Bench:Sanjib Banerjee
17 IP cases indexed. Covers copyright, patent, trademark, design matters.
Cases Presided Over
17 cases indexed | Page 1 of 1
C.Prakash v.S.N. Media
C.Prakash appealed an order that vacated an initial injunction granted in his favour against S.N. Media. The dispute centered on whether C.Prakash's assignment of digital dubbing rights for films 'Chingari' and 'Shrikanta' was invalid because the first defendant claimed non-payment of consideration. The court held that copyright assignment does not require payment of consideration to be valid.
Arumugam Rajendra Babu v.Ashok Leyland Limited
Arumugam Rajendra Babu appealed an order dated September 1, 2021, passed in a commercial suit. The appellant sought a direction from the trial court to have the Controller of Patents provide evidence regarding his products and patent distinctions. The High Court dismissed the appeal, holding that it was not maintainable under Section 13 of the Commercial Courts Act, 2015.
New Pattukottai Kamatchi Mess v.New Pattukottai Kamatchi Mess - Nunpahal Unavagam LLP
This case involved a dispute over the use of the trade name 'New Pattukottai Kamatchi Mess' between two entities. The plaintiff sought permanent injunctions against trademark infringement and passing off, along with damages. However, both parties mutually agreed to resolve all existing disputes, including those related to the trademark claims, through arbitration.
A.Mani v.S.Suresh Trading as Flash Beauty Saloon
A.Mani appealed a judgment and decree that had been passed against him regarding the use of the mark 'FLASH'. The appeal challenged the trial court's decision, which was based on the alleged violation of an interim order by the appellant (defendant in the suit). The High Court set aside the impugned judgment, stating that the trial court failed to conduct proper adjudication on merits.
Yennes Infotech (P) Ltd. v.The Managing Director, eNoah Solution Pvt. Ltd.
Yennes Infotech appealed an order rejecting its plaint, which sought permanent injunctions and damages for alleged copyright infringement related to customized Tally Software. The court upheld the rejection, finding that the first defendant acted as an authorized agent and the second defendant was a licensee with a valid right to use the software.
Sony Music Entertainment India Pvt. Ltd v.S.Khaja Mohideen
The appeals arose out of common final interlocutory orders concerning two actions for copyright infringement. The first suit involved musical works in 17 films, while the second concerned music from the film 'Citizen'. The court addressed issues related to prima facie case and balance of convenience before granting interim relief.
M/s.Kumbhat Holographics v.The Government Of Tamil Nadu
The appellants challenged the tender terms set by the Tamil Nadu State Marketing Corporation Ltd for producing polyester based hologram excise labels. They argued that the technical specifications favored a specific patented technology, leading to limited participation and vitiating the public tendering process. The High Court found merit in this challenge, quashing the tender but allowing Uflex (the awarded vendor) to continue work temporarily.
R.Ravindran v.M.Anandan
R.Ravindran appealed against an order concerning his rights as assignee of the copyright in a story related to the film 'Chakra'. The court dismissed both appeals, noting that while the primary finding regarding his arbitration application was accepted, the dismissal did not preclude him from asserting other legal causes of action.
Irinjalakuda Town Co-Operative Bank Ltd v.ITC Ltd & Ors.
The plaintiff filed a suit alleging passing-off and infringement, claiming that the appellant's use of the mark 'ITC' in its banking business was unfair. The court ruled that since the plaintiff had its registered office within the territorial jurisdiction of the Calcutta High Court, the court possessed the necessary authority to hear the action under Section 134(2) of the Trade Marks Act, 1999.
ITC Ltd. v.Irinjalakuda Town Co-Operative Bank Ltd. & Ors.
The court addressed a matter involving ITC Ltd. and Irinjalakuda Town Co-Operative Bank Ltd., where the defendant applied for the revocation of leave granted under clause 12 of the Letters Patent. The court noted that the defendants' application was crucial, especially regarding whether the plaintiff could take advantage under Section 134(2) of the Trade Marks Act, 1999.
Vishnuprasad Mohanlal Panchal (Alias Ashok Panchal) v.Hitesh Vishnuprasad Panchal
The appeal was filed under Section 19(2) of the Designs Act, 2000 against an order passed by the Assistant Controller of Patents and Designs. The appellant argued that there was an inordinate delay (more than two years) between the conclusion of the hearing and the delivery of the final order regarding registered design no. 222514.
ITC Limited v.Godfrey Phillips India Limited & Anr
ITC Limited filed a Rectification Petition seeking the removal of the 'SUN FLAKE' trademark registration held by Godfrey Phillips India Limited. The petition, which also involved striking off certain paragraphs and documents from affidavits, was listed before the Delhi High Court on November 10, 2023. The court accepted notice and scheduled the matter for further hearing on November 21, 2023.
Marico Limited v.J.K. Enterprises & Others
The dispute centered on whether J.K. Enterprises was passing off its coconut oil, sold under the name "Nihal," as that of Marico Limited (or its predecessor). The court examined the similarity between the two packaging designs and marks, concluding that the defendant's use was deceptively similar to the plaintiff's registered mark 'Nihar'.
R.R. Proteins And Agro Limited v.Hari Shankar Singhania & Another
The plaintiff asserted exclusivity over its word mark 'Arati' in edible oil against the defendant's use of 'Sandhya Arati'. The court found that despite the addition of 'Sandhya', the prominent feature 'Arati' was incorporated, leading to infringement and passing-off. Consequently, an injunction was granted restraining the defendants from using the infringing mark.
Britannia Industries Ltd v.The Deputy Controller Of Patents & Designs & Anr.
Britannia Industries Ltd appealed an order from the Deputy Controller of Patents and Designs regarding the cancellation of a registered biscuit packet design. The appellant argued that the design lacked novelty due to prior publication in magazines and a textbook, which the Deputy Controller failed to consider during the initial proceedings.
Britannia Industries Ltd v.The Deputy Controller Of Patents & Designs & Anr.
Britannia Industries Ltd appealed an order from the Deputy Controller of Patents and Designs regarding the cancellation of a registered biscuit packet design. The appellant argued that the design lacked novelty due to prior publication in magazines and a textbook, which the Deputy Controller failed to consider.
Tega Industries Ltd v.Kaveri Polymers (P) Ltd
Tega Industries Ltd filed a petition against Kaveri Polymers (P) Ltd regarding infringement of its patent, No. 231453. Since the defendant failed to appear despite repeated opportunities, the court confirmed the earlier interim order restraining infringement and granted relief in terms of the plaintiff's prayer.
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