Defendant Favorable
277 defendant favorable decisions from Madras High Court.
Defendant Favorable Decisions
277 cases | Page 1 of 10
Solariz Healthcare Private Limited v.The Deputy Registrar (Head Of Office)
Solariz Healthcare Private Limited challenged an order dated 28.10.2025 passed by the Senior Examiner of Trade Marks (Mumbai Branch) concerning its Trade Mark Application No. 4826903. The petitioner argued that since the 'appropriate office' was Chennai, the Mumbai-attached examiner lacked jurisdiction to pass such an order.
J Nithyanandham, Partner of M/s M.V.S.Gramany and Sons v.M/s M.V.S.Gramany and Sons (A Registered Partnership Firm)
The suit was filed by a registered partnership firm and its partners against Mr. Gautham Nithyanandham (Proprietor of M/s TVS Snuff Company) alleging infringement of the trademark 'J.S.Madras Snuff' and passing off using marks like 'M.V.S.Gramany'. The second defendant filed an application seeking reference of this dispute to arbitration, but the court dismissed the application.
Steer Engineering Private Limited v.Joint Controller of Patents and Designs
The appeal was filed against the Joint Controller's order refusing to grant a patent for a fiber reinforced thermoplastic composition. The respondent argued that the amended claims were already covered by the parent application and did not meet statutory requirements, citing prior art.
E.R.Squibb & Sons Llc v.Union of India
E.R.Squibb & Sons LLC challenged the recommendation made by the Opposition Board regarding Patent No. IN340060, arguing that the board failed to consider crucial evidence submitted by the patentee during post-grant opposition proceedings initiated by Zydus Healthcare Limited. The Madras High Court dismissed the writ petition, holding that since the recommendation is only a suggestion for the Patent Authority, the petitioner could raise these objections during the final decision-making process or appeal.
Versuni Holding Bv Trading As Preethi v.Maya Appliances Private Limited
This Madras High Court judgment addresses the maintainability of a patent revocation application filed by Versuni Holding Bv Trading As Preethi against Maya Appliances Private Limited. The core issue was whether the petitioner could file this separate revocation petition when they had already contested the validity of Indian Patent No. 351954 as a counter-claim in an infringement suit before the Delhi High Court. The court held that once a defense is exercised in one forum, it cannot be re-agitated in another.
Gibraltar (Uk) Limited v.The Registrar Of Trade Marks
Gibraltar (Uk) Limited appealed the rejection of its trademark application for 'PROMAX' under Class 31, arguing that it was a prior user and should be accepted despite objections based on similarity to existing marks. The Madras High Court upheld the Registrar's decision, finding that the appellant’s mark was deceptively similar to cited marks already registered in the same class. The court emphasized that registering the single word 'PROMAX' would create an undue monopoly over a common formative mark.
Dasaprakash Restaurant And Ice Cream Parlour Pvt.Ltd. v.The Deputy Registrar of Trademarks
The Madras High Court dismissed an appeal filed by Dasaprakash Restaurant and Ice Cream Parlour Pvt.Ltd., which sought to record its rights as a subsequent proprietor of the 'Dasaprakash' trademark. The court upheld the Trademark Registry's rejection, ruling that the transfer agreement was void ab initio because it was executed while the original proprietor, Balakrishna Rao, was legally incompetent due to insolvency proceedings. Furthermore, the court emphasized that since the mark was a family mark jointly owned by legal heirs, no single proprietor could unilaterally transfer rights.
Italfarmaco Spa v.Deputy Controller of Patents & designs
Italfarmaco Spa filed an appeal challenging a previous order by the Deputy Controller of Patents & Designs rejecting the grant of patent for Application No.10810/CHENP/2012. The High Court examined whether the Original Side Appeal was maintainable under Clause 15 of Letters Patent, considering the provisions of the Commercial Courts Act.
Italfarmaco Spa v.Deputy Controller of Patents & designs
Italfarmaco Spa filed an appeal challenging the order passed by the Single Judge of the High Court of Madras. The core issue was whether this Original Side Appeal (OSA) was maintainable under Clause 15 of the Letters Patent, given that the underlying matter involved a decision made under Section 117A of the Patents Act, 1970. The court held that since the Commercial Courts Act is a special enactment and provides specific appeal mechanisms, the intra-Court Appeal under Clause 15 was not maintainable.
Italfarmaco Spa v.Deputy Controller of Patents & Designs
Italfarmaco Spa filed an appeal challenging the order passed by the Single Judge of the High Court of Madras. The core issue was whether this Original Side Appeal (OSA) was maintainable under Clause 15 of the Letters Patent, given that the original matter involved a rejection of patent grant under Section 15 of the Patents Act, 1970. The court held that since an appeal mechanism already existed under Section 117A of the Patents Act, the intra-Court Appeal under Clause 15 was not maintainable.
