Plaintiff Favorable
440 plaintiff favorable decisions from Madras High Court.
Plaintiff Favorable Decisions
440 cases | Page 2 of 15
R.V.Vinoth Kumar v.M/s.Kallal Hospitalities Private Limited; The Registrar of Trademarks
The Madras High Court intervened in a trademark dispute concerning 'MANJAL RESTAURANT' by directing the Registrar of Trademarks to expedite proceedings. The petitioner, R.V.Vinoth Kumar, sought judicial intervention due to the prolonged delay in disposing of Opposition No.1350081 and Trade Mark Application No.5982440. The Court allowed the writ petition, mandating that the Registrar dispose of both matters within three months from the date of the order.
Mr.Sampath G.V. v.The Registrar of Trademarks
The Madras High Court ruled in favor of Mr. Sampath G.V., allowing him to renew his trademark 'THE VELLORE KITCHEN DEVICE' despite alleged failures in notification by the Registrar of Trademarks. The court held that since the mark had not been formally removed from the register, the petitioner was entitled to renewal subject to fees. Consequently, the Registrar was directed to facilitate the renewal process within 30 days.
M/s. Sreedevi Video Corporation v.M/s.TKP Pictures
The Madras High Court heard an appeal regarding the ownership and infringement of copyrights related to the film 'MALLU VETTY MINOR'. The court found that the petitioner, M/s. Sreedevi Video Corporation, was the absolute owner of the copyrights. Consequently, a permanent injunction was granted against Respondent No.1 (TKP Pictures) for infringing these rights.
M/s. Dr.J.R.K's Research and Pharmaceuticals Private Limited v.The Registrar of Trademarks
The Madras High Court ruled in favor of M/s. Dr.J.R.K's Research and Pharmaceuticals Private Limited, directing the Registrar of Trademarks to accept and process a renewal application for the mark 'NATURE'S WEALTH RESTORES HEALTH.' The court held that as long as the trade mark has not been formally removed from the register, the proprietor is entitled to seek renewal, setting aside the rejection order issued by the Registry. This decision provides crucial protection against administrative hurdles preventing legitimate trademark renewals.
M/S. Nichino Private Limited v.The Registrar of Trademarks
The Madras High Court overturned the Trademark Registry's refusal to register the word mark 'METAMORPH' in Class 5 (pesticides/herbicides). The court found that the Registrar erred by assuming prior long-term use of a cited mark, especially since that application was initially filed on a 'proposed to be used' basis. The judgment mandates the Registry to re-examine the case, considering the appellant's claims regarding non-similarity and potential entitlement under Section 12 of the Trademarks Act.
R.Dilip Kumar v.The Registrar of Trademarks, M/s. Sun Pharma Laboratories Limited
The Madras High Court allowed a writ petition filed by R.Dilip Kumar against the Registrar of Trademarks, quashing an order that deemed his trademark application 'PIRALEX' abandoned. The court emphasized that the statutory right of the applicant is at stake and ruled that service of opposition via email alone, without proof of receipt, does not satisfy the legal requirement for initiating the response period. Consequently, both the trademark application and the opposition were restored to the file, allowing the petitioner a fresh opportunity to respond on merits.
Vignesh Kumar Sivakumar v.The Assistant Registrar of Trademarks
The Madras High Court allowed the writ petition filed by Vignesh Kumar Sivakumar against the Assistant Registrar of Trademarks. The court quashed the order that deemed his word mark application 'LABAPEN' abandoned due to failure to respond to an opposition notice. Citing previous precedent, the court held that service via email alone is insufficient when the applicant cannot prove receipt, thereby protecting the substantive rights of trademark applicants. Consequently, both the application and the opposition were restored for fresh consideration.
Iconic Ip Interests Llc and The Hershey Company v.Dukes Consumer Care Limited and The Registrar of Trademarks
Iconic IP Interests LLC and The Hershey Company successfully petitioned the Madras High Court for the rectification of a trademark registration, specifically targeting the mark 'TWO MUCH'. The petitioners argued that the respondent's mark had not been used continuously for five years from its date of registration. Given the lack of evidence of use by Dukes Consumer Care Limited, the court allowed the petition and directed the Registrar to remove the impugned entry from the register.
M/s. SANGEETHA CATERERS AND CONSULTANTS LLP v.M/s. NELLAI SANGEETHAS Pure Veg Restaurant
The Madras High Court ruled in favor of the plaintiff, M/s. SANGEETHA CATERERS AND CONSULTANTS LLP, finding that the defendant's use of 'NELLAI SANGEETHAS Pure Veg Restaurant' constituted deceptive similarity and trademark infringement. The court held that the impugned mark was deceptively similar to the plaintiff's registered trademarks, especially since both parties operate in the identical restaurant business. Consequently, the suit was decreed with permanent injunctions against further misuse and an order for the destruction of all infringing materials.
