (India) Limited
Merck KGa-A filed a Civil Miscellaneous Appeal challenging the registration of a trademark application by Tablets (India) Limited. The appeal sought to set aside an earlier order and prevent the issuance of a Registration Certificate for Application No.887909 in Class 5. However, before any substantive arguments were heard, Merck KGa-A chose to withdraw its appeal. Consequently, the Madras High Court dismissed the case as withdrawn.
Trademark Address v.The Registrar of Trademarks
The Madras High Court addressed writ petitions challenging procedural delays in a trademark opposition case. While the petitioner initially sought to overturn an order rejecting an extension for evidence, the court noted that subsequent events had rendered the original petitions infructuous. Since the petitioner subsequently filed a rectification petition against the registered mark, the court disposed of the initial writs but directed the Registrar of Trademarks to expeditiously consider and decide the pending rectification application.
Bayer Schering Pharma AG v.M/s.Cipla Ltd.
Bayer Schering Pharma AG filed a Transfer Civil Miscellaneous Appeal seeking to set aside an earlier patent office order. The appellant argued that the relevant patent term had expired in August 2020, rendering the matter infructuous.
Pfizer Health AB v.The Assistant Controller of Patents
Pfizer Health AB filed a Transfer Civil Miscellaneous Appeal against an order passed by The Assistant Controller of Patents. The appellant argued that the relevant Patent No. 229260 had expired in November 2019, rendering the matter infructuous.
Adidas AG v.Muthu and The Registrar of Trademarks
Adidas AG filed a petition seeking the rectification and cancellation of the trademark registration 'ADIMAS' held by Muthu. However, before the court could rule on the merits of the dispute, both parties reached an out-of-court settlement agreement dated May 30, 2016. Consequently, Adidas sought leave to withdraw its petition, and the Madras High Court dismissed the case as withdrawn without making any order regarding costs.
Centaurus Pharma Pvt. Ltd v.Symed Labs Limited
Centaurus Pharma Pvt. Ltd filed an Original Petition seeking the revocation of Patent No. IN213062 held by Symed Labs Limited before the Madras High Court. However, the petitioner subsequently moved a memo to withdraw the petition.
Pernod Ricard India Pvt. Ltd. v.United Spirits Limited; The Registrar of Trademarks
The Madras High Court dismissed the Original Petition filed by Pernod Ricard India Pvt. Ltd. seeking the removal of the trademark 'Royal Challenge American Pride.' The petition, which sought rectification of Trademark Registration No. 4300764 in classes 32 and 33, was rendered infructuous because the registration had already been suspended prior to the court's decision.
Centaurus Pharma Pvt. Ltd v.Symed Labs Limited
Centaurus Pharma Pvt. Ltd filed an Original Petition seeking the records and proceedings related to Patent No. IN213063 held by Symed Labs Limited, with the intent to revoke and set aside the patent. However, the petitioner subsequently filed a memo requesting permission to withdraw the petition.
Comite International Olympique v.S.Kasthuri
The Madras High Court dismissed an Original Petition filed by Comite International Olympique seeking rectification and cancellation of Trademark No. 1108146 in Class 12. The dismissal was based on the fact that the trademark had already expired, having been valid only up to May 30, 2023. The court granted the petitioner leave to re-apply should the mark be restored, allowing them to pursue their claim later.
Also at v.Morepen Laboratories Ltd.
The plaintiff filed a civil suit seeking permanent injunction and delivery up of stocks against Morepen Laboratories Ltd. for alleged infringement of three registered patents related to SAROGLITAZAR free acid and its magnesium salt. The dispute was subsequently settled out of court through a Joint Compromise Memo, which the Court recorded.
Raghu Ram Guda v.Kithuru Mohideen
The Madras High Court dismissed a rectification petition filed by Raghu Ram Guda against Kithuru Mohideen and the Registrar of Trademarks. The petitioner sought to cancel Trademark No. 3952456 in Class 2. However, the court noted that the petitioner had subsequently been brought on record as the proprietor of the trademark, rendering the original petition unnecessary and moot.
M/S.J.S.F.Holdings Pvt. Ltd. v.Ms.Revathi Mohandass
The Madras High Court dismissed an Original Petition (Trademarks) filed by M/S.J.S.F.Holdings Pvt. Ltd. The petition sought the removal and rectification of Trademark No. 3712623 in Class 30. However, the petitioner subsequently informed the court that a compromise had been reached in an earlier infringement action, leading to the withdrawal of the current petition. This outcome highlights how prior litigation settlements can directly impact ongoing IP remedies.
M/S.Resq Technologies Private Limited v.Rajdeep Energies Private Limited
The Madras High Court dismissed the Original Petition filed by M/S.Resq Technologies Private Limited against Rajdeep Energies Private Limited and the Registrar of Trademarks. The petition, which sought the removal or rectification of the trade mark 'RESQ' (Device Mark) registered under Trade Mark Registration No. 1779942 in Class 09, was withdrawn by the petitioner. This dismissal followed a settlement reached between the parties involved.
Rasila Jain v.Sh.J.Pradeep
The Madras High Court dismissed the Original Petition filed by Rasila Jain seeking to remove or rectify the trademark entry 'TULASI LABEL' (No. 1783252). The court noted that documentation presented indicated the trademark was valid only until February 10, 2019. Consequently, since the mark had expired, no further adjudication was required, and the petition was dismissed as infructuous.
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