Rajkumar Sabu v.Sabu Trade Private Ltd.
The Madras High Court dismissed a writ petition filed by Rajkumar Sabu challenging the acceptance and subsequent advertisement of the trademark 'SACHAMOTI' in favor of Sabu Trade Private Ltd. The petitioner sought to quash the acceptance report, arguing that the application was based on fabricated documents and should not proceed without hearing him. However, the Court found that the petitioner's interlocutory petition lacked statutory basis and noted that he already had a remedy available through lodging an opposition under the Trademark Act.
M/s. Karim Hotels Pvt. Ltd. v.Al Kareem
In a dispute over trademark similarity, the Madras High Court addressed M/s. Karim Hotels Pvt. Ltd.'s petition seeking rectification of Al Kareem's mark 'AL Kareem'. Despite the petitioner asserting long-standing goodwill and deceptive similarity, the court ultimately favored the respondent. The judgment recognized the existing use of 'AL Kareem' in Hyderabad but imposed a crucial geographical limitation on its registration to prevent confusion outside that specific region.
Sun Pharmaceutical Industries Limited v.K.Venkateshwara Rao
Sun Pharmaceutical Industries Limited sought the rectification and removal of a trademark registration ('NICSON PHARMA') held by K.Venkateshwara Rao, arguing that it was deceptively similar to its own established mark 'SUN PHARMA'. The Madras High Court ultimately dismissed the petition. The court found that when comparing the two marks as a whole, there was no likelihood of confusion or deception among the average consumer, thereby upholding the validity of the rival registration.
Mr.A.Ruthramoorthy v.Mr.P.Moorthy
Petitioners sought to rectify/expunge a copyright registration (A-146894/2023) for an artistic work photograph of a pump assembly, arguing that Section 15(1) of the Copyright Act renders it invalid because the article was already registered as a design. The court dismissed the petition, concluding that the Pump Assembly itself, not the photograph, was registered as a design and that the photograph did not meet the requirements of a design.
Mr.A.Ruthramoorthy, Trading as M/s.Bharani Engineering Work; Mr.R.Logenthiran, Trading as M/s.Bharani Engineering Work v.Mr.P.Moorthy; The Registrar of Copyrights
Petitioners sought rectification and expungement of a copyright registration (A-146894/2023) for an artistic photograph of a pump assembly. Petitioners argued that since the article was also registered as a design earlier, Section 15(1) of the Copyright Act should apply. However, the Court found that the work registered was the Pump Assembly itself (as a design), not the photograph/artistic work, and therefore dismissed the petition.
Puducherry Body Builders & Fitness Association v.The Government of India
This writ petition was filed by the Puducherry Body Builders & Fitness Association seeking to prevent private associations from conducting bodybuilding competitions using names like 'Mr. India' and 'Open Mr. South India'. The petitioner argued that such usage violated Section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950. However, the High Court ultimately dismissed the petition, holding that these titles are common terminology specific to bodybuilding competitions and do not constitute an improper use of national emblems or names for trade purposes.
Dr. Jitendra Das Maganti v.MGM Healthcare Pvt. Ltd.
Dr. Jitendra Das Maganti filed three Original Applications seeking an interim injunction against MGM Healthcare Pvt. Ltd., alleging trademark infringement and passing off related to the 'SEVEN HILLS' brand, which is registered by the plaintiff. The dispute arose in the context of a Corporate Insolvency Resolution Process (CIRP) where the corporate debtor was undergoing restructuring. The Madras High Court ultimately dismissed the applications, finding that the resolution plan sanctioned by the NCLT prima facie granted permission to use 'Seven Hills,' thus balancing convenience in favor of the defendant.
M/s.STEEL STRIPS WHEELS LIMITED v.WHEELS INDIA LIMITED
The petitioner filed a Transfer Original Petition seeking revocation of Patent No. 269220, granted to Wheels India Limited for 'Vehicle Wheels Having Non-Constant Thickness Rims'. The petitioner raised grounds including lack of novelty and inventive step. The court examined these grounds and partially revoked the patent while maintaining certain claims subject to amendment.
Heritage Foods (India) Limited v.Good Health Agrotech Pvt. Ltd.
The Madras High Court addressed a petition seeking the rectification and removal of the trade mark 'HERITAGE' registered by Good Health Agrotech Pvt. Ltd., citing prior use by Heritage Foods (India) Limited. Despite the petitioner demonstrating substantial sales turnover and long-standing use, the court found evidence supporting the first respondent's honest and bona fide adoption of the mark for edible oils since 1994. Consequently, the petition was dismissed, but the court imposed a crucial condition: the registration remains valid only for edible oils.
