Imperial Tobacco Co. of India Ltd. v. Registrar of Trade Marks and Anr. AIR 1968 Calcutta 582 Brief facts: The Appellant applied for Registration of the mark “Simla” under Part A of the Register. A Show Cause Notice was issued to the Appellant stating that the word “Simla” is a geographical name and registrable only…
Joe Miller: “We’re standing here in Philadelphia, the, uh, city of brotherly love, the birthplace of freedom, where the, uh, founding fathers authored the Declaration of Independence, and I don’t recall that glorious document saying anything about all straight men are created equal. I believe it says all men are created equal.” Movie: Philadelphia Starring:…
Aananda Expanded v. Unknown 2002 (24) PTC 427 (Reg.) Brief Facts: Four applications for the registration of copyright were submitted to the copyright office under Section 45(1) of the Copyright Act, 1957 under the category of artistic works by M/s ABP Ltd. The works submitted for registration were a series of fonts comprising alphabets in…
Lal Babu Priyadarshi v. Amritpal Singh 2015 (12) SCALE 76 Brief Facts: An application for registration of trademark “RAMAYAN” with the device of crown in class 3 was filed by the Appellant in respect of incense sticks (agarbattis, dhoops) and perfumeries etc. The said application was opposed by the Respondent before the Registrar of Trade…
Midas Hygiene Industries Pvt. Ltd. v. Sudhir Bhatia In the High Court of Delhi, at New Delhi RFA No. 239, 240 and 241 of 2011 Date of decision: 04.11.2015 Brief facts: • The Respondent had filed an application before the Copyright Board under Section 50 of the Copyright Act, 1957 seeking cancellation of Copyright Registration…
Corn Products Refining Co. v. Shangrila Food Products Ltd. AIR 1960 SC 142 Brief Facts: Shangrila Food Products (hereinafter referred to as the Respondent) was a manufacturer of biscuits. On November 5, 1949 the Respondent made an application to the Registrar for the registration of the mark “Gluvita” under the Trade Marks Act, 1940 (hereinafter…
Krishika Lulla and Ors. v. Shyam Vithalrao Devkatta and Ors. [Criminal Appeal No. 258 and 259 of 2013] Supreme Court of India Decided on: 15.10.2015 Facts of the case: The Respondent No. 1 filed a criminal complaint against the Appellants claiming infringement of copyright in a synopsis of a story written by him with the…
“Live a Life, that is worth writing about” Movie: Main aur Charles Starring: Randeep Hooda, Adil Hussain and Richa Chadda Written & Directed by: Prawaal Raman Year of Release: 2015 ‘Main aur Charles’ is such a slow movie in the first half that you will wish that you leave the theater instantly. The movie picks…
“As real as it gets” Movie: Court Starring: Vira Sathidar, Vivek Gomber, Geetanjali Kulkarni, Pradeep Joshi and Usha Bane Written & Directed by: Chaitanya Tamhane Year of Release: 2015 Court is a very harsh and satirical comment on the ethos of this country. Interestingly, the writer has chosen to comment upon them through the system…
This new section on Indian Case Laws is called ‘The Adventures of Tom Lawyer’. Tom is a fictional lawyer coming home in a black coat everyday on a scooter, having his small office right down the next street. Tom is sarcastic, pompous, arrogant, lazy, rude, and rusty and that’s why his world is adventurous. Harry is Tom’s client who never pays on time and Dick is Tom’s non-lawyer friend who truly justifies his name with his strange questions. But, the interesting part is, Tom never gives them a direct answer.
Express Bottlers Services Private Ltd. v. Pepsico Inc. and Ors. 1989 (9) PTC 14 (Calcutta) Brief Facts: Respondent No. 1, Pepsico Inc., was a company incorporated under the appropriate laws of Delaware, in the United States of America and was the registered proprietor of the marks, “Pepsi Cola” “Pepsi” and “Pepsico”. Petitioner claimed to be…
ICC Development (International) Ltd. v. Arvee Enterprises and Anr. 2003 (26) PTC 245 Brief Facts: ICC Development (International) Ltd. (IDL), the Plaintiff, was formed by the members of the International Cricket Council (ICC) to own and control its commercial rights including media rights, sponsorships and other intellectual property rights relating to the ICC events. IDL…