1428 cases · page 39 of 48

trademark dismissed · Feb 28, 2018

M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Bismi Thalappakattu Briyani

Madras High Court · C.S.No.510 of 2009

The Madras High Court addressed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Bismi Thalappakattu Briyani, which sought permanent injunction and damages for passing off the 'Thalappakatti Biriyani' trade mark. However, before any substantive arguments were heard, the plaintiff withdrew the suit upon instruction from their client. Consequently, the court dismissed the case as withdrawn.

trademark plaintiff favorable · Feb 28, 2018

M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.T.S.Thalappakettu Briyani & Fast Food (P) Ltd.

Madras High Court · C.S.No.501 of 2009

The Madras High Court granted a summary judgment in favor of M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against T.S.Thalappakettu Briyani & Fast Food (P) Ltd. The suit, which alleged passing off based on similar trade names, was decreed with a permanent injunction. Although the plaintiff initially sought damages and surrender of goods, they subsequently withdrew those specific prayers after the defendant provided an undertaking to cease using the disputed marks.

trademark plaintiff favorable · Feb 28, 2018

M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Thalappakattu Briyani Fast Food and Indian Chinese Thandoori

Madras High Court · C.S.No.524 of 2009

The Madras High Court granted a permanent injunction in favor of M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Thalappakattu Briyani Fast Food and Indian Chinese Thandoori. The suit, which was initially filed for passing off, resulted in a summary judgment decreeing the plaintiff's claim for injunctive relief. This decision protects the established goodwill of the plaintiff's 'Thalappakatti Biriyani Hotel' brand against deceptive use by the defendant.

patent dismissed · Feb 28, 2018

M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.New Dindigul Thalappakattu Biriyani

Madras High Court · C.S.No.528 of 2009

The Madras High Court dismissed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against New Dindigul Thalappakattu Biriyani. The original suit sought permanent injunction and damages for passing off the plaintiff's trade mark, 'Thalappakatti Biriyani Hotel.' However, the court accepted the plaintiff's request to withdraw the case, resulting in its dismissal without costs.

trademark dismissed · Feb 28, 2018

M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Thiru A.Aboobacker

Madras High Court · C.S.No.531 of 2009

The Madras High Court dismissed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Thiru A.Aboobacker. The original suit sought permanent injunction and damages for passing off the plaintiff's trade mark 'Thalappakatti Biriyani Hotel.' However, the court accepted the plaintiff's request to withdraw the case, leading to its dismissal without costs.

trademark plaintiff favorable · Feb 28, 2018

M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.T.S.Thalappakettu Briyani & Fast Food (P) Ltd.

Madras High Court · C.S.No.501 of 2009

The Madras High Court granted a summary judgment in favor of M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against T.S.Thalappakettu Briyani & Fast Food (P) Ltd. The suit, which alleged passing off based on similar trade names, was decreed with a permanent injunction. Although the plaintiff initially sought damages and surrender of goods, they subsequently withdrew those specific prayers after the defendant provided an undertaking to cease using the disputed marks.

trademark plaintiff favorable · Feb 28, 2018

M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.R.Shankar (Thalappakattu Briyani & Fast Food)

Madras High Court · C.S.No.512 of 2009

The Madras High Court granted a permanent injunction in favor of M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against R.Shankar for passing off. Despite the defendant submitting an affidavit stating they had closed their business, the court found sufficient grounds to grant the injunctive relief under summary judgment proceedings. This ruling reinforces the protection afforded to established trade names and trading styles in the food service industry.

patent defendant favorable · Feb 22, 2018

M/s.Lyca Productions v.J.Manimaran

Madras High Court · O.S.A.No.63 of 2018

M/s. Lyca Productions filed an appeal seeking an injunction against J. Manimaran (and others) for allegedly infringing on their film title 'KARU', which they claimed to have registered with a Film Producers Guild in 2011. The core dispute revolved around whether this guild registration conferred exclusive rights over the title, especially when the opposing party had also invested heavily and was readying its release. The Madras High Court ultimately allowed the appeal, ruling that such guild registration does not grant exclusive use of the title without statutory backing.

patent dismissed · Feb 20, 2018

M/s.Power Soaps Limited v.M/s. C M Detergent

Madras High Court · C.S.No.534 of 2010

M/s. Power Soaps Limited filed a suit against M/s. C M Detergent alleging infringement of its registered trademarks ('DK' and 'POWER') and copyright violation concerning the use of deceptively similar marks on detergent wrappers. The plaintiff sought perpetual injunctions, destruction of infringing materials, and accounts of profits. However, the plaintiff subsequently instructed their counsel to withdraw the suit, leading the court to dismiss the case.

patent settled · Feb 14, 2018

Aquapump Industries & Aquasub Engineering v.Texmo Industries

Madras High Court · C.S.No.231 of 1999

This Madras High Court judgment records a settlement reached between Aquapump Industries, Aquasub Engineering (Plaintiffs), and Texmo Industries (Defendant) regarding trademark infringement. The original suit sought permanent injunctions against the unauthorized use of the 'TEXMO' mark on various pump products and claimed damages/accounts of profits. Both parties successfully mediated their dispute, leading the court to decree the suit based on the terms of the Mediation Agreement dated February 21, 2017.

