M.Jaichandren
8 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
8 cases indexed | Page 1 of 1
Salzer Electronics Limited v.S.G.Controls & Switchgear (P) Ltd.
Salzer Electronics Limited appealed against a single judge's order that dismissed its applications seeking temporary injunctions regarding alleged infringement and passing off of its registered patent. The High Court set aside the impugned order, finding it lacked necessary details and discussion on the merits of the case.
Standard Corporation India Ltd. v.Tractors and Farm Equipment Ltd.
The appeal challenged an order that rejected a claim filed by Tractors and Farm Equipment Ltd. against Standard Corporation India Ltd. The suit involved allegations of copyright infringement and passing off related to tractor drawings. The appellant argued the suit was barred because the design had been used more than 50 times without registration under the Designs Act, 1911.
Dr.Aloys Wobben v.Intellectual Property Appellate Board
Dr. Aloys Wobben challenged orders passed by the Intellectual Property Appellate Board (IPAB) which had cancelled his patents against him. The core issue before the Madras High Court was whether the IPAB possessed the jurisdiction under Section 64 of the Patents Act, 1970, to examine the validity of a resolution used to authorize actions.
Eatman Foods India Private Limited v.M/s Savorit Ltd.
Eatman Foods India Private Limited appealed the dismissal of its injunction application against M/s Savorit Ltd., alleging infringement and passing off due to the phonetic and visual similarity between their trade marks ('Tastee Masala' vs 'TASTII'). The respondent argued that the products were different, and since only the label was registered, no exclusive right could be claimed over individual words. The High Court upheld the single judge's decision.
Orchid Chemicals & Pharmaceuticals Ltd. v.Wockhardt Limited
Orchid Chemicals & Pharmaceuticals Ltd. appealed against the dismissal of its interim injunction application, alleging that Wockhardt Limited was infringing their registered trademark "METO" with "METOX". The court dismissed the appeal, holding that the appellant could not maintain the suit because the required assignment deed procedure under the Trade Marks Act, 1999, had not been completed.
Jagdale Industries Limited v.Halewood Laboratories Pvt. Ltd.
Jagdale Industries Limited appealed an order dismissing its application for leave to sue Halewood Laboratories Pvt. Ltd. and others regarding alleged infringement of Patent No. 247946, which covers a fruit juice based electrolyte energy drink. The High Court dismissed the appeal, holding that the appellant failed to demonstrate sufficient evidence or causal link showing that a part of the cause of action arose within the court's territorial jurisdiction.
M/s.Bharat N.Parikh And Rajen A.Kamdar (Safe Earthing Electrodes / Kalpana Electric Co.) v.M/s.Ashok Tripathy (Ashlok)
The Madras High Court allowed appeals filed by M/s. Bharat N. Parikh and Rajen A. Kamdar against an injunction granted in a trademark dispute involving earthing electrodes. The core issue revolved around whether the plaintiff's unregistered mark 'S.E.E.' could prevent the defendant from using a similar mark, despite the defendant having prior registration rights for their own mark. The court emphasized that while infringement requires registration, passing off (a common law remedy) is available to prior users, allowing the matter to be remanded back to the trial court for a comprehensive review of all facts.
Dr. Anji Reddy (Appellant) v.Hoechst Aktiengesellschaft
The Madras High Court allowed an appeal filed by Hoechst Aktiengesellschaft against a single judge's decision, restoring the original trademark registration order. The dispute centered on whether the mark 'Novigan,' applied for in Class 5 (pharmaceutical preparations), was deceptively similar to the existing registered mark 'Novalgin.' The court found that despite structural similarities, the marks were phonetically and visually distinct enough not to cause confusion among the general public. This ruling emphasizes deference to technical authorities like the Assistant Registrar when assessing trademark similarity.
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