Madras High Court
1359 cases · page 30 of 46
Showing 871–899Malabar Cements Limitd v.Drawing And Disbursing Officer, The Office of the Trademarks Registry; The Registrar of Trademarks
The Madras High Court allowed Malabar Cements Limited's Writ Petition, setting aside an earlier rejection order from the Trademarks Registry. The court ruled that a Notice of Opposition filed against Trademark Application No 427808 fell within the prescribed window for filing opposition, based on a public notice issued by the Controller General of Patents, Designs & Trademarks. Consequently, the respondents agreed to accept and record the opposition upon re-submission within three weeks.
M/s.24 Am Studious Private Limited v.Divya M.Jain
The plaintiff filed a suit seeking perpetual injunction against defendants for releasing the film 'Production No.5 (Colour) – Ayalan' without consent, alleging infringement of Tamil Satellite Television Rights in India. The dispute centered on the validity of the finance agreement where the plaintiff pledged the exclusive copyright to the first defendant.
PNB Vesper Life Science Pvt. Ltd v.The Controller General of Patents, Designs & Trademarks
PNB Vesper Life Science Pvt. Ltd challenged the Controller General of Patents' order that deemed its patent application, relating to novel Cholecystokini Receptor Ligands, as abandoned. The petitioner argued that the abandonment was based on procedural failures and clerical errors by agents, not due to lack of interest in the invention. The Madras High Court acknowledged the violation of timelines but emphasized principles of natural justice, ultimately restoring the application for fresh consideration.
M.Gagan Bothra v.The Central Government
The petitioner filed a Writ Petition seeking a Mandamus to direct respondents to act upon a 2013 order from the Central Government regarding R.Anbarasu's misuse of the National Emblem. The court found that despite central government directions, the State Government failed to initiate action against the ex-member of parliament for misusing the emblem on his letter pad.
Leeds Hr Solution v.The Controller General of Patents
Leeds Hr Solution challenged the delay in refunding a sum of Rs. 17,500 related to its trademark application under Rule 38(3) of the Trademarks Rules. The petitioner argued that the examination report should have been issued within three months of filing. However, the Madras High Court dismissed the writ petition after noting that the third respondent had already submitted the required examination report on December 2, 2011. Consequently, the court held that no further action was necessary from the respondents.
Leeds Skill Training Centre Pvt. Ltd. v.The Controller General of Patents, Trademarks, geographical Indications, Designs
Leeds Skill Training Centre Pvt. Ltd. challenged the delay in refunding a sum of Rs. 17,500 related to its trademark application under Rule 38(3) of the Trademarks Rules. The petitioner argued that the examination report should have been issued within three months of filing. However, the Madras High Court dismissed the writ petition after noting that the third respondent had already submitted the required examination report on November 30, 2011. Consequently, the court held that no further judicial consideration was necessary regarding the refund claim.
M/s.Maya Appliances P Ltd. v.Apex Consumer Appliances P ltd.
M/s. Maya Appliances P Ltd. filed a civil suit alleging that Apex Consumer Appliances P ltd. was infringing upon its registered copyrights related to the design of its VIDIEM AIR frameless gas stove. The plaintiff claimed that the defendant's APEX EVA stoves were identical or deceptively similar, constituting both copyright infringement and passing off. Furthermore, the plaintiff asserted that the defendant used proprietary phrases from the promotional video on their carton boxes. The Madras High Court ultimately decreed the suit in favor of the plaintiff, granting injunctions, damages, and ordering the destruction of infringing products.
Uster Technologies Ag v.The Assistant Controller of Patents & Designs
Uster Technologies Ag challenged the rejection of its patent application, which related to a method for optimizing textile manufacturing processes. The petitioner argued that the rejection order was erroneous and failed to consider the provisions of the Patents Act regarding convention applications and amendments. The High Court set aside the impugned order and remanded the matter back to the Controller for fresh consideration.
Sss Lungie Company v.SSS Lingam Company
Sss Lungie Company filed a civil suit against SSS Lingam Company and others, alleging trademark passing off and copyright infringement related to the '3 ROSES label' used on lungies. The plaintiff sought permanent injunctions, destruction of infringing materials, and damages for unauthorized use of their brand and artistic work. However, the court ultimately dismissed the suit as withdrawn at the request of the plaintiff's counsel.
Ashok Kumar Sethi Trading as M/s.Abhinav Export Corporation v.Amilal Ramkrishnan Dass
This suit addressed allegations of copyright infringement concerning the picture mark 'AMIN's' used on black henna products. The plaintiff sought permanent injunction against the defendant for using similar marks and designs. During the pendency of the litigation, both parties reached a comprehensive settlement agreement. The court subsequently decreed the suit based on this memorandum of compromise, allowing both parties to continue their respective branding practices without further legal conflict.
