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Jahangir Biri Factory Pvt. Ltd. v. Mohd. Dildar Hossain and Registrar of Trade Marks
2018 (76) PTC 479 (IPAB) Brief Facts: As per the Applicant, Applicant had adopted the mark ‘HOWRAH BIDI (LABEL)’ in the year 1941 and started to use the same from 1995. Applicant had applied for the registration of its trademark under Application No. 736949 in the year 1996. However, the said application could not be…
Venootschap onder Firma Senta Aromatic Marketing’s Application
Venootschap onder Firma Senta Aromatic marketing’s Application; [1999] E.T.M.R. 429 (Eur. Comm. Trade marks Office, Second Board of Appeal) Brief Facts: The Applicant applied for registration of a smell mark with the description ‘THE SMELL OF FRESH CUT GRASS’ for tennis balls. The Examiner was of the view that the words ‘the smell of fresh…
Nandhini Deluxe v. Karnataka Cooperative Milk Producers Federation Limited
Nandhini Deluxe v. Karnataka Cooperative Milk Producers Federation Limited 2018 (75) PTC 209 (SC) Brief Facts: Respondent, was using the trademark ‘NANDINI’ for milk and milk products from the year 1985. The Respondent had also registered the said mark in Classes 29 and 30. The Appellant adopted the mark ‘NANDHINI’ in 1989 and had a restaurant…
Living Media India Ltd. and Ors. v. Alpha Dealcom Pvt. Ltd. and Ors.
Living Media India Ltd. and Ors. v. Alpha Dealcom Pvt. Ltd. and Ors. 2016 (66) PTC 200 (Del) Brief Facts: Appellant claimed to be a major media corporation in India. As per the Appellants, Appellant No. 1 was owner and publisher news magazine “INDIA TODAY”, since 1975. Appellant No. 1 also published a business magazine under…
Shield Mark BV v. Joost Kist h o d n Memex
Shield Mark BV v. Joost Kist h o d n Memex; Case No. C-283/01 European Court of Justice Brief Facts: Registrant (Sheild Mark BV) of the mark had 14 registered trade marks in its favour granted by Benelux[1] Trade Marks Office. The registrations were in Class 9 (computer software (recorded), etc.), 16 (magazines, newspapers, etc.),…
Amrish Agarwal v. Venus Home Appliances Pvt. Ltd.
Amrish Agarwal v. Venus Home Appliances Pvt. Ltd. 2019 (80) PTC 414 (Del) High Court of Delhi The Learned Trial Court had taken on record the Certificates for use in Legal Proceedings of the trade marks of the Plaintiff at the stage of final arguments. Aggrieved by the said order, the Defendant had filed the…

