Settled Decisions
145 cases | Page 2 of 5
Bennet, Coleman & Company Limited v.Arvind Fashions Limited
The Madras High Court dismissed two rectification petitions filed by Bennet, Coleman & Company Limited against the trademark registration of 'NNNOW'. The dispute centered on removing specific descriptions of services from the impugned registration. Crucially, both parties reached a Joint Compromise Memo before the court. Consequently, the petitions were withdrawn, marking an amicable resolution to the intellectual property conflict.
M/s.Babu Ram Om Prakash v.A.Manickavel
The Madras High Court disposed of an Original Petition concerning the rectification of Trade Mark No. 502558 after both parties entered into a Joint Memorandum of Compromise. The petition, which had been transferred from the Intellectual Property Appellate Board, was settled amicably between M/s. Babu Ram Om Prakash and A. Manickavel. This resolution allows the matter to be closed without further judicial intervention.
Marico Limited v.Bayer AG
The Madras High Court disposed of the trademark cancellation petition filed by Marico Limited against Bayer AG. The court noted that despite delays in execution due to one signatory being in Germany, the parties had reached a full settlement regarding the trademark No. 1296206. Consequently, the original petition was closed, and both parties were directed to file a formal memo of settlement with the Registry.
M/s.R.K.Gnapathi Chettiar v.G.Saravanan
The Madras High Court closed an Original Petition seeking rectification of a trademark registration after both parties entered into a joint compromise memo. The petitioner, M/s.R.K.Gnapathi Chettiar, successfully secured commitments from G.Saravanan to cease using the disputed mark and take steps within 30 days to cancel Registration No. 3814752 in Class 29. This settlement provides a definitive resolution to the trademark dispute.
Soremartec S.A v.M/s.Cavinkare Private Limited
The Madras High Court closed rectification petitions filed by Soremartec S.A against M/s.Cavinkare Private Limited after both parties executed a comprehensive Memorandum of Compromise. The settlement allows Cavinkare to continue using the disputed marks ('MOMENTS') but strictly limits their application to specific, non-conflicting goods (e.g., coffee and tea). Crucially, Cavinkare agrees not to use these marks for confectionery or chocolate products, thereby protecting Soremartec's superior rights in 'FERRERO MOMENTS'.
Ashok Leyland Limited v.The Controller of Patents & Designs
Ashok Leyland Limited appealed against an order dismissing its writ petition, which challenged the post-grant opposition proceedings against its patent IN387429. The dispute centered on whether the original Opposition Board had adequately considered expert evidence before submitting its recommendation to revoke the patent.
M/s. Kaleesuwari Refinery Private Ltd. v.M/s.Ganesh Oil Mills
M/s. Kaleesuwari Refinery Private Ltd filed a suit against M/s. Ganesh Oil Mills alleging trademark infringement, passing off, and copyright violation related to the edible oil market. The plaintiff claimed that the defendant was using the deceptively similar mark 'SATHYAM GOLD' on products mimicking the plaintiff's registered brand 'Gold Winner'. Both parties ultimately agreed to settle the dispute through a Joint Memorandum of Compromise, leading the court to decree the suit.
M/s. Kaleesuwari Refinery Private Ltd. v.M/s.Ganesh Oil Mills
M/s. Kaleesuwari Refinery Private Ltd filed a suit against M/s. Ganesh Oil Mills alleging infringement of its registered Trade Mark 'Gold Winner' and copyright violation related to the packaging of edible oil. The plaintiff sought permanent injunctions, directions for destruction of infringing materials, and an accounting of profits. Ultimately, both parties reached a mutual agreement and settled the dispute through a Joint Memorandum of Compromise (JMC).
Waycool Food Products Private Limited v.Cheedalla Gopinath, Aditya Rice Enterprises, Sree KVR Industries
Waycool Food Products Private Limited filed a civil suit against several defendants alleging passing off, copyright infringement, and misuse of its distinctive trade dress and logo in the packed rice market. The plaintiff sought permanent injunctions and damages for the alleged violations. Ultimately, both parties reached a Memorandum of Compromise on February 17, 2024, leading to the court decreeing the suit while noting that the plaintiff had waived the claim for monetary damages.
Apex Laboratories Pvt. Ltd. v.Zenon Healthcare Limited
Apex Laboratories Pvt. Ltd. filed a civil suit against Zenon Healthcare Limited and Krishnam Bio-Tech alleging trademark and copyright infringement related to its product ZINCOVIT. The plaintiff sought permanent injunctions against the use of deceptively similar marks like ZINOZVIT, as well as relief for passing off and unauthorized reproduction of artistic works. Both parties ultimately resolved their dispute amicably through a Joint Memorandum of Compromise.
M/S. Apex Laboratories Pvt. Ltd. v.M/S. Elder Projects Limited
Apex Laboratories Pvt. Ltd filed a suit against Elder Projects Limited alleging trademark and copyright infringement concerning the use of deceptively similar marks like ZINCODER for pharmaceutical products. The plaintiff sought permanent injunctions, destruction of infringing materials, and damages. However, the parties successfully reached an amicable resolution through mediation.