patent dismissed · Feb 14, 2018

M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel v.Thalappakattu Briyani

Madras High Court · C.S.No.517 of 2009

The Madras High Court addressed a civil suit filed by M/s.Thalappakatti Naidu Ananada Vilas Biriyani Hotel against Thalappakattu Briyani, which sought permanent injunction and damages for passing off the plaintiff's trade mark. However, before any substantive hearing on the merits of the infringement claim could take place, the plaintiff chose to withdraw the suit. Consequently, the court dismissed the case as withdrawn.

patent defendant favorable · Feb 12, 2018

Mohammed Mohideen (representing M/s.Kalanjiyam Cut Piece) v.M/S.New Kalanjiyam Readymade

Madras High Court · O.A.Nos.426 & 427 of 2015 in C.S.No.325 of 2015

The Madras High Court dismissed the interim injunction applications filed by M/s.Kalanjiyam Cut Piece against M/S.New Kalanjiyam Readymade, despite allegations of trademark infringement and passing off. The court noted a significant delay in filing the suit after receiving cease and desist notices from the defendant. Consequently, the judge found it inappropriate to grant an interim injunction at that stage, allowing the main suit to proceed for trial.

patent settled · Feb 8, 2018

K.Ganesh Nadar / M/s. Bharathi Consumer Care Products Pvt.Ltd. v.M/s. Bharathi Consumer Care Products Pvt.Ltd. / K.Ganesh Nadar

Madras High Court · C.S.No.534 of 2015 & C.S.No.915 of 2016

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.

patent settled · Feb 5, 2018

M/S.Unisept Nourishments Private Limited v.M/S.KTC Ventures

Madras High Court · C.S.No.650 of 2017 and O.A.No.799 of 2017 and A.No.8402 of 2017

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').

patent plaintiff favorable · Jan 25, 2018

M/s.N.Ranga Rao & Sons Private Limited v.M/s.Balarama'S Incense Pvt. Ltd.

Madras High Court · C.S.No.361 of 2000

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.

patent dismissed · Dec 13, 2017

M/s.Aloha India v.Brilliant Academy

Madras High Court · C.S.No.25 of 2011

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.

design dismissed · Nov 15, 2017

M & K Technologies v.Hi-Tech Carbons and Engineering Pvt. Ltd.

Madras High Court · C.M.A.NO.1806 OF 2007 and M.P.NO.1 OF 2007

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.

patent mixed · Oct 13, 2017

Lifestyle Equities CV v.QDSeatoman Designs Pvt. Ltd.

Madras High Court · O.S.A.Nos.216 and 249 of 2017

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.

trademark defendant favorable · Oct 13, 2017

A.Rajendran v.Thenandal Studios Limited

Madras High Court · O.S.A.No.280 of 2017

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.

trademark mixed · Sep 18, 2017

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

Madras High Court · W.P.No.161 of 2016

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.

patent remanded · Sep 14, 2017

Suru International Pvt. Ltd v.B.Braun Melsungen AG

Madras High Court · W.P.No.24502 of 2013

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.

patent defendant favorable · Aug 18, 2017

K.Manivannan v.The Chairman Intellectual Property Appellate Board, The Controller of Patent & Designs, M.Mani

Madras High Court · W.P.No.11951 of 2011

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.

patent settled · Aug 17, 2017

P.Maheswari (Propx. Venu Biriyani Hotel) v.Dindigul Venuu Biriyani

Madras High Court · C.S.No.366 of 2017 and O.A.No.506 of 2017

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.

patent settled · Aug 8, 2017

Kela Handloom & Co. v.Susanta Debnath

Madras High Court · C.S.No.569 of 2016

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.

patent dismissed · Jul 27, 2017

Bhushan Goyal (Proprietor, Chanda Softy Ice Creams) v.Intellectual Property Appellate Board & Mars Incorporated

Madras High Court · W.P.No.28746 of 2008 and M.P.No.1 of 2008

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.

patent defendant favorable · Jun 6, 2017

AVMH Corporation v.Subu Trade Pvt. Ltd.

Madras High Court · C.R.P.(PD)No.1687 of 2017

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.

patent plaintiff favorable · May 2, 2017

Versalis Spa v.The Assistant Controller of Patents

Madras High Court · (T) CMA (PT) No.2 of 2024

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.

trademark plaintiff favorable · Apr 12, 2017

M/s.Agsar Match Industries v.M/S.Edison Paints By Its

Madras High Court · AS(MD)No.89 of 2012

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.

patent settled · Feb 24, 2017

Cholayil Private Limited v.Aditya Birla Management Corporation Pvt Ltd.

Madras High Court · C.S.No.540 of 2011

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.

patent plaintiff favorable · Feb 2, 2017

Beckman Coulter Biomedical, LLC v.Union of India

Madras High Court · W.P.No.9785 of 2013 and M.P.No.1 of 2013

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.

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