Bench:C.V.Karthikeyan
17 IP cases indexed. Covers patent, copyright, trademark matters.
Cases Presided Over
17 cases indexed | Page 1 of 1
Uyir Agriculture Private Limited v.Ueir Organic Food Private Limited
The Madras High Court allowed the Civil Revision Petitions, restoring an interim trademark injunction previously vacated by the lower court. The dispute centered on whether the petitioner had complied with procedural requirements under Order XXXIX Rule 1 of CPC after receiving the initial injunction. The High Court found that the delay in filing the compliance affidavit was excusable due to logistical constraints during the COVID-19 pandemic, thereby interfering with and setting aside the order that vacated the injunction.
Ashique Exports (P) Ltd. v.Safaana Cosmetics & Perfumes
Ashique Exports (P) Ltd. filed a suit against Safaana Cosmetics & Perfumes alleging copyright infringement and passing off related to their bathing soap packaging. The plaintiff claimed that the defendant used an identical colour scheme, trade dress, and deceptively similar artistic work on its product 'ISIE', mimicking the successful brand 'IVA'. After examining the evidence, the Madras High Court found that the defendant had encroached upon the plaintiff's intellectual property rights. Consequently, the court decreed the suit in favor of Ashique Exports, granting permanent injunctions and directing the destruction of infringing stock.
M/s.Bahwan Cyber Tek Pvt. Ltd. v.Aptivaa Consulting Solutions Private Limited
The Madras High Court formally accepted a Joint Memo of Compromise between M/s.Bahwan Cyber Tek Pvt. Ltd. and its defendants regarding trademark infringement concerning 'ASYMMETRIX EARLY WARNING SYSTEM'. The parties agreed that the defendants would cease all use, display, or advertising of the disputed mark in relation to software products. In exchange, the plaintiff waived most other reliefs sought in the suit, leading the court to decree the case based on the terms of the compromise.
Dr.S.Vijaya Bharati (Deceased) v.Mr.T.S.Ramalingam (Deceased)
The suit was filed by Dr.S.Vijaya Bharati (Deceased) against Mr.T.S.Ramalingam (Deceased) and others for infringement of copyright concerning the literary work "Amaran Kadhai". After nearly a decade, the parties entered into a compromise agreement.
M/s.Kaleesuwari Refinery Private Limited v.M/s.Amman Trader
This Madras High Court judgment addressed a trademark dispute where M/s.Kaleesuwari Refinery Private Limited sought permanent injunctions against M/s.Amman Trader for infringing its registered mark 'DHEEPAM' by using 'SRI DEEPAM' on edible oil products, and for passing off inferior goods as the plaintiff's. The parties ultimately reached a Joint Compromise Memo, which was accepted and decreed by the court. This settlement ensures that the defendant will cease all infringing activities related to the plaintiff's brand.
A.R.Safiullah v.Sri Ayyappan Fine Arts
A.R.Safiullah filed a civil suit against Sri Ayyappan Fine Arts and others, alleging infringement of his intellectual property rights. The plaintiff sought permanent injunctions based on Patent No. 198079 (for food-grade laminated paper) and Design No. 182931 (for artificial laminated banana leaves), as well as claims of passing off. However, before the court could rule on the merits of the infringement claims, the plaintiff formally withdrew the civil suit.
A.R.Safiullah v.Sri Ayyappan Fine Arts
A.R.Safiullah filed a civil suit against Sri Ayyappan Fine Arts and others, alleging infringement of his intellectual property rights. The plaintiff sought permanent injunctions based on Patent No. 198079 (for food-grade laminated paper) and Design No. 182931 (for artificial laminated banana leaves). Furthermore, the suit claimed passing off related to trade dress imitation. However, before a final judgment could be delivered, the plaintiff formally withdrew the civil suit.
Minbimbangal Productions (P) Ltd v.Harshini Movies
Minbimbangal Productions (P) Ltd filed a suit against Harshini Movies seeking permanent injunction to prevent the use of the title 'Vidathu Karuppu' or any deceptively similar title for its motion picture. The plaintiffs had previously secured an interim injunction regarding this matter. However, subsequent developments revealed that the defendant had changed the name of their film to 'Shenbaga Kottai'. Consequently, the plaintiffs filed a memo stating that they were not pressing the suit further, leading the court to dismiss the case as not prosecuted.
