Plaintiff Favorable
440 plaintiff favorable decisions from Madras High Court.
Plaintiff Favorable Decisions
440 cases | Page 7 of 15
ABBVIE Inc. v.Deputy Controller of Patents & Designs
ABBVIE Inc. appealed the refusal by the Deputy Controller of Patents to grant a patent for two polymorphic forms (Forms A and B) of the compound RTA-408. The appellant argued that these forms exhibited superior stability and properties, and that Section 3(d) did not apply because RTA-408 was not considered a known substance in this context. The High Court partially allowed the appeal, directing the patent to proceed for grant on claims 1-6.
NEC Corporation v.The Assistant Controller of Patents and Designs, Government of India
NEC Corporation appealed the Assistant Controller's rejection of its Patent Application No.7830/CHENP/2014, which was based on the alleged violation of Section 7(2) of the Patents Act due to the date of declaration by an inventor. The court held that there is a distinction between the date of assignment and the date of declaration, finding the impugned order unsustainable.
Martinswerk GmbH v.The Controller of Patents and Designs, Government of India
Martinswerk GmbH appealed the rejection of its patent application (No. 201748011754) by The Controller of Patents and Designs. The appellant argued that the application qualified as a divisional application containing separate inventive concepts, while the respondent maintained it did not meet Section 16 requirements. The High Court set aside the impugned order due to lack of reasoning and remanded the matter for fresh consideration.
Contitech USA Inc v.The Registrar of Trade Marks
The Madras High Court allowed the appeal filed by Contitech USA Inc against the Registrar of Trade Marks' refusal to register the trademark 'TORQFLEX'. The court found that there was an arguable case suggesting the goods associated with TORQFLEX (power transmission belts) were not similar enough to the cited conflicting mark (TORSIFLEX, used for couplings). Citing Supreme Court precedents, the High Court held that protection is only granted if identical or similar marks are used on identical or similar goods, thereby directing the application to proceed for advertisement.
Corona Remedies Pvt. Ltd. v.Sujatha Manthri trading as Herald Healthcare
The Madras High Court allowed Corona Remedies' petition to rectify the Trade Marks Register, directing the removal of the mark 'B9' (No. 3281514) registered by Sujatha Manthri. The court found that the impugned mark was deceptively similar to the petitioner's established mark 'B29', especially considering both marks were used for pharmaceutical products. Given Corona Remedies' long history of use, significant sales turnover, and reputation, the court ruled in favor of removing the conflicting registration.
R.Nagarajan @ K.R.Nagarajan v.S.Ravichandran
The Madras High Court allowed a rectification petition filed by R.Nagarajan against S.Ravichandran concerning Trade Mark No. 3102490 (RAVIRAM'S). The decision was based on a joint memorandum of compromise where the defendant agreed to withdraw and cancel the registered trademark. Consequently, the court directed the Registrar of Trade Marks to remove the entry from the register within four weeks.
M/s.Indian Immunologicals Ltd. v.Ipca Laboratories Pvt. Ltd.
The Madras High Court set aside an earlier rejection order, allowing M/s. Indian Immunologicals Ltd. (the appellant) to register the trade mark 'INIMOX'. The dispute centered on whether 'INIMOX' was deceptively similar to the prior registered mark 'IMOX' held by Ipca Laboratories Pvt. Ltd. The Court found that despite the similarity, there was no likelihood of confusion because the marks were used in distinct channels—one for veterinary injections and the other for human capsules—and mandated that registration be conditional on its use only for animal health products.
Laser Shaving (India) Private Limited v.Carborundum Universal Ltd.
The Madras High Court allowed a rectification petition filed by Laser Shaving (India) Private Limited against Carborundum Universal Ltd. The court directed the Registrar of Trade Marks to cancel the registration for the mark 'LASER' in Class 3, citing the first respondent's admission that they were not using the impugned trade mark. This decision reinforces the principle that non-use can lead to the removal of a registered trademark.
Icahn School Of Medicine at Mount Sinai v.Assistant Controller of Patents and Designs, Government of India
The appellant challenged the rejection of its patent application (No.3414/CHENP/2008) for a chimeric NDV vaccine targeting two viruses, specifically Newcastle disease virus and influenza virus. The court reviewed the original rejection based on obviousness and allowed the application to proceed to grant after accepting the amended claims submitted by the appellant.
India International Technical Institute v.Terala Educational Society
The Madras High Court disposed of an Original Petition filed by India International Technical Institute seeking the cancellation of a registered trademark, 'SANSKRITI,' held by Terala Educational Society. The court noted that the mark's last registration was valid only up to March 23, 2020, and its renewal had long expired. Consequently, the Court directed the Registrar of Trade Marks to cancel the certificate and remove the entry from the Register within one month.
