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…
BLUEBERRY BOOKS & ORS. v. GOOGLE INDIA PVT. LTD. & ORS. 2014 (58) PTC 62 In 2003, the Plaintiffs published a series of books under the name ‘Moral Stories’ in 4 Parts. They claimed that the stories contained in the aforementioned books are original literary and artistic works of the Plaintiffs and are protected under…
Sunder Nagar Association Regd. and Anr. v. Welfare Cultural Club (Regd.) and Anr. 1995 PTC 270 Delhi Plaintiffs, Sunder Nagar Association and Sunder Nagar Women Welfare Association were holding Sunder Nagar Diwali Mela for around 30 years. The same was used to take place in Sunder Nagar Area of Delhi. The Plaintiffs came across an…
Procedure prescribed in Section 25(3) of the Trade Marks Act, 1999 read with Rule 67 of the Trade Marks Rules, 2002 is mandatory. Union of India Vs. Malhotra Book Depot, 2013 (54) PTC 165 (Del) (DB) [Summary] CIPLA Limited Vs. Registrar of Trade Marks Boudhik Sampada Bhawan and Union of India through Ministry of Commerce Department of…
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)…
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…