Minbimbangal Productions (P) Ltd and E9 Intrakt v.Harshini Movies
Minbimbangal Productions (P) Ltd filed a suit against Harshini Movies seeking permanent injunctions under the Trademarks Act, 1999, and the Copyright Act, 1957. The plaintiffs sought to prevent the defendant from using the title 'Vidathu Karuppu' or any deceptively similar title for their motion picture. However, subsequent developments revealed that the defendant had changed the name of their film to 'Shenbaga Kottai', leading the plaintiffs to withdraw the suit.
Bharat Balar and White Lion Trading Private Ltd. v.Rajendra Distributors and Sha Mahendra Kumar Asuram & Sha Asuram Madaji
This case involved a suit filed by Bharat Balar and White Lion Trading Private Ltd. against Rajendra Distributors, alleging infringement of their registered design for Unitary Multilayer Containers and idly plates. The plaintiffs sought permanent injunctions and damages based on the design's shape and configuration. However, before the court could rule on the merits, the plaintiff voluntarily withdrew the civil suit.
Inkpot Films Private Limited v.Bharat Sanchar Nigam Limited
Inkpot Films Private Limited filed a civil suit seeking permanent injunctions against various telecom and cable companies for infringing the copyright of its cinematographic film, "Is Love Enough? SIR". The plaintiff subsequently withdrew the entire suit and connected applications before the Madras High Court.
Mr.P.Radhakrishnan v.T.V.S.Motor Company Ltd.
The plaintiff filed a civil suit alleging that the defendant was infringing his Patent No.182682, which covered a specific four-stroke internal combustion engine technology used in vehicles like the TVS Flame -125cc. The plaintiff subsequently moved to withdraw the suit due to his severe health conditions.
M/s.Puravankara Projects Limited v.Saurabh Singh
M/s.Puravankara Projects Limited filed a civil suit seeking permanent injunctions against defendants, including Saurabh Singh, Godaddy India, Google India, M/s.Godaddy.com LLC, and Google Inc. The suit alleged trademark infringement (under No.1185286) and copyright infringement related to the name 'PURAVANKARA' and its artistic label, primarily concerning deceptive use of domain names and websites. Although the initial claims sought damages and injunctions, the plaintiff subsequently instructed their authorized signatory to withdraw the suit as the principal claim had been redressed.
M/s.P.S.Arumugam Associates v.M/s.Very Good Foods
The Madras High Court dismissed the appeal filed by M/s.P.S.Arumugam Associates against M/s.Very Good Foods, upholding the original finding that no infringement occurred. The court found insufficient evidence to establish deceptive similarity between the labels 'Chakra' and 'VG', noting differences in product descriptions and names. Furthermore, the plaintiff failed to adequately prove specific financial loss caused by the defendant's marketing.
G.Thirumoorthy v.Ellora Kalyani Gold Covering
G.Thirumoorthy filed a suit against Ellora Kalyani Gold Covering seeking permanent injunctions for infringing his registered trade mark 'KALYANI COVERING' and copyrighted artistic work, as well as passing off. The plaintiff sought to prevent the use of the deceptively similar mark 'KALYANI GOLD COVERING' on gold covering ornaments. However, during the proceedings, the court noted that the plaintiff failed to file an affidavit confirming the survival of the cause of action. Consequently, the suit was dismissed.
M/s.Agsar Match Industries v.M/S.Edison Paints By Its
The Madras High Court confirmed a lower court's finding that M/S.Edison Paints was engaging in passing off by using a deceptively similar mark (Double Stag) for red oxide and colour oxide. The court emphasized that even if the products were technically different or had minor packaging variations, the similarity of the core trademark image—the stag—would lead the target audience (civil contractors/masons) to believe both products originated from the same company or sister concerns. This ruling strongly protects established goodwill against confusing imitation.
Sangeetha Caterers And Consultants v.S.M.Subbaiah
The Madras High Court addressed a trademark dispute where Sangeetha Caterers And Consultants sought permanent injunction against Defendants for infringing and passing off their registered mark 'APOORVA'S SANGEETHA'. Although the defendants remained ex parte, the court found sufficient evidence to grant injunctions restraining further use of the offending word 'SANGEETHA' and directing the surrender of related materials. However, the claim for damages or accounts of profits was dismissed due to a lack of conclusive evidence from the plaintiff demonstrating direct financial loss.
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