M/s. Arjies Aluminim Udyog v. Sudhir Batra, New Delhi 1997 (17) PTC 187 (Del) Brief Facts: Appellant was using the mark ARJIES for aluminium door and window fittings. Respondent was using the mark ARCHIS for identical goods. Respondent might have addressed a legal notice to the Appellant asking it to restrain itself from using the…
NOVARTIS AG & ORS. v. INTAS PHARMACEUTICALS LTD. I.A. No. 8421 of 2015 in CS(OS) No. 1120/2015 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: 24.04.2015 Prima Facie Facts: • Plaintiffs were engaged in the business of manufacturing and sale of ranibizumab. Plaintiffs also conducted clinical data and scientific research by…
Madan Lal Arora v. Soni Udyog and Anr. 1997 (17) PTC 651 (Del) Plaintiff was sole proprietor of M/s. Calcutta Wire Netting Industries. Plaintiff was in the business of manufacturing and marketing Wire and Wire Nettings under the trade mark ‘TIGER’ with device of ‘TIGER’. Defendant was using the mark ‘LION’ with device of ‘LION’…
M/s. Bengal Waterproof Limited v. M/s. Bombay Waterproof Manufacturing Company and Anr. 1997 (17) PTC 98 (SC) Question: whether the suit filed by the Appellant (Plaintiff) against the Respondents (Defendants) in the Court of Chief Judge, City Civil Court, Hyderabad being Original Suit No. 123 of 1982 was barred by the provisions of Order 2…
COBRA BEER PARTNERSHIP LTD & ANR. v. SUPERIOR INDUSTRIES LTD. Date of Decision: 08.04.2015 High Court of Delhi Facts: Plaintiff was the registered proprietor of the trade mark ‘COBRA’ and ‘KING COBRA’ for Beer. The said marks were embossed on the bottles of the Plaintiff. The Defendant was using the Plaintiff’s bottle for its own…
Dabur India Ltd. v. Alka Ayurvedic Pvt. Ltd. 2015 (61) PTC 304 (Del) Plaintiff filed a suit for infringement of trade mark and passing off against the Defendant in respect of the mark ‘PACHMOLA’. Plaintiff was the registered proprietor of the mark ‘HAJMOLA’. An ex-parte injunction was granted in favour of the Plaintiff. Later, the…
Pidilite Industries Ltd. v. Jubilant Agri & Consumer Products Ltd. 2014 (57) PTC 617 (Bom) Plaintiff was the registered proprietor of the trademark ‘FEVICOL MARINE’ and various other marks using the words ‘FEVICOL MARINE’. Plaintiff’s Registrations: Defendant was using the mark ‘JIVANJOR MARINE’ for identical products. The Plaintiff filed a suit against the Defendant for…
Precious Jewels Vs. Varun Gems 2014 (60) PTC 465 (SC) Facts: • Partners of the Respondent and the Appellant firms belonged to the same family sharing a common surname ‘RAKYAN’. • Both the parties were dealing in jewellry. Appellant was doing business in the name and style of “NEENA AND RAVI RAKYAN”. Respondent was doing…
Shivaji Rao Gaikwad v. Varsha Productions IN THE HIGH COURT OF MADRAS Decided on: 03.02.2015 2015 (62) PTC 351 (Madras) Plaintiff filed the present case against the Defendant from using the Plaintiff’s name/image/caricature/style of delivering dialogues in the forthcoming project/film titled ‘Main Hoon Rajinikanth’ in any manner whatsoever amounting to infiltration of the Plaintiff’s personality…
Lupin Ltd. v. Johnson & Johnson and Shakti Bhog Foods Ltd. v. Parle Products Pvt. Ltd. Bombay High Court (Full Bench) Date of decision: 23.12.2014 Issue: “Whether the Court can go into the question of the validity of the registration of the plaintiff’s trade mark at an interlocutory stage when the defendant takes up the…
Eastern Book Company and Ors. v. D.B. Modak and Anr. (2008) 1 SCC 1 Facts: Appellants were involved in the printing and publishing of various books relating to the field of law. One of the well-known publications was the law report “Supreme Court Cases”. The original Judgments were copy-edited by a team of assistant staff…
Novartis AG and Anr. v. Cipla Ltd. I.A. No.24863/2014 IN CS(OS) No. 3812/2014 Date of decision: 09.01.2015 Delhi High Court Plaintiff held a Patent for INDACATEROL (for Chronic Obstructive Pulmonary Disease). Plaintiff filed a suit against the Defendant towards infringement of the said Patent. On 22nd October, 2014 the Defendant made a representation to the…