Governing Law & Jurisdiction | Intellectual Property Rights | Trade Mark

P.K. Sen v. Exxon Mobile Corporation and Ors.

P.K. Sen v. Exxon Mobile Corporation and Ors.   2017 (69) PTC 271 [Del][DB] Plaintiff No. 1 was a company incorporated in USA with no office in India. It was the registered proprietor of the mark EXXON in India. Plaintiff No. 2 Company was Plaintiffs’ wholly owned subsidiary in India. Plaintiff No. 2 carried on…

Governing Law & Jurisdiction | Intellectual Property Rights | Trade Mark

Allied Blenders & Distillers Pvt. Ltd. v. R.K. Distilleries Pvt. Ltd.

Allied Blenders & Distillers Pvt. Ltd. v. R.K. Distilleries Pvt. Ltd. FAO (OS) No. 251 of 2016 Decided on: 28th February, 2017 Hon’ble High Court of Delhi Brief Facts: Appellant filed a civil suit for infringement of trade mark, passing off and infringement of Copyright claiming to be proprietor of the mark ‘Officer’s Choice’ and…

Governing Law & Jurisdiction | Intellectual Property Rights | Procedural | Trade Mark

Pfizer Products Inc. v. Rajesh Chopra and Ors.

Pfizer Products Inc. v. Rajesh Chopra and Ors. 2006 (32) PTC 301 Del Brief Facts: Plaintiff had filed a suit for injunction for passing off and unfair competition. Plaintiff had approached the Delhi High Court and claimed it’s jurisdiction to entertain and try the Plaintiff’s suit on account of two factors: (a) The first factor…

Case List | Case List-Technology | Governing Law & Jurisdiction | Procedural | Technology Law

Case List: Jurisdiction in Cyberspace / Conflict of Laws

CASE LIST Sarl Louis Feraud International vs. Viewfinder, Inc.  No. 05-5927-CV, 2007 WL 1598057, 2nd Cir.(N.Y.) Compuserve, Inc. vs. Patterson, 89 F.3d 1257 (6th Cir. 1996) [Text] Zippo Manufacturing Co. vs. Zippo Dot Com, Inc., 952 F. Supp. 1119 (W.D. Pa. 1997) [Text] Panavision International, L.P. vs. Toeppen, 141 F.3d 1316 (9th Cir. 1998), aff’g 945…

Case List-IPR | Copyright | Governing Law & Jurisdiction | Intellectual Property Rights | Trade Mark

Dhodha House Vs. S.K. Maingi & Patel Field Marshal Industries and Ors. Vs. P.M. Diesel Limited

Dhodha House Vs. S.K. Maingi & Patel Field Marshal Industries and Ors. Vs. P.M. Diesel Limited (2006) 9 SCC 41 In this matter, there were two civil appeals before the Hon’ble Supreme Court. Facts: 1st Civil Appeal Appellant filed a suit against the Respondent to protect his copyright, trade marks and common law rights as…

Case List-IPR | Copyright | Governing Law & Jurisdiction | Intellectual Property Rights | Uncategorized

BLUEBERRY BOOKS & ORS. v. GOOGLE INDIA PVT. LTD. & ORS.

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…

Copyright | Governing Law & Jurisdiction | Intellectual Property Rights

Exphar SA and Anr. v. Eupharma Laboratories Ltd. and Anr.

Exphar SA and Anr. v. Eupharma Laboratories Ltd. and Anr. (2004) 3 SCC 688 The appellant and M/s. Shreechem Laboratories filed a suit before the Hon’ble High Court of Delhi  for infringement of Copyright  in packaging, layout and design of their medicine ‘Maloxine’ along with a claim for passing off. The claim of the appellants…