Madras High Court
1359 cases · page 8 of 46
Showing 211–239Mr.Rahul Bagga v.The Controller of Patent
The petitioner filed a writ petition seeking to quash an abandonment order related to his patent application (No. 202041009246). The petitioner argued that he was unable to upload the response to the First Examination Report on the deadline due to technical/server errors on the respondent's website. The court found merit in this claim and ordered the abandonment quashed, directing the respondent to accept the response.
Regeneron Pharmaceuticals, Inc v.Controller of Patents and Designs, Government of India
Regeneron Pharmaceuticals appealed a rejection order by the Controller of Patents and Designs. The rejection was based on two grounds: that the amendment sought changed the scope of invention (violating Section 59), and that the subject matter lacked substantial benefit to mankind (Section 3(b)).
M/s.Shaktiman Equipments Private Limited v.Union of India
The Madras High Court dismissed the writ petition filed by M/s. Shaktiman Equipments Private Limited, upholding an earlier order from the Ministry of Corporate Affairs (MCA). The core dispute involved the use of the identical trade name 'Shaktiman' by both parties. The court affirmed that since the respondent company held extensive and long-standing trademark rights for 'Shaktiman,' its continued use by the petitioner was contrary to corporate incorporation rules, regardless of differences in product categories.
S.Sudhakar, S.Dhinakar, Shri Lakshmi Agro Foods (W.P.(IPD).No.27) v.The Registrar of Trademarks / The Deputy Registrar of Trademarks (W.P.(IPD).No.27 & 28)
The Madras High Court addressed two related Writ Petitions concerning the trademark TM No.595393. In W.P.(IPD) No.27, the court directed the Trademark Registry to rectify entries and update the digitalized TM-I form to correctly reflect the registered proprietor's name as requested by the petitioners. For W.P.(IPD) No.28, the Court mandated that the Registrar proceed with the pending application filed by a third respondent while simultaneously considering the petitioner's representations regarding rejection of that claim, requiring appropriate orders within eight weeks.
Bibin John v.Lifestyle International Private Limited
The Madras High Court, in an appeal challenging a prior injunction order, allowed the appellant to vacate the interim injunction granted by the lower court. The court noted that while there was no prima facie case for trademark infringement, it found evidence suggesting the appellant's use of e-commerce portals, leading to the reversal of the temporary restraint. However, subsequent proceedings were halted as the matter was appealed to the Supreme Court.
M/s. Sri Narasu'S Coffee Company Private Limited v.M/s. Narasu'S Saarathy Enterprises Private limited
This Civil Revision Petition challenged an order by the Commercial District Court, Salem, which allowed the respondent to file a written statement beyond the statutory limit. The petitioner argued that since the suit was filed under the Trademarks Act and designated as commercial, the limitation period should not apply. However, the Madras High Court ultimately dismissed the petition, finding that because the specified value of the suit was less than Rs. 3 lakhs, the Commercial Courts Act did not grant jurisdiction to the court in the first place. Consequently, the Trial Court's decision to accept the written statement was upheld on the ground of lack of commercial jurisdiction.
Embio Limited v.Malladi Drugs & Pharmaceuticals Ltd.
Embio Limited filed a petition seeking revocation of Patent No. 249376 granted to Malladi Drugs & Pharmaceuticals Ltd., alleging that the patent lacked novelty and inventive step. The court examined the arguments regarding prior art and technical advancement but found no illegality or perversity in the grant.
Dilip Kumar Jain v.The Registrar of Trademarks
The Madras High Court dismissed four Original Petitions (Trade Marks) filed by Dilip Kumar Jain. These petitions sought the revocation of several 'Sumeet' trademarks registered in various classes, arguing that their entries were wrongful and without sufficient cause. The court accepted a request from the petitioner's counsel to withdraw all pending matters, leading to the dismissal of the cases.
KYMAB LIMITED v.The Assistant Controller of Patents & Designs, The Patent Office
The appeal challenged the rejection of Patent Application No. 10716/CHENP/2012, which covered a process for generating antibodies in non-human mammals. The rejection was based on patent ineligibility under Section 3(i) because it was deemed a method of treatment of animals. The High Court held that the claimed invention was not aimed at treating the mice to render them disease-free or increase their economic value, and since antibodies are not intrinsic products like meat or milk, the rejection was unsustainable.
Tvs Motor Company Limited v.The Assistant Controller of Patents and Designs, Patent Office
TVS Motor Company appealed an order rejecting its patent application concerning a system for selectively operating regenerative braking in a vehicle. The rejection was based on lack of inventive step and insufficient disclosure regarding essential vehicle parameters. The High Court set aside the impugned order and remanded the matter for reconsideration.
