Bench:Senthilkumar Ramamoorthy
402 IP cases indexed. Covers trademark, patent, copyright matters.
Cases Presided Over
402 cases indexed | Page 13 of 14
Nivaran Herbal Pvt. Ltd. v.Registrar of Trademarks
The Madras High Court allowed a petition filed by Nivaran Herbal Pvt. Ltd. seeking the removal of the trademark 'KHANSI NIVAARAN' (Registration No. 1740206). The court found that the cancellation was mandated by a prior compromise order reached between the parties in C.S.No.644/2011. Consequently, the Registrar of Trademarks was directed to take all necessary steps to expunge the mark from the register.
A.D.Padmasingh Issac (Trading as Aachi Spices and Foods) v.Hariharan (Trading as Sruthi's Masala) & The Registrar of Trademarks
The Madras High Court dismissed the petition filed by A.D. Padmasingh Issac seeking the removal or rectification of Trademark No. 1759431 from the Register of Trademarks. The court noted that, subsequent to filing the suit, the trademark in question had already been removed from the register. Since the relief sought was no longer necessary due to this prior action, the petition was declared infructuous.
Sowkhya Way2 Health Private Limited v.Dr.Isaac Mathai; Soukya Indian Holistic Centre Pvt. Ltd.; The Registrar of Trademarks
In a matter concerning the removal and rectification of trademarks, Sowkhya Way2 Health Private Limited filed two petitions against Dr. Isaac Mathai and others. However, citing a prior memorandum of compromise between the parties, the petitioner subsequently withdrew both petitions. The Madras High Court accepted the withdrawal, dismissing the cases without making any ruling on the merits or costs.
Rallifan Ltd. v.Registrar of Trademarks
Rallifan Ltd. filed a petition seeking the removal or rectification of a trademark registration (No. 1213190) from the register. However, before the court could rule on the merits of the case, the petitioner filed a memo stating that the parties had reached an out-of-court settlement. Consequently, the Madras High Court dismissed the petition as withdrawn.
Rajesh Kumar Naredi Trading as Visesh Appliances v.Rallifan Limited
The Madras High Court dismissed the petition filed by Rajesh Kumar Naredi against Rallifan Limited concerning the rectification of Trademark No. 306508 in Class 11. The dismissal occurred because both parties had reached a settlement agreement, which was formally recorded by the court. This outcome highlights how out-of-court settlements can resolve complex intellectual property disputes efficiently.
F.Hoffmann-La Roche Ltd. v.Aurobindo Pharma Limited
F.Hoffmann-La Roche Ltd. filed a petition seeking revocation of Indian Patent No. 216665 against Aurobindo Pharma Limited and the Controller of Patents. The court noted that the patent's term had expired on June 24, 2014, rendering the matter infructuous.
F.Hoffmann-La Roche Ltd v.Mylan Laboratories Limited
F.Hoffmann-La Roche Ltd filed a petition seeking the revocation of Patent No. 205706 held by Mylan Laboratories Limited and the Controller of Patents. However, the court noted that the term of Patent No. 205706 had already expired on June 4, 2021.
Ranbaxy Laboratories Ltd. v.Novartis AG
Ranbaxy Laboratories Ltd. filed a petition seeking the revocation of Patent No. 212815 titled “N-substituted 2-cyanopyrrolidines” under Section 64 of the Patents Act, 1970. The court dismissed the petition as infructuous after noting that the patent term had already expired and the petitioner had previously requested withdrawal.
F.Hoffmann-La Roche Ltd v.Natco Pharma Limited
F.Hoffmann-La Roche Ltd filed a petition seeking the revocation of Patent No. 252762. The court noted that the term of this patent had already expired on February 3, 2014.
F.Hoffmann-La Roche Ltd v.Mylan Laboratories Limited
F.Hoffmann-La Roche Ltd filed a petition seeking the revocation of Patent No. 205706. However, the petitioner's counsel submitted that the term of the patent had already expired on June 4, 2021.
