Bench:M.Chockalingam
6 IP cases indexed. Covers patent, copyright matters.
Cases Presided Over
6 cases indexed | Page 1 of 1
Shabbir Medical Hall v.Mohammed Naseer
Shabbir Medical Hall filed a suit alleging that Mohammed Naseer infringed its registered trademark, 'ISPAHANI TEA,' by using the deceptively similar mark 'FAMILY TEA' along with an imitation color scheme and get up. The plaintiff sought permanent injunctions and damages for this alleged infringement. However, the Madras High Court ultimately dismissed the appeals, confirming a single judge's order that revoked the leave granted to the plaintiff. The court held that the plaint failed to establish any part of the cause of action within its local jurisdiction.
Kensoft Infotech Limited v.Sundaram BNP Paribas Home Finance Ltd.
Kensoft Infotech Limited filed a suit seeking permanent injunction and damages against Sundaram BNP Paribas Home Finance Ltd. and Sundaram Infotech Solutions Ltd. The lower court referred the matter to arbitration based on an alleged clause in agreements with R1. Kensoft appealed, arguing that copyright infringement was outside the scope of the arbitration agreement as not all parties were signatories.
K.S.Gita v.Vision Time India Pvt. Ltd.
K.S.Gita, claiming ownership of the copyright in the literary work 'THANGAM/BANGARAM/GANGA', filed appeals against orders dismissing her applications for temporary injunctions and royalty payments regarding the teleserial 'THANGAM'. The court examined the claims of infringement and financial reliefs sought by the plaintiff.
Muthooth Finance Ltd. v.The Indian Performing Rights Society Limited
The appeal challenged the Single Judge's order granting an interim injunction sought by The Indian Performing Rights Society Limited (R1). R1 alleged that defendants were infringing copyright by broadcasting recorded songs without obtaining necessary licenses. The High Court upheld the grant of the interim injunction, finding a prima facie case in favor of the plaintiff.
Parle Products Private Limited v.Surya Food & Agro Limited
Parle Products Private Limited appealed a single judge's order that revoked its leave to sue against Surya Food & Agro Limited. Parle alleged that Surya was pirating its registered biscuit packet designs, which were protected under the Designs Act, 2000. The lower court had denied leave based on jurisdictional concerns and lack of proof of sales within its area. However, the Madras High Court set aside this order, holding that since the suit involved questions of difficulty and importance, these matters could not be decided merely in an application to revoke leave.
Astor Technologies v.L.B.Thiagarajan
Astor Technologies appealed a single judge's order that dismissed their application for an interim injunction against L.B.Thiagarajan regarding alleged infringement of copyright in the 'ASTOR EAZY DESIGN' software. The appellants argued they were the owners and the respondent illegally took the source code, while the court found it premature to grant an injunction without a full trial.
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