Kx Technologies Llc v.The Registrar of Trade Marks
The Madras High Court set aside the Registrar of Trade Marks' decision that rejected Kx Technologies Llc's word mark application 'FACT'. The court found that while there were conflicting marks owned by Fertilisers & Chemicals Travancore Limited, the scope of protection for those earlier marks was limited to fertilizer and chemical products. Since Kx intended to use 'FACT' exclusively for air and water purification filters, the risk of confusion was deemed unlikely, allowing the application to proceed with a specific disclaimer.
Aachi Spices and Condiments Private Limited (and others) v.Aachiamman Chit Funds Private Limited
This appeal before the Madras High Court Commercial Appellate Division challenged a summary judgment that dismissed a suit for trademark infringement. The plaintiffs, owners of registered trademarks related to 'AACHI', argued that the judgment was flawed because it was rendered without hearing their arguments. The court found that the impugned judgment proceeded solely on perusal of the plaint and failed to consider the plaintiffs' submissions. Consequently, the High Court set aside the summary judgment and remanded the matter back to the Commercial Division for a fresh legal drill.
Ananda Vikatan Publishers (P) Ltd. v.News Tamil 24 x 7 / S Plus Media Ltd.
Ananda Vikatan Publishers challenged an earlier dismissal order by the Commercial Division regarding its request for permanent injunctions against News Tamil 24 x 7 and S Plus Media Ltd. The core dispute involved allegations of passing off a mark ('KAZHUGU') and copyright infringement related to 'MISTER KAZHUGU'. The Madras High Court, while noting that the original order failed to compare the competing marks adequately, opted for a consent order.
T.N.Janarthanan Trading as Namma Veetu Kalyanam Catering v.Mr.N.Venkatesan; The Registrar of Trade Marks
The Madras High Court dismissed two original petitions (OP(TM)/38 & 40/2024) filed by T.N.Janarthanan seeking the rectification and cancellation of trade marks registered by Mr. N. Venkatesan. The court noted that the first respondent had subsequently initiated applications for the cancellation of the disputed registrations before the Registrar of Trade Marks. Since the underlying issue was being addressed through administrative channels, the petitions were deemed infructuous.
T.N.Janarthanan Trading as Namma Veetu Kalyanam Catering v.Mr.N.Venkatesan; The Registrar of Trade Marks
The Madras High Court dismissed Original Petitions (OP(TM)/38 & 40/2024) filed by T.N.Janarthanan seeking rectification of trade marks registered by Mr. N. Venkatesan, as the respondent had initiated cancellation proceedings before the Registrar of Trade Marks. However, in a subsequent order, the Court directed the Registry to take necessary action regarding pending rectification applications and clarified that these matters pertain to the Chennai Trade Marks Registry, not New Delhi.
Somalogic Operating Co., INC. v.The Assistant Controller of Patents and Designs
Somalogic Operating Co. appealed the Assistant Controller's order rejecting its patent application for 'CARDIOVASCULAR RISK EVENT PREDICTION AND USES THEREOF'. The core dispute centered on whether the claimed invention qualified as a diagnostic method under Section 3(i) of the Patents Act, 1970. The High Court found that the appellant was not given a proper opportunity to argue against the classification and remanded the matter for fresh consideration.
Qualcomm Technologies Inc. v.Deputy Controller of Patents & Designs
Qualcomm Technologies Inc. appealed a rejection order by the Patent Controller regarding its patent application for a live scene recognition system that filters objectionable content before recording. The Controller rejected the claim based on lack of inventive step, citing two pieces of prior art (D1 and D2).
Hendrickson USA, L.L.C. v.The Controller of Patents and Designs, Government of India
The appellant challenged the rejection of its patent application (No. 2621/CHENP/2015) by the Controller, which had previously found that shot peening in the Heat Affected Zone (HAZ) was obvious from prior art. The appellant argued that its invention specifically claimed peening beyond the stress concentration boundary and asserted technical advantages for this extension. The High Court set aside the rejection order and remanded the matter to allow a fresh examination of the claim's novelty and non-obviousness based on peening beyond the HAZ.
Tractors & Farm Equipment Limited v.Massey Ferguson Corp.
Tractors & Farm Equipment Limited (TAFE) filed a suit against Massey Ferguson Corp. (MFC) seeking declarations regarding trademark abandonment and injunctive relief concerning their respective trademarks. The original Commercial Court returned the plaint, directing TAFE to file it in the Commercial Division of the High Court, citing maintainability issues. TAFE appealed this order, arguing for the jurisdiction of the Commercial Court. However, the Madras High Court upheld the lower court's decision, emphasizing that allowing such suits in the Commercial Court could lead to forum shopping and undermine the philosophy of the Commercial Courts Act.
Wipro Chandrika Private Limited v.Soji Thomas
The Madras High Court allowed the petition filed by Wipro Chandrika Private Limited seeking rectification of the trademark register against Soji Thomas. The court directed the Registrar of Trademarks to remove and cancel the trade mark 'CHANDRA' (Trade Mark No. 4628777) from Class 3, based on a prior settlement agreement between the parties. This decision effectively cleared the path for the petitioner by removing the conflicting registration.
