Madras High Court
1359 cases · page 37 of 46
Showing 1081–1109K.Ganesh Nadar / M/s. Bharathi Consumer Care Products Pvt.Ltd. v.M/s. Bharathi Consumer Care Products Pvt.Ltd. / K.Ganesh Nadar
This Madras High Court judgment addresses two cross-suits concerning trademark infringement, passing off, and groundless threats related to the brand 'XTRA' in the FMCG sector. The court noted that the dispute was referred to mediation, which proved fruitful. Consequently, a common decree was passed based on a memo of compromise dated 17.02.2017. Under this agreement, the defendant committed to stopping the use of the infringing label and adopting an amended version moving forward.
M/S.Unisept Nourishments Private Limited v.M/S.KTC Ventures
This Madras High Court judgment records a compromise settlement between M/S.Unisept Nourishments Private Limited and M/S.KTC Ventures regarding trademark infringement of 'LASSI HOUSE'. The parties agreed to drop the suit in exchange for specific terms, including a permanent injunction against passing off, payment of Rs. 1 lakh by the defendant, and mandatory changes to the defendant's branding (displaying 'KTC VENTURES' below 'Lassi House').
M/s.N.Ranga Rao & Sons Private Limited v.M/s.Balarama'S Incense Pvt. Ltd.
The Madras High Court ruled in favor of M/s.N.Ranga Rao & Sons Private Limited, finding that the defendant's use of the mark 'WOOD' constituted both trademark infringement and passing off against the plaintiff's registered word mark 'WOODS'. The court affirmed that since both marks were used for identical goods (incense sticks) within the same trade channel, deception was inevitable. Consequently, the suit was decreed, granting permanent injunctions, ordering the surrender of infringing stock, and directing the defendant to render accounts.
M/s.Aloha India v.Brilliant Academy
M/s. Aloha India filed a civil suit against Brilliant Academy alleging infringement of its registered trade mark 'ALOHA' and copyright violation concerning its education books and study materials. The plaintiff sought permanent injunctions, damages for passing off, and surrender of infringing stock. Although the suit qualified to be heard by the Commercial Division under relevant statutes, the plaintiff subsequently requested withdrawal.
M & K Technologies v.Hi-Tech Carbons and Engineering Pvt. Ltd.
M & K Technologies filed a Civil Miscellaneous Appeal challenging the Deputy Controller's order cancelling design registration no. 190949. The appeal was subsequently dismissed by the High Court due to the appellant failing to appear and filing a memo stating there were no instructions.
Lifestyle Equities CV v.QDSeatoman Designs Pvt. Ltd.
This Madras High Court judgment addresses intra-court appeals concerning a business relationship between Lifestyle Equities CV (owner of the 'Beverly Hills Polo Club' trademark) and QDS entities. The core dispute revolved around an agreement governing the organization and support of the BHPC brand in apparel, leading to litigation under the Arbitration and Conciliation Act, 1996. The court ultimately allowed the appeal filed by Lifestyle while dismissing the counter-appeal by QDS, affirming that the disputes are arbitrable.
A.Rajendran v.Thenandal Studios Limited
The appeal was filed by A.Rajendran against an order dismissing his application for injunction, which sought to restrain respondents from using the title 'Mersal' (an adopted version of 'Merrasalaitan'). The court dismissed the appeal, finding that the appellant failed to prove that the subject title had acquired any goodwill or reputation.
Muthukani Diravidakani & Rakkappan Muthukani (Trading as M/s Anil Appalam & Chips) v.K.S.Raja, The Registrar of Trade Marks, and The Registrar, Intellectual Property Appellate Board
The Madras High Court allowed the petitioners, who trade as M/s Anil Appalam & Chips, to file a Review Petition against an adverse order passed by the Intellectual Property Appellate Board (IPAB) in 2013. The court granted this permission and further directed the IPAB not to strictly enforce the limitation period if the review petition was filed within two weeks of the High Court's order. This procedural relief allows the petitioners to challenge the original decision regarding their trade mark registration.
Suru International Pvt. Ltd v.B.Braun Melsungen AG
Suru International Pvt. Ltd filed a Writ Petition challenging an order passed by the Intellectual Property Appellate Board (IPAB). The petitioner sought revocation of Patent No. 210062. The Madras High Court set aside the IPAB's order to the extent that it had remanded the matter back to the Controller General of Patents & Designs, directing the IPAB to decide the issue de novo.
K.Manivannan v.The Chairman Intellectual Property Appellate Board, The Controller of Patent & Designs, M.Mani
The petitioner challenged the validity of Patent No. 204322, granted to M.Mani (the third respondent), arguing that the invention was already publicly available or anticipated by his own earlier work. The petitioner sought revocation of the patent before the High Court.
