Settled Decisions
145 cases | Page 5 of 5
M/s.Apex Laboratories Pvt. Ltd. v.Bafna Biotech
M/s.Apex Laboratories Pvt. Ltd filed a civil suit against Bafna Biotech alleging trademark infringement, passing off, and copyright violation related to the 'ZINCOVIT' brand. The plaintiff sought permanent injunctions and damages due to the defendant using deceptively similar marks like ZINCOVITA on pharmaceutical products. Both parties ultimately reached a compromise, leading the Madras High Court to decree the suit based on the terms of the Memorandum of Compromise.
M/s.Bombay Pen Depot v.M/s.Linc Pens And Plastics Ltd
The Madras High Court disposed of the trademark infringement suit between M/s. Bombay Pen Depot and M/s. Linc Pens And Plastics Ltd by accepting a Memorandum of Compromise (MOC). Under the terms, the Plaintiff assigned its registered trademarks (PENTONIC) to the First Defendant for a consideration of INR 15 lakhs. In exchange, the Plaintiff agreed to withdraw oppositions against the defendant's trademark applications and cease using the mark after a specified date.
Mr.Babu Xavier v.M/s.Feather Touch Entertainments
Mr. Babu Xavier filed a civil suit against M/s. Feather Touch Entertainments and others seeking financial compensation and permanent injunction regarding the film 'VAA DEAL Tamil'. The court first established its jurisdiction under the Commercial Courts Act, 2015, as the dispute involved intellectual property rights (copyright) related to the cinematograph film. Subsequently, both parties submitted a Joint Memorandum of Compromise, leading the court to pass a summary judgment based on the settlement terms.
M/s.Kaleeswari Refinery Pvt.Ltd. v.M/s.Kasthuri Traders
M/s.Kaleeswari Refinery Pvt.Ltd filed a suit against M/s.Kasthuri Traders alleging infringement of its registered trademarks ('Gold Winner') and copyrights related to packaging for sunflower oil. The plaintiff sought permanent injunctions, damages, and accounting of profits due to the defendant's use of the deceptively similar mark 'Kasthuri Gold'. Both parties ultimately reached an amicable settlement.
Bharathi Consumer Care Products Pvt. Ltd v.Ganesh Industries
Bharathi Consumer Care Products Pvt. Ltd filed a civil suit against Ganesh Industries alleging multiple infringements, including the unauthorized use of a deceptively similar trademark (MAXX), copyright violation in packaging art, and passing off related to detergent products. The plaintiff sought permanent injunctions and damages for these illegal activities. Both parties subsequently reached an amicable settlement, which was formalized through a Memorandum of Compromise.
B.Vivekananthan v.B.Anandan Trading as Anand's MOONRAKERS RESTAURANT & B.Anandan Trading as Anand's Moonrakers
This Madras High Court case involved a trademark infringement suit filed by B.Vivekananthan against B.Anandan regarding the use of the 'MOONRAKERS' mark in restaurant and hospitality services. The plaintiff sought permanent injunctions for both trademark infringement and passing off, along with delivery up of infringing materials. Ultimately, the parties reached a joint compromise memo on April 30, 2021, which was recorded by the court, leading to a decree based on mutual settlement.
New Hope Industries Pvt. Ltd. v.Pioneer Bakeries (P.) Ltd.
New Hope Industries challenged the Intellectual Property Appellate Board's decision to rectify its trademarks, Milka Wonder Cake. However, before the Madras High Court could rule on the validity of the marks, both parties entered into a Dispute Settlement Agreement (MOU) dated March 26, 2018. Consequently, the court dismissed the Writ Petitions as withdrawn, resolving the dispute outside of judicial decree.
M/s.V.V.V & Sons Edible Oils Limited. v.M/s.S.G.R. (777) Foods Pvt Ltd.
