Madras High Court
1345 cases · page 27 of 45
Showing 781–809Nivaran Herbal Pvt. Ltd. v.Registrar of Trademarks
The Madras High Court allowed a petition filed by Nivaran Herbal Pvt. Ltd. seeking the removal of the trademark 'KHANSI NIVAARAN' (Registration No. 1740206). The court found that the cancellation was mandated by a prior compromise order reached between the parties in C.S.No.644/2011. Consequently, the Registrar of Trademarks was directed to take all necessary steps to expunge the mark from the register.
Sowkhya Way2 Health Private Limited v.Dr.Isaac Mathai; Soukya Indian Holistic Centre Pvt. Ltd.; The Registrar of Trademarks
In a matter concerning the removal and rectification of trademarks, Sowkhya Way2 Health Private Limited filed two petitions against Dr. Isaac Mathai and others. However, citing a prior memorandum of compromise between the parties, the petitioner subsequently withdrew both petitions. The Madras High Court accepted the withdrawal, dismissing the cases without making any ruling on the merits or costs.
Rajesh Kumar Naredi Trading as Visesh Appliances v.Rallifan Limited
The Madras High Court dismissed the petition filed by Rajesh Kumar Naredi against Rallifan Limited concerning the rectification of Trademark No. 306508 in Class 11. The dismissal occurred because both parties had reached a settlement agreement, which was formally recorded by the court. This outcome highlights how out-of-court settlements can resolve complex intellectual property disputes efficiently.
Rallifan Ltd. v.Registrar of Trademarks
Rallifan Ltd. filed a petition seeking the removal or rectification of a trademark registration (No. 1213190) from the register. However, before the court could rule on the merits of the case, the petitioner filed a memo stating that the parties had reached an out-of-court settlement. Consequently, the Madras High Court dismissed the petition as withdrawn.
F.Hoffmann-La Roche Ltd. v.Aurobindo Pharma Limited
F.Hoffmann-La Roche Ltd. filed a petition seeking revocation of Indian Patent No. 216665 against Aurobindo Pharma Limited and the Controller of Patents. The court noted that the patent's term had expired on June 24, 2014, rendering the matter infructuous.
F.Hoffmann-La Roche Ltd v.Mylan Laboratories Limited
F.Hoffmann-La Roche Ltd filed a petition seeking the revocation of Patent No. 205706 held by Mylan Laboratories Limited and the Controller of Patents. However, the court noted that the term of Patent No. 205706 had already expired on June 4, 2021.
Abs Global, Inc. v.Cytonome/ST, LLC
Abs Global, Inc. filed a petition seeking the revocation of Patent No. 240790 granted to Cytonome/ST, LLC. However, the court noted that leave had been granted in another proceeding for the petitioner (and defendants) to withdraw the revocation proceedings. Consequently, the High Court dismissed the current petition as withdrawn.
F.Hoffmann-La Roche Ltd v.Mylan Laboratories Limited
F.Hoffmann-La Roche Ltd filed a petition seeking the revocation of Patent No. 205706. However, the petitioner's counsel submitted that the term of the patent had already expired on June 4, 2021.
Ranbaxy Laboratories Ltd. v.Novartis AG
Ranbaxy Laboratories Ltd. filed a petition seeking the revocation of Patent No. 212815 titled “N-substituted 2-cyanopyrrolidines” under Section 64 of the Patents Act, 1970. The court dismissed the petition as infructuous after noting that the patent term had already expired and the petitioner had previously requested withdrawal.
Lupin Limited v.Dong-A ST Co., Ltd.
Lupin Limited filed a petition seeking the revocation of Patent No. 236862 granted to Dong-A ST Co., Ltd. However, the petitioner subsequently informed the court that they would not prosecute the matter further due to the patent's term expiring shortly.
F.Hoffmann-La Roche Ltd v.Matrix Laboratories Limited
F.Hoffmann-La Roche Ltd filed a petition seeking revocation of Patent No. 224634, which was granted to Matrix Laboratories Limited. The court noted that the term of Patent No. 224634 had expired on the date of the judgment.
F.Hoffmann-La Roche Ltd v.Natco Pharma Limited
F.Hoffmann-La Roche Ltd filed a petition seeking the revocation of Patent No. 252762. The court noted that the term of this patent had already expired on February 3, 2014.
Delight Chemicals Private Limited v.Ganga Yallappa trading as Sarpa Paint
The Madras High Court dismissed several petitions filed by Delight Chemicals Private Limited seeking the removal or rectification of trademarks registered under Ganga Yallappa. The court noted that the petitioner had previously won a suit for infringement and passing off against the respondent in 2019. Crucially, the respondents submitted that the subject trademark had not been renewed since 2017. Based on this development, the High Court found that there was nothing left to adjudicate in the pending petitions, leading to their dismissal as infructuous.
Bioviz Technologies Pvt Ltd v.Schering Corporation
Bioviz Technologies Pvt Ltd filed a petition seeking the revocation of Indian Patent No. 207233 held by Schering Corporation. The court noted that the term of the patent had already expired on March 24, 2019.
Mr.K.Mangudithangaraj (Trading as Poonam Enterprises) v.Mrs. Thirumalsamy Shanthi & Mr. Karnan
This civil suit was filed by Mr. K. Mangudithangaraj, trading as Poonam Enterprises, against Mrs. Thirumalsamy Shanthi and Mr. Karnan for alleged trademark infringement and passing off related to the registered mark 'POONAM'. The plaintiff sought permanent injunctions and damages due to the defendants' use of the similar mark 'PUNITHAM'. However, despite multiple opportunities, the plaintiff failed to appear before the court on the date of judgment.
