Meso Private Limited v. Liberty Shoes Ltd. & Ors. Commercial Appeal No. 362 of 2019 before the Hon’ble High Court of Bombay Date of Decision: 8th August, 2019 Facts of the case: Appellant was the registered proprietor of the marks Legend and Flirt in Class 3 for perfumes. The products on which the said…
Qualitex Co. v. Jacobson Prods. Co. 514 U.S. 159 (1995) Supreme Court of the United States Brief Facts of the case: Petitioner (Qualitex) used a special shade of green-gold colour on the pads that is made and sold to dry cleaning firms for use on dry cleaning presses since 1950s. In 1989, Respondent started using…
Libertel Groep BV v. Benelux-Merkenbureau Case No. C-104/01, European Court of Justice, 6th May, 2003 The Applicant had applied for registration of the Colour Orange for telecommunications goods and services before Benelux Trade Marks Office (BTMO). The application form contained an orange rectangle and in the space for describing the trade mark, the word ‘orange’…
In Re General Electric Broadcasting Company, Inc. 199 U.S.P.Q. 560 (TTAB, 1978) Brief Facts: Applicant filed an application to register a mark consisting of the sound made by a Ship’s Bell Clock as a service mark for Radio Broadcasting Services. The mark was described as “a series of bells tolled during four, hour sequences, beginning…
Edgar Rice Burroughs Inc v OHIM (R708/2006-4) Board of Appeal Date of decision: 27th September, 2007 In 2004, the Applicant applied for registration “The Tarzan Yell”[1] through a sonogram. The sonogram/proposed sound mark is depicted herein below: The examiner did not consider the sonogram as an acceptable ‘graphical representation’ of a sound mark and relying…
Shield Mark BV v. Joost Kist h o d n Memex; Case No. C-283/01 European Court of Justice Brief Facts: Registrant (Sheild Mark BV) of the mark had 14 registered trade marks in its favour granted by Benelux[1] Trade Marks Office. The registrations were in Class 9 (computer software (recorded), etc.), 16 (magazines, newspapers, etc.),…
Sieckmann v. Deutsches Patent-und Markenamt Case C-273/00, 2003 E.T.M.R. 37 Brief Facts: The Applicant intended to register an olfactory/smell mark, before the German Patent and Trade Marks Office, in Classes 35, 41 and 42 for which the Applicant provided the following description: “Trade mark protection is sought for the olfactory mark deposited with the Deutsches…
Raj Rewal v. Union of India & Ors. CS (Comm) No. 3 of 2018 before the Hon’ble High Court of Delhi at New Delhi Date of Decision: 28th May, 2019 Facts of the case: Raj Rewal, the Plaintiff, being an internationally acclaimed architect, designed Hall of Nations and Hall of Industries which was constructed in…
Radico Khaitan Ltd. v. Devans Modern Breweries Ltd. 258 (2019) DLT 177 Radico Khaitan Ltd. filed a suit for Infringement of Trade Mark and Passing Off against Devans Modern Breweries Ltd. in respect of the Trade Mark ELECTRA in respect of alcoholic beverages. Radico Khaitan Ltd. manufactured Ready to Drink Vodka Infused alcoholic Beverage under…
Bigtree Entertainment Pvt. Ltd. v. D. Sharma and Ors. 2019(77) PTC 411(Del) Plaintiff started using the mark “BOOKMYSHOW” in 2007 as a ticketing venture and had revenues of Rs. 150 Crores per year. Defendant was using “BOOKMYEVENT”. Plaintiff filed a suit against the Defendant for infringement and passing off in respect of its trade mark…
Wockhardt Limited v. Torrent Pharmaceuticals Ltd. and Ors. 2018 (76) PTC 225 (SC) Brief Facts: Plaintiff/Respondent had trade marks ‘CHYMORAL’ and ‘CHYMORAL FORTE’, used for a drug administered post-surgically for swellings that may arise and/or wounds that may arise. Plaintiff claimed use of the mark from the year 1988 through its predecessor in interest from…
Parakh Vanijya Private Limited v. Baroma Agro Product and Ors. 2018 (76) PTC 1 (SC) Brief Facts: Plaintiff claimed to use the mark ‘MALABAR’ for Biryani Rice from 2001. Defendants started to use the mark ‘MALABAR GOLD’ for Biryani Rice. Plaintiff filed a suit in 2012 for infringement of trade mark and passing off against…