Pradeep Stainless India Pvt. Ltd. v.M/s JB Enterprises
Pradeep Stainless India Pvt. Ltd. filed a civil suit against M/s JB Enterprises alleging infringement of its trademarks and copyright designs associated with 'hotpot' products. The plaintiff sought perpetual injunctions, damages, and mandatory directions to stop the unauthorized use and sale of deceptively similar goods. However, before the court could rule on the merits of the complex IP claims, the plaintiff chose to withdraw the suit.
C.Prakash v.S.N. Media
C.Prakash appealed an order that vacated an initial injunction granted in his favour against S.N. Media. The dispute centered on whether C.Prakash's assignment of digital dubbing rights for films 'Chingari' and 'Shrikanta' was invalid because the first defendant claimed non-payment of consideration. The court held that copyright assignment does not require payment of consideration to be valid.
DINA MALAR A Partnership Concern v.K.Ramasubbu
This suit was filed by Dina Malar against several defendants, including K. Ramasubbu, alleging infringement of its trade marks ('DINA MALA') and copyright related to the work 'DINAMALAR'. The plaintiff sought perpetual injunctions and surrender of infringing materials. However, despite the initial filing under the Trade and Merchandise Marks Act and Copyright Act, the court ultimately dismissed the suit due to non-prosecution by the plaintiff.
R.Venkitapathy v.Kaalaimalar Publications (P) Ltd.
This case involved a dispute filed by R.Venkitapathy against Kaalaimalar Publications (P) Ltd., alleging infringement of trade marks ('DINA MALAR') and copyright in stylized lettering and associated devices. The plaintiff sought perpetual injunctions to prevent deceptive similarity and passing off. However, the court ultimately dismissed the suit due to non-prosecution by the plaintiff.
Sun Pharmaeutical Industries Limited v.Indkus Nexa
Sun Pharmaeutical Industries Limited filed a civil suit against Indkus Nexa and Indo Himalaiyan Herbs Inc. alleging infringement of its registered trademark VOLINI, copyright violation in its packaging art, and passing off due to the use of 'VOLINEX'. The plaintiff sought permanent injunctions and damages. Ultimately, the dispute was resolved through a memorandum of compromise signed by both parties.
Sun Pharmaeutical Industries Limited v.Indkus Nexa
Sun Pharmaeutical Industries Limited filed a civil suit against Indkus Nexa and Indo Himalaiyan Herbs Inc. alleging trademark infringement, copyright violation, and passing off concerning its registered mark 'VOLINI'. The plaintiff sought permanent injunctions to stop the use of similar marks like 'VOLINEX' and imitation packaging. The dispute was ultimately resolved through a memorandum of compromise signed by both parties.
Lucas Tvs Limited v.Surya Carbons
Lucas Tvs Limited filed a suit against Surya Carbons and other entities alleging multiple infringements. The plaintiffs claimed that the defendants were infringing their registered trademarks (LION, DEVICE OF LION) and committing copyright violations through the use of deceptively similar branding and slavish imitation of distinctive packaging for auto electrical parts. Despite the detailed claims seeking injunctions and damages, the plaintiffs ultimately decided to withdraw the suit before a final judgment was passed.
Lucas Tvs Limited v.Surya Carbons
Lucas Tvs Limited filed a suit against Surya Carbons and other entities alleging trademark infringement, passing off, and copyright violation. The plaintiffs sought perpetual injunctions and damages regarding the use of their trademarks (LION, LUCAS TVS) and distinctive packaging on auto electrical parts. However, before the court could rule on the merits, the plaintiffs chose to withdraw the suit.
Arumugam Rajendra Babu v.Ashok Leyland Limited
Arumugam Rajendra Babu appealed an order dated September 1, 2021, passed in a commercial suit. The appellant sought a direction from the trial court to have the Controller of Patents provide evidence regarding his products and patent distinctions. The High Court dismissed the appeal, holding that it was not maintainable under Section 13 of the Commercial Courts Act, 2015.
Indcon Structurals Pvt.Ltd v.Ultra Tiles Pvt. Ltd.
Indcon Structurals Pvt.Ltd filed a civil suit against Ultra Tiles Pvt. Ltd., alleging infringement and passing off concerning their distinctive 'CATHERINE' tile drawing. The plaintiff claimed ownership over the unique design, which was allegedly copied by the defendant's 'OPUS' tiles. However, the Madras High Court dismissed the suit, holding that since the design was not registered under the Designs Act, the claim for copyright infringement was not maintainable under Section 15(2) of the Copyright Act.
