Dismissed Decisions
301 cases | Page 5 of 11
Wellpet LLC v.The Registrar of Trade Marks
Wellpet LLC filed a Civil Miscellaneous Appeal challenging the Registrar of Trade Marks' refusal to register the mark 'WELLNESS' in Class 31. The appeal sought to set aside the initial refusal order from August 2018 and allow the trademark application to proceed. However, before the court could rule on the merits, Wellpet LLC filed a memo instructing its counsel to withdraw the appeal. Consequently, the Madras High Court dismissed the case as withdrawn.
Huawei Technologies Co., Ltd v.The Controller General of Patents and Designs
Huawei Technologies Co. filed a Transfer Civil Miscellaneous Appeal challenging an earlier order passed by Respondent No. 3. The Madras High Court noted that the matter had already been remanded for reconsideration by the Intellectual Property Appellate Board in a previous order and closed the appeal without further adjudication.
Kishorkumar Gokaldas v.The Registrar of Trademarks
The Madras High Court dismissed three Transfer Original Petitions filed by Kishorkumar Gokaldas against the Registrar of Trademarks. The petitions sought to remove or rectify specific trademark registrations (Nos. 2224503, 2224504, and 2224505). However, both parties agreed that these trademarks had not been renewed and were therefore no longer in force, rendering the legal challenges moot and infructuous.
Sun Pharma Laboratories Ltd v.B.B. Mohan Kumar Trading As East West Pharma & The Registrar of Trademarks
The Madras High Court dismissed the rectification petition filed by Sun Pharma Laboratories Ltd against Trademark No. 1764708. The court noted that the trademark in question had expired on December 17, 2018, and was not subsequently renewed. Consequently, the petitioner's request to remove the entry from the register became infructuous.
Bharatiya Janata Party Kisan Morcha, Andhra Pradesh Unit v.Monsanto Technology, LLC
The petitioner filed a Transfer Original Petition seeking the revocation of Indian Patent No. 232681 held by Monsanto Technology. The first respondent submitted that the term of this patent had already expired on June 5, 2022.
Bluechip Amusements (India) Pvt. Ltd. v.Crazy Concepts And Mazes Pvt.Ltd.
The Madras High Court dismissed the Original Petitions filed by Bluechip Amusements against Crazy Concepts and Mazes. The dismissal was due to non-prosecution, as the petitioner informed the court that they no longer operated their outlet under the name 'HORROR HOUSE.' This outcome highlights the importance of active litigation management in trademark disputes.
M.Sarojini v.M/s. Ce Biotech (P) Limited
The Madras High Court dismissed a petition filed by M.Sarojini seeking the expungement of the trademark ZIPROVIT (No. 1631278) from the register, which was held in the name of M/s. CE Biotech (P) Limited. The petitioner subsequently informed the court that they were withdrawing the petition due to the non-renewal of the relevant trademark registration. This outcome highlights the procedural necessity of maintaining active IP rights.
Ramesh Gupta And Rajan Gupta Partners Of M/s Ganga Containers v.M.A.Hameed Proprietor, AH Food products
The Madras High Court dismissed a trademark petition filed by Ramesh Gupta and Rajan Gupta Partners against M.A. Hameed Proprietor. The court noted that the core subject matter, Trademark Registration No. 1879905, had been cancelled. Since the underlying right was no longer valid, the entire petition became infructuous, leading to its dismissal without any order regarding costs.
M/s. Adwaith Lakshmi Industries Limited v.Mylsamy Ranga Ramanujam
M/s. Adwaith Lakshmi Industries Limited filed an Original Petition seeking the rectification or revocation of Patent No. 262529, alleging it was invalid and obtained by misrepresentation. The petitioner subsequently withdrew the petition.
M.Y. Mumtaj Begum & M. Badrudeen v.K.R. Iqbal Ahmmed & The Registrar of Trade Marks
The Madras High Court addressed an Original Petition seeking the rectification and cancellation of Trademark Registration No. 1509172, which was granted to K.R. Iqbal Ahmmed for beedies and tobacco products. However, before any substantive hearing could take place, the petitioners communicated their decision to withdraw the petition. Consequently, the court dismissed the Original Petition as withdrawn without making any order regarding costs.
Novartis AG v.The Controller of Patents and Designs
Novartis AG appealed against an order passed by the Controller of Patents and Designs regarding an opposition filed under Section 25(2) concerning Patent No. 223313. The court noted that the term of Patent No. 223313 had expired on May 16, 2023.
Kurian John Melamparambil v.Sulbha G. Shenoi; The Trademark Registry
The Madras High Court dismissed the Original Petition filed by Kurian John Melamparambil seeking rectification of Trademark No. 1301085. The dismissal was based on a submission from the first respondent, stating that the trademark had not been renewed since August 6, 2014. Consequently, the petition to remove or rectify the entry became infructuous.
M/S.Thalappakattu Biriyani & Fast Food v.M/s.Thalappakatti Naidu Ananda Vilas Biriyani Hotel; The Deputy Registrar of Trademarks, Chennai
The Madras High Court addressed a petition filed by M/S.Thalappakattu Biriyani & Fast Food seeking the cancellation and rectification of Trademark No. 1408388, which was registered in favor of another party. However, before the court could rule on the merits of the trademark dispute, the petitioner voluntarily chose to withdraw the Original Petition. Consequently, the High Court dismissed the case as withdrawn without making any order regarding costs.
Upl Limited v.Basf Se
UPL Limited filed an Original Petition (Patent) seeking the revocation of Patent No. 262428 against Basf Se and The Controller of Patents. However, the petitioner subsequently instructed their counsel to withdraw the petition.
