Bench:N.Paul Vasanthakumar
2 IP cases indexed. Covers patent matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
Urooj Ahmed v.Preethi Kitchen Appliances Private Limited
The appellant, Urooj Ahmed, filed an Original Side Appeal challenging the single judge's decision to dismiss an application seeking rejection of the plaint on grounds of lack of territorial jurisdiction. The suit involved claims of design infringement and passing off under the Designs Act, 2000. The High Court dismissed the appeal, upholding the lower court's order regarding maintainability.
Unimed Technologies Ltd. v.M/s Eyekare Kilitch Ltd.
The Madras High Court dismissed Original Side Appeals filed by Unimed Technologies Ltd. and Sun Pharmaceutical Industries Limited against a prior order dismissing their injunction application. The court found that the mark 'TOBA', being derived from the generic chemical term Tobramycin, was publici juris. Furthermore, the court noted factual dissimilarities in color schemes and symbols between the products, concluding there was no prima facie case of passing off or consumer confusion, especially since both drugs are sold under prescription by specialized physicians.
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