Settled Decisions
160 cases | Page 3 of 6
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.
M/s.Swagath Motels Private Limited v.M/s.Hotel Swagath; Registrar of Trademarks
M/s.Swagath Motels Private Limited filed an Original Petition seeking the cancellation of the trademark 'Hotel Swagath' registered in M/s.Hotel Swagath, citing concerns over register purity. However, on August 8, 2023, the Madras High Court noted that the dispute between the contesting private parties had been resolved amicably. Consequently, the court closed (T)OP(TM) No.486 of 2023 without passing any formal order regarding costs.
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 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.
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.
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.
M/S.Mohamed Aboobacker Chank Lungi Ltd. v.M/s.Indianpasand Inc.
M/S.Mohamed Aboobacker Chank Lungi Ltd filed a civil suit against several defendants, including M/s.Indianpasand Inc., alleging trademark infringement, copyright violation, and passing off concerning its 'SANGU' brand. The plaintiff sought permanent injunctions and damages against the use of deceptively similar marks like 'SHIPPY.' Ultimately, the court decreed the suit in terms of a Memorandum of Settlement reached between the plaintiff and the 3rd defendant.
M/s.Mohamed Aboobacker Chank Lungi Ltd. v.M/s.Indianpasand Inc.
M/s. Mohamed Aboobacker Chank Lungi Ltd filed a civil suit against several defendants, including M/s. Indianpasand Inc., alleging infringement of its registered trademarks (SANGU) and copyright in its artistic label design. The plaintiff sought permanent injunctions, damages, and surrender of infringing goods. Ultimately, the court decreed the suit based on a Memorandum of Settlement reached between the plaintiff and the 3rd defendant.
Also at v.Morepen Laboratories Ltd.
The plaintiff filed a civil suit seeking permanent injunction and delivery up of stocks against Morepen Laboratories Ltd. for alleged infringement of three registered patents related to SAROGLITAZAR free acid and its magnesium salt. The dispute was subsequently settled out of court through a Joint Compromise Memo, which the Court recorded.
M/S.Resq Technologies Private Limited v.Rajdeep Energies Private Limited
The Madras High Court dismissed the Original Petition filed by M/S.Resq Technologies Private Limited against Rajdeep Energies Private Limited and the Registrar of Trademarks. The petition, which sought the removal or rectification of the trade mark 'RESQ' (Device Mark) registered under Trade Mark Registration No. 1779942 in Class 09, was withdrawn by the petitioner. This dismissal followed a settlement reached between the parties involved.
Vedant Fashions Private Limited v.Rajul Devi Trading As Manyavar
The Madras High Court addressed petitions filed by Vedant Fashions Private Limited seeking the rectification of registered trademarks held by Rajul Devi Trading As Manyavar. The court noted that the dispute between the parties had been resolved through an out-of-court settlement agreement dated April 1, 2019. Consequently, both petitions were closed without any formal order regarding costs.
Hyundai Motor India Limited v.Varna Homes Pvt. Ltd.
In a case concerning trademark disputes, Hyundai Motor India Limited sought the removal and rectification of Varna Homes Pvt. Ltd.'s trademarks from the register. The Madras High Court noted that the parties had reached a comprehensive settlement agreement. Consequently, the court dismissed the petition as withdrawn, directing the Registrar of Trade Marks to implement specific amendments to the service descriptions in both trademarks within four weeks.
Radhakrishna Adiga v.M/s.Vasudeva Adigas Fast Foods Pvt Ltd
The Madras High Court dismissed a series of petitions filed by Radhakrishna Adiga against M/s. Vasudeva Adigas Fast Foods Pvt Ltd and the Registrar of Trademarks. The original petitions sought the removal or rectification of several trademarks registered under the name 'Vasudeva Adigas Fast Food Pvt Ltd.' However, the court noted that the petitioner had been instructed to withdraw all cases due to a settlement reached between the contesting parties.
Rajesh Kumar Naredi Trading as Visesh Appliances v.Rallifan Limited
The Madras High Court dismissed the petition filed by Rajesh Kumar Naredi against Rallifan Limited concerning the rectification of Trademark No. 306508 in Class 11. The dismissal occurred because both parties had reached a settlement agreement, which was formally recorded by the court. This outcome highlights how out-of-court settlements can resolve complex intellectual property disputes efficiently.
