Dell Case on Parallel Import/Trade Mark Exhaustion Key Words: parallel import, trade mark exhaustion, national exhaustion, international exhaustion FACTS: In this case, three Indian importers filed Bills of Entry for import clearance of Dell laptops. These laptops were imported into India from China. On examination of the goods it was found that they were subject…
Stephen Koenig vs. Arbitrator, National Internet Exchange of India (Nixi) & Anr. AND Jagdish Purohit vs. Stephen Koenig 2012(49)PTC304(Del), 186(2012)DLT43 FACTS: The case is about dispute regarding the domain name ‘internet.in‘. The present petitions under Section 34 of the Arbitration & Conciliation Act, 1996 (‘Act’) were directed against an Award passed by the sole Arbitrator appointed by the National Internet Exchange…
D’zine Garage Pvt. Ltd. vs. D’zine Cafe FZE AND D’zine Cafe FZE vs. D’zine Garage Pvt. Ltd. Decided On: 09.10.2007 Key Words: service mark, domain name, phonetically similar, prior user, online communication, website, class 35, publici juris, generic word, distinctiveness FACTS: The respondent/plaintiff (P) was carrying on the business of a leading interactive agency, specializing in online communication for a…
Microsoft v. Motorola C.A No. C10-18230LR FACTS: In October 2010, Motorola sent two letters[1] to Microsoft, offering to license its H.264 and 802.11 Standard Essential Patents (SEPs) on terms that, Microsoft calculated, would result in a royalty of $4 billion. These two SEPs related to certain Wi-Fi and video compression SEPs. Microsoft responded by filing…
Kiran Shoes Manufacturers v. Registrar of Copyrights & Anr. 2013 (54) PTC 386 (Del.) (DB) Decided on: 24.02.2012 Kiran Shoes Manufacturers (Appellant) filed an appeal against the order of the Copyright Board whereby the Copyright Registration of the Appellant was expunged/cancelled under Section 50 of the Copyright Act. The appellant is a Nepal based registered…
World Wrestling Entertainment Inc. v. M/s. Reshma Collection Before the Hon’ble High Court of Delhi at New Delhi CS(OS) No. 1801/2013 Decided on: 04.10.2013 Plaintiff filed a suit seeking permanent injunction restraining infringement of Copyright, Infringement of Trade Mark, Passing Off, Dilution, Rendition of Accounts, Damages, etc in respect of their Trade MArks ‘WWE Scratch…
Burlington Home Shopping Pvt. Ltd. v. Rajnish Chibber & Anr. Before the Hon’ble High Court of Delhi at New Delhi 1995 PTC (15) 278 Decided on: 20.10.1995 Plaintiff was a mail order service Company. The business of the Plaintiff was to publish mail order catalogues dealing with consumer items which were posted to the select…
Raja Pocket Books v. Radha Pocket Books Before the Hon’ble High Court of Delhi at New Delhi 1997 PTC (17) Decided on: 06.12.1996 Plaintiff filed a suit against the Defendant seeking declaration and permanent injunction restraining infringement of Copyright as well as Passing Off by use of the name and character ‘NAGESH’ which was deceptively…
United Coffee House v. Raghav Kalra & Anr. Before the Hon’ble High Court of Delhi at New Delhi 2013 (55) PTC 414 [Del] Decided on: 23.05.2013 United Coffee House (hereinafter referred to as the Plaintiff) filed a suit for permanent injunction restraining Infringement of Trade Mark & Passing Off against the Defendants (Raghav Kalra &…
Britannia Industries Ltd. v. Pepsi Co Inc. & Anr. Before the Intellectual Property Appellate Board, Circuit Bench, Kolkata OA/11/2007/TM/KOL 2013 (55) PTC 605[IPAB] Decided on: 26.08.2013 The Appellant (hereinafter referred to as Britannia) filed an appeal before the Intellectual Property Appellate Board (herein after referred to as IPAB) against the decision of Deputy Registrar of…
Hindustan Lever Ltd. v. Briju Chhabra CS(OS) 2345 of 2000 Key Words: parallel import, exhaustion principle, trade mark Facts: Here, the plaintiff HLL was the registered proprietor of the trade mark LUX and LUX label in respect of toilet soaps within India. Unilever, PLC is the principal company and registered proprietor of the trade mark LUX…
Samsung Electronics Co. Ltd. v. Kapil Wadhwa C.S. (OS). No.1155/2011 Decided on 17.02.2012 Keywords: Parallel Import, Exhaustion Principle, National Exhaustion, International Exhaustion, Trade Mark, Market FACTS: The first plaintiff, Samsung Electronics Company Ltd. (P1) was a company incorporated in Korea. The second plaintiff, Samsung India Electronics Pvt. Ltd. (P2) was a company in the same…