Dismissed Decisions
301 cases | Page 2 of 11
Apex Formulations Pvt. Ltd. v.Apex Laboratories P.Ltd.
The Madras High Court dismissed a Transfer Original Petition filed by Apex Formulations Pvt. Ltd against Apex Laboratories P.Ltd. The petition, which sought the removal or rectification of a trademark registration (No. 343270) in Class 5, was withdrawn by the petitioner. This dismissal confirms that the parties had reached a compromise in an earlier case (C.S.No.614 of 1998), and the terms of that settlement remain binding.
Apollo Hospitals Enterprise Limited v.The Registrar of Trademarks
Apollo Hospitals Enterprise Limited filed an appeal challenging the Registrar of Trademarks' refusal to register its trademark 'VAPOR PLUS'. The appeal sought to set aside the refusal order dated July 24, 2018. However, before the court could rule on the merits, the appellant voluntarily withdrew the Civil Miscellaneous Appeal (Trade Marks). Consequently, the High Court dismissed the appeal as withdrawn.
Odi-Ray Industries Limited v.P.Krishnam Raju; The Registrar of Trade Marks
The Madras High Court dismissed the petition filed by Odi-Ray Industries Limited seeking the cancellation of the trade mark 'SPICE' (Registration No. 1091801). The court noted that despite being served with the Registry notice, the petitioner failed to appear and prosecute the matter before the court. Consequently, the petition was dismissed for default.
Erytech Pharma v.The Assistant Controller of Patents and Designs
Erytech Pharma filed a Transfer Civil Miscellaneous Appeal (Patents) challenging the Assistant Controller's decision regarding Indian Patent Application No. 661/CHENP/2010. The appellant subsequently sought and was granted leave to withdraw the appeal.
Magnum Eco Tech. Partner v.Controller General of Patents, Designs & Trademarks
Magnum Eco Tech. Partner filed an Appeal before the Madras High Court seeking to reverse a prior order by the Controller General of Patents regarding patent application 201841047838 and grant the patent in their favor. The petition also included a request for condonation of delay. However, the court noted that attempts to serve the Registry notice on the petitioner failed as the petitioner was not present at the given address. Consequently, the Court closed the appeal/petition.
M/s.Haryana Soap Factory (Sh.Krishan Kumar Jain) v.Sh.A.J.Saravanan & The Registrar of Trade Marks
This Madras High Court judgment confirms the dismissal of Transfer Original Petitions filed by M/s.Haryana Soap Factory seeking rectification of specific trademarks (936165 and 1833170). The court noted that both parties had reached a compromise regarding the underlying dispute, which was formalized in a memo recorded by the District Court, Delhi. Consequently, the petitioner voluntarily withdrew their claims, leading to the dismissal of the petitions without costs.
Amit R Gowda v.C.Kiran Trading As A And A Fitness Training Center; The Registrar of Trademarks
The Madras High Court dismissed the petition filed by Amit R Gowda seeking the cancellation and rectification of Trademark No. 3065086 in Class 41. The court noted that the Registry's notice to the petitioner was returned as undeliverable, making it difficult for the court to proceed with the matter. Although the petition is closed, the petitioner retains the right to revive it upon receiving proper notification.
Gunakar Private Limited v.Assistant Controller of Patents & Design, The Patent Office
Gunakar Private Limited filed a Transfer Civil Miscellaneous Appeal challenging an order dated 22nd February, 2019, passed by the Assistant Controller of Patents & Design regarding patent application no. 201621033630. The appeal sought to quash the rejection and allow the claims.
M/S.Wensar Weighing Seales Limited v.The Tintometer Limited
The Madras High Court dismissed the petition filed by M/S. Wensar Weighing Seales Limited against The Tintometer Limited. The petitioner had sought to remove and expunge the trademark registration 'TINTOMETER' from the register, citing grounds of wrongful registration or non-use. However, due to the petitioner's failure to appear before the court on two successive occasions, the petition was dismissed for default.
M/S.Mysore Commerce & Sales Pvt. Ltd. v.M/s.Anti Surge Fuses & Lamps; M/s.Shri Krishna Industries; The Registrar of Trade Mark
The Madras High Court dismissed the petition filed by M/S.Mysore Commerce & Sales Pvt. Ltd., which sought the removal of a trade mark entry from the Register of Trade Marks. The dismissal was not based on the merits of the case, but rather because the Registry's attempt to serve notice on the petitioner failed due to an incorrect address. Crucially, the Court allowed the petitioner to revive the petition since the failure was attributable to the Registry's inability to effect service.
