Madras High Court Says 2003 MoU Did Not Permit Additional Beardsell Companies To Use Corporate Name

The Madras High Court has upheld a permanent injunction restraining two companies incorporated as sister concerns of Beardsell Eastern Pvt Ltd from using the corporate name "Beardsell". The court held that a 2003 Memorandum of Understanding (MoU) permitted the establishment of only "a new company" and did not authorise the incorporation of additional entities using the name. A Division Bench of Justice P. Velmurugan and Justice K. Govindarajan Thilakavadi dismissed an intra-court appeal filed...

Madras High Court Grants ITC Interim Injunction Over Alleged Infringement Of Classmate Trademark

The Madras High Court has granted an interim injunction in favour of ITC Limited. The injunction restrains traders from manufacturing, selling, marketing or otherwise dealing in products bearing the mark "CLASSMAN" or any mark alleged to be identical or deceptively similar to ITC's registered trademark "CLASSMATE", pending disposal of the suit.Justice N. Senthilkumar passed the order on May 13 in seven applications filed by ITC. The applications sought reliefs relating to trademark infringement,...

Madras High Court Issues Notice On Plea To Stop Telugu Dub Release of Mohanlal's Drishyam 3

Film production company Rajkumar Theatre Pvt. Ltd. has approached the Madras High Court seeking to restrain the producers and director of Malayalam movie “Drishyam 3."When the case came up before the vacation court, Justice V Lakshminarayanan admitted the plea and issued notice to the defendants. Notices have been issued to Aashirvad Cinemas (producer of the movie), director Jeethu Joseph and Panorama Studio, which has acquired the worldwide theatrical and digital rights of the movie. The...

Madras High Court Refuses To Reject Seven Arts' Copyright Suit In Hera Pheri Remake Rights Dispute

The Madras High Court has dismissed filmmaker Firoz Nadiadwala's plea seeking rejection of a copyright infringement suit filed by Seven Arts International Limited. The suit concerns alleged remake rights to the Malayalam films Ramji Rao Speaking and Mannar Mathai Speaking, which Seven Arts claims form the basis of the Bollywood Hera Pheri franchise. Justice Senthilkumar Ramamoorthy passed the order on April 24. Seven Arts claimed in the suit that it acquired remake rights to both films through...

Madras High Court Restrains MRF's Former Dealer, Another Delhi Entity From Using Its Trademark

The Madras High Court has granted temporary relief to MRF restraining two Delhi-based entities from using its trademarks in relation to their business after MRF alleged that one of them continued displaying the marks at trade exhibitions despite a written undertaking not to do so. Justice Senthilkumar Ramamoorthy passed the order on April 29 in a suit filed by MRF seeking relief for alleged trademark infringement, copyright infringement, and passing off against Conveyo Belt Centre and Shri Ram...

Madras High Court Says No Cheque Bounce Prosecution If Underlying Arbitral Award Was Challenged

The Madras High Court has recently quashed cheque bounce proceedings against a builder after finding that he had challenged the arbitral award cited as the basis of the alleged liability before the cheque was allegedly issued. Justice G.K. Ilanthiraiyan said, “Even before the date of issuance of the cheque i.e. 15.07.2019, the accused challenged the very arbitration award before this Court as early as on 11.02.2019 in Arb.OP.Nos.381 and 382 of 2019. Therefore, the accused would not have issued...

Private Arbitration Cannot Override Statutory Labour Adjudication: Madras High Court

The Madras High Court has recently held that statutory labour adjudication cannot be displaced by private contractual arbitration where statutory worker rights are involved.A Division Bench of Justice P Velmurugan and Justice K Govindarajan Thilakavadi observed, “While the Arbitration and Conciliation Act, 1996 governs voluntary arbitration, the Industrial Disputes Act, 1947 is a specialized social legislation designed to protect workers, and its mandatory procedures cannot be over ridden by...

Madras High Court Restrains Unauthorised Broadcast Of Upcoming Varun Dhawan Film 'Hai Jawani Toh Ishq Hona Hai'

The Madras High Court has restrained unauthorised broadcast of Tips Films' upcoming Varun Dhawan-starrer Hindi film 'Hai Jawani Toh Ishq Hona Hai' after the company apprehended copyright infringement ahead of its May 22 release. Justice P.B. Balaji passed the ruling on May 6. The production company told the Court that it holds CBFC certificates for the film's teaser and its audio-visual songs dated April 2 and April 16. With the film set to release on May 22, the company said it...

HC Master's Order In Arbitration Execution Treated As Commercial Division Order, Not Appealable: Madras High Court

The Madras High Court has recently held that when a Master passes an order in execution of an arbitral award arising out of a commercial dispute, the order is equivalent to one passed by the Commercial Division of the High Court itself and cannot be challenged again before the Commercial Division. "When a Master passes an order in an Execution Petition filed under Section 36 of the Arbitration Act, the said order is equivalent to the order of the Commercial Division of the High Court and there...

Madras HC Refuses To Strike Off Suit In Dispute Over 49th South India Motor Rally Despite Arbitration Clause

The Madras High Court has refused to strike off a civil suit over disputes relating to a motorsports event, including the 49th South India Rally, holding that the existence of an arbitration clause does not by itself bar the jurisdiction of a civil court. “Further, the existence of an arbitration clause does not ipso facto bar the jurisdiction of the Civil Court unless the procedure contemplated under the Section 8 of the Arbitration and Conciliation Act, 1996 is duly invoked before the...

Madras High Court Paves Way for Release of Gautham Vasudev Menon's Dhruva Natchathiram Subject To Conditions

The Madras High Court recently permitted the release of Dhruva Natchathiram, a Gautham Vasudev Menon directorial, subject to the condition that pre-release payments be made to creditors and that all revenues from the film be routed through a court-monitored bank account. The film, which stars Chiyaan Vikram in the lead role, has been delayed by nearly eight years since it was first slated for release. The injunction had originally been obtained in 2023 by two parties to the production...

Re-Export Does Not Absolve Importers From Penalty For Misdeclaration Under Customs Act: Madras High Court

The Madras High Court has held that an importer cannot escape penalties for misdeclaration and use of false documents merely by opting to re-export the goods after detection. "The order of re-export on payment of redemption fine will not absolve the penal consequence envisaged under the Customs Act, 1962. If this proposition of the CESTAT is to be approved, then all illegal importers, if caught, will offer to pay a paltry sum as fine in lieu of redemption of the goods and re-export the...