L.G.Varadarajulu v.M/S.Raj Ganesh Enterprises
The plaintiffs filed a suit seeking perpetual injunctions against the defendant for infringing Patent No. 179607, Design Nos. 163445 and 163446, and copyright in their table top wet grinders. However, the first plaintiff passed away, and the remaining plaintiffs sought to withdraw the suit.
New Pattukottai Kamatchi Mess v.New Pattukottai Kamatchi Mess - Nunpahal Unavagam LLP
This case involved a dispute over the use of the trade name 'New Pattukottai Kamatchi Mess' between two entities. The plaintiff sought permanent injunctions against trademark infringement and passing off, along with damages. However, both parties mutually agreed to resolve all existing disputes, including those related to the trademark claims, through arbitration.
M/s Store N Move Pvt. Ltd. v.M/s Olog Logistics Pvt. Ltd.
M/s Store N Move Pvt. Ltd. filed a suit against M/s Olog Logistics Pvt. Ltd., seeking permanent injunctions against alleged infringement of its copyrighted computer application, 'OLOG', and its associated trademark. The plaintiff sought to prevent the defendants from reproducing or passing off services using similar applications or marks. However, before the court could rule on the merits, the plaintiff withdrew the suit with liberty to pursue the matter in a pending case before the NCLT.
Mohan Breweries and Distilleries Limited v.M's Dhanalakshmi Bottles Supplies
Mohan Breweries and Distilleries Limited filed a civil suit alleging infringement of its registered design, trademark, and copyright by M's Dhanalakshmi Bottles Supplies. The plaintiff sought permanent injunctions and damages for the unauthorized use of their branded bottles. However, the court noted that the sole defendant had passed away prior to the hearing date. Given that the cause of action was in persona (personal), the suit was ultimately dismissed.
Mohan Breweries and Distilleries Limited v.M's Dhanalakshmi Bottles Supplies
Mohan Breweries and Distilleries Limited filed a civil suit alleging infringement of its registered design, logo, and trademark by M's Dhanalakshmi Bottles Supplies. The plaintiff sought permanent injunctions, damages, and accounting for sales made using the protected bottle designs. However, during the proceedings, it was reported that the sole defendant had passed away. Given that the cause of action was in persona (personal to the individual), the court dismissed the suit.
L.G. Varadarajulu v.Minit Engineers (I) Pvt. Ltd.
The plaintiffs filed a suit seeking perpetual injunctions against the defendant for infringing various IP rights, including Patent No. 179607 (related to table top wet grinders), Designs Nos. 163445/163446, and copyright in an injunction manual. However, the plaintiffs subsequently withdrew the suit.
T.S.J.Media Private Limited v.Boston Analytics Private Limited
T.S.J.Media Private Limited filed a suit alleging that Boston Analytics Private Limited illegally harvested substantial portions of information from its proprietary database, which tracks investments made by Private Equity and Venture Capitalists in India. The plaintiff claimed this infringement occurred after the defendant gained access under false pretenses. The court found that the defendant's act of publishing the data without permission constituted a clear violation of copyright.
A.Mani v.S.Suresh Trading as Flash Beauty Saloon
A.Mani appealed a judgment and decree that had been passed against him regarding the use of the mark 'FLASH'. The appeal challenged the trial court's decision, which was based on the alleged violation of an interim order by the appellant (defendant in the suit). The High Court set aside the impugned judgment, stating that the trial court failed to conduct proper adjudication on merits.
M/s.Fast Products v.G.G.Aqua Industries
M/s.Fast Products filed a suit against G.G.Aqua Industries alleging infringement of its registered trademark 'AQUA FAST' and copyright violation concerning the associated trade dress and artistic label design. The plaintiff sought perpetual injunctions, destruction of infringing goods, and damages. However, on the date of judgment (26.08.2021), the plaintiff failed to appear before the court despite previous proceedings, leading the High Court to dismiss the suit for default.
M/s.N.RANGA RAO & SONS PRIVATE LIMITED v.ROHIT MARKETING Incense & Allied Products
The Madras High Court ruled in favor of the registered trademark owner, M/s.N.RANGA RAO & SONS PRIVATE LIMITED, against Rohit Marketing. The court granted permanent injunctions, preventing the defendant from using the deceptively similar mark 'Tri Cycle 3-in-1' for incense sticks and passing off its goods as those of the plaintiff. While the plaintiff withdrew claims for accounting and destruction of stock, the core infringement and passing off allegations were upheld.
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