Madras High Court
Manipal Holdings Private Limited vs Manipal Academy Of Higher Education ... on 30 November, 2023
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.11.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
(T)OP(TM)/217 to 221/2023
(ORA/68 to 72/2016/TM/CHN)
(T)OP(TM)/217/2023:
Manipal Holdings Private Limited
Rep. by its Syndicate House, Manipal 576 104. ...
Petitioner
-vs-
1.Manipal Academy of Higher education Deemed University,
Madhav Nagar, Manipal 576 119,
Karnataka.
2.The Registrar of Trade Marks
Trade Marks Registry, IP Building,
Guindy, Chennai. ... Respondents
(T)OP(TM)/218/2023:
Manipal Holdings Private Limited,
Rep. by its Syndicate House, Manipal - 576104 . ... Petitioner
-vs-
1.MEMG International India Private Limited,
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Manipal Towers,
14 Airport Road,
Bangalore - 560 008, Karnataka.
2.The Registrar of Trade Marks
Trade Marks Registry, IP Building,
Guindy, Chennai. ... Respondents
(T)OP(TM)/219/2023:
Manipal Holdings Private Limited,
Rep by its Syndicate House, Manipal 576104. ... Petitioner
-vs-
1.Manipal Academy of Higher education Deemed University,
Madhav Nagar, Manipal 576 119,
Karnataka.
2.The Registrar of Trade Marks
Trade Marks Registry, IP Building,
Guindy, Chennai. ... Respondents
(T)OP(TM)/220/2023:
Manipal Holdings Private Limited
Rep. by its Syndicate House, Manipal 576 104. ...
Petitioner
-vs-
1.Manipal Academy of Higher education Deemed University,
Madhav Nagar, Manipal 576 119,
Karnataka.
2.The Registrar of Trade Marks
Trade Marks Registry, IP Building,
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Guindy, Chennai. ... Respondents
(T)OP(TM)/221/2023:
Manipal Holdings Private Limited
Rep. by its Syndicate House, Manipal 576 104. ...
Petitioner
-vs-
1.Manipal Global Education Services Pvt. Ltd,
Manipal Tower, 14, Airport Road, HAL II Stage,
Bangalore 560 008.
2.The Registrar of Trade Marks
Trade Marks Registry, IP Building,
Guindy, Chennai. ... Respondents
PRAYER in (T)OP(TM)/217/2023: Transfer Original Petition
(Trademarks) filed under Sections 47, 57, 125 of the Trade Marks Act,
1999, praying to rectify the register by removing or expunging or
cancelling or modifying, the first Respondent's trade mark
'MANIPAL INSPIRED BY LIFE' label registered under no. 1319609 in
class 41 , with the dictum that it does not endow upon the First
Respondent, the exclusive rights to use or any monopoly over the
mark "Manipal".
PRAYER in (T)OP(TM)/218/2023: Transfer Original Petition
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(Trademarks) filed under Sections 47, 57, 125 of the Trade Marks Act,
1999, praying to rectify the register by removing or expunging or
cancelling or modifying, the First Respondent's trademark
"MANIPAL INSPIRED BY LIFE" label registered under no. 1517610
in Class 41.
PRAYER in (T)OP(TM)/219/2023: Transfer Original Petition
(Trademarks) filed under Sections 47, 57, 125 of the Trade Marks Act,
1999, praying to rectify the register by removing or expunging or
cancelling or modifying, the first respondent's trade mark "Manipal
University" registered under No.1522820 in class 41 with the dictum
that it does not endow upon the first respondent, the exclusive right
to use or any monopoly over the mark "Manipal".
PRAYER in (T)OP(TM)/220/2023: Transfer Original Petition
(Trademarks) filed under Sections 47, 57, 125 of the Trade Marks Act,
1999, praying to rectify the register by removing or expunging or
cancelling or modifying the First Respondents trademark Manipal
Inspired by life device registered under no.1319610 in class 41 with
the dictum that it does not endow upon the First respondent, the
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exclusive right to use or any monopoly over the mark "Manipal".
PRAYER in (T)OP(TM)/221/2023: Transfer Original Petition
(Trademarks) filed under Sections 47, 57, 125 of the Trade Marks Act,
1999, praying to rectify the register by removing or expunging or
cancelling or modifying, the first Respondent's trademark "Manipal
Education" registered under no.1860437 in class 41, with the dictum
that it does not endow upon the first respondent, the exclusive right
to use or any monopoly over the mark "Manipal".
For Petitioner : Mr.Rahul Balaji
in all OP's
For Respondent 1 : Ms.Vindhya S.Mani
in all OP's
For Respondent 2 : Mr.A.R.Sakthivel, SPC
in all OP's
**********
COMMON ORDER
Learned counsel for the petitioner submits that the contesting 5/7 https://www.mhc.tn.gov.in/judis parties arrived at a settlement and that a compromise decree was passed in terms thereof on 04.11.2023 in Commercial O.S.No.960 of 2021. He submitted a memo dated 29.11.2023 stating that the rectification petitions may be closed as withdrawn in terms of the settlement.
2. By taking note of these developments and the memo, (T)OP(TM)/217 to 221/2023 are dismissed as withdrawn without any order as to costs.
30.11.2023 rna Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No SENTHILKUMAR RAMAMOORTHY,J rna 6/7 https://www.mhc.tn.gov.in/judis (T)OP(TM)/217 to 221/2023 (ORA/68 to 72/2016/TM/CHN) 30.11.2023 7/7 https://www.mhc.tn.gov.in/judis