Diageo Brands B.V. and Ors. v. Khoday Breweries Ltd. & Ors. 03.09.2014 In the High Court of Delhi Plaintiff filed a suit for permanent and mandatory injunction for infringement of registered trademarks, for passing off, unfair competition and damages Plaintiff’s Case: Plaintiffs are the owners of the world’s best known brands such as JOHNNIE WALKER…
NOVARTIS AG AND ORS. v. RANBAXY LABORATORIES LTD. 08.09.2014 In The High Court of Delhi Plaintiffs filed a suit against the Defendant towards infringement of it’s Patent being Patent No. 212815 for active pharmaceutical ingredient called Vildagliptin which treats Type 2 Diabetes Mellitus marketed as GALVUS and GALVUSMET. Plaintiffs’ Case: Defendant has included Plaintiffs’ patented…
RAJ KUMAR PRASAD & ANR. v. ABBOTT HEALTHCARE PVT.LTD. 10.09.2014 In the High Court of Delhi FAO (OS) No. 281 of 2014 The Question “Whether a registered proprietor of a trademark can sue another registered proprietor of a trademark alleging deceptive similarity ?” came up before consideration before the Division Bench of the High Court….
Parle Products (P) Ltd. Vs. J.P. and Co., Mysore AIR 1972 SC 1359 Appellant was manufacturer of biscuits and owner of registered trade mark being a wrapper. This wrapper was used in connection with the sale of their biscuits known as “Parle’s Glucose Biscuits” printed on the wrapper. In March 1961, Appellant came to know…
Warner Bros. Entertainment Inc. and Anr. Vs. Harinder Kohli and Ors. 155 (2008) DLT 56 Plaintiffs were registered proprietors for the word mark “HARRY POTTER”. Plaintiffs claimed that the movie “HARI PUTTAR” is an infringing variant of the trademark “HARRY POTTER”. Plaintiff’s Contentions: Defendants are passing off their film as that of the motion picture…
India Tv Independent News Service Pvt. Ltd. & Ors. Vs. Yashraj Films Pvt. Ltd. 2013 (53) PTC 586 (Del) There were two suits filed by Yash Raj Films. In one suit, the Defendant used the first line of the lyrics of a hit song ‘Kajra Re Kajra Re Tere Kare Kare Naina’ in an advertisement….
Godrej Sara Lee Limited v. Reckitt Benckiser Australia Pvt. Ltd. and Anr. (2010) 2 SCC 535 Two Appeals were filed before the Delhi High Court, against order passed by the Controller of Designs, Kolkata, cancelling two registered designs under Section 19(1) of the Designs Act, 2000. The question for determination before the High Court was…
Shell Brands International AG and Anr. Vs. Gagan Chanana and Ors. 2010 (44) PTC 193 (Del) Plaintiffs claimed to be owners of the ‘SHELL’ brand and several trademarks for petroleum based products. Defendants were engaged in marketing auto cables and machinery. Plaintiffs’ Case Plaintiffs became aware in Feb. 2002 that the Defendants had applied for…
Hindustan Pencils (P) Ltd. v. India Stationery Products Co. and Anr. AIR 1990 Delhi 19 Plaintiff adopted the mark Nataraj with the device of dancing Nataraj in 1961 and got the same registered. Plaintiff’s Case: Plaintiff got to know somewhere in the middle of the year 1985 that the Defendants had registered a copyright similar…
Dhodha House Vs. S.K. Maingi & Patel Field Marshal Industries and Ors. Vs. P.M. Diesel Limited (2006) 9 SCC 41 In this matter, there were two civil appeals before the Hon’ble Supreme Court. Facts: 1st Civil Appeal Appellant filed a suit against the Respondent to protect his copyright, trade marks and common law rights as…
V. Manicka Thevar Vs. Star Plough Works, Melur AIR 1965 Madras 327 Appellant filed a suit against the Respondent for permanent injunction from manufacturing and selling certain patterns of ploughs on the ground that the same was an infringement of the Appellant’s patent. The Appellant secured an interim injunction, but, on an application filed by…
J.R. Kapoor Vs. Micronix India 1994 Supp (3) SCC 215 Respondent as well as the Appellant manufactured and sold various electrical and electronic goods. Respondent filed a suit for injunction against the use of the trade name ‘MICROTEL’, the logo ‘M’ and the Packing carton on the ground that the same is similar to it’s…