Novartis AG v.Asst.Controller of Patents and Designs, Government of India
Novartis AG filed a Transfer Civil Miscellaneous Appeal challenging an order passed by the Assistant Controller of Patents and Designs regarding a Post Grant Opposition to Patent No. 237273. The appeal was subsequently withdrawn by the appellant.
India Nippon Electricals Limited v.M/s. Denso Corporation
India Nippon Electricals Limited filed an Original Petition seeking the revocation of Indian Patent 240996 granted by the Controller of Patents. However, the petitioner's counsel subsequently instructed to withdraw the petition.
Sun Pharmaceutical Industries Limited v.The Controller of Patents and Designs
Sun Pharmaceutical Industries Limited filed a Transfer Civil Miscellaneous Appeal challenging an earlier decision by the Controller of Patents and Designs concerning Patent No. 224855. However, both parties submitted that the term of Patent No. 224855 had already ceased on October 14, 2019.
Abbvie Deutschland GmbH & Co Kg v.Assistant Controller of Patents and Designs, Government of India, Patent Office
Abbvie Deutschland GmbH & Co Kg filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier decision made by the Assistant Controller of Patents and Designs. The appeal sought to allow Application No. 2420/CHENP/2009 for patent grant. However, the appellant subsequently withdrew the appeal.
Indian Institute of Technology Madras v.The Controller of Patents and Designs
The Indian Institute of Technology Madras filed a Transfer Civil Miscellaneous Appeal challenging an order passed by The Controller of Patents and Designs regarding the renewal application for its Patent No. 2007637. However, the appellant subsequently instructed counsel to withdraw the appeal.
Oracle International Corporation v.Controller Of Patents
Oracle International Corporation filed a Transfer Civil Miscellaneous Appeal challenging the Controller of Patents' order regarding the patentability of its application (3566/CHENP/2006). The appeal argued that the subject matter was eligible for patent protection and not excluded as a business method or computer program per se. However, the appellant subsequently withdrew the appeal.
Sucampo AG v.Assistant Controller of Patents and Designs, Government of India
Sucampo AG filed a Transfer Civil Miscellaneous Appeal (Patents) challenging the revocation of Patent No. 223147 by the Assistant Controller of Patents and Designs. The appellant subsequently submitted a memo requesting the withdrawal of the appeal.
Merck Sharp & Dohme Corp. v.The Assistant Controller of Patents and Designs
Merck Sharp & Dohme Corp. filed a Transfer Civil Miscellaneous Appeal (Patents) seeking to set aside an impugned order and grant a patent on Indian Patent Application No. 5162/CHENP/2010. The appellant subsequently instructed counsel to withdraw the appeal.
Universidad De Nvarra v.Assistant Controller of Patents and Designs, Government of India
Universidad De Nvarra filed a Transfer Civil Miscellaneous Appeal (Patents) seeking to overturn previous orders and allow its patent application No.4387/CHENP/2006 to proceed to grant. However, the appellant subsequently submitted a memo requesting the withdrawal of the appeal.
Oracle International Corporation v.The Controller of Patents
Oracle International Corporation filed a Transfer Civil Miscellaneous Appeal challenging the refusal of its patent application (No. 3740/CHENP/2006) by the Assistant Controller of Patents. The appeal was subsequently withdrawn by the appellant.
Novartis AG v.Cipla Limited
Novartis AG filed a Transfer Civil Miscellaneous Appeal (Patents) challenging the decision of the Assistant Controller of Patents and Designs regarding Patent Application No. 593/CHE/2005. The appellant subsequently instructed its counsel to withdraw the appeal.
United Foods Public Company Limited v.The Registrar of Trademarks
United Foods Public Company Limited filed a Civil Miscellaneous Appeal challenging the Registrar of Trademarks' refusal to register the mark 'YOYO' in Class 30. The appeal sought to set aside the refusal and allow the trademark application to proceed. However, before the court could rule on the merits of the case, the appellant voluntarily moved for withdrawal. Consequently, the Madras High Court dismissed the appeal as withdrawn.
Amgen Inc v.The Registrar of Trademarks
Amgen Inc filed a Civil Miscellaneous Appeal challenging the Registrar of Trademarks' refusal to register the mark 'SILIQ' in Class 5. The appeal sought to set aside the previous order and allow the trademark registration to proceed. However, before the court could rule on the merits of the case, Amgen Inc submitted a memo requesting the withdrawal of the appeal. Consequently, the Madras High Court dismissed the appeal as withdrawn.
Walgreen Co. v.The Registrar of Trademarks
Walgreen Co. filed a Civil Miscellaneous Appeal challenging the Registrar of Trademarks' refusal to register the mark 'Finest Nutrition' in Class 5. However, before the court could rule on the merits of the appeal, the appellant voluntarily submitted a memo requesting its withdrawal. Consequently, the Madras High Court dismissed the case as withdrawn without passing any order regarding costs.
M/s.United Spirits Limited v.Wipro Limited
The Madras High Court dismissed the Original Petition filed by M/s.United Spirits Limited against Wipro Limited. The petition sought to rectify the trademark register by cancelling the registration of 'ARAMUSK-BOLD' held by Wipro. However, the petitioner subsequently withdrew the case following a compromise reached in a connected suit, leading to the dismissal of this rectification petition without any order as to costs.
Multiplex Farming Rep By Mr. v.The Registrar Of Trade Marks
The Madras High Court addressed a Civil Miscellaneous Appeal filed by Multiplex Farming challenging an earlier rejection order regarding its trademark application for 'MULTIPLEX FARMING' in Class 44. However, the appellant chose to withdraw the appeal before the court could rule on the merits of the case. Consequently, the High Court dismissed the petition as withdrawn without making any substantive orders.
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