Kuber Tobacco Products Pvt. Ltd. v.Sangeeta Jaiswal
The Madras High Court closed two Original Petitions filed by Kuber Tobacco Products Pvt. Ltd against Sangeeta Jaiswal regarding the rectification/cancellation of registered trademarks (Nos. 3207838 and 3207840). The parties reached an amicable settlement, leading to the petitioner's agreement that the respondent would proceed with separate applications to cancel the marks. The Court directed the Registrar of Trademarks to expedite the cancellation process.
M/s. Ramcides CropScience Pvt. Ltd. v.Kingdao Agrochem (India) Private Limited
The plaintiff filed a suit alleging infringement of its patent (No. 299036) concerning 'ZINC HEDP -17%' by the defendant's product, 'Legion Zinc: Zn HEDP 17.0%'. The dispute was settled when the defendant submitted an Undertaking Affidavit agreeing to cease all infringing activities and pay compensation.
Lifestyle International Pvt. Ltd. v.Richworld Industries Pvt. Ltd.
Lifestyle International Pvt. Ltd. successfully pursued a trademark infringement case against Richworld Industries Pvt. Ltd., alleging deceptive similarity with its registered mark 'EASYBUY'. Although the initial prayer sought extensive injunctions, damages, and accounting of profits, both parties ultimately reached a settlement via a Memorandum of Compromise. The court decreed the suit based on this agreement, specifically directing the defendant to transfer the disputed domain name www.eazybuy.com to the plaintiff within two weeks.
Til Healthcare Private Limited v.M/s.Antop Pharma India Limited
Til Healthcare Private Limited filed a suit against M/s.Antop Pharma India Limited and others, alleging multiple infringements related to the brand 'APETAMIN'. The claims included trademark infringement, passing off, trade dress misuse, and copyright violation concerning its product label. Although the initial prayer sought permanent injunctions and damages, the parties ultimately reached an out-of-court settlement.
Veekesy Rubber Industries Pvt. Ltd. v.Mahmud Trading as VKD Industries
The Madras High Court dismissed a petition filed by Veekesy Rubber Industries seeking the removal of the trade mark 'PPL Light' from the register. The case was resolved because the respondent, Mahmud Trading as VKD Industries, provided an affidavit undertaking not to use the impugned mark and committed to filing an application for its cancellation with the Registrar of Trade Marks. Consequently, the court found it unnecessary to adjudicate the petition on its merits.
M/s.K.P. Namboodiri'S Ayurvedics v.Dr. S. Sajikumar
The Madras High Court disposed of the petition filed by M/s.K.P. Namboodiri'S Ayurvedics against Dr. S. Sajikumar regarding the cancellation of a registered trademark (No. 1914715). The court noted that the contesting parties had entered into a Memorandum of Compromise dated October 31, 2023. Under this settlement, both parties agreed to permit each other's trademarks to coexist in the market and subsequently withdrew all related proceedings.
Bharat Vastralaya v.Karishma Silks & Sarees
The Madras High Court disposed of a Trade Marks Appeal between Bharat Vastralaya and Karishma Silks & Sarees based on a settlement reached between the parties. The consent terms mandate that while the Respondent can continue using 'KARISHMA' for one specific outlet in Bangalore, they must withdraw their existing trademark registration (No. 572267) in Class 24. This resolution provides a clear path forward for both parties to manage their respective rights and prevent further litigation.
M/s.Ghanshyam Perfumery And Co. v.S.Shri Kasim Ramaiah
This Madras High Court case involved a Trade Marks Appeal challenging the rejection of an opposition against Trademark Application No. 582422. The parties, M/s. Ghanshyam Perfumery And Co. and S.Shri Kasim Ramaiah (trading as M/s. Shanker Perfumery Works), reached a comprehensive settlement agreement. Under the terms, they agreed to exclusive rights for 'SONA CHANDI' and other 'SONA formative trademarks,' respectively, while also agreeing not to use deceptively similar labels. The court disposed of the appeal based on these mutual consent terms.
Dhanavilas Madras Snuff Company v.S.Kumaradhas Snuff Company
This case involved Dhanavilas Madras Snuff Company suing S.Kumaradhas Snuff Company for trademark and copyright infringement, along with passing off, concerning their snuff products. The plaintiff sought permanent injunctions against the use of similar marks and designs, as well as recovery of profits. Ultimately, both parties reached a settlement agreement on August 7, 2023, which was subsequently formalized by the Madras High Court.
Indoco Remedies Limited v.M/S.Micro Labs Ltd.
The Madras High Court disposed of a dispute between Indoco Remedies Limited and M/S.Micro Labs Ltd regarding the trade mark 'CITALIFT'. The parties reached an agreement, leading the court to mandate the cancellation of the disputed registration (No. 1005556). Micro Labs agreed to change its mark to 'MICROLIFT' while being granted a six-month grace period to liquidate existing inventory bearing the old mark.
