Bench:Senthilkumar Ramamoorthy
397 IP cases indexed. Covers trademark, patent matters.
Cases Presided Over
397 cases indexed | Page 14 of 14
Netsweeper Inc. v.Netsweeper Technologies Private Limited & Others
Netsweeper Inc. filed a suit against several entities for passing off its corporate name 'NETSWEEPER' and infringing on its trademark rights. The plaintiff sought damages, permanent injunctions, and an accounting of profits derived from the deceptive use of the brand. While the court addressed multiple claims including licensing fees and tax debts owed to the government, the judgment primarily focused on restraining the defendants from using or dealing with the 'NETSWEEPER' name in a manner that suggests affiliation with the plaintiff.
M/S.Godaddy.Com Llc v.M/S.Puravankara Projects Limited
The Madras High Court addressed a dispute over domain name infringement brought by M/S.Puravankara Projects Limited against Godaddy.com LLC and its Indian subsidiary. While the court acknowledged the Plaintiff's trademark rights, it significantly curtailed the scope of the suit. The mandatory injunction seeking removal of infringing trademarks was rejected due to lack of necessary parties, but the Plaintiff was allowed to proceed regarding alleged liability arising from the Defendants' use of domain suggestion tools.
Dr.S.Chandralekha / M/s.Iswarya Fertility Services Pvt. Ltd. v.Dr.Aravind Chander
The Madras High Court addressed applications filed by the defendant, Dr. Aravind Chander, challenging the jurisdiction and maintainability of a trademark infringement suit brought by Dr. S. Chandralekha and M/s. Iswarya Fertility Services Pvt. Ltd. The court rejected arguments regarding lack of territorial jurisdiction, finding that the plaintiff could establish personal work for gain in Chennai under Section 134(2) of the Trade Marks Act. Furthermore, the court ruled that the non-joinder of a related entity was not fatal to the suit's maintainability.
Preeti / Kosmos Global v.Suresh R. Jain
This case involved allegations by Preeti (Kosmos Global) against Suresh R. Jain for infringing their registered copyright and passing off their hair colour products under the trademark 'BEAUTE BLANC'. The dispute centered on the defendant's use of a similar pack/carton design and the name 'Skenique'. Ultimately, both parties reached a settlement agreement, leading to the court decreeing the suit based on the terms of the joint memo.
M/s.R.K.Ganapathi Chettiar v.Kothai Dairy Farm
M/s.R.K.Ganapathi Chettiar filed a suit against Kothai Dairy Farm and others alleging infringement of their trademarks and copyrights related to the product 'ghee'. The plaintiff sought permanent injunctions, damages, and rendition of accounts due to alleged passing off and unauthorized use of artistic works and trade dress. Ultimately, the parties reached a Joint Compromise Memo on 21.03.2022, which was subsequently decreed by the Madras High Court.
M/s.R.K.Ganapathi Chettiar v.Kothai Dairy Farm
M/s.R.K.Ganapathi Chettiar filed a suit against Kothai Dairy Farm and others alleging infringement of their trademarks and copyrights concerning the product 'ghee'. The plaintiff claimed that the defendants were passing off goods using deceptively similar artistic works, trade dress, and color combinations associated with the plaintiff's registered trademark (No. 463167). Despite the initial claims for injunctions and damages, the parties ultimately resolved their dispute by entering into a Joint Compromise Memo dated March 21, 2022.
Beardsell Limited v.Beardsell Polymers Pvt. Ltd.
The Madras High Court ruled in favor of Beardsell Limited, granting a perpetual injunction against two defendants (Beardsell Polymers Pvt. Ltd. and Beardsell Equipments Pvt. Ltd.) for passing off the company's trademark 'Beardsell'. The court found that these entities unlawfully appropriated the Plaintiff's established corporate name and were carrying on similar lines of business, risking public deception. Consequently, the injunction was granted, barring them from using or advertising the mark.
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