Bench:A.P. Shah
6 IP cases indexed. Covers patent, copyright matters.
Cases Presided Over
6 cases indexed | Page 1 of 1
Wipro Limited v.Oushadha Chandrika Ayurvedic India (P) Limited
Wipro Limited appealed against a single judge's decision to reject suits filed for trademark infringement ("Chandrika") and copyright infringement. The core issue was whether the Madras High Court had jurisdiction, as the respondents were located outside its territorial limits. The court held that when challenging jurisdiction via demurrer, the allegations in the plaint must be accepted as true.
Wipro Limited, Thiru Vi Ka Industrial ... v.Oushadha Chandrika Ayurvedic India (P) ...
The plaintiffs (Wipro Limited) filed suits alleging infringement of their registered trade mark 'Chandrika' and associated copyright by the defendants. The lower court rejected these suits on jurisdictional grounds, arguing that no essential part of the cause of action arose within its territory. The High Court appellate bench overturned this decision, holding that when jurisdiction is challenged via demurrer, the allegations in the plaint must be taken as true.
Zee Telefilms Ltd. v.Sundial Communications Pvt. Ltd.
The plaintiffs, a television programming company, filed suit against the defendants for breach of copyright and misuse of confidential information regarding their original work titled 'Krish Kanhaiyya'. The dispute centered on the unauthorized production and broadcasting of a serial based on the plaintiffs' concept by the defendants. The court found that there was unlawful copying and infringement of the plaintiffs' copyright.
Smithkline Beecham Consumer v.Hindustan Lever Limited And Anr.
This appeal concerned a copyright infringement suit filed by Smithkline Beecham Consumer against Hindustan Lever Limited regarding toothbrushes. The plaintiffs claimed copyright over mould drawings and pilot moulds used in manufacturing the PEPSODENT POPULAR toothbrush. The Trial Court dismissed the suit, holding that it was barred by Order II, Rule 2 of the CPC and constituted an abuse of process of law. The Bombay High Court overturned this decision, finding that the present suit involved a distinct cause of action—the importation of moulds in 1999—and thus did not amount to an abuse of process.
Marico Industries Ltd. v.Sarfaraj Trading Company, Hyderabad
Marico Industries Ltd. appealed a single judge's order that refused to allow it to combine its copyright infringement suit with claims for trademark infringement and passing off against Sarfaraj Trading Company. The court examined whether this discretionary refusal was appealable, ultimately adopting the principle that an order putting an end to proceedings constitutes a judgment. Finding that granting leave would prevent multiplicity of litigation, the High Court allowed the appeal, setting aside the single judge's order.
Aasia Industrial Technologies Ltd. v.Ambience Space Sellers Ltd.
The plaintiffs, exclusive licensees of programs on Zee TV Channel, challenged the defendants (cable network operators) for blanking out/interrupting the signal and substituting local advertisements. The core issue was whether these actions violated their rights under copyright and passing off.
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