Kuraray Co. Ltd v.The Assistant Controller of Patents & Designs, The Patent Office
Kuraray Co. Ltd appealed the rejection of its patent application concerning a process involving PVA film for plant cultivation. The rejection was based on lack of inventive step. The High Court set aside the impugned order, finding that the specific properties (birefringence and swelling degree) of the PVA film provided unexpected excellent results.
GOTO Technologies USA, Inc. v.Sanikommu Venkata Ramalinga Reddy
The Madras High Court ruled in favor of GOTO Technologies USA, Inc., allowing petitions to cancel several trademark registrations held by Sanikommu Venkata Ramalinga Reddy. The court found that the respondent had adopted the prominent 'GOTO' part of the petitioner’s established mark without justification. By demonstrating its long history and market presence, the petitioner successfully countered arguments regarding delay or lack of prior registration.
SELFDOT TECHNOLOGIES (OPC) PVT. LTD. v.Controller General of Patents, Designs & Trade Marks
The appeal challenged an order rejecting a patent application (No. 201843023004) on the ground that the applicant contravened Section 39 of the Patents Act, leading to deemed abandonment under Section 40. The appellant argued that since the parent invention was first filed in India and the breach was technical, not substantive, the rejection should be overturned.
Anjay Bansal v.Assistant Registrar of Trade Marks
The Madras High Court overturned the rejection of a device mark registration applied for by Anjay Bansal. The initial refusal was based on the mark being non-distinctive or merely descriptive. However, the court found that the appellant successfully demonstrated long-standing use since 2005 through submitted invoices and annual reports. Citing the proviso to Section 9(1) of the Trade Marks Act, the High Court ruled that the mark had acquired distinctiveness through use, allowing it to proceed to advertisement.
Legrand France and Novateur Electrical and Digital Systems Pvt Ltd v.Praveen Kumar Jain (Trading as Biocon Tapes India) and The Registrar of Trademarks
The Madras High Court allowed a petition seeking rectification of the trade mark register, successfully canceling an identical registration of 'LEGRAND' held by Praveen Kumar Jain. The court found that the petitioner, Legrand France, had prior and extensive use of the arbitrary mark since 1970 in India, while the respondent's goods (adhesive tapes) were complementary to the petitioner's electrical products (switches). Given the identical nature of the marks and the likelihood of public confusion due to overlapping distribution channels, the court ruled that the later registration was made without sufficient cause.
M/s.Blue Heaven Cosmetics Pvt. Ltd v.BHCosmetics LLC
The Madras High Court ruled in favor of M/s. Blue Heaven Cosmetics Pvt. Ltd, granting a petition for rectification of the Trade Marks Register. The court found that the first respondent's subsequent trade mark registration was deceptively similar to the petitioner's prior and established use of 'Blue Heaven.' Given that both marks are used in relation to cosmetics and related products, the court directed the Registrar of Trade Marks to cancel and remove the impugned registration (No. 4200085) from the register.
Lupin Limited v.Tablets (India) Limited
The Madras High Court set aside an earlier rejection order in favor of Lupin Limited, allowing its appeal against the registration of the mark 'CEFTRIL'. The court found that the Registrar's conclusion—that Lupin did not use its prior mark 'CEFF'—was erroneous and contradicted the evidence presented. Furthermore, given the 1st respondent's willingness to seek cancellation, the High Court directed the removal of the disputed trade mark from the register.
Compagnie De Saint-Gobain v.Sakthi Sai Safety Glass India
Compagnie De Saint-Gobain filed applications alleging that Sakthi Sai Safety Glass India was continuing to use the protected Trade Mark 'SAINT-GOBAIN' for selling toughened glasses after their contract had been terminated. The respondents raised defenses regarding lack of compliance with mediation, contractual relationship, and arbitration clauses.
Cabot Corporation v.The Registrar of Trade Marks
Cabot Corporation successfully challenged the refusal of its word mark 'PROPEL' by The Registrar of Trade Marks. The High Court overturned the rejection based on two cited marks. For the first mark, the court noted that the proprietor had subsequently consented to registration despite differences in goods. For the second composite mark, the court clarified that protection only extends to the entire composite device and not its individual elements unless separately registered. This ruling paves the way for 'PROPEL' to proceed toward trademark registration.
M/s. Godfrey Phillips India Limited v.Khoday India Limited
The Madras High Court set aside a previous rejection order, allowing M/s. Godfrey Phillips India Limited to successfully challenge the registration of 'Khoday's Red & White'. The court found that the appellant possessed a well-known trademark used since 1940 for cigarettes, and crucially noted the prolonged non-use of the mark by Khoday India Limited from its application date in 1995. This decision reinforces the importance of continuous use and reputation when challenging subsequent registrations.
