M/s. Bengal Waterproof Limited v. M/s. Bombay Waterproof Manufacturing Company and Anr. 1997 (17) PTC 98 (SC) Question: whether the suit filed by the Appellant (Plaintiff) against the Respondents (Defendants) in the Court of Chief Judge, City Civil Court, Hyderabad being Original Suit No. 123 of 1982 was barred by the provisions of Order 2…
COBRA BEER PARTNERSHIP LTD & ANR. v. SUPERIOR INDUSTRIES LTD. Date of Decision: 08.04.2015 High Court of Delhi Facts: Plaintiff was the registered proprietor of the trade mark ‘COBRA’ and ‘KING COBRA’ for Beer. The said marks were embossed on the bottles of the Plaintiff. The Defendant was using the Plaintiff’s bottle for its own…
Dabur India Ltd. v. Alka Ayurvedic Pvt. Ltd. 2015 (61) PTC 304 (Del) Plaintiff filed a suit for infringement of trade mark and passing off against the Defendant in respect of the mark ‘PACHMOLA’. Plaintiff was the registered proprietor of the mark ‘HAJMOLA’. An ex-parte injunction was granted in favour of the Plaintiff. Later, the…
Movie: Anatomy of a murder Starring: James Stewart, Lee Remrick, Ben Gazzara, Brooks West Directed by: Otto Ludwig Preminger Year of Release: 1959 The recent documentary India’s Daughter has caused quite a stir in India due to the lewd comments of the rapist stating that the “girl should not have fought back” and the lawyers…
Berjesh Goyal and Anr. v. Daily Foods (India) 2009 (39) PTC 549 (Del) Respondent had filed a suit against the Petitioners in the Delhi High Court. The said suit was transferred to the district court by the High Court of Delhi. In the said suit, the Respondent’s witness had tendered his evidence being examination in…
Pidilite Industries Ltd. v. Jubilant Agri & Consumer Products Ltd. 2014 (57) PTC 617 (Bom) Plaintiff was the registered proprietor of the trademark ‘FEVICOL MARINE’ and various other marks using the words ‘FEVICOL MARINE’. Plaintiff’s Registrations: Defendant was using the mark ‘JIVANJOR MARINE’ for identical products. The Plaintiff filed a suit against the Defendant for…
Precious Jewels Vs. Varun Gems 2014 (60) PTC 465 (SC) Facts: • Partners of the Respondent and the Appellant firms belonged to the same family sharing a common surname ‘RAKYAN’. • Both the parties were dealing in jewellry. Appellant was doing business in the name and style of “NEENA AND RAVI RAKYAN”. Respondent was doing…
Shivaji Rao Gaikwad v. Varsha Productions IN THE HIGH COURT OF MADRAS Decided on: 03.02.2015 2015 (62) PTC 351 (Madras) Plaintiff filed the present case against the Defendant from using the Plaintiff’s name/image/caricature/style of delivering dialogues in the forthcoming project/film titled ‘Main Hoon Rajinikanth’ in any manner whatsoever amounting to infiltration of the Plaintiff’s personality…
At Indian Case laws, we always endeavor to bring something new to our readers. In the past, we have been restricting ourselves from expressing our views on the practice of law in India, status of legal education, working of the Courts and various adjudicatory forums, law firm work culture, emerging trends and various other issues…
Movie: OMG Oh My God! Starring: Paresh Rawal, Mithun Chakraborty, Govind Namdeo, Mahesh Manjrekar and Akshay Kumar as Lord Krishna Directed by: Umesh Shukla Year of Release: 2012 OMG Oh My God! is an official remake of the 2001 Australian comedy ‘The Man Who Sued God’. Originally the makers had adopted the film ‘The Man…
Movie: The Rainmaker Starring: Matt Damon, Danny Devito, Mickey Rourke and Danny Glover Directed by: Francis Ford Coppola Year of Release: 1997 The Rainmaker sees the law from the eyes of a novice lawyer, who has just entered the profession and wants nothing other than making it big in the profession. He however suffers from…
Lupin Ltd. v. Johnson & Johnson and Shakti Bhog Foods Ltd. v. Parle Products Pvt. Ltd. Bombay High Court (Full Bench) Date of decision: 23.12.2014 Issue: “Whether the Court can go into the question of the validity of the registration of the plaintiff’s trade mark at an interlocutory stage when the defendant takes up the…