Walter Bushnell Pvt. Ltd. v. Miracle Life Sciences; 26.05.2014; CS(OS) 220 of 2013 before the Delhi High Court Plaintiff Registered Proprietor of DROTIN for medicines claiming user since 1997, Defendants using DROTAMOL The Defendant challenged, the validity of Plaintiff’s mark and the Court observed that “With regard to validity of the trade mark of the…
Allied Blenders & Distillers Pvt. Ltd. v. Shree Nath Heritage Liquor Pvt. Ltd. 01.07.2014; CS(OS) 2589 of 2013 before Delhi High Court Plaintiff was using the mark Officer’s Choice since 1988. Defendant was using the mark Collector’s Choice. In it’s application for registration of the mark, the Defendant stated that if Officer’s Choice and Minister…
Dinesh Chandra Vaghani and Ors. Vs. Union of India (UOI) and Ors. 2010 (42) PTC 456(Del) Petitioners 1 to 5 had initially set up a partnership firm under the name of M/s. Milton Plastics and had been carrying on the business of manufacturing and marketing under the trade mark and trade name ‘Milton’. A Memorandum…
3M Innovative Properties Company & Anr. Vs. Venus Safety & Health Pvt. Ltd. & Anr. Plaintiff No. 1 was the owner of the suit patent for flat folded personal respiratory device. The invention was being used against air pollution specifically for dusts. It was alleged by the plaintiffs that the defendants infringed their suit patents….
Super Cassettes Industries Ltd. Vs. Nirulas Corner House (P) Ltd. 2008 (37) PTC 237 (Del) Plaintiff was a copyright holder of certain literary and musical works, sound recordings, music videos and cinematograph films. Defendant was engaged in the business of hotels. The Plaintiff found that few audio clippings of songs in which the Plaintiff owned…
BLUEBERRY BOOKS & ORS. v. GOOGLE INDIA PVT. LTD. & ORS. 2014 (58) PTC 62 In 2003, the Plaintiffs published a series of books under the name ‘Moral Stories’ in 4 Parts. They claimed that the stories contained in the aforementioned books are original literary and artistic works of the Plaintiffs and are protected under…
Sunder Nagar Association Regd. and Anr. v. Welfare Cultural Club (Regd.) and Anr. 1995 PTC 270 Delhi Plaintiffs, Sunder Nagar Association and Sunder Nagar Women Welfare Association were holding Sunder Nagar Diwali Mela for around 30 years. The same was used to take place in Sunder Nagar Area of Delhi. The Plaintiffs came across an…
Castrol Ltd. and Anr. Vs. A.K. Mehta and Anr. 1997 (17) PTC 408 Del (DB) Appellant No. 1 was a Company incorporated under the law of England. Appellant No. 2, Castrol India Ltd. was a Company incorporated under the Indian Companies Act, 1956 It carries on business at a large and extensive scale in high…
Automatic Electric Limited Vs. R.K. Dhawan & Anr. 1999 (19) PTC 81 Plaintiff adopted in the year 1945, the trade mark ‘DIMMERSTAT’ in relation to variable voltage auto transformers. Plaintiff was also the registered proprietor of the trade mark ‘DIMMERSTAT’ in Class 9. The case of the Plaintiff was that the Defendants had adopted the…
Shri Pankaj Goel Vs. Dabur India Ltd. 2008 (38) PTC 49 (Del) (DB) Respondent filed a suit against the Appellant seeking a permanent injunction for restraining the Appellant towards using the mark ‘RASMOLA’ for digestive tablets as the mark ‘RASMOLA’ is similar to ‘HAJMOLA’. The Respondent obtained an ex parte injunction in it’s favour. Th…
Dabur India Limited Vs. Colgate Palmolive India Ltd. 2004 (29) PTC 401 (Del) Plaintiff was the manufacturer of Dabur Lal Dant Manjan Powder. The bone of contention of the plaintiff was an advertisement in which Cinestar Sunil Shetty is seen stopping the purchasers of Lal Dant Manjan powder. He further informs them of the ill…
Dabur India Limited Vs.Emami Limited 2004 (29) PTC 1 (Del) Plaintiff was the manufacturer of Dabur Chayawanprash. Plaintiff had a market share of 63% of the total market of Chayawanprash in India. Defendant was also engaged in the manufacture of various ayurvedic formulations including Chayawanprash. Defendant was manufacturing the said Chayawanprash under the brand name…