Madras High Court
1365 cases · page 31 of 46
Showing 901–929Mohan 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.
M/s.THALAPPAKATTI NAIDU ANANDHA VILAS BIRIYANI HOTEL v.M/s.THALAPPAKATTU BIRIYANI & FAST FOOD
The Madras High Court ruled in favor of M/s.Thalappakatti Naidu Anandha Vilas Biriyani Hotel, granting a permanent injunction against M/s.Thalappakattu Biriyani & Fast Food for trademark infringement and passing off. Although the defendant later changed its name to 'AL RAHMAN BIRIYANI & FAST FOOD,' the court found that the initial use of the offending mark was deceptively similar to the plaintiff's established brand. The judgment reinforces the protection afforded to distinctive trade names in the competitive food service industry.
Honda Motor Co., Ltd v.Controller of Patents and Designs, Government of India
Honda Motor Co. appealed the refusal of its patent application (No. 380/CHE/2015) by the Controller of Patents and Designs on grounds of lack of inventive step and insufficient disclosure. The High Court found that the original order was flawed due to a deprivation of fair opportunity regarding sufficiency of disclosure, and lacked proper justification for concluding lack of inventive step.
Yennes Infotech (P) Ltd. v.The Managing Director, eNoah Solution Pvt. Ltd.
Yennes Infotech appealed an order rejecting its plaint, which sought permanent injunctions and damages for alleged copyright infringement related to customized Tally Software. The court upheld the rejection, finding that the first defendant acted as an authorized agent and the second defendant was a licensee with a valid right to use the software.
F.Hoffmann-La Roche Ltd. v.Matrix Laboratories Limited
F.Hoffmann-La Roche Ltd. filed a suit seeking permanent injunction against Matrix Laboratories Limited for infringing Indian Patent No.196774, which relates to a pharmaceutical or chemical compound product. The court ultimately disposed of the suit as no further orders were necessary due to the rejection of leave to institute the suit by the Division Bench.
Jolen Inc. v.Shobanlal Jain
Jolen Inc. filed two civil suits in the Madras High Court against various defendants, including Shobanlal Jain, alleging infringement of its trade marks (JOLEN) and copyright in its crème bleach packaging. The plaintiff sought permanent injunctions, rendition of accounts, and damages due to deceptive imitation and passing off. However, on August 9, 2021, the court dismissed both suits for non-prosecution, as the plaintiff had failed to respond to communications regarding the continuation of the litigation.
Jolen Inc. v.Shobanlal Jain
This case involved Jolen Inc. filing multiple suits against various defendants, including Shobanlal Jain, alleging infringement of its trademarks (JOLEN) and copyright in the artistic work and trade dress of its crème bleach packaging. The plaintiffs sought permanent injunctions, rendition of accounts, and damages due to passing off and unauthorized use of similar marks and designs. However, the court ultimately dismissed both suits for non-prosecution, as the plaintiff failed to respond to communications regarding the continuation of the litigation.
Mr.T.G.Arumugam v.Mr.T.G.Harigopal & Mr.T.S.Ganesan
This Madras High Court judgment addresses a dispute over the registered trademark 'UMBRELLA BRAND' between family members. Initially filed seeking to invalidate an assignment deed and secure exclusive proprietorship, the parties ultimately reached a compromise. The court accepted this settlement, decreeing the suit based on the Memo of Compromise, which allows all involved parties to coexist in the business and share the use of the trademark.
M/s.Kwik Patch Ltd. v.Mr.N.R.Rajagopalan
M/s. Kwik Patch Ltd. filed a civil suit in the Madras High Court alleging infringement and passing off against Mr. N.R. Rajagopalan, claiming that his use of the label 'KOOL BOND' violated their trademark 'KWIK'. The plaintiff sought permanent injunctions and damages under the Trade and Merchandise Marks Act and Copyright Act. However, due to the suit having been pending for over 20 years and a lack of inclination from both parties to pursue the matter further, the court dismissed the case.
