1345 cases · page 27 of 45

trademark plaintiff favorable · Apr 28, 2023

Nivaran Herbal Pvt. Ltd. v.Registrar of Trademarks

Madras High Court · (T)OP(TM)/38/2023

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.

trademark dismissed · Apr 28, 2023

Sowkhya Way2 Health Private Limited v.Dr.Isaac Mathai; Soukya Indian Holistic Centre Pvt. Ltd.; The Registrar of Trademarks

Madras High Court · (T)OP(TM)/95/2023 & (T)OP(TM)/96/2023

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.

trademark settled · Apr 27, 2023

Rajesh Kumar Naredi Trading as Visesh Appliances v.Rallifan Limited

Madras High Court · (T)OP(TM)2/2023

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.

trademark settled · Apr 27, 2023

Rallifan Ltd. v.Registrar of Trademarks

Madras High Court · (T)OP(TM)4/2023

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 Consequently, the Madras High Court dismissed the petition as withdrawn.

patent dismissed · Apr 26, 2023

F.Hoffmann-La Roche Ltd. v.Aurobindo Pharma Limited

Madras High Court · (T)OP(PT)28/2023

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.

patent dismissed · Apr 21, 2023

F.Hoffmann-La Roche Ltd v.Mylan Laboratories Limited

Madras High Court · (T)OP(PT)42/2023

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.

patent dismissed · Apr 21, 2023

Abs Global, Inc. v.Cytonome/ST, LLC

Madras High Court · (T)OP(PT)58/2023

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.

patent dismissed · Apr 21, 2023

F.Hoffmann-La Roche Ltd v.Mylan Laboratories Limited

Madras High Court · (T)OP(PT)42/2023

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.

patent dismissed · Apr 21, 2023

Ranbaxy Laboratories Ltd. v.Novartis AG

Madras High Court · (T)OP(PT)47/2023 ORA/39/2014/PT/CHN

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.

patent dismissed · Apr 21, 2023

Lupin Limited v.Dong-A ST Co., Ltd.

Madras High Court · (T)OP(PT)55/2023

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.

patent dismissed · Apr 21, 2023

F.Hoffmann-La Roche Ltd v.Matrix Laboratories Limited

Madras High Court · (T)OP(PT)43/2023

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.

patent dismissed · Apr 21, 2023

F.Hoffmann-La Roche Ltd v.Natco Pharma Limited

Madras High Court · (T)OP(PT)41/2023 ORA/22/2014/PT/CHN

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.

trademark dismissed · Apr 20, 2023

Delight Chemicals Private Limited v.Ganga Yallappa trading as Sarpa Paint

Madras High Court · (T)OP(TM)50/2023, (T)OP(TM)51/2023 & (T)OP(TM)52/2023

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.

patent dismissed · Apr 19, 2023

Bioviz Technologies Pvt Ltd v.Schering Corporation

Madras High Court · (T)OP(PT)21/2023

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.

trademark dismissed · Apr 18, 2023

Mr.K.Mangudithangaraj (Trading as Poonam Enterprises) v.Mrs. Thirumalsamy Shanthi & Mr. Karnan

Madras High Court · C.S.No.379 of 2020

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.

patent dismissed · Apr 17, 2023

G.Daniel v.S.A.Safiullah and Company

Madras High Court · (T)OP(PT)1/2023 ORA/10/2008/PT/CH

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.

patent dismissed · Apr 17, 2023

T.A.S. Safraj Khan (USI Traders) v.S.A.Safiullah and The Controller of Patents

Madras High Court · (T)OP(PT)10/2023

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.

patent dismissed · Apr 17, 2023

T.A.S. Safraj Khan (USI Traders) v.S.A.Safiullah and The Controller of Patents

Madras High Court · (T)OP(PT)10/2023

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.

patent dismissed · Apr 17, 2023

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

Madras High Court · (T)OP(PT)12/2023

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.

patent dismissed · Apr 17, 2023

Matrix Labs. Limited v.Astellas Pharma Europe Bv

Madras High Court · (T)OP(PT)20/2023 ORA/2/2011/PT/CH

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.

patent dismissed · Apr 17, 2023

N.Solomon v.S.A.Safiullah and The Controller of Patents Patent Office

Madras High Court · (T)OP(PT)11/2023

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.

trademark mixed · Mar 31, 2023

M/s.Fair Beat Herbals Cosmetics Private Ltd. v.The Registrar of Trademarks

Madras High Court · W.P.Nos.32148 and 13631 of 2017

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.

patent remanded · Mar 29, 2023

Ifp Energies Nouvelles v.The Assistant Controller of Patents and Designs, Government of India

Madras High Court · CMA (PT) No.20 of 2023

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.

copyright remanded · Mar 28, 2023

M/s. Symphony Recording Co. v.Dr.K.Shobana

Madras High Court · OSA.Nos.136 to 138 of 2020

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.

patent dismissed · Mar 27, 2023

Hatsun Agro Product Ltd. v.M/S.Himachal Milk Food Products

Madras High Court · C.S.No.39 of 2016

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.

trademark defendant favorable · Mar 21, 2023

Applicant/Plaintiff (Name not specified) v.M/S.Knoll Health Care Pvt. Ltd.

Madras High Court · A.No.4257 of 2022 in C.S.(Comm.Div.)No.82 of 2022

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.

trademark dismissed · Mar 15, 2023

Old Madras Baking Company Pvt. Ltd v.The Registrar of Trademarks; M/s.Suryachandra Enterprises

Madras High Court · W.P.No.7764 of 2023

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.

trademark dismissed · Mar 15, 2023

Old Madras Baking Company Pvt. Ltd. v.The Registrar of Trademarks, The Trademarks Registry; M/s.Suryachandra Enterprises

Madras High Court · W.P.No.7899 of 2023

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.

copyright plaintiff favorable · Mar 14, 2023

Mr.C.S.Padam Chand v.K.Shibu Proprietor Thameem Films and M/s H.R.Pictures

Madras High Court · O.S.A.(CAD)No.18 of 2023

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.

trademark dismissed · Mar 10, 2023

Umaid Mohonot, Proprietor, M/s.Jay Plastic Company v.Union of India

Madras High Court · WP No.17350 of 2009

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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