Abs Global, Inc. v.Cytonome/ST, LLC
Abs Global, Inc. filed a petition seeking the revocation of Patent No. 240790 granted to Cytonome/ST, LLC. However, the court noted that leave had been granted in another proceeding for the petitioner (and defendants) to withdraw the revocation proceedings. Consequently, the High Court dismissed the current petition as withdrawn.
F.Hoffmann-La Roche Ltd v.Matrix Laboratories Limited
F.Hoffmann-La Roche Ltd filed a petition seeking revocation of Patent No. 224634, which was granted to Matrix Laboratories Limited. The court noted that the term of Patent No. 224634 had expired on the date of the judgment.
Lupin Limited v.Dong-A ST Co., Ltd.
Lupin Limited filed a petition seeking the revocation of Patent No. 236862 granted to Dong-A ST Co., Ltd. However, the petitioner subsequently informed the court that they would not prosecute the matter further due to the patent's term expiring shortly.
Delight Chemicals Private Limited v.Ganga Yallappa trading as Sarpa Paint
The Madras High Court dismissed several petitions filed by Delight Chemicals Private Limited seeking the removal or rectification of trademarks registered under Ganga Yallappa. The court noted that the petitioner had previously won a suit for infringement and passing off against the respondent in 2019. Crucially, the respondents submitted that the subject trademark had not been renewed since 2017. Based on this development, the High Court found that there was nothing left to adjudicate in the pending petitions, leading to their dismissal as infructuous.
Bioviz Technologies Pvt Ltd v.Schering Corporation
Bioviz Technologies Pvt Ltd filed a petition seeking the revocation of Indian Patent No. 207233 held by Schering Corporation. The court noted that the term of the patent had already expired on March 24, 2019.
Matrix Labs. Limited v.Astellas Pharma Europe Bv
Matrix Labs. Limited filed a petition seeking revocation of Indian Patent No. 234753. However, the court noted that the term of the subject patent had already expired on June 25, 2017.
T.A.S. Safraj Khan (USI Traders) v.S.A.Safiullah and The Controller of Patents
The petitioner filed a petition seeking the revocation of Patent No. 198079, which was granted to S.A.Safiullah by The Controller of Patents. However, the respondent submitted that the term of the patent had already expired, rendering the matter infructuous.
N.Solomon v.S.A.Safiullah and The Controller of Patents Patent Office
N.Solomon filed a petition seeking the revocation of Patent No. 198079, which was granted to S.A.Safiullah. The court noted that the term of the said patent had expired.
T.A.S. Safraj Khan (USI Traders) v.S.A.Safiullah and The Controller of Patents
The petitioner filed a petition seeking the revocation of Patent No. 198079, which was granted by the Controller of Patents to S.A.Safiullah. The first respondent submitted that the term of the patent had expired, rendering the matter infructuous.
G.Daniel v.S.A.Safiullah and Company
G.Daniel filed a petition seeking the revocation of Patent No. 198079 under Section 64 of the Patent Act, 1970, alleging it lacked novelty and/or inventive subject. The respondent submitted that the term of the said patent had already expired.
B.Kailasam Sole Proprietor of M/s.Sri Ayyappan Fine Arts v.S.A.Safiullah an Indian National, trading as Sole Proprietor in the name and style of S.A.SAFIULLAH & CO
The petitioner filed a petition seeking the revocation of Patent No. 198079, which was granted to the first respondent. The court noted that the term of the said patent had expired.
Wipro Enterprises Limited v.Zydus Wellness Products Limited
Wipro Enterprises Limited filed a suit against Zydus Wellness Products Limited and others alleging passing off concerning its glucose-based chewy tablet brand, BOLTS, versus the defendants' product under the mark VOLT. The plaintiff sought permanent injunctions regarding trademark infringement, tag line similarity, and packaging get-up. While initial prayers related to the tagline and color scheme were dropped due to prior compromises, the core dispute over the 'VOLT' mark remained central. The court ultimately directed the defendants to pay costs to the plaintiff.
