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Sun Pharmaceutical Industries Ltd. Vs. Anglo French Drugs and Industries Ltd.

Sun Pharmaceutical Industries Ltd. Vs. Anglo French Drugs and Industries Ltd. Decided on: 12.09.2014 In the High Court of Delhi Appellant, marketed Oxcarbazepine, an anticonvulsant and mood stabilizing drug used in the treatment of epilepsy and bipolar disorder under the trade mark OXETOL. Respondent adopted the trademark EXITOL for administering Lactitol. Appellant filed a suit…

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Emcure Pharmaceuticals Ltd. Vs. Corona Remedies Pvt. Ltd.

Emcure Pharmaceuticals Ltd. Vs. Corona Remedies Pvt. Ltd. In the Bombay High Court of Bombay 10.09.2014 Plaintiff was proprietor of registered trademarks, OROFER and OROFER-XT. Defendant was using COROFER and COROFOER-XT. Facts: • In 1996, the Plaintiff’s marks OROFER and OROFER-XT were registered. • In 2006, the Plaintiff noticed the Defendant’s advertisement in the Trade…

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Diageo Brands B.V. and Ors. v. Khoday Breweries Ltd. & Ors.

Diageo Brands B.V. and Ors. v. Khoday Breweries Ltd. & Ors. 03.09.2014 In the High Court of Delhi Plaintiff filed a suit for permanent and mandatory injunction for infringement of registered trademarks, for passing off, unfair competition and damages Plaintiff’s Case: Plaintiffs are the owners of the world’s best known brands such as JOHNNIE WALKER…

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NOVARTIS AG AND ORS. v. RANBAXY LABORATORIES LTD.

NOVARTIS AG AND ORS. v. RANBAXY LABORATORIES LTD. 08.09.2014 In The High Court of Delhi Plaintiffs filed a suit against the Defendant towards infringement of it’s Patent being Patent No. 212815 for active pharmaceutical ingredient called Vildagliptin which treats Type 2 Diabetes Mellitus marketed as GALVUS and GALVUSMET. Plaintiffs’ Case: Defendant has included Plaintiffs’ patented…

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RAJ KUMAR PRASAD & ANR. v. ABBOTT HEALTHCARE PVT.LTD.

RAJ KUMAR PRASAD & ANR. v. ABBOTT HEALTHCARE PVT.LTD. 10.09.2014 In the High Court of Delhi FAO (OS) No. 281 of 2014 The Question “Whether a registered proprietor of a trademark can sue another registered proprietor of a trademark alleging deceptive similarity ?” came up before consideration before the Division Bench of the High Court….

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Mattel, Inc. and Others v Jayant Agarwalla and Others

Infringement of trademark and copyright in the board game called ‘SCRABBLE’ by use of metatags and hyperlinks. Whether use of metatags and hyperlinks amount to trademark infringement and therefore should be afforded protection. Find out in this landmark case.

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Parle Products (P) Ltd. Vs. J.P. and Co., Mysore

Parle Products (P) Ltd. Vs. J.P. and Co., Mysore AIR 1972 SC 1359 Appellant was manufacturer of biscuits and owner of registered trade mark being a wrapper. This wrapper was used in connection with the sale of their biscuits known as “Parle’s Glucose Biscuits” printed on the wrapper. In March 1961, Appellant came to know…

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Warner Bros. Entertainment Inc. and Anr. Vs. Harinder Kohli and Ors.

Warner Bros. Entertainment Inc. and Anr. Vs. Harinder Kohli and Ors. 155 (2008) DLT 56 Plaintiffs were registered proprietors for the word mark “HARRY POTTER”. Plaintiffs claimed that the movie “HARI PUTTAR” is an infringing variant of the trademark “HARRY POTTER”. Plaintiff’s Contentions: Defendants are passing off their film as that of the motion picture…

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India Tv Independent News Service Pvt. Ltd. & Ors. Vs. Yashraj Films Pvt. Ltd.

India Tv Independent News Service Pvt. Ltd. & Ors. Vs. Yashraj Films Pvt. Ltd. 2013 (53) PTC 586 (Del) There were two suits filed by Yash Raj Films. In one suit, the Defendant used the first line of the lyrics of a hit song ‘Kajra Re Kajra Re Tere Kare Kare Naina’ in an advertisement….

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Godrej Sara Lee Limited v. Reckitt Benckiser Australia Pvt. Ltd. and Anr.

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…

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Shell Brands International AG and Anr. Vs. Gagan Chanana and Ors.

Shell Brands International AG and Anr. Vs. Gagan Chanana and Ors. 2010 (44) PTC 193 (Del) Plaintiffs claimed to be owners of the ‘SHELL’ brand and several trademarks for petroleum based products. Defendants were engaged in marketing auto cables and machinery. Plaintiffs’ Case Plaintiffs became aware in Feb. 2002 that the Defendants had applied for…