Bench:Abdul Quddhose
79 IP cases indexed. Covers patent, design matters.
Cases Presided Over
79 cases indexed | Page 3 of 3
Sfp Sons India Private Limited v.Mr. Jitender Singh
The Madras High Court addressed a suit filed by Sfp Sons India Private Limited concerning the alleged infringement and passing off of its registered trademark 'JASS' by Mr. Jitender Singh, trading as M/s. Sri Vidhiya Agencies. The court found that the defendant was liable for infringing the plaintiff's rights through the use of deceptively similar marks like 'JAAS'. Consequently, the court granted a permanent injunction restraining the defendant from further misuse and directed the payment of suit costs to the plaintiff.
A.D.Padmasingh Isaac & M/s.Aachi Masala Foods Private Limited, M/s.Flora Foods v.Karaikudi Aachi Biriyani Mandi, Zomato Limited, Swiggy India
The Madras High Court addressed a suit filed by A.D. Padmasingh Isaac and associated entities alleging trademark infringement and passing off by Karaikudi Aachi Biriyani Mandi, alongside online platforms Zomato and Swiggy. The plaintiffs sought permanent injunctions against the use of deceptively similar names like 'KARAIKUDI AACHI BRIYANI MANDI' and mandatory orders to remove these listings from digital platforms. While the judgment details the extensive claims for injunctions and removal, it does not provide a final conclusive ruling on all reliefs in this excerpt.
M/s.Vasanta Bhavan Hotels India Private Limited v.Pugal'n Vasanta Bhavan
M/s.Vasanta Bhavan Hotels India initiated a civil suit against Pugal'n Vasanta Bhavan alleging trademark infringement and passing off regarding the use of similar names in the hotel and food business. The plaintiff asserted extensive goodwill, long-standing usage since 1974, and registered trademarks for 'VASANTA BHAVAN.' Although the defendant was set ex parte, the court proceeded based on the plaintiff's evidence to address claims of deceptive similarity and irreparable harm.
M/s.Nalli Chinnasami Chetty v.Sivakumar G.Nalli
The Madras High Court addressed a civil suit filed by M/s.Nalli Chinnasami Chetty alleging trademark infringement and passing off against Sivakumar G.Nalli and others regarding the 'Nalli' brand. Despite extensive evidence presented by the plaintiff, including proof of long-standing reputation and registration, the court dismissed the core prayers seeking permanent injunctions, rendition of accounts, and damages. The judgment highlights the high burden required for a successful infringement claim in civil court.
M/s.Carborundum Universal Limited v.Selvam Hardwares
In a dispute over the use of the trademark 'SPEED,' M/s. Carborundum Universal Limited sought injunctions and damages against Selvam Hardwares for alleged infringement and passing off. While the parties reached an amicable settlement regarding the commercial aspects of the suit (injunctions, damages, accounts), the Madras High Court proceeded to adjudicate the plaintiff's request for a declaration that 'SPEED' is a well-known trademark. The court granted this specific declaratory relief, recognizing the mark's status in relation to diamond cutting and polishing tools.
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.
Manohar Singh v.Shyam Singh
Manohar Singh filed a civil suit against Shyam Singh and others, alleging infringement of his registered trade marks ('Singh') and associated copyrights in connection with mehandi products. The plaintiff sought permanent injunctions against the use of deceptively similar marks like 'Raju Singh' and 'Ram Singh'. However, due to the plaintiff's lack of cooperation in recording oral evidence over the years, the court ultimately dismissed the suit for non-prosecution.
Mohan Breweries and Distilleries Limited v.Appollo Distilleries Pvt. Ltd.
Mohan Breweries and Distilleries Limited filed a civil suit against Apollo Distilleries Pvt. Ltd. and Tamil Nadu State Marketing Corporation Limited, alleging infringement of its registered design and trademark, as well as passing off their beer products. The plaintiff sought permanent injunctions, accounting of profits, destruction of infringing goods, and damages amounting to Rs. 2 Crores. However, the suit was ultimately dismissed by the court upon the request of the plaintiff's counsel.
Eupharma Laboratories Ltd. v.Brawn and Burk Pharmaceuticals Pvt. Ltd.