Agsar Match Industries v.Sundarapandian Trading as Gerizim Chemicals
Agsar Match Industries filed a suit against Sundarapandian Trading as Gerizim Chemicals alleging both trademark and copyright infringement, along with passing off. The dispute was resolved through a mutual agreement between the parties. The court examined the memorandum of compromise dated 23.08.2022 and found no legal impediment to its terms. Consequently, the suit was decreed based on the settlement.
Agsar Match Industries v.Sundarapandian Trading as Gerizim Chemicals
Agsar Match Industries filed a suit against Sundarapandian Trading as Gerizim Chemicals alleging both trademark and copyright infringement, along with passing off. The dispute was resolved through a memorandum of compromise executed by both parties on August 23, 2022. Consequently, the Madras High Court decreed the case based on the terms of this settlement, allowing the defendant to use a specified label.
Ms.Y.Aafiya Halima v.Hindustan Institute of Technology and Science
The suit was filed by Ms. Y. Aafiya Halima against Hindustan Institute of Technology and Science alleging copyright infringement related to 'Almond and Coconut Cottage Cheese' and seeking relief regarding an Australian patent application. The dispute was amicably resolved through negotiations, leading to a compromise memo.
Ms.Y.Aafiya Halima v.Hindustan Institute of Technology and Science
The suit was filed by Ms.Y.Aafiya Halima alleging copyright infringement concerning her work on 'Almond and Coconut Cottage Cheese' and seeking relief relating to an Australian patent application for the same product. The dispute was amicably resolved through negotiations, leading to a joint compromise memo.
Amaravathi Restaurants Private Limited v.Karaikudi Chettinad Mess
The Madras High Court ruled in favor of Amaravathi Restaurants Private Limited, finding that the defendant's use of 'KARAIKUDI CHETTINAD MESS' constituted trademark infringement and passing off against the plaintiff's registered marks. The court granted permanent injunctions restraining the defendant from using the similar trade name for hospitality services. Furthermore, the defendant was ordered to surrender all infringing materials, although claims for damages and rendition of accounts were rejected due to lack of evidence or representation.
M/s.Neuberg Hitech Laboratories Pvt. Ltd. v.Dr.Ganesan'S Hitech Diagnostic Centre Pvt. Ltd.
This Madras High Court order addressed applications seeking to vacate existing interim injunctions in a trademark infringement suit between Neuberg Hitech Laboratories and Dr. Ganesan's Hitech Diagnostic Centre. The court upheld the injunction regarding the mark 'Hitech,' noting its long-standing use, but modified the protection for the corporate name. Regarding device marks like 'Nalam,' the court found them to be descriptive and limited the scope of protection only to identical or deceptively similar composite marks, allowing defendants broader usage.
M/s.Five Star Films Pvt. Ltd. v.Karthik Subbaraj.G
M/s.Five Star Films Pvt. Ltd filed a suit seeking declaration of ownership over the copyrights of its film 'Jigardhanda', damages, and permanent injunction against Karthik Subbaraj.G for alleged infringement. The parties subsequently executed a Joint Compromise Memo.
M/s.Langro-Chemie Theo Lang Gmbh v.Mr.N.Balaji
The Madras High Court ruled in favor of M/s. Langro-Chemie Theo Lang Gmbh, granting a substantial judgment for the recovery of dues and permanent injunctive relief. The suit involved claims related to goods supplied and investments made towards a joint venture that failed to materialize. Crucially, the court also recognized the plaintiff's registered trademark rights, ordering all defendants to cease any infringement of the 'Langro' trade name and associated logo. This judgment underscores the dual nature of IP disputes, combining commercial debt recovery with protection of intellectual property assets.
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