Madras High Court
1345 cases · page 34 of 45
Showing 991–1019Sulphur Mills Limited v.Ms.Seema Rathi
Sulphur Mills Limited filed a civil suit alleging infringement of its patented agricultural composition (Patent No. 282429) against Ms. Seema Rathi and Balaji Agro. The parties subsequently reached an amicable settlement, which the court recorded and decreed.
M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel v.Thalappakattu Briyani
The Madras High Court ruled in favor of the plaintiff, M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel, finding that the defendant's use of 'Thalappakattu Briyani' constituted passing off and trademark infringement. The court recognized the plaintiff's long-standing reputation and exclusive use of the name since 1957. Consequently, the suit was decreed, granting a permanent injunction against the defendant and awarding damages.
Bharathi Consumer Care Products Pvt. Ltd. v.Mr.Suresh
Bharathi Consumer Care Products Pvt. Ltd. filed a suit against Mr. Suresh, alleging multiple infringements related to its detergent products. The plaintiff claimed that the defendant was infringing upon their registered trademark (XXX label) through manufacturing and distribution of similar goods, as well as committing copyright infringement regarding the artistic work on the packaging. Furthermore, the suit included claims of passing off based on trade dress similarity.
Bharathi Consumer Care Products Pvt. Ltd. v.Mr.Suresh
Bharathi Consumer Care Products Pvt. Ltd. filed a civil suit against Mr. Suresh, alleging multiple infringements related to its detergent products. The claims included unauthorized use of the 'XXX' registered trademark, copyright infringement on the product's artistic label/trade dress, and passing off. However, before the court could rule on the merits of the case, the plaintiff chose to withdraw the suit.
Palson Enterprises v.Kasi Group Of Companies
The Madras High Court dismissed the appeals filed by Palson Enterprises, upholding the Single Judge's decision to vacate the interim injunction. The court found that Palson had slept over the matter for eight months despite having knowledge of Kasi Group's use of the 'Kasi' name in their theatre business. While acknowledging the appellant's rights under the Trade Marks Act, the court held that issues of prior usage and comparative loss must be determined during a full trial, not at the interim stage.
M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel v.Halal Thalappakattu Biriyani
The Madras High Court ruled in favor of M/s. Thalappakatti Naidu Ananda Vilas Biriyani Hotel against Halal Thalappakattu Biriyani for trademark infringement and passing off. The court found that the defendant's use of 'Halal Thalappakattu Biriyani' was phonetically and deceptively similar to the plaintiff's established brand, 'Thalappakatti Biriyani Hotel.' Consequently, the suit was decreed, granting a permanent injunction and awarding damages.
M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel v.Thalappakattu Chicken Briyani
The Madras High Court ruled in favor of M/s. Thalappakatti Naidu Ananda Vilas Biriyani Hotel against Thalappakattu Chicken Briyani for trademark infringement and passing off. The court found that the defendant's use of 'Thalappakattu' was phonetically and deceptively similar to the plaintiff's established brand, which had acquired distinctiveness through long-standing usage since 1984. Consequently, the suit was decreed, granting a permanent injunction and awarding damages.
M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel v.Thalappakattu Briyani Fast Food & Indian Chinese Thandoori
The Madras High Court ruled in favor of the plaintiff, M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel, finding that the defendant's use of 'Thalappakattu Briyani Fast Food & Indian Chinese Thandoori' constituted trademark infringement and passing off. The court held that the defendant willfully adopted a phonetically and deceptively similar name to capitalize on the plaintiff's established goodwill. Consequently, the suit was decreed, granting permanent injunction and awarding damages.
Cavinkare Pvt.Limited v.M/S.Ribock Industries
Cavinkare Pvt.Limited filed a civil suit against M/S.Ribock Industries alleging multiple infringements, including unauthorized use of Cavinkare's registered trademark 'ZOYO,' copyright violation concerning the 'NYLE' label design, and passing off. The plaintiff sought permanent injunctions and an accounting of profits. Ultimately, both parties reached an amicable settlement, which was formally recorded by the Madras High Court and incorporated into the final judgment.
Flsmidth Private Limited v.Mr.S.Balaj Das
Flsmidth Private Limited filed a suit seeking permanent injunctions, damages, and accounts regarding alleged copyright infringement in engineering drawings and passing off related to its 'O-SEPARATOR' product. The core dispute revolved around whether the plaintiff had adequately established territorial jurisdiction for the Commercial Division of the Madras High Court against foreign respondents. The court ultimately held that the plaintiff failed to provide specific pleadings demonstrating how the defendants were amenable to the court's jurisdiction, leading to the dismissal of the appeals.
