D’zine Garage Pvt. Ltd. vs. D’zine Cafe FZE AND D’zine Cafe FZE vs. D’zine Garage Pvt. Ltd. Decided On: 09.10.2007 Key Words: service mark, domain name, phonetically similar, prior user, online communication, website, class 35, publici juris, generic word, distinctiveness FACTS: The respondent/plaintiff (P) was carrying on the business of a leading interactive agency, specializing in online communication for a…
Kiran Shoes Manufacturers v. Registrar of Copyrights & Anr. 2013 (54) PTC 386 (Del.) (DB) Decided on: 24.02.2012 Kiran Shoes Manufacturers (Appellant) filed an appeal against the order of the Copyright Board whereby the Copyright Registration of the Appellant was expunged/cancelled under Section 50 of the Copyright Act. The appellant is a Nepal based registered…
World Wrestling Entertainment Inc. v. M/s. Reshma Collection Before the Hon’ble High Court of Delhi at New Delhi CS(OS) No. 1801/2013 Decided on: 04.10.2013 Plaintiff filed a suit seeking permanent injunction restraining infringement of Copyright, Infringement of Trade Mark, Passing Off, Dilution, Rendition of Accounts, Damages, etc in respect of their Trade MArks ‘WWE Scratch…
Burlington Home Shopping Pvt. Ltd. v. Rajnish Chibber & Anr. Before the Hon’ble High Court of Delhi at New Delhi 1995 PTC (15) 278 Decided on: 20.10.1995 Plaintiff was a mail order service Company. The business of the Plaintiff was to publish mail order catalogues dealing with consumer items which were posted to the select…
Raja Pocket Books v. Radha Pocket Books Before the Hon’ble High Court of Delhi at New Delhi 1997 PTC (17) Decided on: 06.12.1996 Plaintiff filed a suit against the Defendant seeking declaration and permanent injunction restraining infringement of Copyright as well as Passing Off by use of the name and character ‘NAGESH’ which was deceptively…
United Coffee House v. Raghav Kalra & Anr. Before the Hon’ble High Court of Delhi at New Delhi 2013 (55) PTC 414 [Del] Decided on: 23.05.2013 United Coffee House (hereinafter referred to as the Plaintiff) filed a suit for permanent injunction restraining Infringement of Trade Mark & Passing Off against the Defendants (Raghav Kalra &…
Britannia Industries Ltd. v. Pepsi Co Inc. & Anr. Before the Intellectual Property Appellate Board, Circuit Bench, Kolkata OA/11/2007/TM/KOL 2013 (55) PTC 605[IPAB] Decided on: 26.08.2013 The Appellant (hereinafter referred to as Britannia) filed an appeal before the Intellectual Property Appellate Board (herein after referred to as IPAB) against the decision of Deputy Registrar of…
Hindustan Lever Ltd. v. Briju Chhabra CS(OS) 2345 of 2000 Key Words: parallel import, exhaustion principle, trade mark Facts: Here, the plaintiff HLL was the registered proprietor of the trade mark LUX and LUX label in respect of toilet soaps within India. Unilever, PLC is the principal company and registered proprietor of the trade mark LUX…
Samsung Electronics Co. Ltd. v. Kapil Wadhwa C.S. (OS). No.1155/2011 Decided on 17.02.2012 Keywords: Parallel Import, Exhaustion Principle, National Exhaustion, International Exhaustion, Trade Mark, Market FACTS: The first plaintiff, Samsung Electronics Company Ltd. (P1) was a company incorporated in Korea. The second plaintiff, Samsung India Electronics Pvt. Ltd. (P2) was a company in the same…
Indian Performing Rights Society v. Gauhati Town Club & Anr. CS(OS) No. 559 of 2010 before the Hon’ble High Court of Delhi at New Delhi Date of Decision: 30th January, 2013 FACTS The Plaintiff is a Company and a Registered Copyright Society. The Plaintiff was established to monitor, protect and enforce the rights, interest and…
Mohan Meakin Ltd. v. A.B. Sugars Ltd. CS(OS) No. 2335 of 2010 before the Hon’ble High Court of Delhi Decided on: 10th October, 2013 The Plaintiff filed a suit against the Defendant seeking permanent injunction restraining the Defendant from using the mark/label ‘TOLD MOM’ and or/any other mark deceptively similar to the plaintiff’s trademark ‘OLD…
T.V. Today Network Ltd. & Anr. v. Kesari Singh Gujjar & Ors. CS(OS) no. 1085 of 2005 before the Hon’ble High Court of Delhi at New Delhi Decided on: 7th October, 2013 The Plaintiffs (T.V. Today Network Ltd. & Living Media India Ltd.) filed a suit for permanent injunction against the Defendants who were using…