2011 (47) PTC 100 (Bom) Brief Facts: The Plaintiff was a wholly owned subsidiary of Henkell & Co. Sektkellerei KG, headquartered in Germany. Plaintiff had acquired the registration of the shape of its bottle used for selling Vodka in a number of countries. In 2008, Plaintiff applied for the registration of the shape of its…
2019 (77) PTC 1 (Del) Brief Facts The present suit sought for the reliefs of infringement of design and a decree for injunction against passing off. By an order dated 02.05.2017, the Learned Single Judge referred the following question to a Five judge bench of the Hon’ble High Court of Delhi: “whether the decision in…
2008 (37) PTC 1 (SC) Brief Facts: Respondent, had registered their designs for diamond shaped glass sheets under the Designs Act, 2000. The Respondent therefore acquired the sole right to manufacture and market the glass sheets in the design that was registered in its name. The designs that were formed on the glass sheets were…
Kent RO Systems Ltd. and Ors. v. Amit Kotak and Ors. 2017 (69) PTC 551 (Del) In this case, Plaintiff wanted the Hon’ble Court to hold that once the Plaintiff has lodged a Complaint before the Defendant No. 2 (Intermediary under the IT Act, 2000) with respect to the offending prouduct of the sellers, the…
Midas Hygiene Industries Pvt. Ltd. v. Sudhir Bhatia In the High Court of Delhi, at New Delhi RFA No. 239, 240 and 241 of 2011 Date of decision: 04.11.2015 Brief facts: • The Respondent had filed an application before the Copyright Board under Section 50 of the Copyright Act, 1957 seeking cancellation of Copyright Registration…
Godrej Sara Lee Limited v. Reckitt Benckiser Australia Pvt. Ltd. and Anr. (2010) 2 SCC 535 Two Appeals were filed before the Delhi High Court, against order passed by the Controller of Designs, Kolkata, cancelling two registered designs under Section 19(1) of the Designs Act, 2000. The question for determination before the High Court was…
Kiran Shoes Manufacturers v. Registrar of Copyrights & Anr. 2013 (54) PTC 386 (Del.) (DB) Decided on: 24.02.2012 Kiran Shoes Manufacturers (Appellant) filed an appeal against the order of the Copyright Board whereby the Copyright Registration of the Appellant was expunged/cancelled under Section 50 of the Copyright Act. The appellant is a Nepal based registered…
Micolube India Ltd. v. Rakesh Kumar trading as Saurabh Industries & Ors.; CS(OS) No. 1446 of 2011 Mohan Lal, Proprietor of Mourya Industries v. Sona Paint & Hardwares; CS(OS) No. 384 of 2008 199 (2013) DLT 740 Similar questions of law were involved in the above mentioned cases. The said questions of law were…