Biotech — India Trademark Cases
11 decisions indexed
Page 1 of 1 · 11 total
Dr. K. Sudhagar / M/s.Gamete Cells Science Healthcare Private Limited v.P.Raja / M/s.ART VITROLABS INDIA PRIVATE LIMITED / The Registrar of Trade Marks
The Madras High Court disposed of a complex suite of trademark infringement and rectification cases involving 'VITRO LAB' after the parties reached an amicable resolution. The plaintiffs, Dr. K. Sudhagar and M/s.Gamete Cells Science Healthcare Private Limited, had filed suits seeking injunctions against passing off and damages from P.Raja and M/s.ART VITROLABS INDIA PRIVATE LIMITED. Simultaneously, Original Petitions were filed to rectify the trademark register concerning related marks. The court formally closed all proceedings based on a Memorandum of Understanding executed between the parties.
Pathkind Diagnostics Private Limited v.Registrar Of Trade Marks
The Delhi High Court allowed the appeal filed by Pathkind Diagnostics Private Limited against the Registrar of Trade Marks' rejection of its trademark application for 'PATHKIND LABS'. The core issue was the existence of cited marks owned by the petitioner's director. By presenting an Assignment Deed and a No Objection Certificate (NOC), the court found that the ground for rejection had been sufficiently addressed. Consequently, the application was directed to be accepted and advertised in the Trademark Journal.
Biotech Visioncare Pvt Ltd. v.Registrar Of Trade Marks
The Gujarat High Court quashed an earlier rejection order issued by the Registrar of Trademarks against Biotech Visioncare's trademark application for 'BIOVISION'. The petitioner successfully argued that a subsequent successful registration of the same mark provided grounds to reconsider the initial denial. Consequently, the court directed the Trademark Registry to freshly hear the original 2016 application while taking into account the later certificate of registration.
Piyush Agrawal v.Velbiom Probiotics Pvt. Ltd.
The Delhi High Court issued a significant interim order in the trademark infringement suit filed by Piyush Agrawal against Velbiom Probiotics. The court granted an initial restraint, requiring the defendants to confine their use of the mark 'Happy Cultures' solely to Prebiotic and Probiotic products until further hearing. Furthermore, the plaintiff was permitted to file additional documents, while the court also exempted the case from mandatory pre-institution mediation due to its urgent nature.
Vignesh Kumar Sivakumar v.The Assistant Registrar of Trademarks
The Madras High Court allowed the writ petition filed by Vignesh Kumar Sivakumar against the Assistant Registrar of Trademarks. The court quashed the order that deemed his word mark application 'LABAPEN' abandoned due to failure to respond to an opposition notice. Citing previous precedent, the court held that service via email alone is insufficient when the applicant cannot prove receipt, thereby protecting the substantive rights of trademark applicants. Consequently, both the application and the opposition were restored for fresh consideration.
Aarogyaai Innovations Private Limited v.Ashok Kumar
The plaintiff, AarogyaAI Innovations Private Limited, holds registered trademarks for 'AarogyaAI', a software that uses AI to analyze genomic data for diagnosing drug-resistant tuberculosis. The plaintiff filed suit alleging that Defendant No. 1 and Defendant No. 2 fraudulently purchased similar domain names (aarogyaai.com and aarogyaai.in), causing potential misrepresentation and trade mark infringement. The court found the defendants liable and decreed the suit.
Swasth Digital Health Foundation v.Trade Marks Registry
The Madras High Court allowed an appeal filed by Swasth Digital Health Foundation against the Trade Marks Registry's refusal to register its composite mark. The court held that the mark, taken as a whole, possesses sufficient distinctiveness for registration. Furthermore, the court ruled that the Registrar exceeded his statutory authority by restricting the use of national flag colors in the device, emphasizing that an owner has the freedom to choose their color scheme unless explicitly restricted by law.
Amgen Inc v.The Registrar of Trademarks
Amgen Inc filed a Civil Miscellaneous Appeal challenging the Registrar of Trademarks' refusal to register the mark 'SILIQ' in Class 5. The appeal sought to set aside the previous order and allow the trademark registration to proceed. However, before the court could rule on the merits of the case, Amgen Inc submitted a memo requesting the withdrawal of the appeal. Consequently, the Madras High Court dismissed the appeal as withdrawn.
M/S. Paam Biotech Pvt. Ltd. v.Registrar Of Trademarks, Govt. Of India
Paam Biotech Pvt. Ltd. filed a writ petition seeking an expeditious disposal of its long-pending trademark registration application for 'DELPAR.' The Rajasthan High Court intervened, directing the Registrar of Trademarks to process and decide the application no. 2192781 as quickly as possible, specifically within three months from receiving the court order. This ruling provides a crucial timeline for the petitioner's intellectual property rights.
USV Private Limited v.Martin And Brown Bio Sciences
In this Delhi High Court order, USV Private Limited sought relief against Martin And Brown Bio Sciences regarding alleged trademark infringement. While the court allowed both parties to submit further documentation and cure deficiencies, it also issued a temporary restraint on the defendant from using the disputed or similar trademarks. The proceedings were set for further action, including a potential joint application to dispose of the suit.
USV Private Limited v.Akme Biotec
The Delhi High Court granted an interim injunction in favor of USV Private Limited against Akme Biotec. The court found that USV had established a prima facie case regarding trademark infringement, noting that the defendant was attempting to capitalize on the goodwill associated with USV's registered marks (VI-SYNERAL/VISYNERAL). Consequently, the defendant and its associates were restrained from using any deceptively similar trademarks until further orders.
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