Judge Profile

Bench:M.Duraiswamy

4 IP cases indexed. Covers patent, copyright matters.

Cases Presided Over

4 cases indexed | Page 1 of 1

patent plaintiff favorable · Jul 15, 2022

M/S. Simpson & Company Limited v.Shri Rhythm Agarwal

Madras High Court · O.S.A.(CAD) No.122 of 2021

M/S. Simpson & Company Limited appealed a judgment that had dismissed its suit against Shri Rhythm Agarwal for trademark infringement and passing off related to 'Radisson Paints'. The core dispute revolved around the territorial jurisdiction, with the respondent arguing the suit should have been filed in Uttar Pradesh where they operated. The High Court ultimately ruled in favor of the appellant, holding that despite the defendant's arguments, the court possessed the necessary jurisdiction under Section 134(2) of the Trade Marks Act to try the matter.

patent plaintiff favorable · Jul 15, 2022

M/S. Simpson & Company Limited v.Shri Rhythm Agarwal

Madras High Court · O.S.A.(CAD) No.122 of 2021

M/S. Simpson & Company Limited appealed a judgment that had dismissed its suit against Shri Rhythm Agarwal for trademark infringement and passing off related to 'Radisson' paints. The lower court held that the High Court lacked jurisdiction because the cause of action did not arise wholly within its territorial limits, despite the appellant having a branch office in Uttar Pradesh. The Division Bench overturned this decision, asserting that Section 134(2) allows filing where the principal place of business is situated, and holding that the court had sufficient jurisdiction to proceed with the suit.

patent plaintiff favorable · Jul 15, 2022

M/S. Simpson & Company Limited v.Shri Rhythm Agarwal

Madras High Court · O.S.A.(CAD) No.122 of 2021

M/S. Simpson & Company Limited appealed a judgment that had dismissed its suit for trademark infringement and passing off against Shri Rhythm Agarwal. The core dispute revolved around the court's jurisdiction, as the respondent argued the cause of action arose in Uttar Pradesh, not Chennai. The Madras High Court ultimately set aside the lower court's decision, holding that despite the defendant's arguments, the appellant had sufficient grounds under Section 134(2) of the Trade Marks Act to file the suit in its jurisdiction.

copyright defendant favorable · Mar 21, 2022

M/s.24 Am Studious Private Limited v.Divya M.Jain

Madras High Court · O.S.A.(CAD).No.39 of 2022

The plaintiff filed a suit seeking perpetual injunction against defendants for releasing the film 'Production No.5 (Colour) – Ayalan' without consent, alleging infringement of Tamil Satellite Television Rights in India. The dispute centered on the validity of the finance agreement where the plaintiff pledged the exclusive copyright to the first defendant.

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