Elipe Dharma Rao
3 IP cases indexed. Covers trademark, patent matters.
Cases Presided Over
3 cases indexed | Page 1 of 1
Rhizome Distilleries Pvt.Ltd. v.Union Of India
The Madras High Court ruled in favor of Rhizome Distilleries, quashing an Intellectual Property Appellate Board (IPAB) order that sought to remove its 'IMPERIAL GOLD' trademark. The court held that the IPAB erred by applying grounds for refusal—which should have been raised at the time of initial registration—to a rectification application filed much later. Given that the petitioner had used the mark and faced prior objections which were withdrawn, the High Court found the subsequent attempt to cancel the mark was legally unsustainable.
Bajaj Auto Ltd. v.TVS Motor Company Ltd.
Bajaj Auto Ltd. appealed against an order directing them (the defendant in the original suit) to start leading evidence, while Bajaj Auto was the appellant. The original suit filed by TVS Motor Company Ltd. claimed that its product, TVS Flame, did not infringe Patent No. 195904 held by Bajaj Auto. The court ruled that since the plaintiff's suit was for declaration of non-infringement and damages, they should have been directed to lead evidence first.
Ravikanth Shinde v.Managing Director, Gujarat Heavy ...
The petitioner filed a writ petition against respondents for manufacturing and marketing 'kitchen salt' under the trade mark Dandi, which included a pictorial representation suggesting an association with Mahatma Gandhi's Dandi March. The petitioner argued this violated the Emblems and Names (Prevention of Improper Use) Act, 1950. The court found that both the name and the picture created an impression related to Mahatma Gandhi and thus violated the Act.
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