V.K.R.Venkatesan v.V.Mahendran
V.K.R.Venkatesan filed a civil suit against V.Mahendran alleging multiple infringements related to the 'VKR SIVAJI BRAND' mark and associated artistic works used on rice products. The plaintiff sought permanent injunctions against trademark infringement, copyright violation, and passing off. However, before any judgment was passed on the merits of the case, the learned counsel for the plaintiff filed an endorsement requesting withdrawal of the suit.
Lv Bhavani Sankar v.Gemini Edibles And Fats India Pvt Ltd.
The Madras High Court addressed a Transfer Review Petition filed by Lv Bhavani Sankar against a previous rectification order concerning Trademark 3830617. The petitioner sought to keep the trademark registered. However, the court noted that the arguments in the current petition were identical to another pending petition and closed (T)Rev.Pet(IPD)/2/2024 without issuing a specific ruling on costs.
Natco Pharma Ltd. v.M/s. Schering Corporation
Natco Pharma Ltd filed an Original Petition (Patents) seeking the revocation of Indian Patent No.202128 against M/s. Schering Corporation and the Assistant Controller of Patents & Designs. The court observed that the term of the patent had expired on 06.10.2018, rendering the petition infructuous.
Jaisuryas Retail Ventures Pvt. Ltd. v.The Registrar of Trade Marks
Jaisuryas Retail Ventures Pvt. Ltd. filed multiple writ petitions seeking directions to the Registrar of Trade Marks to permit the filing of renewal applications for several registered trademarks. The petitioner argued that due to the failure of the Registrar to issue timely notice, they were entitled to renew the marks as a successor-in-interest. The Court held that while the lapse by the Registrar is noted, the petitioner must first register the assignment deed before applying for renewal.
Murali Lal Harish Chandra Jaiswal Pvt. Ltd. v.Karthikeyan Manishekar
The Madras High Court allowed a petition seeking the rectification and removal of the trademark 'HANS VENBA' (No. 3917470) following a settlement reached between the petitioner, Murali Lal Harish Chandra Jaiswal Pvt. Ltd., and the first respondent, Karthikeyan Manishekar. The court confirmed that the registration would be cancelled as per the terms of the memorandum of settlement executed on August 7, 2024. Consequently, the Registrar of Trade Marks was directed to remove the entry from the register within four weeks.
Mr. Prashant Philips v.M/s. The Assistant Controller of Patents and Designs
The appeal challenged the rejection of Indian Patent Application No. 1196/CHENP/2011, which related to using document length as a static relevance feature for ranking search results. The appellant argued that the invention provided a specific technical effect beyond general computing processes and was not merely an algorithm. The High Court set aside the rejection order and remanded the matter for fresh consideration.
M/s.Guangzhou Ocusun Ophthalmic Biotechnology Company Limited v.Joint Controller of Patents & Designs
The appeal challenged the rejection of a patent application concerning a crystal form of lanosterol prodrug compound. The appellant argued that the new form exhibited significant therapeutic efficacy, particularly in treating cataract symptoms, which was not adequately considered by the original examiner. The High Court set aside the rejection order and remanded the matter for reconsideration.
M/s.Guangzhou Ocusun Ophthalmic Biotechnology Company Limited v.Joint Controller of Patents & Designs
The appeal challenged the rejection of Patent Application No. 202147005676 for a crystal form of lanosterol prodrug compound. The appellant argued that the invention exhibited significant therapeutic efficacy, particularly in reducing cataract symptoms in neonatal rabbits. The High Court found that the impugned order failed to properly consider the experimental data demonstrating pharmacodynamic studies and set aside the rejection, remanding the matter for reconsideration.
The World Community Services Centre v.Vetham Kuzhumam Spiritual Trust
The Madras High Court disposed of a petition filed by The World Community Services Centre seeking rectification of a trademark registration held by Vetham Kuzhumam Spiritual Trust. The dispute, which involved specific service descriptions within Trademark Registration No. 3654426, was resolved amicably through a Joint Memorandum of Compromise signed by both parties. Consequently, the Court directed the Registrar of Trademarks to implement the terms of this compromise.
Mr.A.Salaudeen v.The Registrar of Trade Marks
Mr. A. Salaudeen approached the Madras High Court seeking intervention against the prolonged delay by the Registrar of Trade Marks in processing his post-registration changes for three trademarks ('Globe', 'Cock', and 'Anil'). The petitioner argued that this seven-year pendency was causing undue hardship and eroding his goodwill due to unauthorized third-party use. Recognizing the administrative lapse, the Court issued a directive compelling the Registrar to dispose of the pending application within eight weeks.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.