Madras High Court
1365 cases · page 38 of 46
Showing 1111–1139Novartis 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 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.
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.
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.
Mankind Pharma Limited v.Sun Pharma Laboratories Limited
Mankind Pharma Limited challenged an order regarding territorial jurisdiction in its trademark infringement suit against Sun Pharma Laboratories Limited. The core dispute centered on whether the plaintiff could file the suit in Chennai, given that the defendant claimed no sales or office presence there. The Madras High Court ultimately dismissed the appeals, finding that the appellant's actions and disclosures indicated a sufficient connection to the local jurisdiction.
M/s.Cavinkare Pvt. Ltd. v.Hindustan Unilever Ltd.
The suit was filed by M/s.Cavinkare Pvt. Ltd. seeking a declaration that its cosmetic composition did not infringe Patent No.169917 and requesting a permanent injunction against Hindustan Unilever Ltd. The court found that the subject patent had already expired in 2009, rendering the claims of infringement and the request for an injunction moot.
M/s. Cavinkaare Private Limited v.Panchaksharam Guru Moorthy
The Madras High Court addressed a complex dispute between M/s. Cavinkaare Private Limited and Panchaksharam Guru Moorthy regarding the trademarks 'KARTHIKA' and 'KARTIKA'. The litigation, which involved claims of infringement and passing off across multiple suits, was ultimately resolved through a Joint Compromise Memo. The court decreed C.S.No.204/2012 based on this compromise, granting Cavinkaare exclusive rights to the trademark in relevant goods and services while dismissing the counter-suit (C.S.No.467/2012).
Merus N.V v.Assistant Controller of Patents and Designs, Government of India
Merus N.V appealed the rejection of its Indian Patent Application No. 467/CHENP/2011 by the Assistant Controller, which had been based on non-patentability grounds (Section 3(i) and 3(j)). The appellant argued that the amendments were permissible as they merely refined the claim to nucleic acid molecules while retaining the core invention. The High Court found merit in the appellant's argument regarding the scope of amendments.
G.Senthil Kumar & Helikx Trust/Training Institute v.Helikx HR Training and Business Consulting LLP & Others
The Madras High Court addressed a Civil Revision Petition concerning the delay in disposing of an interim injunction application related to a trademark infringement suit. The petitioners had filed Original Suit No. 48 of 2016 alleging trademark infringement and sought a temporary injunction via I.A.No.66 of 2016. Recognizing the prolonged delays, the High Court issued a directive to the lower court to expedite the disposal of the application within two months.
Devi Cropscience Pvt Ltd v.SDS Ramcides Cropscience Private Limited
Devi Cropscience Pvt Ltd filed suit against SDS Ramcides Cropscience Private Limited alleging infringement of its process and product patents related to a flowering stimulant containing Nitrobenzene. The court granted permanent injunctions in favor of the plaintiff, provided that the defendant was not manufacturing the product 'Dynamic Super' from November 2015 onwards.
Devi Cropscience Pvt Ltd v.Sds Ramcides Cropscience Private Limited
Devi Cropscience Pvt Ltd filed a suit against Sds Ramcides Cropscience Private Limited alleging infringement of its process and product patents related to a flowering stimulant containing Nitrobenzene. The defendant submitted that it had stopped manufacturing the product 'Dynamic Super' in November 2015 due to health hazards associated with Nitrobenzene. The court decreed the suit, granting permanent injunctions against the defendant.
Kubota Corporation v.The Deputy Controller of Patents and Designs, Government of India
Kubota Corporation appealed the rejection of its patent application (No. 2342/CHE/2008), which concerned an 'operation parameter display system for working vehicle fitted with working implement'. The appellant argued that the Controller failed to consider the technical advancement over prior art and incorrectly applied Section 3(k).
M/s.Advaith Bio Remedies v.The Registrar Of Trademarks
M/s. Advaith Bio Remedies approached the Madras High Court seeking intervention regarding the undue delay in processing their trademark application for 'BIO CARE' (Application No. 3040849). The petitioner, which manufactures Ayurvedic medicines, argued that the prolonged wait was negatively impacting their business operations. The court intervened by issuing a Writ of Mandamus, directing the Registrar of Trademarks to prioritize and dispose of the pending application as expeditiously as possible.
Ahmed Hussain. B & Sebille Educations Private Limited v.Sh.Sunil Jethi & The Registrar of Trademarks
The Madras High Court allowed an Original Petition seeking rectification of the Trademark Register. The petitioners, owners of 'LITTLE EINSTEINS' in the education sector, successfully argued that the respondent's subsequent trademark, 'LITTLE EINSTEINZ,' was deceptively and phonetically similar to their prior registered mark. The court found that the adoption of the impugned mark was an attempt to deceive the public and capitalize on the petitioners' established goodwill, leading to the cancellation of the infringing registration.
Chandra Sekar v.The Controller of Patents and Designs
Chandra Sekar challenged orders dismissing his two patent applications (Nos. 8846/CHENP/2011 and 8907/CHENP/2011) because the request for examination was filed late. The petitioner argued that the delay was due to calendaring errors and negligence on the part of the Indian agent, not his own.
Sun Pharma Laboratories Limited v.Psycoremedies Ltd.
The civil suit was filed regarding the alleged infringement of a trademark. The parties subsequently entered into a Memo of Compromise, resolving all disputes between them.