Sulphur Mills Limited v.Crop Life Science Limited
Sulphur Mills Limited filed a suit against Crop Life Science Limited alleging infringement of its patented agricultural composition (Patent No. 282429). The parties subsequently reached a compromise and settled their disputes before the Madras High Court.
Retail Royalty Company and AEO Management Co. v.BV Quality Certification Private Limited and Kesharia Agencies (Madras)
This civil suit was filed by Retail Royalty Company and AEO Management Co. against BV Quality Certification Private Limited and Kesharia Agencies (Madras) seeking perpetual injunctions for infringing their registered mark 'Eagle' and committing copyright violations. The plaintiffs sought relief including damages, surrender of materials, and a preliminary decree for accounts of profits. However, the parties subsequently reached an amicable settlement.
D. Baskaran v.The Deputy Registrar Of Trade Marks & The Registrar of Trade Marks
This Madras High Court judgment addressed a dispute over the lapsed registration of the 'TAJMAHAL' trade mark. The petitioner sought directions to compel the Trade Mark Registry to accept his renewal application, which had been refused due to the lapse of time. The court ruled that mere expiration is insufficient for removal; the statutory procedure, specifically issuing Form O-3 notice under Section 25(3) of the Trade Marks Act, must be followed scrupulously before a mark can be removed from the register.
Dart Industries Inc. v.K.K.Plastics
Dart Industries Inc. filed a civil suit against K.K.Plastics and others, alleging infringement of its registered bottle and cap designs (Registration Nos. 221424 and 221425) and passing off related to its 'Aquasafe' brand. The plaintiffs sought permanent injunctions against the defendants for manufacturing or selling imitative products. Given that the defendants failed to appear and contest the suit, the Madras High Court passed a summary judgment in favor of Dart Industries Inc., confirming the infringement claims.
M/s.Kaleesuwari Refinery Private Limited v.M/s.ALAMELU MANGA OIL COMPANY
M/s.Kaleesuwari Refinery Private Limited filed a civil suit against M/s.ALAMELU MANGA OIL COMPANY alleging infringement of its registered copyright (A-68242/2005) and trademark ('Gold Winner'). The plaintiff claimed the defendant was using deceptively similar trade dress, color scheme, and get up with the mark 'SUN F GOLD' on packing material for refined sunflower oil. Although the suit sought permanent injunctions and accounts of profits, the parties ultimately entered into a compromise.
M/s.Kaleesuwari Refinery Private Limited v.M/s.Lakshmi Traders
M/s.Kaleesuwari Refinery Private Limited filed a civil suit against M/s.Lakshmi Traders alleging infringement of its registered copyright (A-68242/2005) and trademark ('Gold Winner'). The plaintiff claimed the defendant was deceptively using similar trade dress and color schemes on packaging for refined sunflower oil. However, during the proceedings, both parties reached a compromise. The court subsequently decreed the suit based on the Joint Memo of Compromise, ensuring the defendant would cease using the offending mark.
Celgene Corporation v.The Assistant Controller of Patents and Designs, Government of India
Celgene Corporation appealed the rejection of its patent application (No. 8064/CHENB/2010) by the Assistant Controller of Patents and Designs. The appellant argued that their invention—a dissolvable tablet formulation for cancer treatment—had novelty and inventive step over prior art, which consisted of enteric-coated tablets. The High Court found the controller's rejection faulty because it failed to consider the technical advancements presented by the appellant.
Senthilkumar Ramamoorthy J v.Unknown
The Applicants sought an interim injunction restraining the Respondent from infringing their registered designs of operating tables and accessories, and from passing off the Respondent's products as theirs. The Respondent argued that the designs were not new and had been in use for decades. The Court ultimately disposed of the Original Applications on terms requiring the Respondent to maintain and submit quarterly accounts related to the sale of similar products.
Senthilkumar Ramamoorthy J v.Unknown
The Applicants sought an interim injunction restraining the Respondent from infringing their registered designs of operating tables and accessories, and from passing off the Respondent's products as theirs. The Respondent argued that the designs were not novel and had been in public use for decades. The Court found that while the balance of convenience was not clearly in favor of granting injunctive relief immediately, it directed the Respondent to maintain detailed quarterly accounts regarding sales and profits of similar products.
M/s.Gedore Werkzeugfabrik GmbH & Co. Kg v.Southern Hardware Pvt. Ltd.
M/s. Gedore Werkzeugfabrik GmbH & Co. Kg filed a civil suit against Southern Hardware Pvt. Ltd., alleging infringement of its registered trade marks, including 'GEDORE', and copyright violation concerning the 'GEDORE Device' artistic works. The plaintiffs sought perpetual injunctions and damages for passing off and IP infringement. However, before the final judgment, both parties entered into a compromise agreement.