This Madras High Court judgment records a compromise in an infringement suit concerning the bottle design and label color scheme for gingelly oil. The parties agreed to settle the dispute amicably, leading the court to pass a compromise decree. Key terms included the first defendant voluntarily amending its label by enlarging the logo and altering other features, agreeing to destroy remaining unused labels within three months, and ceasing deceptive imitation of the plaintiff's product.
Aquapump Industries & Aquasub Engineering v.Texmo Industries
This Madras High Court judgment records a settlement reached between Aquapump Industries, Aquasub Engineering (Plaintiffs), and Texmo Industries (Defendant) regarding trademark infringement. The original suit sought permanent injunctions against the unauthorized use of the 'TEXMO' mark on various pump products and claimed damages/accounts of profits. Both parties successfully mediated their dispute, leading the court to decree the suit based on the terms of the Mediation Agreement dated February 21, 2017.
K.Ganesh Nadar / M/s. Bharathi Consumer Care Products Pvt.Ltd. v.M/s. Bharathi Consumer Care Products Pvt.Ltd. / K.Ganesh Nadar
This Madras High Court judgment addresses two cross-suits concerning trademark infringement, passing off, and groundless threats related to the brand 'XTRA' in the FMCG sector. The court noted that the dispute was referred to mediation, which proved fruitful. Consequently, a common decree was passed based on a memo of compromise dated 17.02.2017. Under this agreement, the defendant committed to stopping the use of the infringing label and adopting an amended version moving forward.
M/S.Unisept Nourishments Private Limited v.M/S.KTC Ventures
This Madras High Court judgment records a compromise settlement between M/S.Unisept Nourishments Private Limited and M/S.KTC Ventures regarding trademark infringement of 'LASSI HOUSE'. The parties agreed to drop the suit in exchange for specific terms, including a permanent injunction against passing off, payment of Rs. 1 lakh by the defendant, and mandatory changes to the defendant's branding (displaying 'KTC VENTURES' below 'Lassi House').
P.Maheswari (Propx. Venu Biriyani Hotel) v.Dindigul Venuu Biriyani
This Madras High Court judgment addressed a trademark infringement suit filed by P.Maheswari against Dindigul Venuu Biriyani regarding the use of deceptively similar trade names for biryani services. Although the initial claim sought permanent injunction and damages, the court ultimately decreed the suit based on a Memorandum of Compromise (MOC) signed between the parties. This resolution allowed both parties to settle their dispute outside of a full trial.
Kela Handloom & Co. v.Susanta Debnath
Kela Handloom & Co. filed a suit against Susanta Debnath and others, alleging infringement of their registered trademark 'ASMA' and associated artistic work in textile goods like lungies. The plaintiff sought permanent injunctions, damages, and surrender of infringing materials. Ultimately, the court decreed the suit based on a Memorandum of Compromise reached between the parties.
Cholayil Private Limited v.Aditya Birla Management Corporation Pvt Ltd.
Cholayil Private Limited filed a suit against Aditya Birla Management Corporation and others, alleging infringement of its trademarks ('Medimix', Mortar and Pestle) and copyright in its product labeling. The plaintiff sought perpetual injunctions, damages, and an accounting of profits due to the defendants' alleged unauthorized use of similar marks and artistic works on soaps and cosmetic products. Ultimately, both parties reached a Joint Memo of Compromise, leading to the suit being disposed of amicably.
M/s. Cavinkaare Private Limited v.Panchaksharam Guru Moorthy
The Madras High Court addressed a complex dispute between M/s. Cavinkaare Private Limited and Panchaksharam Guru Moorthy regarding the trademarks 'KARTHIKA' and 'KARTIKA'. The litigation, which involved claims of infringement and passing off across multiple suits, was ultimately resolved through a Joint Compromise Memo. The court decreed C.S.No.204/2012 based on this compromise, granting Cavinkaare exclusive rights to the trademark in relevant goods and services while dismissing the counter-suit (C.S.No.467/2012).
Sun Pharma Laboratories Limited v.Psycoremedies Ltd.
The civil suit was filed regarding the alleged infringement of a trademark. The parties subsequently entered into a Memo of Compromise, resolving all disputes between them.