The Board of Trustees of the Leland Stanford Junior University v.Assistant Controller of Patents and Designs
The appellants challenged the rejection of their patent application (No. 9445/CHENP/2013) by the Controller, which cited objections regarding insufficient disclosure and lack of clarity in the claims. The High Court held that the impugned order lacked the necessary specificity to enable the applicant to address the objections effectively.
Sheeja Menon trading as M's Shwethas Hygeine Products v.M/s. Novel Tissues Pvt Ltd
The Madras High Court allowed the petition seeking rectification of a trademark registration, finding that the first respondent fraudulently registered an identical device mark (No. 2298691) in Class 16. The petitioner successfully demonstrated prior use and ownership rights over the mark for cosmetic wet wipes since 2011. Consequently, the Court directed the Registrar of Trade Marks to cancel the impugned registration, preventing confusion in the market.
CRYTEK GmbH v.Hameed Firnas
The Madras High Court allowed a petition filed by CRYTEK GmbH, a German company specializing in computer games, seeking rectification of the Trade Marks Register. The court found that the impugned mark registered to Hameed Firnas was deceptively similar to CRYTEK's earlier trademark and was likely to cause public confusion. Crucially, the respondent failed to provide any evidence of use for their mark despite being given an opportunity, leading the court to direct its cancellation.
Ttk Prestige Ltd. v.Nirlon Kitchenware Private Ltd.
Ttk Prestige Ltd. filed a suit against Nirlon Kitchenware Private Ltd. alleging infringement of its registered designs for pressure cookers and passing off due to the defendant's use of identical shapes, configurations, and phonetically similar marks like 'Svachh'. The court found in favor of the plaintiff.
Hatsun Agro Product Ltd. v.K. Sarinivas Reddy
The Madras High Court ruled in favor of Hatsun Agro Product Ltd. against K. Sarinivas Reddy for trademark infringement and passing off. The court found that the defendant's use of 'SRI AROGYA,' coupled with a deceptively similar color scheme, get-up, and packaging design, infringed upon the plaintiff's registered mark 'AROKYA.' Consequently, the court granted a permanent injunction to stop the unauthorized use and directed the defendant to pay costs.
Lombard Brands Ltd. v.United Spirits Limited
The Madras High Court allowed a rectification petition filed by Lombard Brands Ltd against United Spirits Limited regarding the trade mark 'STORM'. The court found that the registration for STORM in Class 33 was liable to be cancelled because the first respondent failed to demonstrate continuous use of the mark for at least five years, as required under Section 47 of the Trade Marks Act. Consequently, the Registrar was directed to remove the impugned trade mark from the register.
Shyam Enterprises Private Limited v.Hotel Amaravati
The Madras High Court partially decreed a suit filed by Shyam Enterprises Private Limited against Hotel Amaravati concerning trademark infringement and passing off. The court found that the plaintiff had successfully proven its claim regarding the use of the registered trademark AMARAVATHI in the hotel and hospitality sector. Consequently, the defendant was granted permanent injunctions restraining them from using the mark or suggesting a connection to the plaintiff's services. However, since the plaintiff did not press for claims related to damages or accounting of profits, those specific reliefs were dismissed.
Huawei Technologies Co., Ltd. v.The Controller General of Patents & Designs
Huawei appealed an order rejecting its patent application (IN 4561) for a radio communication system. The appeal argued that the Patent Office failed to consider detailed arguments against obviousness and rejected amendments without proper justification. The High Court found the impugned order unsustainable due to lack of reasoned consideration and set it aside, remanding the matter.
JK Medical Systems Pvt. Ltd. v.Union of India
This common order addressed multiple writ petitions challenging rejection orders passed by Senior Examiners concerning various Trade Mark applications. The court observed that while the Act allows for appointment of officers, there is a widespread practice of issuing unreasoned or 'copy and paste' decisions. Consequently, the Registrar of Trade Marks was directed to take immediate remedial measures to ensure compliance with statutory requirements for providing reasoned orders.
The Chinese University Of Hong Kong Knowledge Transfer Office v.The Assistant Controller of Patents & Designs, The Patent Office
The Chinese University of Hong Kong appealed the rejection of its patent application (IN 4812/CHENP/2012), which was rejected on the grounds that the claimed invention—a process for fetal genomic analysis from maternal samples—was an unpatentable diagnostic method under Section 3(i) of the Patents Act, 1970. The High Court allowed the appeal, holding that determining foetal fraction is related to diagnosis but is not 'diagnostic' in the statutory sense, allowing the patent application to proceed to grant.
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