Satyam Infoway Ltd v. Sifynet Solutions (P) Ltd.; AIR 2004 SC 3540 FACTS The Respondent (Sifynet Solutions (P) Ltd.) had registered domain names www.siffynet.com and www.siffynet.net which were similar to the Plaintiff’s domain name www.sifynet.com. Appellant (Satyam Infoway Ltd.) had considerable reputation in the market and had registered the name ‘Sifynet’ and various other…
Carlsberg India Pvt. Ltd. vs. Radico Khaitan Ltd. 2012 (49) PTC 54 (Del.) (DB) Radico Khaitan Ltd. (Plaintiff) instituted a suit for infringement of Trade Mark & Passing off against Carlsberg India Pvt. Ltd. (Defendant). The disputes were over the marks ‘8 PM’ and ‘PALONE 8 PM, which were being used by the parties in…
Wipro Cyprus Private Limited v. Zeetel Electronics 2010 (44) PTC 307 (Mad) Key Words: parallel import, exhaustion, trade mark, FACTS: The Appellant in this case filed a suit for permanent injunction, restraining the Respondents from using the trade mark YARDLEY or any other phonetically similar expression in any media which can infringe the Applicant’s registered…
Warner Bros. Entertainment Inc. and Others v. Santosh V. G. CS (OS) No. 1682/2006 Relevant Law(s): Section 14 and 51 of the Copyright Act, 1957 Key Words: copyright, cinematographic works, parallel import, exhaustion PARTIES: The Plaintiffs (P), their associated and affiliated companies carry on business of film production and are the owners, co-owners, assignees, licensees of rights, titles and have interests…
Hollister Inc. v. Medik Ostomy Supplies Ltd. [2013] F.S.R. 24 Full Text here Key Words: Parallel Import, Exhaustion Principle, Trade Mark FACTS H owned trade marks for medical products. M had imported H’s products into the United Kingdom and repackaged them for sale. In doing so, it had breached the requirement[1] that the importer give notice to…
Oracle America Inc. (Formerly Sun Microsystems Inc.) vs. M-Tech Data Ltd. [2012] UKSC 27 Full Text here Key Words: Parallel Import, Exhaustion Principle, Trade Mark RELEVANT PROVISION(S): EU Directive 89/104 (available here) Article 5: According to Article 5(1) of the Directive, the registered trade mark confers on the proprietor exclusive rights therein. In addition, Article 5(1)(a) provides that…
Amritdhara Pharmacy Vs. Satya Deo Gupta AIR 1963 SC 449 FACTS The Respondent (Satyadeo Gupta) had applied for registration of the trade name of a medicinal preparation “Lakshmandhara” in relation to the medicinal preparation since 1923. It was admitted by the Respondent that the Respondent’s product was mainly sold in the State of Uttar Pradesh…
Samsung Electronics Company Limited and Another v. G. Choudhary and Another[1] FACTS: Samsung initially brought suit in the district court in Delhi seeking an injunction based upon a claim of trademark infringement against the unauthorized distributors from importing and distributing Samsung’s products. The district court denied the injunction. In appeal, the plaintiff prayed for an…
N.R. Dongre and Ors. vs. Whirlpool Corpn. and Anr. 1996 PTC (16) 583 (SC) FACTS The Whirlpool Corporation, i.e. the Plaintiff No. 1 is a multinational corporation incorporated in U.S.A. and had an established business in the manufacture, sale, distribution and servicing of washing machines of all kinds. Plaintiff No. 1 is the successor of…
Micolube India Ltd. v. Rakesh Kumar trading as Saurabh Industries & Ors.; CS(OS) No. 1446 of 2011 Mohan Lal, Proprietor of Mourya Industries v. Sona Paint & Hardwares; CS(OS) No. 384 of 2008 199 (2013) DLT 740 Similar questions of law were involved in the above mentioned cases. The said questions of law were…
UTV Software Communications Limited, Mumbai v. Motion Pictures Association, Delhi MANU/CO/0053/2012 FACTS: UTV Software Communications Limited is a producer, title holder and distributor of feature films. The members of the Motion Pictures Association, Delhi (MPA) are engaged in the business of production, distribution and exhibition of films. MPA governs the arena of distribution and exhibition…
Facts: The respondent was engaged in the production of consumer goods as detergent cakes, bathing soaps, chemicals etc. The various brands produced by the respondent under the three broad categories namely toilet soaps, laundry soaps and detergents. It was alleged that the respondent has been indulging in certain unfair trade practices among which one was…