Crompton Greaves Consumer Electricals Limited v.Sheik Azeez-Ur Rahaman Trading as Kramson and The Registrar of Trade Marks
Crompton Greaves Consumer Electricals filed a petition seeking the rectification and removal of the trade mark 'KRAMSON' from the register. The court noted that the first respondent's mark had expired due to non-renewal. Consequently, the High Court closed the petition but granted liberty for it to be revived should the registration be renewed by the respondent.
Guangzhou Ruifeng Audio Technology Corporation Limited v.G.Parthasarathi
The Madras High Court dismissed a Transfer Original Petition filed by Guangzhou Ruifeng Audio Technology. The petition sought to remove or rectify the registration of Trade Mark No. 1958762, specifically requesting that the applicant be recognized as the proprietor via assignment. However, due to the petitioner's failure to appear before the court on the scheduled date, the petition was dismissed for default.
M/s.Sailaksh Trading as Hotel Grand Swagath v.M/s.Hotel Swagath, Dhanturi Group of Hotels Pvt. Ltd.; The Registrar of Trade Marks
The Madras High Court dismissed a Transfer Original Petition filed by M/s.Sailaksh Trading as Hotel Grand Swagath against M/s.Hotel Swagath and the Registrar of Trade Marks. The petition sought to remove or cancel the trademark 'HOTEL SWAGATH' (Device) registered in Class-43. The court noted that the proprietors of the petitioner hotel had passed away, leading to the withdrawal of a related infringement suit by the first respondent. Consequently, the Transfer Original Petition was dismissed as abated, though it can be revived by legal heirs.
M/S.Wensar Weighing Scales Limited v.The Tintometer Limited
The Madras High Court dismissed the Transfer Original Petition filed by M/S. Wensar Weighing Scales Limited against The Tintometer Limited. The petition sought the removal and expungement of two trademark registrations ('Tintometer') based on grounds including wrongful registration and non-use. However, due to the petitioner's counsel failing to provide instructions, the court dismissed the entire petition for default.
Enercon India Ltd. v.M/S. Wobben Properties GmbH
Enercon India Ltd filed a petition seeking the revocation of Indian Patent No. 220033 granted by the Controller of Patents, Chennai. Both parties submitted that the term of the said patent had expired on November 7, 2023.
Guangzhou Liwei Electronics Co.Ltd v.Rakesh P.Jain
The Madras High Court dismissed the Original Petition (Trademarks) filed by Guangzhou Liwei Electronics Co.Ltd against Rakesh P.Jain and the Trade Marks Registry. The petition sought the rectification and cancellation of the trade mark 'BLUEDIO' registered under No.2245731 in Class 09. However, the petitioner subsequently filed a memo instructing the court to withdraw the entire petition, leading to its dismissal without any order as to costs.
Manohar Singh v.Shyam Singh
Manohar Singh filed a civil suit against Shyam Singh and others, alleging infringement of his registered trade marks ('Singh') and associated copyrights in connection with mehandi products. The plaintiff sought permanent injunctions against the use of deceptively similar marks like 'Raju Singh' and 'Ram Singh'. However, due to the plaintiff's lack of cooperation in recording oral evidence over the years, the court ultimately dismissed the suit for non-prosecution.
M/S.Ramson Tile Works (Pvt) Ltd. v.M/S.Supreme Tile Works
M/S.Ramson Tile Works (Pvt) Ltd. filed two Original Petitions seeking the expungement and removal of registered trademarks belonging to M/S.Supreme Tile Works from the register. The petitions targeted marks like 'SUPREME TILE WORKS' and 'AMARJYOTHI' in Class 19, alleging grounds for cancellation under the Trade Marks Act, 1999. However, before any substantive hearing could take place, the petitioner chose to withdraw both Original Petitions.
Sunovion Pharmaceuticals Inc. v.The Assistant Controller of Patents and Designs, Patent Office, IPR Building, SIDCO Plot, GST Road, Guindy, Chennai 600 032
Sunovion Pharmaceuticals Inc. filed a Transfer Civil Miscellaneous Appeal (Patents) seeking to quash an earlier order and direct the grant of patent for Indian Patent Application No.395/CHENP/2012. However, the appellant subsequently instructed their counsel to withdraw the appeal.