AMST – SYSTEMTECHNIK GMBH v.Government of India
The petitioner challenged an order treating its Patent Application No.3022/CHENP/2011 as withdrawn due to failure to request examination within the stipulated period. The court considered the sequence of events, noting that the petitioner intended to prosecute the application and citing previous judgments where similar facts led to non-withdrawal.
National Engineering College v.All India Council for Technical Education
This case involved a dispute between National Engineering College and the All India Council for Technical Education (AICTE) regarding the college's right to use 'National' in its name. The petitioner challenged AICTE regulations that sought to prohibit such usage, particularly those applied retrospectively. The Madras High Court ultimately ruled in favor of the college, holding that the regulatory notification was invalid and could not be applied retroactively, thereby protecting the institution's established identity.
Kemin Industries, Inc. v.The Controller of Patents
Kemin Industries appealed an order rejecting its patent application concerning the use of Ferulic Acid Esterase (FAE) combined with four main chain degrading enzymes in monogastric animals. The appellant argued that the specific combination provided synergistic effects and was not obvious from prior art. The High Court allowed the appeal, setting aside the rejection and directing the patent application to proceed for grant.
M/s. Effra Life Science v.The Registrar of Trade Marks
The Madras High Court set aside the Registrar of Trade Marks' rejection of M/s. Effra Life Science's application for a device mark registration. The court found that despite both marks being in Class 35, the appellant's business (marketing pharmaceutical products) was fundamentally different from the cited prior mark's business (repair and installation of machinery). This distinction negated the likelihood of confusion, allowing the application to proceed to advertisement.
Emerson Process Management Power & Water Solutions, Inc. v.Assistant Controller of Patents and Designs
The petitioner appealed against an order rejecting its patent application (No. 2416/CHE/2009) for 'TWO-STAGE MODEL PREDICTIVE CONTROL TECHNIQUE'. The rejection was based on Section 3(k), classifying the claims as a mere computer programme per se. The High Court set aside the impugned order, finding that the patent office failed to discuss or record reasons for rejecting the appellant's contentions.
Tvs Motor Company Limited v.The Controller of Patents & Designs
TVS Motor Company appealed a rejection order issued by The Controller of Patents & Designs regarding its patent application for a Vehicle Monitoring System. The appellant argued that certain prior art documents did not qualify as prior art or failed to disclose the claimed invention's features, particularly data transmission capabilities when the vehicle is switched off. The High Court set aside the impugned order and remanded the matter for fresh consideration.
M/s.Sakthi Oil Mills v.The Registrar of Trademarks
The Madras High Court ruled in favor of M/s.Sakthi Oil Mills, directing The Registrar of Trademarks to permit the renewal of the trademark 'THENALEE.' Despite the mark having lapsed, the court relied on previous judgments stating that if a trademark is not removed from the register, the owner is entitled to seek renewal. However, the petitioner was put on strict terms, including paying costs and filing the application within 30 days, to prevent future negligence.
P.Pandian v.The Registrar of Trade Marks
The Madras High Court ruled in favor of P.Pandian, directing the Registrar of Trade Marks to allow the renewal of the trademark 'WAHEED.' The court held that because the Registrar failed to issue the mandatory notice regarding the impending expiry of the registration, the petitioner was entitled to seek renewal despite the lapse of time. This judgment reinforces the principle that administrative failure by the Registry can override strict procedural deadlines.
P.Pandian v.The Registrar of Trade Marks
The Madras High Court ruled in favor of P.Pandian, directing the Registrar of Trade Marks to allow the renewal of the trademark 'WAHEED.' The court held that because the Registrar failed to issue the mandatory notice regarding the impending expiry of the registration, the petitioner was entitled to seek renewal despite the lapse of time. This judgment reinforces the principle that administrative failure by the Registry can override strict procedural deadlines.
M/S.Sakthi Sai Safety Glass India & Sakthi Sai Glass Traders (Appellants) v.Compagnie De Saint-Gobain & Saint-Gobain India Private Limited (Respondents/Plaintiffs)
The Madras High Court dismissed appeals challenging an interim injunction granted to Saint-Gobain against Sakthi Sai Safety Glass India. The court found that the appellants, despite their contract with Saint-Gobain expiring, were infringing the 'Saint-Gobain' trademark by using it in connection with toughened glass products. Given the prima facie evidence of consumer confusion and dilution, the balance of convenience favored the trademark owner, upholding the injunction while allowing the main suit to proceed.
Abacus Montessori School v.Abacus International Montessori School; The Registrar of Trade Marks
The Madras High Court ruled in favor of Abacus Montessori School, a long-standing educational institution, by ordering the expungement of a conflicting trademark registration held by Abacus International Montessori School. The court found that despite geographical proximity and differences in scope (e.g., 'International'), the identical use of the mark 'ABACUS' for similar educational services created a likelihood of confusion. The judgment emphasized the importance of prior user rights and established goodwill over subsequent registrations.
