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…
Monnet Ispat and Energy Ltd. Vs. Union of India (UOI) and Ors. AND Abhijeet Infrastructure Ltd. Vs. Chief Secretary, State of Jharkhand, (2012) 11 SCC 1 “The doctrine of desuetude denotes principle of quasi repeal but this doctrine is ordinarily seen with disfavour. Although doctrine of desuetude has been made applicable in India on few occasions but for its applicability, two…
Reliance Natural Resources Ltd. Vs. Reliance Industries Ltd., Citation: [2010] 156 CompCas 455 (SC), (2010) 7 SCC 1 Decided on: 07.05.2010 Issue: Whether the MoU entered into amongst the family members of the Promoter was binding upon the corporate entity Relevant Extract(s): “MoU is not technically binding between RIL and RNRL. It is not in dispute that MoU…
A Admitted Debt u/s 433(3) of Companies Act, 1956 Alternative Remedy to be initiated before invoking just and equitable clause u/s 433 (f) B Bona fide dispute C Commercial Insolvency Creditor’s Objection to Winding Up Composite petitions under Sections 397, 398 and 433(f) D Dissolution of Partnership and Deadlock as grounds for Winding Up under Section…
CASE LIST The fact that majority has approved the amalgamation scheme is not conclusive, however, it must be taken into account before in sanctioning the scheme. Sugarcane Growers and Sakthi Sugars Shareholders’ Association Vs. Sakthi Sugars Ltd., [1998] 93 CompCas 646 (Mad) J. S. Davar Vs. Shankar Vishnu Marathe, AIR 1967 Bom 456 While the court is not supposed…
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…