G.Daniel v.S.A.Safiullah and Company
G.Daniel filed a petition seeking the revocation of Patent No. 198079 under Section 64 of the Patent Act, 1970, alleging it lacked novelty and/or inventive subject. The respondent submitted that the term of the said patent had already expired.
T.A.S. Safraj Khan (USI Traders) v.S.A.Safiullah and The Controller of Patents
The petitioner filed a petition seeking the revocation of Patent No. 198079, which was granted to S.A.Safiullah by The Controller of Patents. However, the respondent submitted that the term of the patent had already expired, rendering the matter infructuous.
T.A.S. Safraj Khan (USI Traders) v.S.A.Safiullah and The Controller of Patents
The petitioner filed a petition seeking the revocation of Patent No. 198079, which was granted by the Controller of Patents to S.A.Safiullah. The first respondent submitted that the term of the patent had expired, rendering the matter infructuous.
B.Kailasam Sole Proprietor of M/s.Sri Ayyappan Fine Arts v.S.A.Safiullah an Indian National, trading as Sole Proprietor in the name and style of S.A.SAFIULLAH & CO
The petitioner filed a petition seeking the revocation of Patent No. 198079, which was granted to the first respondent. The court noted that the term of the said patent had expired.
Matrix Labs. Limited v.Astellas Pharma Europe Bv
Matrix Labs. Limited filed a petition seeking revocation of Indian Patent No. 234753. However, the court noted that the term of the subject patent had already expired on June 25, 2017.
N.Solomon v.S.A.Safiullah and The Controller of Patents Patent Office
N.Solomon filed a petition seeking the revocation of Patent No. 198079, which was granted to S.A.Safiullah. The court noted that the term of the said patent had expired.
M/s.Fair Beat Herbals Cosmetics Private Ltd. v.The Registrar of Trademarks
The Madras High Court addressed writ petitions challenging trademark registration proceedings involving 'Fair Beat'. The court noted that objections had been raised against the application, and an inquiry was pending before the Trademark Registry. Consequently, the High Court directed the Registrar of Trademarks to conduct a thorough enquiry, ensuring all parties are given an opportunity to participate, and to pass final orders on the merits as quickly as possible.
Ifp Energies Nouvelles v.The Assistant Controller of Patents and Designs, Government of India
Ifp Energies Nouvelles appealed the rejection of its patent application (No. 1373/CHE/2015) by the Controller of Patents and Designs, Chennai. The appellant argued that the rejection order was non-speaking and failed to consider their submissions or prior acceptance in the USA. The High Court agreed, finding that the material contentions were ignored.
M/s. Symphony Recording Co. v.Dr.K.Shobana
The appellant (M/s. Symphony Recording Co.) appealed an order that granted interim injunctions to the respondent (Dr. K. Shobana), alleging infringement of her copyright in sound recordings ('Kanda Sashti Kavacham' and 'Twinkle Twinkle Little Star'). The core dispute revolved around whether agreements signed by Dr. Shobana while she was a minor were valid, and the rights of the performer under the Copyright Act.
Hatsun Agro Product Ltd. v.M/S.Himachal Milk Food Products
Hatsun Agro Product Ltd. filed a civil suit against M/S.Himachal Milk Food Products alleging infringement of its trademarks and copyrights, specifically concerning the use of similar containers and labels on dairy products like Ghee. The plaintiff sought permanent injunctions and damages for passing off. However, before the court could rule on the merits of the case, the plaintiff moved to withdraw the suit, which was subsequently granted by the Madras High Court.
Applicant/Plaintiff (Name not specified) v.M/S.Knoll Health Care Pvt. Ltd.
The Madras High Court addressed an application filed by the plaintiff seeking permission to initiate fresh trademark rectification proceedings against a registered mark held by the respondent. The court noted that multiple rectification actions were already pending before the Registrar and other forums initiated by both parties. Consequently, the court rejected the plaintiff's request for leave, emphasizing that existing legal processes must be allowed to run their course to prevent conflicting judgments.
Old Madras Baking Company Pvt. Ltd v.The Registrar of Trademarks; M/s.Suryachandra Enterprises
The Madras High Court dismissed the Writ Petition filed by Old Madras Baking Company Pvt. Ltd against The Registrar of Trademarks and M/s.Suryachandra Enterprises. The petitioner had sought to quash a registered trademark 'OMBC' held by Respondent No. 2, arguing infringement or improper registration. However, the court noted that the prayer in the petition had become infructuous, leading to its dismissal.
Old Madras Baking Company Pvt. Ltd. v.The Registrar of Trademarks, The Trademarks Registry; M/s.Suryachandra Enterprises
The Madras High Court dismissed a Writ Petition filed by Old Madras Baking Company Pvt. Ltd. against the Registrar of Trademarks and M/s.Suryachandra Enterprises. The petitioner had sought to quash the registration of the trademark 'OMBC' under application no.5054052, which was held by Respondent No. 2. However, the court noted that the prayer in the petition had become infructuous, leading to its dismissal.
Mr.C.S.Padam Chand v.K.Shibu Proprietor Thameem Films and M/s H.R.Pictures
The appeal concerned the appellant's attempt to restrain the release of the movie 'Thugs' due to alleged non-fulfillment of obligations under prior copyright agreements with K.Shibu. The court found that although H.R.Pictures was not a party to the original agreement, an interim injunction could be maintained against its further exploitation (OTT rights) provided K.Shibu furnished adequate security.
Umaid Mohonot, Proprietor, M/s.Jay Plastic Company v.Union of India
The petitioner challenged a show cause notice issued by the Assistant Registrar of Trade Marks and GI regarding their registered trade mark 'ARROW'. The respondents argued that the registration was erroneous as it related to government property. The High Court dismissed the writ petition, stating that the petitioner should have participated in the adjudication process rather than challenging the initial notice.
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