P.Maheswari (Propx. Venu Biriyani Hotel) v.Dindigul Venuu Biriyani
This Madras High Court judgment addressed a trademark infringement suit filed by P.Maheswari against Dindigul Venuu Biriyani regarding the use of deceptively similar trade names for biryani services. Although the initial claim sought permanent injunction and damages, the court ultimately decreed the suit based on a Memorandum of Compromise (MOC) signed between the parties. This resolution allowed both parties to settle their dispute outside of a full trial.
Kela Handloom & Co. v.Susanta Debnath
Kela Handloom & Co. filed a suit against Susanta Debnath and others, alleging infringement of their registered trademark 'ASMA' and associated artistic work in textile goods like lungies. The plaintiff sought permanent injunctions, damages, and surrender of infringing materials. Ultimately, the court decreed the suit based on a Memorandum of Compromise reached between the parties.
Bhushan Goyal (Proprietor, Chanda Softy Ice Creams) v.Intellectual Property Appellate Board & Mars Incorporated
The Madras High Court dismissed a Writ Petition filed by Bhushan Goyal against the Intellectual Property Appellate Board and Mars Incorporated. The petitioner had sought to quash an order related to the renewal of a trademark registration granted to Mars Incorporated. However, before any substantive ruling on the merits, the petitioner voluntarily moved to withdraw the petition, leading to its dismissal.
AVMH Corporation v.Subu Trade Pvt. Ltd.
This Madras High Court judgment addressed a civil revision petition challenging an order that rejected a plea to dismiss a trademark suit. The respondent sought injunctions regarding their 'SACHA MOTI' trademark for food products, while the petitioners argued the suit should be dismissed due to parallel proceedings in the Delhi High Court and before the Intellectual Property Appellate Board (IPAB). The High Court upheld the trial judge's decision, finding no illegality in allowing the suit to proceed.
Versalis Spa v.The Assistant Controller of Patents
Versalis Spa appealed the rejection of its patent application (IN7854/CHENP/2011) by the Assistant Controller. The core dispute was whether the process for hydrolyzing lignocellulosic biomass was inventive, given that the claims were challenged as lacking inventiveness and technical advancement over cited prior arts.
M/s.Agsar Match Industries v.M/S.Edison Paints By Its
The Madras High Court confirmed a lower court's finding that M/S.Edison Paints was engaging in passing off by using a deceptively similar mark (Double Stag) for red oxide and colour oxide. The court emphasized that even if the products were technically different or had minor packaging variations, the similarity of the core trademark image—the stag—would lead the target audience (civil contractors/masons) to believe both products originated from the same company or sister concerns. This ruling strongly protects established goodwill against confusing imitation.
Cholayil Private Limited v.Aditya Birla Management Corporation Pvt Ltd.
Cholayil Private Limited filed a suit against Aditya Birla Management Corporation and others, alleging infringement of its trademarks ('Medimix', Mortar and Pestle) and copyright in its product labeling. The plaintiff sought perpetual injunctions, damages, and an accounting of profits due to the defendants' alleged unauthorized use of similar marks and artistic works on soaps and cosmetic products. Ultimately, both parties reached a Joint Memo of Compromise, leading to the suit being disposed of amicably.
Beckman Coulter Biomedical, LLC v.Union of India
The petitioner challenged an order by the Controller of Patents & Designs which returned its subject patent application (PCT/US2011/035420) on the grounds that the mandatory 31-month deadline for nationalization had expired. The petitioner argued that technical errors led to the delay and sought judicial intervention.
A. Arivazhagan / P.C.N. Raghupathy v.The Registrar of Trade Marks / Union of India & Controller General of Patents, Designs & Trademarks
The Madras High Court addressed two writ petitions concerning the abandonment of various trademark applications. The core issue was the denial of a proper opportunity for petitioners to be heard before the Trade Mark Registry. Recognizing that due process had been violated, the court directed the respondents to provide an immediate personal hearing at the appropriate office and pass orders expeditiously in line with the Trademarks Act, 2002.
M/s.Mahesh Value Products Private Limited v.Bhagwati Rubber Industries
The suit was filed by M/s. Mahesh Value Products Private Limited against Bhagwati Rubber Industries, alleging infringement and passing off related to their registered trademark 'Stumper' and associated copyright. The plaintiffs sought perpetual injunctions and damages concerning the use of the mark 'Slamped'. However, despite multiple opportunities, the plaintiffs failed to appear before the court for recording evidence.
