Bench:Abdul Quddhose
79 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
79 cases indexed | Page 2 of 3
Department of Atomic Energy v.Assistant Controller of Patents and Designs
The Department of Atomic Energy challenged an order from the Assistant Controller of Patents refusing to process its patent application No. 201921029932, citing a delay in submitting the power of attorney. The petitioner argued that they had substituted a fresh power of attorney which was accepted by the respondents. The High Court quashed the refusal order, finding it passed without proper consideration and violating natural justice.
Fashion Chemicals GmbH & Co.KG v.Registrar of Trade Marks
The Madras High Court allowed an appeal filed by Fashion Chemicals GmbH & Co.KG against the refusal of its trademark registration for 'REPELLAN'. The court found that the Assistant Registrar's original order was cryptic, non-speaking, and violated principles of natural justice because it failed to consider the appellant's detailed arguments regarding the difference in goods (textile vs. construction) between 'REPELLAN' and the cited mark 'REPELLIN'. Consequently, the impugned order was quashed, and the Registrar was directed to publish the trademark for public opposition.
Lenovo (Singapore) Pte. Ltd. v.Rpd Workstations Private Limited
Lenovo successfully challenged the registration of the mark 'THINBOOK' belonging to Rpd Workstations Private Limited in the Madras High Court. Lenovo, asserting its status as the originator and exclusive proprietor of the 'THINK Family of Marks,' demonstrated that the impugned mark was deceptively and phonetically similar to its established brand. The court ruled in favor of Lenovo, directing the cancellation and removal of the infringing trademark from the Register, thereby protecting Lenovo's goodwill and reputation in the market.
Lenovo (Singapore) Pte. Ltd. v.Rpd Workstations Private Limited
Lenovo successfully challenged the registration of the mark 'THINBOOK' belonging to Rpd Workstations Private Limited in the Madras High Court. Lenovo, asserting its status as the originator and exclusive proprietor of the 'THINK Family of Marks,' demonstrated that the impugned mark was deceptively and phonetically similar to its established brand. The court ruled in favor of Lenovo, directing the cancellation and removal of the infringing trademark from the Register, thereby protecting Lenovo's goodwill and reputation in the market.
BASF SE v.The Deputy Controller of Patents and Designs, The Patent Office
BASF SE appealed an order by the Deputy Controller refusing to grant a patent for a Divisional Application. The refusal was based partly on the timing (filing after original patent grant) and lack of distinctiveness. The High Court quashed the order, finding that the timing issue was not proven against the appellant and that principles of natural justice were violated.
Mankind Pharma Limited v.Micor Labs Limited
Mankind Pharma Limited sought the rectification of Micor Labs Limited's trademark 'DOLOBENE', arguing it was deceptively similar to their mark 'DOLOBAN'. The Madras High Court ultimately dismissed the petition, primarily on the grounds of inordinate delay and acquiescence. The court found that Mankind had lost its right to claim prior user due to the significant lapse between Micor Labs' registration date and the filing of the rectification application.
BASF SE v.The Deputy Controller of Patents and Designs, The Patent Office
BASF SE appealed against an order refusing to grant a patent for its Divisional Application. The refusal was based partly on timing and lack of distinctiveness. The High Court quashed the order, finding that the respondent failed to consider the fact that the application was filed on the same day as the original patent grant, and also violated principles of natural justice.
The Research Foundation for the State University of New York v.The Controller of Patents, The Patent Office
The appellant challenged the Controller's order rejecting its patent application, citing issues with both claim amendments and failure to meet the time limit for filing the National Phase Application. The court found that the respondent failed to properly consider the provisions allowing condonation of delay (Rule 138) and erroneously rejected the application based on non-application of mind.
Psyco Remedies Ltd. v.Micro Labs Ltd.
This Madras High Court judgment concerns a petition filed by Psyco Remedies Ltd. seeking rectification of a trademark held by Micro Labs Ltd. However, before the court could rule on the merits of the rectification request, the parties reached an out-of-court settlement. Both sides agreed to withdraw related litigation and mutually refrained from taking further action against each other concerning the subject trademarks. Consequently, the High Court dismissed the petition as withdrawn.
Intervet International B.V. v.Deputy Controller Of Patents & Design
Intervet International B.V. challenged the Deputy Controller's refusal to grant a patent for its novel crystalline forms of the drug 20, 23 dipiperidinyl-5-O-mycaminosyl-tylonolide. The appeal argued that the rejection was arbitrary and non-speaking, failing to adequately consider expert evidence regarding superior stability. The Madras High Court agreed, finding a violation of natural justice in the original order.
Signal Pharmaceuticals v.Deputy Controller of Patents and Designs, Patent Office
Signal Pharmaceuticals appealed an order from the Deputy Controller of Patents refusing to grant a patent for its mTOR kinase inhibitors. The appellant argued that the refusal was based on a non-speaking order, failing to properly appreciate evidence and ignore the inventive step and therapeutic efficacy of the compound. The High Court quashed the impugned order and remanded the matter back for fresh consideration.
Mohammed Faisal T.P. v.The Registrar of Trade Mark
The Madras High Court addressed a writ petition filed by Mohammed Faisal T.P. seeking an expeditious processing of his pending Trademark Application No. 5007957. The court directed the Registrar of Trade Marks to ensure that the application is processed within a stipulated timeframe. This order provides clarity and urgency regarding administrative delays in trademark registration processes.
Nalli Duraiswami Saroja (Late) (Through her son) Trading as Nalli Weaving Center v.N.Kuppuswami Chettiar
The Madras High Court dismissed an appeal filed by Nalli Duraiswami Saroja (Late) against a rectification order concerning her trademark. The court noted that despite repeated opportunities, the appellant failed to appear or prosecute the case. Consequently, the original registration was allowed to continue without challenge from the appellant's side.