Te Bios Co. Ltd v.The Controller of Patents and Designs, Government of India
Te Bios Co. Ltd filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier order issued by The Controller of Patents and Designs. However, the appellant subsequently filed a memo instructing its counsel to withdraw the appeal.
Dsm Ip Assets B.V. v.The Controller of Patents and Designs
Dsm Ip Assets B.V. filed a Transfer Civil Miscellaneous Appeal seeking to overturn an order refusing to grant a patent on Application No. 3957/CHENP/2011. The appeal was dismissed by the Madras High Court because the appellant failed to appear in court at the hearing, despite being served notice.
M/s. Mysore Commerce & Sales Pvt.Ltd v.M/s.Anti Surge Fuses and Lamps; M/s.Shri Krishna Industries; The Registrar of Trade Marks
The Madras High Court dismissed the Original Petition filed by M/s. Mysore Commerce & Sales Pvt.Ltd seeking removal of a trademark entry from the Register of Trade Marks. The dismissal was not based on the merits of the case, but rather due to repeated difficulties in serving notice and locating the petitioner at the specified address. Consequently, the petition was dismissed for non-prosecution.
Manipal Holdings Private Limited v.Manipal Academy Of Higher Education Deemed University, Registrar of Trade Marks, MEMG International India Private Limited, Manipal Global Education Services Pvt. Ltd.
The Madras High Court dismissed a series of Trade Mark Rectification petitions filed by Manipal Holdings Private Limited against various entities. The court noted that the contesting parties had reached an amicable settlement and executed a compromise decree on November 4, 2023. Consequently, the petitioner requested that all rectification petitions be closed as withdrawn in line with the terms of the settlement.
Mohan Breweries and Distilleries Limited v.Appollo Distilleries Pvt. Ltd.
Mohan Breweries and Distilleries Limited filed a civil suit against Apollo Distilleries Pvt. Ltd. and Tamil Nadu State Marketing Corporation Limited, alleging infringement of its registered design and trademark, as well as passing off their beer products. The plaintiff sought permanent injunctions, accounting of profits, destruction of infringing goods, and damages amounting to Rs. 2 Crores. However, the suit was ultimately dismissed by the court upon the request of the plaintiff's counsel.
Global Medikit Limited v.B.Braun Melsungen Ag
Global Medikit Limited filed a Transfer Original Petition (Patents) before the Madras High Court, seeking to rectify or revoke Indian Patent No. 210062. The court noted that the patent's term had already expired on August 18, 2018.
Jaisica International v.The Registrar of Trade Marks; Crystal Cook-N-Serve Products Pvt. Ltd.
Jaisica International filed an appeal challenging the Registrar of Trade Marks' order of abandonment concerning its device mark 'KRYSTAL'. However, before the High Court could rule on the merits of the case, the appellant voluntarily chose to withdraw the appeal. Consequently, the court dismissed the matter as withdrawn without passing any substantive orders regarding costs.
Eupharma Laboratories Ltd. v.Brawn and Burk Pharmaceuticals Pvt. Ltd.
Eupharma Laboratories Ltd. filed a civil suit against Brawn and Burk Pharmaceuticals Pvt. Ltd., seeking permanent injunctions for infringing the 'MALOXINE' trademark and copyrighted carton design, as well as damages for passing off. The original prayer sought to restrain the defendant from using similar marks or designs on pharmaceutical products. However, given that the plaintiff company had been wound up and remained inactive in prosecuting this very old suit since 1998, the Madras High Court dismissed the case for non-prosecution.
F.Hoffmann-La Roche Ag v.The Controller of Patents and Designs, Government of India
F.Hoffmann-La Roche Ag filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier decision by the Controller of Patents and Designs concerning Patent No. 207232. The appellant subsequently instructed counsel to withdraw the appeal due to the expiry of the patent term.
F.Hoffmann-La Roche Ag v.The Controller of Patents and Designs, Government of India
F.Hoffmann-La Roche Ag filed an appeal challenging an order passed by The Controller of Patents and Designs regarding Patent No. 208718. However, the petitioner subsequently informed the court that the patent had expired on October 1, 2019.
Laurus Labs Pvt Ltd v.H.Lundbeck A/S
Laurus Labs Pvt Ltd filed a Transfer Original Petition seeking the revocation of Indian patent No. 229919 held by H. Lundbeck A/S under Section 64 of the Patents Act, 1970. The court observed that the term of the said patent had already expired on July 12, 2021.
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