Biotech — India Trademark Cases
5 decisions indexed
Page 1 of 1 · 5 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.
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.
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.
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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