Judge Profile

V.Periya Karuppiah

6 IP cases indexed. Covers patent, design, copyright, trademark matters.

Cases Presided Over

6 cases indexed | Page 1 of 1

patent mixed · Jul 10, 2012

This Application Has Been Filed Seeking ... v.Ashok Leyland Limited And Another

Madras High Court · O.A.Nos.446 and 447 of 2011 in C.S.No.345 of 2011

The Madras High Court addressed applications seeking interim injunctions concerning the trademark 'O2'. While the court found that the plaintiff had established a prima facie case for passing off, it ultimately denied the request for infringement relief. The judge ruled that despite concerns about delay, the applicant was entitled to an interim injunction specifically regarding the act of passing off by the respondent.

patent interim order · Jul 6, 2012

A.R. Safiullah v.A. Sowkath Ali

Madras High Court · O.A.Nos.304 to 306 of 2009 in C.S.No.282 of 2009

The petitioner sought ad-interim injunctions against the respondents regarding infringement of his registered patent (No. 198079) and registered design (No. 182931), as well as passing off related to artificial laminated banana leaves. The court found that while the claim for restraining patent infringement was not grantable, interim injunctions were allowed for design infringement and passing off.

design defendant favorable · Apr 12, 2012

Indecon Structurals Pvt. Ltd. v.Ultra Tiles Pvt. Ltd.

Madras High Court · A.S.No.433 of 1999 (Appeal against O.S.No.1 of 1996)

The appellant (Indecon Structurals) filed an appeal challenging the trial court's dismissal of its suit alleging infringement and passing off related to its unique 'Aquarius' tile design. The core dispute involved whether the plaintiff, who claimed copyright over the design drawing, could obtain injunction against the defendant for manufacturing identical tiles, especially since the design was registered in favor of the respondent.

copyright plaintiff favorable · May 5, 2011

Sheila Cine Arts v.Gemini Pictures Circuits Private Limited

Madras High Court · O.S.A.No.328 of 2007

The plaintiff, a cine film production firm, sued the respondent (a laboratory) for damages after copies of their film 'Manasu' were illegally pirated from the laboratory. The trial court dismissed the suit, but the High Court appellate bench found that the defendant's employees were involved in video piracy and held them vicariously liable.

trademark defendant favorable · Dec 10, 2008

M/s.World Wide Brands Inc. v.Smt.Dayavanti Jhamnadas Hinduja, Smt.Janaki Madanlal Hinduja, Smt.Veena Rajendra Hinduja, Smt.Nalini Dinesh Hinduja (Trading as The Central Wearhouse) and The Assistant Registrar of Trade Marks

Madras High Court · Civil Revision Petition Nos.1047 to 1052 of 2006 and M.P.Nos.1 of 2006 & M.P.Nos.2 and 3 of 2006

M/s.World Wide Brands Inc challenged the Intellectual Property Appellate Board's order allowing the registration of 'Camel Collection' by local partners trading as The Central Wearhouse. The petitioner argued that their global reputation and prior use entitled them to exclusive rights, while the respondents claimed long-standing continuous use in India since 1992. The Madras High Court upheld the appellate board's finding that the petitioner failed to provide sufficient evidence of commercial publicity within India.

trademark defendant favorable · Nov 25, 2008

M/s.Orchid Chemicals & Pharmaceuticals Limited v.M/s.United Biotech Pvt. Ltd.

Madras High Court · O.S.A.No. 290 of 2008, O.S.A.Nos. 301 and 339 of 2008

Orchid Chemicals filed appeals challenging the dismissal of its application for interim injunction against United Biotech, which was marketing a product under the mark 'FORZID' in Tamil Nadu. The court examined claims of trade mark infringement and passing off regarding the pharmaceutical preparation ORZID.

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