Eupharma Laboratories Ltd. filed a civil suit against Brawn and Burk Pharmaceuticals Pvt. Ltd., seeking permanent injunctions for infringing the 'MALOXINE' trademark and copyrighted carton design, as well as damages for passing off. The original prayer sought to restrain the defendant from using similar marks or designs on pharmaceutical products. However, given that the plaintiff company had been wound up and remained inactive in prosecuting this very old suit since 1998, the Madras High Court dismissed the case for non-prosecution.
Ttk Prestige Ltd. v.Nirlon Kitchenware Private Ltd.
Ttk Prestige Ltd. filed a suit against Nirlon Kitchenware Private Ltd. alleging infringement of its registered designs for pressure cookers and passing off due to the defendant's use of identical shapes, configurations, and phonetically similar marks like 'Svachh'. The court found in favor of the plaintiff.
Hatsun Agro Product Ltd. v.K. Sarinivas Reddy
The Madras High Court ruled in favor of Hatsun Agro Product Ltd. against K. Sarinivas Reddy for trademark infringement and passing off. The court found that the defendant's use of 'SRI AROGYA,' coupled with a deceptively similar color scheme, get-up, and packaging design, infringed upon the plaintiff's registered mark 'AROKYA.' Consequently, the court granted a permanent injunction to stop the unauthorized use and directed the defendant to pay costs.
Shyam Enterprises Private Limited v.Hotel Amaravati
The Madras High Court partially decreed a suit filed by Shyam Enterprises Private Limited against Hotel Amaravati concerning trademark infringement and passing off. The court found that the plaintiff had successfully proven its claim regarding the use of the registered trademark AMARAVATHI in the hotel and hospitality sector. Consequently, the defendant was granted permanent injunctions restraining them from using the mark or suggesting a connection to the plaintiff's services. However, since the plaintiff did not press for claims related to damages or accounting of profits, those specific reliefs were dismissed.
Flamagas S.A. v.Ashok Bafna and Bafna Agencies
Flamagas S.A. filed a civil suit against Ashok Bafna and Bafna Agencies, alleging infringement of its registered designs and trademarks concerning cigarette lighters. The plaintiff sought permanent injunctions, damages, and an accounting of profits due to the sale of similar 'BAIDE/TOYO' lighters. However, before the court could rule on the merits of the case, the learned counsel for the plaintiff moved to withdraw the suit.
M/s.Mohamed Aboobacker Chank Lungi Limited v.M/s.Indianpasand Inc.
M/s. Mohamed Aboobacker Chank Lungi Limited filed a civil suit against M/s. Indianpasand Inc. and other defendants, alleging trademark infringement (SANGU vs. SHIPPY), copyright violation, and passing off. The plaintiff sought permanent injunctions and damages for the alleged unauthorized use of their registered marks and artistic designs by the defendants. However, due to the current non-sale status of the disputed products, the plaintiff requested permission to withdraw the suit against the first defendant while retaining the liberty to file a fresh case if infringement occurs in the future.
M/S. Kaleesuwari Refinery Private Ltd. v.Sri Vinayaka Agro Industries
The Madras High Court ruled in favor of M/S. Kaleesuwari Refinery Private Ltd., granting a permanent injunction against Sri Vinayaka Agro Industries for infringing the registered trade mark 'DHEEPAM' and engaging in passing-off. The court found that the defendant's use of 'V RICH DEEPAM OIL' and its deceptively similar packaging material constituted infringement, despite the defendant failing to appear in court. This judgment reinforces the protection afforded to well-known trademarks against confusingly similar marks.
M/S. Kaleesuwari Refinery Private Ltd. v.Sri Vinayaka Agro Industries
The Madras High Court ruled in favor of M/S. Kaleesuwari Refinery Private Ltd., granting a permanent injunction against Sri Vinayaka Agro Industries for infringing the registered trade mark 'DHEEPAM' and engaging in passing-off. The court found that the defendant's use of 'V RICH DEEPAM OIL' and its deceptively similar packaging material constituted infringement, despite the defendant failing to appear in court. This judgment reinforces the protection afforded to well-known trademarks against confusingly similar marks.
Ajax Engineering Private Limited v.The Registrar Of Trademarks Trademark Registry
The Madras High Court set aside an order by the Registrar of Trademarks that had rejected the trademark application 'AJAX-MAKES CONCRETE SENSE'. The petitioner argued that the rejection was arbitrary, as they had submitted extensive documentation proving continuous use since 1983. The court found that the respondent failed to apply its mind to the documents provided and violated principles of natural justice by issuing a non-speaking order. Consequently, the matter was remanded back for fresh consideration on merits.
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