Milmet Oftho Industries and Ors. Vs. Allergan Inc. 2004 (28) PTC 585 (SC) Appellants were Pharmaceutical Companies. Respondent was also a Pharmaceutical company. Respondents filed a Suit for injunction seeking restraining of passing off in respect of mark “OCUFLOX” in respect of eye care product. Respondents claimed that they were the prior users of the…
CASE LIST Daimler Benz Aktiegesellschaft & Anr. v. Hybo Hindustan; 1994 PTC 287 [Summary] N.R. Dongre and Ors. vs. Whirlpool Corpn. and Anr.; 1996 PTC (16) 583 (SC), [Summary] Bloomberg Finance LP v. Prafull Saklecha & Ors., CS(OS) No. 2963 of 2012, [Summary] Ford Motor Company v. C.R. Borman; 2014 (59) PTC 132 (Del.) Tata Sons Ltd. v….
CASE LIST J.R. Kapoor v. Micronix India; 1994 Supp (3) SCC 215 (Micro) Rich Products Corporation and Anr. v. Indo Nippon Food Ltd.; 2010 (42) PTC 660(Del) (Whip Topping) Rich Products Corporation and Anr. v. Indo Nippon Food Ltd.; 2010 (44) PTC 515 (Del) (DB) (Whip Topping) [Summary] Cadila Healthcare Limited v. Dabur India Limited; 2008 (38)…
Laxmikant V. Patel Vs. Chetanbhai Shah and Anr. 2002 (24) PTC 1 (SC) Appellant had a business of Colour lab and studio since 1982 in the name of ‘Muktajivan’ Colour Lab and Studio. In order to expand, Appellant promoted his wife and brother-in-law to open a new colour lab in the name and style of…
K.R. Chinna Krishna Chettiar Vs. Shri Ambal and Co., Madras and Anr. Full Bench Decision (1969) 2 SCC 131 The parties were manufacturers of snuff carrying on business at Madras. Both had their business in and outside of Madras. Respondents were the proprietors of the registered mark consisting of a label containing a device of…
Daimler Benz Aktiegesellschaft & Anr. v. Hybo Hindustan 1994 PTC 287 The Plaintiffs being a famous German car company and it’s subsidiary in India, filed a suit for permanent injunction restraining infringement of trade mark against the Defendant towards use of it’s trade mark ‘Benz’ along with the device of a three pointed human being…
Ruston & Hornsby Ltd. Vs. The Zamindara Engineering Co. (1969) 2 SCC 727 Appellant carried business of manufacturing and sale of diesel internal combustion engines. Ruston Hornsby (India) Ltd., was a subsidiary of the Appellant. The Respondent was a firm carrying on business in the manufacture and sale of diesel internal combustion engines. The appellant…
CASE LIST It is the assignment of trade mark that creates rights in favour of the assignee and not the registration of assignment as contemplated in Section 45 of the Trade Marks Act, 1999. If the application for getting transferred the registered trademark in the office of the Registrar is pending, that does not debar…
Midas Hygiene Industries Pvt. Ltd. Vs. Sudhir Bhatia and Ors. 2004 (28) PTC 121 (SC) The Appellants had filed a suit for passing off and for infringement of Copyright against the Respondent before the High Court. Hon’ble High Court noted that the Respondent worked with the plaintiff prior to launching it’s own business and the…
CASE LIST If the defendant raises a Credible Challenge to the validity of Patent injunction should not be granted to the plaintiff. V. Manicka Thevar Vs. Star Plough Works; AIR 1965 Mad. 327 M/s. Standipack Pvt. Ltd. and Anr. Vs. M/s. Oswal Trading Co. Ltd. and Ors.; AIR 2000 Delhi 23 F. Hoffmann-LA Roche Ltd….
CASE LIST Reckitt and Colman of India vs. Kiwi TTK Ltd.;1996 16 PTC 393 Hindustan Lever vs. Colgate Palmolive (I) Ltd.; AIR 1998 SC 526 Reckitt and Colman of India Ltd. vs. M.P. Ramchandran and Anr.; 1999 1 PTC 741 Dabur India Ltd. v. Emami Limited; 112(2004)DLT73 [Summary] Dabur India Limited vs. Colgate Palmolive India…
Dharampal Premchand Ltd. v. Golden Tobacco Products 2007(34) PTC 633 (Del.) (DB) Decided on: 08.05.2007 Plaintiff had filed a suit for infringement of it’s trademark ‘BABA’, for breach of it’s copyright and for passing off. The Defendant filed an application under Order VII Rule 10 of the Code of Civil Procedure, 1908 seeking rejection of…