M/s.Haldor Topsoe A/S v.Controller of Patents & Designs, Government of India
The petitioner challenged an order dated 09.03.2021 rejecting/abandoning their patent application (No. 297/CHE/2012). The petitioner argued that the rejection violated natural justice and was based on non-application of mind, as no proper second examination report was conducted. The Court found the order unsustainable due to violation of principles of natural justice and quashed it, remitting the matter for fresh consideration.
Thermo Electrics Madras Manufacturing v.P.R.Gopalakrishnan
Plaintiffs filed a civil suit seeking permanent injunction against the defendants for committing piracy through fraudulent imitation of four registered designs (No. 193288, 193289, 193290, 193291) related to Extraction and Heating Mantles. The plaintiffs alleged that the first defendant had access to their trade secrets and designs during his employment with the second plaintiff, leading to unauthorized imitation.
Saint Gobain Construction Products UK Ltd. v.Mr.Tallam Uma Shankar Gupta
The Madras High Court allowed a petition seeking rectification of the Trade Marks Register, directing the removal of the mark 'GYPLOCK' (No. 3536418). The petitioner, Saint Gobain Construction Products UK Ltd., successfully argued that its established trademark 'GYPROC' was similar to the impugned mark and used on identical goods—building materials. Despite arguments regarding common trade terms ('GYP'), the court found the overall similarity between 'GYPROC' and 'GYPLOCK' likely to cause confusion, thereby protecting the purity of the register.
Gilead Sciences Inc. v.Union of India
Gilead Sciences Inc. challenged a hearing notice and subsequent recommendation made by the Patent Office in a post-grant opposition application filed by Low Cost Standard Therapeutics. The petitioner argued that the process violated the Patents Act, 1970, specifically by denying them an opportunity to present evidence. The High Court quashed the impugned notice and the Board's earlier recommendations.
Mr. M. Anees Ahmed (M/s Ambur Star Briyani) v.Star Ambur Briyani
The Madras High Court ruled in favor of Mr. M. Anees Ahmed, granting a permanent injunction against the respondent for trademark infringement and passing off. The court found that the defendant's use of 'STAR AMBUR BRIYANI' was deceptively similar to the plaintiff's registered mark, 'AMBUR STAR BRIYANI,' which is associated with his restaurant business. While the claim for destruction of infringing stock was rejected due to lack of evidence, the suit was partly decreed.
Disys India Private Limited v.The Registrar of Trademarks
The Madras High Court set aside an earlier refusal by the Registrar of Trademarks to grant registration for the mark 'DISYS'. The appeal argued that the refusal, based solely on phonetic similarity to another mark ('DISYSO'), failed to consider evidence of the appellant's long-standing use and acquired distinctiveness. The court found the original order was a non-speaking order, necessitating a remand back to the Registrar for fresh consideration of the application on its merits.
Financiere Batteur Sas v.Kalai Arasu
Financiere Batteur Sas successfully petitioned the Madras High Court to cancel a registered trademark, 'Physiolac AR,' held by Kalai Arasu. The petitioner argued that the mark was adopted in bad faith and had suffered prolonged non-use, violating Section 47 of the Trade Marks Act. The court agreed, finding that the lack of genuine use for over five years demonstrated malafide intent to ride on the petitioner's established international reputation. Consequently, the trademark registration was ordered to be removed from the Register.
Shanmugavadivel v.The Registrar of Trade Marks
The Madras High Court allowed the appeal filed by Shanmugavadivel against an order passed by The Registrar of Trade Marks. The core issue was that the Registrar dismissed the appellant's review petition without providing a hearing, despite a scheduled date being fixed. Consequently, the court quashed the impugned order and remanded the matter back to the Registry for fresh consideration on merits after ensuring a fair opportunity to be heard.
Department of Atomic Energy v.Assistant Controller of Patents and Designs
The Department of Atomic Energy challenged an order from the Assistant Controller of Patents refusing to process its patent application No. 201921029932, citing a delay in submitting the power of attorney. The petitioner argued that they had substituted a fresh power of attorney which was accepted by the respondents. The High Court quashed the refusal order, finding it passed without proper consideration and violating natural justice.
Fashion Chemicals GmbH & Co.KG v.Registrar of Trade Marks
The Madras High Court allowed an appeal filed by Fashion Chemicals GmbH & Co.KG against the refusal of its trademark registration for 'REPELLAN'. The court found that the Assistant Registrar's original order was cryptic, non-speaking, and violated principles of natural justice because it failed to consider the appellant's detailed arguments regarding the difference in goods (textile vs. construction) between 'REPELLAN' and the cited mark 'REPELLIN'. Consequently, the impugned order was quashed, and the Registrar was directed to publish the trademark for public opposition.
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.