Noraris AG v.Bafna Pharmaceuticals Ltd.
Noraris AG filed a suit alleging infringement of its patent (No. 212815) concerning Vildagliptin API and formulations against Bafna Pharmaceuticals Ltd. The plaintiffs initially prayed for a permanent injunction, rendition of accounts, and delivery up of stock.
Wipro Enterprises Limited v.Heinz India Pvt., Ltd.
Wipro Enterprises Limited filed appeals against an order concerning the alleged infringement of its trademark rights. The dispute centered around Heinz India Pvt. Ltd.'s use of labels incorporating 'GLUCON-D VOLT' for their tangy orange flavoured glucose-based energy bites. The parties ultimately reached a compromise, leading to the disposal of the Original Side Appeals.
Bharat Balar v.Rajendra Distributors
The appeal concerned a suit filed by Bharat Balar alleging infringement of their registered design and passing off against Rajendra Distributors. The court facilitated an agreement between both parties to expedite the trial process and set aside certain adverse observations made in a previous common order.
M/s. Nalli Chinnasami Chetty v.Nalli Silk House A/C
This Madras High Court case involved a dispute over trademark infringement and passing off between M/s. Nalli Chinnasami Chetty and Nalli Silk House A/C. The parties reached an amicable settlement, leading the court to dispose of the suit based on the compromise memo. Under the agreement, the defendant committed to changing its business name from 'NALLI SILK HOUSE' to 'NALLAPPA SILK HOUSE' and ceasing all use of the infringing trademark by December 31, 2015.
M/s.Kaleesuwari Refinery Pvt.Ltd v.M/s.Vignesh Refineries
M/s.Kaleesuwari Refinery Pvt.Ltd filed suit against M/s.Vignesh Refineries alleging infringement of its registered trademark (GOLD WINEER) and copyrighted pouch design. The dispute centered on the defendant's use of 'SKS GOLD' packaging, which was deemed infringing by the plaintiff. Both parties subsequently entered into a Memorandum of Compromise, amicably settling their differences.
M/s.Varsha Productions v.Shivaji Rao Gaikwad
The appeal arose from an interlocutory order concerning a suit filed by the respondent, Shivaji Rao Gaikwad (Rajinikanth), seeking to restrain M/s.Varsha Productions from using his name, image, or style in their film project 'Main Hoon Rajinikanth'. The parties subsequently reached a settlement.
K.R.Ravi Rathinam v.The Director General of Police, and others (listed as R.1 to R.11)
The appellant claimed his story 'Mullai Vanam 999', which he uploaded to YouTube in 2013, was illegally used and infringed upon in the film 'Lingaa' by respondents 7, 8, 10, and 11. The court initially held that a writ petition was not the proper remedy for such private disputes. However, considering the circumstances, the court directed the seventh respondent to deposit Rs. 10 Crores and allowed the release of the film 'LINGAA' upon initial deposit.
M/S.Grp Dairy Food Pvt. Ltd. v.S.Sudhakar
The Madras High Court resolved a dispute between M/S.Grp Dairy Food Pvt. Ltd. and S.Sudhakar concerning the trademarks 'Udhayam' and 'GRB Udhayam'. The parties reached an amicable settlement through mediation, resulting in a Memorandum of Compromise. Consequently, the court disposed of the writ petitions by allowing the trademark registrations to continue, provided certain conditions outlined in the compromise are incorporated into the registry.
Intas Laboratories Pvt. Ltd. And Anr. v.Novaritis A.G., Schwarzwaldallee,
The dispute concerned the validity of an Exclusive Marketing Right (EMR) granted to Novaritis for the anti-cancer drug, Beta-Crystalline form of Imatinib Mesylate. Intas Laboratories challenged this EMR, arguing it created a monopoly and harmed public interest due to high pricing. The Madras High Court confirmed the interim injunction but mandated that the plaintiffs supply the drug freely to eligible patients.
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