United Biotech Private Limited v. Cipla Limited And Anr.

Roxtec Ab & AnrvsSukant Chakravarty & Ors

The Delhi High Court addressed an application filed by Roxtec Ab & Anr seeking permission to file rectification petitions against registered trademarks, which the defendants argued were monopolizing common industry terms. The court examined the claims related to a 'Bulls Eye' device mark and the slogan 'We Seal Your World'. While addressing the scope of trademark rights, the Court ultimately disposed of the application but framed an issue regarding whether Roxtec India Private Limited (Plaintiff No. 2) was a necessary party in the ongoing suit.

M/S. Hatsun Agro Product LimitedvsH.Omar Farook and The Registrar of Trade Marks

M/S. Hatsun Agro Product Limited filed a petition seeking the cancellation and rectification of Trademark No. 2555577 in Class 25, arguing its invalidity or non-use. However, upon receiving an affidavit from the first respondent, H.Omar Farook, which confirmed that the trademark had expired on June 27, 2023, and that he would not renew it, the Madras High Court dismissed the petition as infructuous. This outcome highlights how a simple change in registration status can immediately resolve complex IP disputes.

Ultratech Cement LimitedvsHari Om Plasters

Ultratech Cement Limited filed a suit against Hari Om Plasters alleging trademark infringement concerning various 'BIRLA' branded products. The court, after reviewing the site report and inventory of seized goods, granted leave to the plaintiffs. Crucially, the court passed a temporary order restraining the defendants from using any mark identical or deceptively similar to the registered 'BIRLA' trademarks, including specific variants like 'BIRLA WHITE' and 'BIRLA PLUS', pending the final hearing of the suit.

M/s.Kaleeswari Refinery Private LimitedvsM/s.Sri Dhanalakshmi Traders

M/s.Kaleeswari Refinery Private Limited filed a suit against M/s.Sri Dhanalakshmi Traders alleging infringement of its registered trademark 'Gold Winner' and copyright in the associated artistic work and trade dress used on edible oil packaging. The plaintiff sought permanent injunctions to restrain the defendant from using the deceptively similar mark 'Niju Gold' and passing off inferior products. Both parties subsequently reached a settlement, leading the Madras High Court to dispose of the captioned suit based on the terms of the Joint Compromise Memo.

Solera Holdings, Inc.vsSolera Networks Inc.

The Madras High Court dismissed a petition filed by Solera Holdings, Inc. seeking the cancellation of Trademark No. 1795016 registered in the name of Solera Networks Inc. The court noted that the trademark registration had already expired on March 13, 2019. Consequently, since the mark was no longer valid, the petition became infructuous and was dismissed without any order regarding costs.