Blue Cross Laboratories Ltd. Vs. RB Remedies Pvt. Ltd. IN THE HIGH COURT OF BOMBAY Decided On: 27.01.2015 Plaintiff was registered proprietor of the trade mark ‘CEDON’ as of 14.08.1996 in respect of pharmaceutical products. In August 2014, the Plaintiff learnt about the use of the mark ‘CEFDON’ by Defendant in respect of similar goods,…
Kaveri Hotels Private Limited Vs. Intellectual Property Appellate Board & Anr. IN THE HIGH COURT OF GUJARAT AT AHMEDABAD Decided On: 06.01.2015 Facts: An application for registration of a trade mark was filed by one Mr. Gulraj Vaswani, as the proprietor of CHOKHI DHANI, to register the mark (logo) ‘Chokhi Dhani’ in respect of ‘food…
Ranbaxy Laboratories Ltd. Vs. Dua Pharmaceuticals Pvt. Ltd. 1988 (8) PTC 273 (Del) Plaintiff had filed a suit alleging that its registered trade mark “CALMPOSE” has been infringed by the defendant, who is manufacturing similar medicine and marketing under the mark of “CALMPROSE”. Defendant’s Case: Medicine in question is sold by chemists on the prescription…
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…
Teva Pharmaceutical Industries Ltd. & Ors. v. Natco Pharma Ltd. 2014 (59) PTC 124 Appellant had a process Patent. Appellant filed a quia timet suit before the Delhi High Court towards infringement of Patent as the Respondent was in the process of exporting the product manufactured by the process covered in the Patent. Respondent filed…
Citation: AIR 1990 Ker 119 Facts: The Respondent was a firm of which the Appellant was a partner till her retirement on 1st September, 1987. The Respondent had applied for the registration of its Mark ‘Tonoform’. The Appellant after retirement from the firm, started an identical business and the trade name used by her was ‘Tonoform’….
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…
Philips India Pvt. Ltd. v. Shree Sant Kripa Appliances Pvt. Ltd.; 19.01.2015 (Delhi High Court) Plaintiff was manufacturer of CFLs having a 30% share in the market. Defendant launched an advertising campaign showing advantages of LEDs over CFLs. The Plaintiff filed a suit for false, misleading and disparaging representations. The Hon’ble Court relied on Dabur…
Sanjay Kapur & Anr. v. Dev Agri Farms Pvt. Ltd.; 2014 (59) PTC 93 (Del) Plaintiff was selling tea pouches in a particular packaging since 1981. As per the Plaintiff the packaging was distinctive. It comprised a soft paper packet shaped in rectangular sided cuboid. This packet was shipped in a fabric sleeve and was…
Strix Limited Vs. Maharaja Appliances Limited I.A. No. 7441 of 2008 in C.S. (OS) No. 1206 of 2008 Decided On: 10.09.2009 Facts: Plaintiff had a product patent in respect of ‘Liquid Heating Vessels’. Plaintiff claimed that Strix U10 Series Controls were sold by it first in 1996. Claims in the Patent: The principal claim of…
Glaxosmithkline Consumer Healthcare Ltd. Vs. Abbott Healthcare Pvt. Ltd. and Ors.; 2009(40) PTC 437 (Cal) Plaintiff, the manufacturers of Horlicks had a tagline “”Taller, stronger, sharper” for it’s health food drink powder . Defendant was using the line “sabse tallest, strongest, brightest” as a prominent feature of a commercial for a similar product called Pediasure….
Super Cassettes Industries Ltd. v. Music Broadcast Pvt. Ltd. 2012 (50) PTC 225 (SC) ISSUE: Whether on a complaint made to the Copyright Board under Section 31 of the Copyright Act, 1957, the said Board under Clause (b) of Sub-section (1) can pass an interim order in the pending complaint. In other words, whether the…