A.D.Padmasingh Isaac (Trading as Aachi Spices and Foods) v.V.Senthil Kumar & The Registrar of Trademarks
This Madras High Court judgment addressed a complex dispute involving trade mark infringement and rectification petitions between Aachi Spices and Foods and V.Senthil Kumar. The parties ultimately reached a comprehensive settlement, formalized through a Memorandum of Compromise dated August 31, 2023. Consequently, the court decreed the civil suit by granting a permanent injunction against the defendant's use of similar marks, while simultaneously directing the Registrar of Trademarks to cancel and rectify the disputed registrations held by the respondent.
Brundaban Sahu v.The Registrar of Trademarks and Suneel Mahanty
The Madras High Court addressed the petition filed by Brundaban Sahu against The Registrar of Trademarks concerning trademark registration no. 1550492. Although the petitioner sought rectification and removal of the entry, counsel informed the court that a settlement had been reached between all parties involved. Consequently, the court dismissed the Original Petition as withdrawn without passing any order regarding costs.
M/s.Jaya Balaji Tex v.Senniappan Kuppusamy; The Registrar of Trademarks
The Madras High Court dismissed two Original Petitions filed under Section 57 of the Trade Marks Act, 1999. The petitions sought the removal of specific registered trademarks (No. 1607835 and No. 1464323) from the Register of Trademarks in Class 25. However, both parties reached an amicable resolution regarding the disputes, leading the petitioner to withdraw the cases before the court.
B.M.Dhananjaya.S v.M/s.Billionsmiles Hospitality Pvt. Ltd.
The Madras High Court dismissed Original Petition (Trademarks) No. 26 of 2023 after the petitioner, B.M.Dhananjaya.S, filed a request to withdraw the case. The original petition sought the expungement and removal of an entry related to the registered trademark 1485593 from the Trademark Registry. The withdrawal was based on a settlement reached between the contesting parties, concluding the dispute without a formal judicial ruling on the merits.
Pioneer Bakeries (P) Ltd. v.New Hope Food Industries Pvt. Ltd.
The Madras High Court disposed of multiple Original Petitions filed by Pioneer Bakeries (P) Ltd seeking cancellation of several trademarks. The court noted that both parties had reached a comprehensive Settlement Agreement dated March 26, 2018. This agreement defined specific usage rights for the 'MILKA' mark in Class 30, ensuring mutual non-infringement across various product categories. Consequently, the petitions were disposed of based on this existing compromise, avoiding a full judicial hearing.
M/s.Kaleesuwari Refinery Pvt. Ltd. v.M/s.Ennar Enterprises
M/s.Kaleesuwari Refinery Pvt. Ltd filed a suit against M/s.Ennar Enterprises alleging multiple infringements, including the unauthorized use of a deceptively similar trademark ('GOLD PRIME') and passing off their edible oil product. The plaintiff sought permanent injunctions protecting their registered trade mark 'Gold Winner' and associated copyright in packaging design. Ultimately, both parties reached an amicable resolution and settled the dispute.
Mr.Pawan Kumar Santhaliaa Trading as M/s.Sri Shyam Store and M/s.Techno Sportswear Private Limited v.G.Kannan Trading as D.S.K.Garments
This case involved a suit filed by Mr. Pawan Kumar Santhaliaa (trading as M/s.Sri Shyam Store) and M/s.Techno Sportswear Private Limited against G.Kannan (D.S.K.Garments) and Hitlar Fashions. The plaintiffs sought permanent injunctions for trademark infringement, passing off, and copyright violation concerning the 'TECHNO' brand used on garments. Ultimately, a compromise was reached between the plaintiffs and the first defendant, leading to the suit being decreed based on the terms of the Joint Compromise Memo.
Mr.Pawan Kumar Santhaliaa (Trading as M/s.Sri Shyam Store) and M/s.Techno Sportswear Private Limited v.G.Kannan (Trading as D.S.K.Garments)
This case involved a suit filed by Mr.Pawan Kumar Santhaliaa and M/s.Techno Sportswear Private Limited against G.Kannan and Hitlar Fashions for alleged infringement of their trademark 'TECHNO' and copyright in artistic works used on garments. The plaintiffs sought permanent injunctions, damages, and accounts of profits. Ultimately, a compromise was reached between the plaintiffs and the first defendant, leading to the suit being decreed based on the terms of the Joint Compromise Memo.
M/s. Medopharm / Medopharm Private Limited v.Leeford Healthcare Limited
The Madras High Court addressed a trademark infringement suit filed by Medopharm against Leeford Healthcare Limited regarding the use of 'EMICOF' versus the registered mark 'EMCOF'. The plaintiffs sought permanent injunctions and damages for alleged passing off and dilution. Ultimately, both parties reached an amicable resolution, which was formalized in a Memorandum of Compromise dated June 21, 2023. The court subsequently decreed the civil suit based on the terms of this compromise.
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