M/s.Apex Laboratories Pvt. Ltd. v.Bafna Biotech
M/s.Apex Laboratories Pvt. Ltd filed a civil suit against Bafna Biotech alleging trademark infringement, passing off, and copyright violation related to the 'ZINCOVIT' brand. The plaintiff sought permanent injunctions and damages due to the defendant using deceptively similar marks like ZINCOVITA on pharmaceutical products. Both parties ultimately reached a compromise, leading the Madras High Court to decree the suit based on the terms of the Memorandum of Compromise.
M/s.Bombay Pen Depot v.M/s.Linc Pens And Plastics Ltd
The Madras High Court disposed of the trademark infringement suit between M/s. Bombay Pen Depot and M/s. Linc Pens And Plastics Ltd by accepting a Memorandum of Compromise (MOC). Under the terms, the Plaintiff assigned its registered trademarks (PENTONIC) to the First Defendant for a consideration of INR 15 lakhs. In exchange, the Plaintiff agreed to withdraw oppositions against the defendant's trademark applications and cease using the mark after a specified date.
Rubinetterie Bresciane Bonomi Spa v.M/S.Lehry Instrumentation & Valves Pvt. Ltd.
This case involves an Italian company, Rubinetterie Bresciane Bonomi Spa, which filed a suit against M/S.Lehry Instrumentation & Valves Pvt. Ltd. for passing off its trademark and design mark used on brass ball valves. The dispute escalated when the appellant challenged procedural orders passed during the trial process. The Madras High Court ultimately dismissed the appeal, holding that the impugned interlocutory orders did not qualify as 'judgments' under the Letters Patent, thereby rendering the appeals non-maintainable despite the provisions of the Commercial Courts Act.
Mr.Babu Xavier v.M/s.Feather Touch Entertainments
Mr. Babu Xavier filed a civil suit against M/s. Feather Touch Entertainments and others seeking financial compensation and permanent injunction regarding the film 'VAA DEAL Tamil'. The court first established its jurisdiction under the Commercial Courts Act, 2015, as the dispute involved intellectual property rights (copyright) related to the cinematograph film. Subsequently, both parties submitted a Joint Memorandum of Compromise, leading the court to pass a summary judgment based on the settlement terms.
Parthasarathy Seniammal Educational Trust v.V.Rangasamy Naidu Educational Trust
This appeal before the Madras High Court addressed a dispute between two educational trusts regarding alleged trademark infringement and passing off. The appellants argued that mere abbreviations should not be considered infringement, while the respondents maintained that the single judge's decision was sound. The court ultimately dismissed the appeal but left all substantive issues open for resolution in the pending injunction application.
Sae India v.Delta Inc.
Sae India filed a civil suit against Delta Inc., alleging multiple infringements, including trademark violation (SAE INDIA, BAJA), copyright infringement related to standards and rules, and passing off. The plaintiffs sought permanent injunctions and damages. However, both parties agreed that the defendant had ceased all business operations, leading the plaintiffs to withdraw the suit.
Sahaya Sujith Kumar v.A.Jordan
The petitioner challenged the rejection of his application filed under Order 7 Rule 11(a) of CPC, arguing that the suit was barred by the Patents Act because the respondent's patent rights were pending. The respondent argued the suit was an injunction based on breach of trust and non-disclosure agreement, not infringement.
S.V.Sivalinga Nadar & Sons v.The Joint Registrar of Trade Marks
The Madras High Court allowed S.V.Sivalinga Nadar & Sons' writ petition, setting aside a decision by the Intellectual Property Appellate Board (IPAB). The dispute centered on the registration of the 'SVS' trade mark for edible refined oil. The court ruled that the contesting respondents could not claim exclusive rights over the mark based on an ambiguous arbitration award, especially since the award did not specifically allot the mark to them. This decision reinforced the petitioner's right to use and register the mark.
A.S. Hameed v.P. Maharajan
The dispute centered on a registered trade mark ('No.10 A.S. PHOTO BEEDI') used for beedies and tobacco products, with the plaintiff seeking an injunction against alleged infringement by the defendant. However, the case progressed to an application by the defendant seeking revocation of the 'leave to sue' initially granted to the plaintiff. The court ultimately held that neither party resided nor conducted business within its territorial jurisdiction, leading to the successful revocation of the leave and the dismissal of the main suit.
M/s.Kaleeswari Refinery Pvt.Ltd. v.M/s.Kasthuri Traders
M/s.Kaleeswari Refinery Pvt.Ltd filed a suit against M/s.Kasthuri Traders alleging infringement of its registered trademarks ('Gold Winner') and copyrights related to packaging for sunflower oil. The plaintiff sought permanent injunctions, damages, and accounting of profits due to the defendant's use of the deceptively similar mark 'Kasthuri Gold'. Both parties ultimately reached an amicable settlement.
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