Titan Industries Vs. Nitin P. Jain and Anr. 2006 (32) PTC 95 (Del) The Plaintiff was incorporated in the year 1987 and its activities included manufacturing and marketing of watches, clocks and jewellery. The cause of filing the suit was the manufacturing and marketing of watches by the Defendants under the trade name/trade mark SONA…
LT Foods Limited v. Heritage Foods (India) Limited; 07.05.2014; FAO (OS) 3 of 2014 before the Division Bench of the Delhi High Court The Appellant filed a suit seeking towards infringement and passing off of it’s trade mark HERITAGE. Respondent was a registered proprietor of the Trade Mark HERITAGE for the same goods. Therefore, the…
Tekla Corporation & Anr. v. Survo Ghosh & Anr.; 16.05.2014; CS(OS) 2414 of 2011 befpre the Delhi High Court Plaintiffs filed a suit for infringement of Copyright in Computer Programme. Defendant raised a defence of Copyright Misuse in the Statement and pressed for framing of issue on the same. Plaintiff contended that there is no…
M/s. Jagdamba Impex v. Tristar Products Pvt. Ltd.; 05.05.2014; FAO 128 and 129 of 2014 before the Delhi High Court Plaintiff developed a teeth cutting machine. The machine was based on Industrial Drawing and the Plaintiff was the owner of the said artistic work. The Plaintiff was making commercial use of the said drawings by…
Dr. Alloys Wobben and Anr. v. Yogesh Mehra and Ors.; 02.06.2014; Supreme Court of India A Question of law came up before the Supreme Court on the issue of Multiplicity of proceedings for Revocation of Patent. The question was framed as follows, In case, there is already a revocation petition filed by an entity against…
Procter & Gamble Manufacturing (Tianjin) Co. Ltd. & Ors. v. Anchor Health & Beauty Care Pvt. Ltd.; 30.05.2014; FAO(OS) No. 241 of 2014 before the Division Bench of the Delhi High Court Respondent was Regd. Proprietor of the mark ALLROUND claiming user since 2004. Appellant started using ‘ALL-AROUND PROTECTION’ for tooth paste and ALL ROUNDER…
Triumphant Institute of Management Education v. Aspiring Mind Assessment Pvt. Ltd. & Ors. 13.05.2014: CS(OS) No. 1058 of 2014 before the High Court of Delhi Plaintiff claimed to be proprietor of the mark AIMCAT in Classes 16 and 41 claiming user from 2002. Defendant was using AMCAT since 2008 and the same was an abbreviation…
Walter Bushnell Pvt. Ltd. v. Miracle Life Sciences; 26.05.2014; CS(OS) 220 of 2013 before the Delhi High Court Plaintiff Registered Proprietor of DROTIN for medicines claiming user since 1997, Defendants using DROTAMOL The Defendant challenged, the validity of Plaintiff’s mark and the Court observed that “With regard to validity of the trade mark of the…
Allied Blenders & Distillers Pvt. Ltd. v. Shree Nath Heritage Liquor Pvt. Ltd. 01.07.2014; CS(OS) 2589 of 2013 before Delhi High Court Plaintiff was using the mark Officer’s Choice since 1988. Defendant was using the mark Collector’s Choice. In it’s application for registration of the mark, the Defendant stated that if Officer’s Choice and Minister…
Dinesh Chandra Vaghani and Ors. Vs. Union of India (UOI) and Ors. 2010 (42) PTC 456(Del) Petitioners 1 to 5 had initially set up a partnership firm under the name of M/s. Milton Plastics and had been carrying on the business of manufacturing and marketing under the trade mark and trade name ‘Milton’. A Memorandum…
3M Innovative Properties Company & Anr. Vs. Venus Safety & Health Pvt. Ltd. & Anr. Plaintiff No. 1 was the owner of the suit patent for flat folded personal respiratory device. The invention was being used against air pollution specifically for dusts. It was alleged by the plaintiffs that the defendants infringed their suit patents….
Super Cassettes Industries Ltd. Vs. Nirulas Corner House (P) Ltd. 2008 (37) PTC 237 (Del) Plaintiff was a copyright holder of certain literary and musical works, sound recordings, music videos and cinematograph films. Defendant was engaged in the business of hotels. The Plaintiff found that few audio clippings of songs in which the Plaintiff owned…