Monster Energy Company v.The Registrar of Trade Marks
The Madras High Court allowed Monster Energy Company's appeal against the Registrar of Trade Marks' refusal to register its trademark 'SUPER FUEL.' The court found that the Registrar erred by comparing 'SUPER FUEL' (for non-alcoholic beverages) with a similar existing mark ('FUEL') used for different products. Consequently, the impugned order was quashed, and the appellant was directed to be allowed to publish the trademark in the journal, allowing any third parties to file opposition petitions on merits.
Idemia Identity & Security France v.The Controller General of Patents, Designs & Trademarks
Idemia Identity & Security France challenged a rejection order issued by the Controller General of Patents, which denied patent protection for its invention related to 'Cryptography on a simplified elliptical curve'. The respondents argued that the invention was merely a mathematical formula or business method, thus falling under Section 3(k) of the Patents Act. However, the Madras High Court quashed the rejection order, finding it arbitrary and non-speaking because the respondents failed to address key contentions raised by the appellant regarding its technical contribution.
Samsudeen A v.The Registrar of Trade Marks / Salama Eye Hospital Limited
The Madras High Court allowed the appeal filed by Samsudeen A against the Registrar of Trade Marks' decision to abandon a trademark application. The core issue was whether service via email, as per TM Rules, was sufficient when the applicant claimed non-receipt of the opposition notice. Applying a purposive interpretation in the interest of justice, the court ruled that since the appellant could not prove receipt, he was deemed not to have received the notice, thereby quashing the abandonment order and allowing him a chance to file his counter-statement.
Samsudeen A v.The Registrar of Trade Marks / Salama Eye Hospital Limited
The Madras High Court allowed the appeal filed by Samsudeen A against the Registrar of Trade Marks' decision to abandon a trademark application. The core issue was whether service via email, as per TM Rules, was sufficient when the applicant claimed non-receipt of the opposition notice. Applying a purposive interpretation in the interest of justice, the court ruled that since the appellant could not prove receipt, he was deemed not to have received the notice, thereby quashing the abandonment order and allowing him a chance to file his counter-statement.
Monster Energy Company v.The Registrar of Trade Marks
The Madras High Court allowed Monster Energy Company's appeal against the Registrar of Trade Marks' refusal to register its trademark 'SUPER FUEL.' The court found that the Registrar erred by comparing 'SUPER FUEL' (for non-alcoholic beverages) with a similar existing mark ('FUEL') used for different products. Consequently, the impugned order was quashed, and the appellant was directed to be allowed to publish the trademark in the journal, allowing any third parties to file opposition petitions on merits.
Beerco Ltd. v.The Registrar of Trademarks
The Madras High Court allowed Beerco Ltd.'s appeal against the Registrar's refusal to register its trademark 'BeerCo' under Class 32. The court found that the initial rejection was based on a non-speaking order and failed to consider the appellant's existing registrations for similar marks. Consequently, the impugned order was quashed, directing the Registrar to allow publication of BeerCo in the Trademark Journal so that third parties could raise any objections.
Beerco Ltd. v.The Registrar of Trademarks
The Madras High Court allowed Beerco Ltd.'s appeal against the Registrar's refusal to register its trademark 'BeerCo' under Class 32. The court found that the initial rejection was based on a non-speaking order and failed to consider the appellant's existing registrations for similar marks. Consequently, the impugned order was quashed, directing the Registrar to allow publication of BeerCo in the Trademark Journal so that third parties could raise any objections.
Regeneron Pharmaceuticals Inc. v.Assistant Controller of Patents and Designs, Government of India
Regeneron Pharmaceuticals Inc. filed an appeal against the Controller of Patents and Designs' order refusing to grant a patent application (No. 201947017337). The appellant subsequently sought permission from the High Court to withdraw the appeal.
K. Ramu (Deceased) & Lavanya Ramu v.Adyar Ananda Bhavan
The plaintiff filed a suit seeking permanent injunctions and damages against Adyar Ananda Bhavan for infringing two patents (process and product) related to sweets made with fructose/levulose. The court ultimately dismissed the suit because the relevant patents had expired, rendering the main relief infructuous.
Maya Appliances Private Limited v.Vibrant Concepts And Designs
Maya Appliances Private Limited filed suits alleging that Vibrant Concepts And Designs infringed upon its intellectual property rights, specifically concerning its patented technology and registered designs for frameless gas cooktops. The plaintiff claimed their products were world's first and featured unique design elements and a patentable internal piping system providing visual leak feedback. While the court acknowledged the claims of infringement, it dismissed the interim injunction applications, directing both parties to proceed to trial.
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).
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.
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.Kalyan Jewellers India Ltd. v.Antony Adams
The Madras High Court ruled in favor of M/s. Kalyan Jewellers India Ltd., granting permanent injunctions against defendants for infringing and passing off their trademarks 'Kalyan' and 'Kalyanjewellers' through the domain name <kalyanjewellers.com>. The court also issued a mandatory order directing the cancellation and subsequent transfer of the disputed domain name to the plaintiff, affirming the principles of cybersquatting remedies.
MGM Healthcare Private Limited v.Varamm Healthcare Private Limited
In a significant ruling concerning trademark disputes, the Madras High Court clarified the procedural requirements under Section 124 of the Trademarks Act. The court held that while a formal plea in the written statement is ideal, a specific plea of invalidity taken by the defendant in an interlocutory counter affidavit can suffice to raise the issue of validity. Given the prima facie case made out by the defendant regarding prior use and invalidity, the Court allowed the applications, framed the preliminary issue on trademark validity, and adjourned the suit for three months to allow the defendant to file a rectification application.
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.
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