Madras High Court | Intellepedia

Madras High Court Overturns Patent Refusal under section 3(d), Reiterates Importance of Reasoned Orders and Natural Justice

The Madras High Court set aside a patent refusal under section 3d, citing lack of procedural fairness and insufficient reasoning. The Court directed reconsideration, underscoring the necessity of reasoned orders and respect for principles of natural justice in patent proceedings.

Classic Fireworks’ Trademark goes up in smoke, Eagle wins over Garuda

The Madras High Court set aside the registration of the Garuda mark, citing a likelihood of confusion with SIECO’s prior Eagle trademark. The court found that the marks’ similarities could mislead consumers and rejected the defence of acquiescence.

Madras High Court Upholds Patent Validity in Embio Limited vs. Malladi Drugs & Pharmaceuticals

The Madras High Court affirmed the validity of Malladi Drugs’ patent for chiral beta-amino alcohols, highlighting the invention’s novelty and inventive step. The judgment clarifies key principles on patent revocation and the definition of a “person interested” under Indian patent law.

Court directs cancellation of “STAR” Trademark for lack of honest and concurrent use

The Madras High Court cancelled the STAR trademark held by S Star Trading Co., recognising the Petitioner’s prior use and distinctiveness. The Court found the Respondent’s adoption of the mark dishonest and likely to cause confusion, directing cancellation for lack of honest and concurrent use.

Patent Application Rejection Set Aside for Improper Citation of Withdrawn Prior Art

The Madras High Court overturned a patent rejection due to improper citation of withdrawn prior art, directing a fresh examination. The case highlights the necessity for strict compliance with procedural safeguards in Indian patent proceedings.

Refusal of FACT Trademark for Air/Water Purification Products Set Aside

The Madras High Court reversed the refusal of the FACT trademark for air and water purification products, noting clear sectoral distinctions from existing marks. The decision underscores the importance of distinctiveness and product classification in trademark registration.

CIT Trademark: Coimbatore Institute of Technology Prevails over Chennai Institute of Technology

The Madras High Court ruled that Coimbatore Institute of Technology’s prior use entitled it to exclusive rights over the CIT trademark. The court ordered the removal of the respondent’s registration, highlighting the importance of distinctiveness and transparency in trademark disputes.

SCRUM Alliance’s Rectification Petition relating to ‘CSM’ Mark Dismissed based on Honest/Concurrent Use

The Madras High Court dismissed Scrum Alliance’s petition for rectification of the CSM trademark, citing insufficient proof of prior use and upholding honest and concurrent use by the respondent. The decision clarifies the application of Section 34 of the Trade Marks Act regarding concurrent rights.

Subsequent User’s ‘Suguna’ Trademark for Grinders Rectified Despite Proof of Use from 2001

The Madras High Court cancelled the SUGUNA trademark registration for grinders, favouring prior user rights of the petitioners with established goodwill since 1959. The respondent’s claims of honest concurrent use were rejected due to insufficient evidence.

Copyright Disputes in Partnerships are Arbitrable

The Madras High Court has clarified that copyright disputes arising within partnerships, particularly as matters of misuse of partnership assets, are arbitrable. This case demonstrates the enforceability of arbitration clauses in partnership deeds for resolving such disputes under Indian law.