Bristol Myers Squibb Company v.Deputy Controller of Patents & Designs
Bristol Myers Squibb challenged communications from the Deputy Controller of Patents & Designs regarding Patent Application No. 5948/CHENP/2014, arguing that additional documents submitted by the opponent (Indian Pharmaceutical Alliance) should not be considered due to procedural non-compliance. The court ultimately declined to interfere with the decision to receive these documents but directed that the proceedings must conclude expeditiously within three months.
Caleb Suresh Motupalli v.Controller of Patents
The petitioner filed a Review Application challenging the rejection of his earlier appeal, which had been rejected on both maintainability grounds (Section 117A) and merits. The petitioner argued that patent errors existed in the interpretation of Sections 10(4) and 3(k), specifically concerning technical effect and best mode. The Madras High Court dismissed the review application, finding no error apparent.
Raghuvar (India) Limited v.The Registrar of Trademarks
The Madras High Court dismissed the appeal filed by Raghuvar (India) Limited against the Registrar of Trademarks' decision regarding its opposition to the 'JAI HANUMAN' trademark. Although the appellant argued that their predecessor had prior, pan-India use and that a crucial assignment deed was ignored, the court ultimately found no infirmity in the original order. The rejection hinged on the lack of evidence demonstrating the appellant's actual use of the mark within South India, thereby upholding the Registrar's decision to restrict the scope of the new registration.
Navya Network Inc. v.The Controller of Patents & Designs
Navya Network Inc. appealed the rejection of its patent application for 'TREATMENT RELATED QUANTITATIVE DECISION ENGINE'. The Controller raised objections regarding lack of novelty, lack of inventive step, and exclusion under Section 3(k). The High Court dismissed the appeal, finding that the invention was obvious to a Person Skilled in the Art (PSITA) based on cited prior art.
Caleb Suresh Motupalli v.Controller of Patents
The appellant challenged the Controller's order rejecting his patent application based on various grounds, including lack of enablement, ambiguity in claims, and non-patentability. The High Court examined these issues, concluding that the invention lacked a demonstrable technical effect and failed to meet statutory requirements.
Los Gatos Production Services India LLP v.Wunderbar Films Private Limited
The dispute involved applications seeking rejection of plaint and revocation of leave to sue in a copyright infringement matter. The fifth defendant argued lack of territorial jurisdiction and non-compliance with pre-suit mediation. The Court held that since part of the cause of action arose within Chennai, it retained jurisdiction, thus dismissing both applications.
Los Gatos Production Services India LLP v.Wunderbar Films Private Limited
The dispute concerns alleged copyright infringement related to 'behind the scenes (BTS)' footage from the film "NAANUM ROWDY DHAAN". The fifth defendant challenged the jurisdiction and maintainability of the suit filed by Los Gatos Production Services India LLP, arguing lack of territorial nexus and non-compliance with pre-suit mediation. The Court held that since part of the cause of action arose in Chennai, it retained territorial jurisdiction, thus dismissing the challenges.
Italfarmaco Spa v.Deputy Controller Of Patents & Designs
Italfarmaco Spa appealed the rejection of its patent application for a method involving iron (III) caseinsuccinylate. The Deputy Controller rejected the grant on the grounds that the claimed invention lacked inventive step and fell under Section 3(d) of the Patents Act, 1970. The High Court upheld the respondent's decision.
M/s.Mysore Sangam Agarbatti Works v.M/s.Ganga Products
The Madras High Court dismissed the appeal filed by Mysore Sangam Agarbatti Works against the Registrar's decision rejecting its opposition to Ganga Products' trademark application for 'DEVICE OF LORD SHIVA'. The court held that names of Hindu deities are not exclusive and cannot be monopolized, citing established Supreme Court precedents. While dismissing the appeal, the court granted liberty to the appellant to seek cancellation under Section 47 if the mark is eventually registered.
Hatsun Agro Product Limited v.V.Shanmugam And S.Murugesan (Trading as Arokiya Foods)
Hatsun Agro Product Limited sought the cancellation of a registered trademark ('AROKIYA') held by V.Shanmugam and S.Murugesan, alleging non-usage for over five years under Sections 47 and 57 of the Trade Marks Act. The Madras High Court dismissed the petition, holding that the respondent's minor alteration to the mark (removing a device mark) did not constitute a substantial change affecting its identity. Furthermore, the court found no merit in the petitioner's claim regarding non-usage.
Hatsun Agro Product Limited v.V.Shanmugam And S.Murugesan (Trading as Arokiya Foods)
Hatsun Agro Product Limited sought the cancellation of a registered trademark ('AROKIYA') held by V.Shanmugam and S.Murugesan, alleging non-usage for over five years under Sections 47 and 57 of the Trade Marks Act. The Madras High Court dismissed the petition, holding that the respondent's minor alteration to the mark (removing a device mark) did not constitute a substantial change affecting its identity. Furthermore, the court found no merit in the petitioner's claim regarding non-usage.
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