Rajesh Kumar Naredi Trading as Visesh Appliances v.Rallifan Limited
The Madras High Court dismissed the petition filed by Rajesh Kumar Naredi against Rallifan Limited concerning the rectification of Trademark No. 306508 in Class 11. The dismissal occurred because both parties had reached a settlement agreement, which was formally recorded by the court. This outcome highlights how out-of-court settlements can resolve complex intellectual property disputes efficiently.
Rallifan Ltd. v.Registrar of Trademarks
Rallifan Ltd. filed a petition seeking the removal or rectification of a trademark registration (No. 1213190) from the register. However, before the court could rule on the merits of the case, the petitioner filed a memo stating that the parties had reached an out-of-court settlement. Consequently, the Madras High Court dismissed the petition as withdrawn.
Old Madras Baking Company Pvt Ltd v.M/s.Suryachandra Enterprises
The Madras High Court decreed a civil suit filed by Old Madras Baking Company Pvt Ltd against M/s.Suryachandra Enterprises concerning trademark infringement, copyright violation, and passing off. The dispute involved the use of the 'OLD MADRAS BAKING COMPANY' mark across various classes and digital platforms. Crucially, the court accepted a Memo of Compromise and Trademark Assignment Deed signed by both parties, leading to the suit being settled and decreed without costs.
Dhanavilas Madras Snuff Company v.Murugavilas Tirupur Snuff Co.
Dhanavilas Madras Snuff Company filed a civil suit against Murugavilas Tirupur Snuff Co., alleging trademark and copyright infringement concerning their respective snuff products. The plaintiff sought permanent injunctions, damages, and surrender of infringing materials based on the similarity of marks and artistic designs used on packaging. Ultimately, both parties reached an out-of-court settlement.
Dhanavilas Madras Snuff Company v.Murugavilas Tirupur Snuff Co.
Dhanavilas Madras Snuff Company filed a civil suit against Murugavilas Tirupur Snuff Co., alleging trademark and copyright infringement concerning their respective snuff products. The plaintiff sought permanent injunctions, damages, and surrender of infringing materials based on the similarity of marks and artistic designs. Ultimately, both parties reached an amicable resolution and entered into a Memorandum of Compromise.
Cavinkare Pvt. Limited-Trends Division v.P & P Associates
Cavinkare Pvt. Limited-Trends Division filed a civil suit against P & P Associates alleging multiple infringements, including unauthorized use of the registered trademark 'GREEN TRENDS' and copyright infringement related to product artistic works. The plaintiff sought permanent injunctions and damages for passing off. Ultimately, both parties reached an amicable settlement, which was formalized through a Memorandum of Compromise (MOC).
M/s.Kaleeswari Refinery Private Limited v.M/s.Sri Dhanalakshmi Traders
M/s.Kaleeswari Refinery Private Limited filed a suit against M/s.Sri Dhanalakshmi Traders alleging infringement of its registered trademark 'Gold Winner' and copyright in the associated artistic work and trade dress used on edible oil packaging. The plaintiff sought permanent injunctions to restrain the defendant from using the deceptively similar mark 'Niju Gold' and passing off inferior products. Both parties subsequently reached a settlement, leading the Madras High Court to dispose of the captioned suit based on the terms of the Joint Compromise Memo.
M/s.Kaleeswari Refinery Private Limited v.M/s.Sri Dhanalakshmi Traders
This case involved a civil suit filed by M/s.Kaleeswari Refinery Private Limited against M/s.Sri Dhanalakshmi Traders, alleging infringement of their registered trademark 'Gold Winner' and violation of copyright through the use of the deceptively similar mark 'Niju Gold' on edible oil packaging. The plaintiff sought permanent injunctions and an accounting of profits. However, both parties reached a mutual settlement agreement.
Agsar Match Industries v.Sundarapandian Trading as Gerizim Chemicals
Agsar Match Industries filed a suit against Sundarapandian Trading as Gerizim Chemicals alleging both trademark and copyright infringement, along with passing off. The dispute was resolved through a memorandum of compromise executed by both parties on August 23, 2022. Consequently, the Madras High Court decreed the case based on the terms of this settlement, allowing the defendant to use a specified label.
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