Garware Plastics and Polyester v. Telelink and Ors. AIR 1989 Bombay 331 Brief Facts: Two suits were filed in the Bombay High Court. First, Suit No. 87 of 1989 was filed by the Plaintiffs in a representative capacity on behalf of persons who held an assignment of Video copyright in respect of many cinematograph films….
Najma Heptulla v. Orient Longman Ltd. And Ors. AIR 1989 Delhi 63 Brief Facts: The manuscript of the book ‘India Wins Freedom’ was ready for publication in November, 1957. However, before the book could be published, Maulana Azad, the author of the book, died. After that, National Archives, New Delhi and National Library, Calcutta agreed…
Movie: Talvar Starring: Irrfan Khan, Konkona Sen Sharma, Tabu, Sohum Shah Directed by: Meghna Gulzar Written By: Vishal Bhardwaj Year of Release: 2015 ‘Sometimes, truth is stranger than fiction’ At the first instance, Talvar appears to be another movie trying to commercialize one of the most controversial murder mystery of our times, the Noida Double…
Fedders Lloyd Corporation Ltd. v. Fedders Corporation 2005 (30) PTC 353 (Del-DB) Facts: Under an agreement entered into between ‘Fedders Quiogan Corporation’ (the Respondent) and the then partnership firm, ‘M/s Llyod Electric and Engineering Company’, on 21st May 1956, a license to deal in air conditioners was granted to the latter for 5 years under…
Koninklijke Philips Electronics NV v. Smt. Kanta Arora and Ors. 2005 (30) PTC 589 (Del) Image from here Facts: Plaintiff No. 1 was a company established under the Dutch laws in 1891 as “Philips & Co.”. Over 107 years, it had become one of the world’s biggest electronic company, producing a variety of electrical and…
Nirma Limited v. Nimma International and Anr. 2010 (42) PTC 307 (Del) Facts: Plaintiff (Nirma Ltd.), was the proprietor of the trademarks ‘Nirma’ and ‘Nima’, registered in 1979 and 1982 respectively, under the class dealing with detergent powder, toilet soaps, etc. Plaintiff was aggrieved by the Defendants’ (Nimma International and Anr.) use of the marks…
Chanel Ltd. v. Sunder Chemicals Agarbati Works (P) Ltd. and Anr. 2003 (26) PTC 52 (Delhi) Brief Facts: Plaintiff, Chanel Ltd., was a foreign company manufacturing and marketing various types of perfumes and cosmetics and has acquired a worldwide reputation for its trademark CHANEL. The pronunciation of the trade mark CHANEL starts with a “sh”…
Alfred Dunhill Limited v. Kartar Singh Makkar and Ors. 1999 (19) PTC 294 (Del) Brief Facts: Plaintiff was a company incorporated under the laws of England and engaged in manufacturing and marketing a wide range of products including textiles under the trademark ‘DUNHILL’. Defendants were also engaged in manufacturing and selling the textile articles under…
Mars Incorporated v. Kumar Krishna Mukherjee & Ors. 2003 (26) PTC 60 (Del) Brief Facts: Plaintiff was the proprietor of the Trademark ‘MARS’, which was registered in India and in as many as 170 countries. It was used in respect of chocolates, confectionery, preserved food products and other foodstuffs in India. Defendants sought to incorporate…
Manisha Koirala v. Shashilal Nair and Ors.; 2003 (1) AllMR 426 Brief Facts: Four scenes of four minutes in a film, titled ‘Ek Chhoti Si Love Story’ were the subject matter of dispute. The story of the film was about an adolescent boy who was obsessed with a girl who was 26 years old and…
Larsen and Toubro Limited v. Lachmi Narain Trades and Ors. 2008 (36) PTC 223 (Del) (DB) Facts: Appellant (Larsen and Toubro Ltd.) was engaged in diverse business activities, with subsidiaries using the prefix ‘LandT’ for over half a century. It applied for registering the marks ‘Larsen and Toubro’ and ‘LandT’, the applications of which were…
Sony Kabushiki Kaisha v. M/S. Mahaluxmi Textile Mills; 2009 (41) PTC 184 (Cal) (FB) Facts: The Plaintiff/Appellant, Sony Kabushiki Kaisha, was a Japanese Co. (also known as Sony Corporation) engaged in manufacturing and selling diverse range of electronic goods including video and audio equipment, televisions, etc. under the trademark ‘SONY’. Defendant/Respondent (M/S. Mahaluxmi Textile Mills)…