M/s. Eris Life Science Pvt.Ltd. v.M/s. Micro Labs Ltd
The Madras High Court ruled in favor of staying a trademark infringement suit when a rectification application concerning the registered mark is pending before the Intellectual Property Appellate Board (IPAB). The court clarified that the right to file for trademark rectification is a statutory right and cannot be curtailed by requiring prior leave or prima facie satisfaction from the civil court. Given the similarity between the marks and the pendency of the IPAB proceedings, the suit was stayed.
M/S Maya Appliances Private Limited v.Butterfly Gandhimathi Appliances Ltd.
M/S Maya Appliances Private Limited filed applications seeking temporary injunction against Butterfly Gandhimathi Appliances Ltd., alleging infringement of a registered design and passing off. The Madras High Court examined the claims under the Designs Act, 2000, and found that the petitioner's design did not satisfy the necessary legal tests in this context. Consequently, the court dismissed the applications for temporary injunction but directed both parties to file relevant documents and monthly sales statements as part of the ongoing suit.
Cadila Healthcare Limited v.P.Ramu Trading as Skylane Pharmaceuticals
The Madras High Court ruled in favor of Cadila Healthcare Limited, a major pharmaceutical player, finding that the defendant's use of the trademark PANTOSKY constituted infringement against Cadila's registered mark PANTODAC. The court held that PANTOSKY was deceptively similar to PANTODAC, leading to a decree for permanent injunction and damages. This judgment reinforces the protection afforded to well-known pharmaceutical trademarks in the Indian market.
Apex Laboratories Limited v.India Pharmaceuticals
Apex Laboratories Limited filed suit against India Pharmaceuticals alleging infringement and passing off concerning its 'ZINCOVIT' product label. The core dispute centered on whether the defendant's 'BICAL' label was a slavish imitation of the plaintiff's registered artistic work. The court found that the labels were absolutely identical, applying the time-honored test for comparison. Consequently, the suit was decreed in favor of Apex Laboratories Limited, granting permanent injunction and damages.
Novartis Ag v.Atoz Pharmaceuticals Pvtltd
Novartis Ag filed a civil suit seeking a permanent injunction and damages against Atoz Pharmaceuticals Pvt Ltd and Zota Pharmaceuticals Pvt Ltd for alleged infringement of its Indian Patent No. 212815 concerning Vildagliptin API/formulations. The court noted that the defendant had cancelled the product 'VILDAPIN-50' as requested by them, leading to the plaintiffs withdrawing most reliefs.
Sangeetha Caterers And Consultants v.S.M.Subbaiah
The Madras High Court addressed a trademark dispute where Sangeetha Caterers And Consultants sought permanent injunction against Defendants for infringing and passing off their registered mark 'APOORVA'S SANGEETHA'. Although the defendants remained ex parte, the court found sufficient evidence to grant injunctions restraining further use of the offending word 'SANGEETHA' and directing the surrender of related materials. However, the claim for damages or accounts of profits was dismissed due to a lack of conclusive evidence from the plaintiff demonstrating direct financial loss.
Mr. Subramanian Venkataraman v.Precision Automation and Robotics India Limited
The plaintiffs filed a suit seeking permanent and mandatory injunctions, along with damages, against the defendants for infringing their patent (No. 224911) related to multilevel car parking. The parties subsequently filed a joint withdrawal memo before the court.
Mr. Subramanian Venkataraman v.Precision Automation and Robotics India Limited
The plaintiffs filed a suit seeking permanent and mandatory injunction, along with damages, against the defendants for infringing their patent (No. 224911) related to multilevel car parking. The parties subsequently filed a joint withdrawal memo.
R. Muralidharan v.The Secretary, Ministry of Law and Justice; The Secretary, Ministry of Commerce and Industry; The Secretary, Ministry of External Affairs; The Controller General of Patent and Designs and Trademark
This writ petition challenged a public notice issued by the Controller General of Patents regarding PCT National Phase Applications in India. The petitioner argued that this notice restricted applicants from amending their specifications before entering the national phase, thereby denying rights granted under Sections 57 and 59 of the Patents Act. The core dispute centered on whether procedural restrictions related to filing fees should be subject to judicial review. The High Court ultimately dismissed the petition, holding that the matter was a procedural issue best left to the experts and the Central Government's power regarding fee determination.
Controller Of Patents & Designs v.Deputy Registrar, Intellectual Property Appellate Board
The Controller of Patents & Designs challenged an order by the Intellectual Property Appellate Board (IPAB) which had allowed the appeal of respondents against the rejection of a patent application. The dispute centered on whether the Controller failed to exercise proper discretion, specifically concerning the insufficient fee paid for all claims in the application.
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