Om Prakash Gupta v. Parveen Kumar & Anr. 2000 (20) PTC 326 (DEL) Facts: Plaintiff was the registered proprietor of the label ‘Suraj Chhap’ in respect of scented chewing tobacco. However, the registration of the Plaintiff was granted subject to a disclaimer on the word ‘Suraj’ and the device of ‘Sun’. The Plaintiff used the…
Arun Chadha V. OCA Productions Pvt. Ltd. & Ors. 2013 (53) PTC 401 (DEL) Facts of the Case: Plaintiff, was a documentary film-maker of world repute. In 2007, Plaintiff entered into a contract with a famous author for the assignment of rights in her novel ‘Kasturi Kundal Bassey’ for the production of a TV serial….
Sun Pharmaceuticals Industries Ltd. v. Cipla Ltd. 2009 (39) PTC 347 (DEL) Facts of the Case: The trade mark ‘THEOBID’ was registered in the name of one Natco Fine Pharmaceuticals Private Limited for medicines. The said trade mark was assigned to the Plaintiff along with its goodwill vide a deed of assignment in 1998. Plaintiff…
Shaw Wallace & Co. Ltd. and Anr. v.Superior Industries Ltd. 2003 (27) PTC 63 (DEL) Facts: Plaintiff was in the business of manufacturing alcoholic beverages for the last 100 years. He had been selling alcoholic beverages under various distinctive trademarks such as Royal Challenge, Haywards 5000, Haywards 2000 etc. Defendant was also in the business…
Jagan Nath Prem Nath v. Bhartiya Dhoop Karyalaya AIR 1975 DELHI 149 Facts: The Appellant was the manufacturer and dealer of ‘agarbattis’ under a registered trademark comprising the numerals ‘555’. Respondent was the registered user of trademark ‘Rajkamal’ in respect of agarbattis. The numerals ‘555’ did not appear anywhere in his registered trademark. However, the…
ITC Limited v. Nestle India Ltd. Decided on: 29.04.2015 In the High Court of Madras Image from here Facts: Plaintiff, being India’s foremost private Sector Companies, entered the Indian instant noodles market with Sunfeast Yippee! In two variants: (a) Yippee! Magic Masala and (b) Classic Masala. In March, 2013 Plaintiff came to know that the…
M/S. VRAJLAL MANILAL & CO. v. ADARSH BIDI CO. 1995 (15) PTC 88 (DEL) Facts: The Plaintiffs were the registered owners of the trademark ‘22’ for manufacturing and marketing bidis. Shortly before the institution of this suit, they noticed that the Defendant had been manufacturing and selling bidis under the mark ‘122’. The Plaintiffs filed…
Mannu Bhandari v. Kala Vikas Pictures Pvt. Ltd. and Anr. 1987 (7) PTC 87 (DEL) Facts: Mannu Bhandari, the Plaintiff/Appellant, was an author of great repute in Hindi Literature. She entered into a contract with the Defendants/Respondents for the assignment of the rights in her novel ‘Aap Ka Bunty’ for its production into a film….
Amar Nath Sehgal v. Union of India and Anr.; 2005 (30) PTC 253 (DEL) Facts: Amar Nath Sehgal, the Plaintiff, was a sculptor of international repute and fame. In 1957, he was approached by the Government of India, to design murals to be installed on the walls of Vigyan Bhavan. Plaintiff accepted the offer and…
Jagdish Gopal Kamath and Ors. v. Lime & Chilli Hospitality Services IN THE HIGH COURT OF BOMBAY Notice of motion no. 2586 of 2012 in Suit no. 2549 of 2012 Decided On: 11.03.2015 Facts: • Plaintiffs claimed to be the registered proprietors of the marks ‘Café Madras’ since 2005 in Classes 16 and 42. Plaintiffs…
Rolls-Royce Plc and Anr. v. R.R. Motors Pvt. Ltd. 1997 PTC (17) 60 Brief Facts: • Plaintiff No. 1 was the proprietor of the mark Rolls Royce and the ‘RR’ Logo in a shield and was using the same for automobiles, engines, chassis etc. Plaintiff No. 2 was the Indian arm of Plaintiff No. 1….
Goel Pocket Books v. Raja Pocket Books 1997(17) PTC 573 (Del) Respondent was the proprietor of the mark ‘NAGRAJ’ and was using the same for comic books as a lead character. Appellant also launched it’s comic books with the character and mark ‘NAGPUTRA’. Respondent filed a suit against the Appellant before the Court of District…