Copyright | Intellectual Property Rights | Passing Off | Trade Mark

Mrs. Ishi Khosla v. Anil Aggarwal and Anr.

Mrs. Ishi Khosla v. Anil Aggarwal and Anr.; 2007 (34) PTC 370 (Del) Facts: Mrs. Ishi Khosla (Plaintiff) founded a sole proprietorship firm called ‘M/s. Whole Foods’, involved in the business of manufacturing and retailing ‘healthy and healing food products’. Although the Plaintiff applied for registration of the trademark – ‘Whole Foods’ somewhere around July, 2004,…

Copyright | Intellectual Property Rights | Personality Rights

Titan Industries Ltd. v. M/s. Ramkumar Jewellers

Titan Industries Ltd. v. M/s. Ramkumar Jewellers 2012 (50) PTC 486 (Del) Facts: Plaintiff was a company established in the year 1987 as a joint venture between TATA group and the Tamil Nadu industrial Development Corporation and was engaged in manufacturing and marketing watches, clocks and jewellery. Plaintiff was using the brand ‘TANISHQ’ in relation…

Copyright | Intellectual Property Rights | Passing Off | Trade Mark

Atlantic Industries & Ors. v. Simron Food Processors Pvt. Ltd.

Atlantic Industries & Ors. v. Simron Food Processors Pvt. Ltd. CS(OS) No. 2185 of 2011 Date of Decision: 26.05.2014 Facts: The Plaintiff No.1, a corporation organized and existing under the laws of the Cayman Islands, incorporated in the year 1979, was a wholly owned subsidiary of the Coca Cola Company, which is an internationally renowned…

Copyright | Intellectual Property Rights | Trade Mark

Reckitt Benckiser India Ltd. and Anr. v. Dabur India Ltd.

Reckitt Benckiser India Ltd. and Anr. v. Dabur India Ltd.; CS(OS) No.1829/2014 31.10.2014 (Delhi High Court) In 2006, Plaintiff started using the ‘FIREMAN DEVICE’ to market their product GAVISCON (Drug for heart burn and gastr-oesophagal disease). Defendant came out with an ad of Pudin Hara which also had FIREMAN elements. Plaintiff filed a suit for…