M/s.TVS Motor Company Limited v.M/S.Bajaj Auto Limited
The applications were filed by Bajaj Auto Limited (the defendant) seeking to eschew various documents marked as exhibits in a suit where TVS Motor Company Limited (the plaintiff) claimed non-infringement of Patent No. 195904. The court held that most objections regarding document admissibility could be deferred until the time of final arguments, except for specific objections concerning photocopies and newspaper clippings.
S.K.Janimiya (M/s.Crescent Therapeutics Ltd.) v.Mr.Narender Pal; Deputy Registrar of Trade Marks; Intellectual Property Appellate Board
The Madras High Court allowed the writ petition filed by S.K.Janimiya challenging an adverse order from the Intellectual Property Appellate Board (IPAB) regarding the trademark OLAPIN. While noting the petitioner's lackadaisical conduct and delay in presenting evidence, the court ultimately set aside the IPAB's finding that no documents were filed. The matter was remitted back to the IPAB for a fresh examination, allowing them to consider the records and take further evidence.
Paulsons Beauty and Fashion Private Limited v.Sulthana Restaurant
The plaintiff, Paulsons Beauty and Fashion Private Limited, filed Original Applications seeking an interim injunction to restrain the respondent, Sulthana Restaurant, from passing off or infringing its registered trade mark 'SULTHAN'S BIRIYANI'. The defendant argued that the names were not deceptively similar, that they cater to different customer classes, and that the name 'SULTANA' is a common universal term. The Court dismissed the applications, finding no deceptive similarity and ruling in favor of the respondent.
Noraris AG v.Bafna Pharmaceuticals Ltd.
Noraris AG filed a suit alleging infringement of its patent (No. 212815) concerning Vildagliptin API and formulations against Bafna Pharmaceuticals Ltd. The plaintiffs initially prayed for a permanent injunction, rendition of accounts, and delivery up of stock.
Sanofi-Aventis Deutschland GmbH v.Jagdale Industries Private Limited
Sanofi-Aventis challenged the registration of Jagdale Industries' trademark 'CALDALE,' arguing that it was deceptively similar to their own mark 'CARDACE.' The Madras High Court examined the phonetic similarity and potential for consumer confusion, especially given that both products are prescription medicines. Ultimately, the court found no remote possibility or slightest chance of confusion, dismissing Sanofi-Aventis' appeal and upholding the trademark registration.
Wipro Enterprises Limited v.Heinz India Pvt., Ltd.
Wipro Enterprises Limited filed appeals against an order concerning the alleged infringement of its trademark rights. The dispute centered around Heinz India Pvt. Ltd.'s use of labels incorporating 'GLUCON-D VOLT' for their tangy orange flavoured glucose-based energy bites. The parties ultimately reached a compromise, leading to the disposal of the Original Side Appeals.
M/s.Mahavir Home Appliances v.The Intellectual Property Appellate Board; The Registrar of Trade Marks; Rallifan Limited
The Madras High Court allowed a writ petition filed by M/s.Mahavir Home Appliances, setting aside an adverse order passed by the Intellectual Property Appellate Board (IPAB). The core issue revolved around the validity of associated trademarks related to the 'RALLY' mark. A new affidavit submitted by the Registrar of Trade Marks contradicted the IPAB's finding that the marks had lapsed, thereby supporting the petitioner's claim. Consequently, the High Court remitted the matter back to the IPAB for fresh consideration based on the corrected factual position.
Hindustan Unilever Limited v.K.Balashankar
In a case concerning the salt market, Hindustan Unilever Limited successfully secured a permanent injunction against K.Balashankar after both parties entered into a compromise agreement. The court decreed the suit based on this settlement, affirming that the defendant must cease using the deceptively similar mark 'ANANDIPURNA' and its packaging. This judgment reinforces the protection afforded to established trademarks and copyrights in the FMCG sector.
Novartis AG v.Nutra Specialities Pvt. Limited
Novartis AG filed a suit alleging that Nutra Specialities Pvt. Limited was infringing its Indian Patent No. 212815 related to Vildagliptin API and formulations. The dispute was resolved after the defendant submitted an affidavit undertaking to cease all infringing activities, leading the court to decree the suit in favor of the plaintiff.
Novartis AG v.Union of India
Novartis AG challenged an order passed by the Intellectual Property Appellate Board (IPAB) which allowed a Miscellaneous Petition filed by Wockhardt Limited. Novartis argued that the IPAB exceeded its jurisdiction and violated procedural rules by permitting additional grounds and documents in the patent revocation case. The Madras High Court upheld the IPAB's decision, finding it within its powers to regulate procedure based on principles of natural justice.
S.M.Anand Vel v.Union of India
The petitioner challenged an order by the Assistant Controller of Patents & Designs which deemed his patent application abandoned because it was not put in order within the prescribed time. The petitioner argued that since multiple sets of fresh objections were raised during the examination process, the abandonment could not be applied. The Madras High Court set aside the impugned order and remanded the matter for a fresh consideration.
Wipro Enterprises Limited v.Heinz India Pvt. Ltd.
Wipro Enterprises Limited sought an interim injunction against Heinz India Pvt. Ltd., alleging trademark and tag line infringement regarding their glucose-based energy products. Wipro claimed that the defendant's use of 'VOLT' and similar tag lines was a deliberate attempt to trade on its goodwill associated with 'BOLTS.' However, the Madras High Court dismissed all applications for interim injunction, finding that Wipro had not established a prima facie case at this stage. The court held that the issue of protecting descriptive taglines like 'ANYTIME ANYWHERE' requires extensive evidence and must be decided during the full trial.
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