Design | Intellectual Property Rights | Passing Off | Trade Mark

Gorbatschow Wodka K.G. v. John Distilleries Limited

2011 (47) PTC 100 (Bom) Brief Facts: The Plaintiff was a wholly owned subsidiary of Henkell & Co. Sektkellerei KG, headquartered in Germany. Plaintiff had acquired the registration of the shape of its bottle used for selling Vodka in a number of countries. In 2008, Plaintiff applied for the registration of the shape of its…

Intellectual Property Rights | Trade Mark

Allied Blenders and Distillers Pvt Ltd. v. Agribiotech Industries Limited(Abil)

I.A. No. 4397 of 2020 in CS (Comm) No. 166 of 2020 Hon’ble High Court of Delhi Date of Decision: 15th October, 2020 Brief Facts: On 2nd June, 2020 it was discovered by the Plaintiff that the Defendant had launched its product in the market under the trade mark “Chetak Whisky” whose label was allegedly…

Intellectual Property Rights | Trade Mark | Uncategorized

Jahangir Biri Factory Pvt. Ltd. v. Mohd. Dildar Hossain and Registrar of Trade Marks

2018 (76) PTC 479 (IPAB) Brief Facts: As per the Applicant, Applicant had adopted the mark ‘HOWRAH BIDI (LABEL)’ in the year 1941 and started to use the same from 1995. Applicant had applied for the registration of its trademark under Application No. 736949 in the year 1996. However, the said application could not be…

Intellectual Property Rights | Passing Off | Trade Mark

Delhivery Private Limited v. Treasure Vase Ventures Private Limited

14th August, 2020 High Court of Delhi CS (Comm) No. 217 of 2020 Brief Facts: Plaintiff was engaged in the business of logistics, transportation and management under the Trademark “DELHIVERY” since 2011. Plaintiff had 27 registrations pertaining the mark ‘DELHIVERY’ under Classes 35, 39 and 42 of the Trade Marks Act, 1999. Defendant, on the…

Intellectual Property Rights | Passing Off | Trade Mark | Uncategorized

Gurnam Sigh v. G.I. Cosmetics

2019 (77) PTC 222 (Del) Brief Facts: Plaintiff was using the mark ‘BLUE HEAVEN’ since 1972 for cosmetic products. Defendant started to use the mark ‘MISS HEAVEN’ in the year 2016 for identical goods. Plaintiff filed a suit for infringement of trade mark and passing off against the Defendant. Along with the suit, the Plaintiff…

aaLAWchak | Uncategorized

aaLAWchak: Scam 1992: The Harshad Mehta Story

Web Series: Scam 1992: The Harshad Mehta Story Starring: Pratik Gandhi, Shreya Dhanwanthary, Rajat Kapur, Satish Kaushik, Anant Mahadevan, Nikhil Dwivedi and others Director: Hansal Mehta Year of Release: 2020 The Indian Web Series space has taken quite a turn where only the Content is the king. Earlier, ‘Mirzapur’ and ‘Paatal Lok’ had received rave…

Articles | Intellectual Property Rights | Patent

UNDERSTANDING THE AMENDMENTS MADE TO THE PATENTS RULES, 2003 BY PATENTS (AMENDMENT) RULES, 2020

In exercise of the powers conferred by Section 159 of the Patents Act, 1970, the Central Government has on 19th October, 2020 amended the Patents Rules, 2003 vide the Patents (Amendment) Rules 2020. The key changes to the Patents Rules, 2003 by the Patents (Amendment) Rules 2020 are: 1. Rule 21 which deals with the ‘Filing…

Intellectual Property Rights | Passing Off | Trade Mark

H & M Hennes & Mauritz Ab & Anr. v. HM Megabrands Pvt. Ltd. & Ors.

2018 (74) PTC 229 (Del) Brief facts: Plaintiff, was a well-known designer, marketer, and seller of wide and varied fashionable clothing collection and ancillary product and services for women, men, teenagers, and children. To firmly and formally establish its presence in India, Plaintiff No. 1 claimed to have incorporated its subsidiary H & M Hennes…

Design | Intellectual Property Rights | Passing Off | Uncategorized

Carlsberg Breweries A/S v. Som Distilleries and Breweries Ltd.

2019 (77) PTC 1 (Del) Brief Facts The present suit sought for the reliefs of infringement of design and a decree for injunction against passing off. By an order dated 02.05.2017, the Learned Single Judge referred the following  question to a Five judge bench of the Hon’ble High Court of Delhi: “whether the decision in…

Intellectual Property Rights | Trade Mark

Vishnudas v. The Vazir Sultan Tobacco. Ltd.

366 1996 SCALE (5) 267 Brief Facts: Respondent was engaged in the business of manufacturing cigarettes under the brand name “Charminar”. Respondent obtained the registration of the said trade mark in respect of manufacturing tobacco in class 34. Respondent since its incorporation was engaged only in the manufacturing of cigarettes. Appellant was in the manufacturing…

aaLAWchak | Uncategorized

aaLAWchak: A Few Good Men

Movie: A Few Good Men Starring: Tom Cruise, Jack Nicholson, Demi Moore, Wolfgang Bodison, James Marshall Director: Rob Reiner Year of release: 1992 Introduction A Few Good Men is an American legal drama film. It was adapted for the screen by Aaron Sorkin from his 1989 play of the same name and includes contributions by…