M/s.Kaleesuwari Refinery Private Limited v.M/s.Uma Maheshvari Agro Tech
M/s. Kaleesuwari Refinery Private Limited filed a suit against M/s. Uma Maheshvari Agro Tech alleging infringement and passing off related to their edible oil products. The plaintiff claimed that the defendant was using deceptively similar marks ('113 GOLD COINS') and trade dress, infringing both the registered trademark 'Gold Winner' and the associated copyright in the packaging art. Although the suit involved multiple claims for injunctions and account of profits, the parties ultimately reached an amicable compromise.
ICEBERG WALNUT FOODS (I) Pvt Ltd. v.Iceberg Icecreams Regus, Tower D, Rmz Infinity, Old Madras Road, Bangalore – 560016
This case involved a civil suit filed by Iceberg Walnut Foods Pvt Ltd. alleging infringement and passing off related to the trademark 'ICEBERG'. The plaintiff sought permanent injunctions against the defendant, claiming unauthorized use of their registered mark and artistic work. However, during the proceedings, it was revealed that the actual registered proprietor of the relevant trademark ('ICEBERG ICECREAM') was M/s. Anjani Diary Foods Private Limited, not the named sole defendant. Consequently, the court dismissed the suit for proceeding against a wrong person.
Castrol Limited v.Goel Traders
This case involved Castrol Limited filing a suit against Goel Traders alleging trademark infringement, passing off, and copyright violation related to the use of similar graphic labels and color schemes on their gear oil packaging. The plaintiffs sought permanent injunctions and damages for unauthorized use of their brand identity. However, before the court could rule on the merits, the plaintiff chose to withdraw the suit.
Dhanavilas Madras Snuff Company v.S.Muthazhagu Proprietor M.M.Snuff Company
Dhanavilas Madras Snuff Company filed a civil suit against S.Muthazhagu Proprietor M.M.Snuff Company alleging multiple infringements, including trademark misuse and copyright violation concerning the design of snuff pouches. The plaintiff sought permanent injunctions to stop the use of similar marks and artistic designs. Ultimately, the parties reached a compromise, leading the Madras High Court to decree the suit based on the terms of the Memo of Compromise.
Uyir Agriculture Private Limited v.Ueir Organic Foods Private Limited
Uyir Agriculture Private Limited filed a Transfer Application seeking to move its trademark infringement suit from the Principal District Court, Erode, to the specialized Commercial Court. The core dispute revolved around whether the nature of the intellectual property right—trademark infringement—automatically classified the case as commercial, irrespective of its low valuation (Rs. 12,000/-). The Madras High Court ultimately dismissed the transfer application, holding that while IP disputes are defined as commercial under Section 2(xvii), a suit must still meet the 'Specified Value' criteria to fall under the jurisdiction of the Commercial Court, thereby validating its original filing in the District Court.
Dhanam Textiles v.N.Varadaiah Trading as Ganesh Lungi Company
Dhanam Textiles filed a suit against N.Varadaiah for alleged infringement of its registered trademark '360 BRAND,' copyright violation, and passing off concerning textile goods (lungies). The plaintiffs sought permanent injunctions and damages due to the defendant's use of deceptively similar labels like '3600, 361, 369 BRAND.' Ultimately, the parties reached a compromise memo which was accepted by the court, leading to the suit being decreed in terms of that settlement.
M/s.Allied Business Solutions Private Limited v.M/s.Avan-Tec Medical Systems (P) Ltd
M/s. Allied Business Solutions Private Limited filed a suit against M/s. Avan-Tec Medical Systems (P) Ltd, alleging infringement of its copyrighted computer software 'MEDIVEIW' and associated trademarks. The plaintiff sought permanent injunctions, damages, and surrender of infringing materials. However, the plaintiff subsequently informed the court that the defendants were no longer using the program and requested to withdraw the suit.
Mrs.S.Radharani Prop. of Sadharani Tex (represented by Mr.S.Sadhasivam) v.Master Lungies
This suit involved a claim by Sadharani Tex against Master Lungies for infringement of trademark and copyright related to the 'KABUTTAR CHAAP label' used on lungies. The plaintiff sought permanent injunctions, damages, and an accounting of profits due to alleged passing off and unauthorized use of the artistic work. However, during the proceedings, the plaintiff was unable to provide instructions regarding whether the defendants were actively continuing the infringement after an interim order had been issued.
Rajalakshmi Match Works v.Satpal Sindhi
The plaintiff, Rajalakshmi Match Works, filed a civil suit against several defendants seeking permanent injunctions to restrain them from passing off their safety matches as the plaintiff's by using the 'RAJHA'S SHRIFAL' trade mark and infringing the associated copyright. During the hearing, the plaintiff's counsel submitted that the Civil Suit had become infructuous.
A.R.Safiullah v.Daniel
The plaintiff filed a suit seeking permanent injunctions against the defendants for infringing his registered patent (No. 198079) related to food grade laminated paper and for passing off their products as the plaintiff's. The dispute was subsequently resolved between the parties.
Good Luck Paints And Chemicals v.Arunachala Industries
Good Luck Paints And Chemicals filed a civil suit against Arunachala Industries alleging infringement of its 'GOODLUCK' trademark, passing off, and copyright violation related to the distinctive blue and yellow color scheme and container design used for paints. The plaintiff sought perpetual injunctions and damages. However, the matter was resolved when the defendant provided an undertaking confirming they had ceased using the label and returned unused materials.
Uyir Agriculture Private Limited v.Ueir Organic Food Private Limited
The Madras High Court allowed the Civil Revision Petitions, restoring an interim trademark injunction previously vacated by the lower court. The dispute centered on whether the petitioner had complied with procedural requirements under Order XXXIX Rule 1 of CPC after receiving the initial injunction. The High Court found that the delay in filing the compliance affidavit was excusable due to logistical constraints during the COVID-19 pandemic, thereby interfering with and setting aside the order that vacated the injunction.
Perenniala Health Care India Private Limited v.S.Samsen Papli
Perenniala Health Care India Private Limited filed a suit seeking declarations of exclusive rights over the FRANCH trademarks and associated artistic works, along with permanent injunctions against alleged infringement. The plaintiff sought to nullify certain assignment deeds executed by the defendants. However, due to the plaintiff failing to appear or prosecute the case despite court notices, the Madras High Court dismissed the entire suit.
Sony Music Entertainment India Pvt. Ltd v.S.Khaja Mohideen
The appeals arose out of common final interlocutory orders concerning two actions for copyright infringement. The first suit involved musical works in 17 films, while the second concerned music from the film 'Citizen'. The court addressed issues related to prima facie case and balance of convenience before granting interim relief.
Ashique Exports (P) Ltd. v.Safaana Cosmetics & Perfumes
Ashique Exports (P) Ltd. filed a suit against Safaana Cosmetics & Perfumes alleging copyright infringement and passing off related to their bathing soap packaging. The plaintiff claimed that the defendant used an identical colour scheme, trade dress, and deceptively similar artistic work on its product 'ISIE', mimicking the successful brand 'IVA'. After examining the evidence, the Madras High Court found that the defendant had encroached upon the plaintiff's intellectual property rights. Consequently, the court decreed the suit in favor of Ashique Exports, granting permanent injunctions and directing the destruction of infringing stock.
Dr.S.Vijaya Bharati (Deceased) v.Mr.T.S.Ramalingam (Deceased)
The suit was filed by Dr.S.Vijaya Bharati (Deceased) against Mr.T.S.Ramalingam (Deceased) and others for infringement of copyright concerning the literary work "Amaran Kadhai". After nearly a decade, the parties entered into a compromise agreement.
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