Havells India Ltd. & Anr. v. Amritanshu Khaitan & Ors. 2015 (62) PTC 64 [Del] Brief Facts: Defendants released the below mentioned advertisement. In the said advertisement, the Defendant compared Eveready LED Bulb with Havells LED Bulb. Plaintiffs filed a Suit for Disparagement against the Plaintiff. Along with the suit, the Plaintiffs also filed an…
V And S Vin Spirit Ab v. Kullu Valley Mineral Water Co. 2005 (30) PTC 47 (Del) Brief Facts: Plaintiff was using the mark ‘ABSOLUT’ for Vodka Defendant started to use Kullu Valley Mineral Water Absolute for Water and Soda. Plaintiff filed the present suit against the Defendant for Infringement of Trade Mark and Passing…
M/s. P.C. Mallappa & Co v. McDonald’s Corporation 1999 PTC 9 Karnataka Brief Facts: Plaintiff, McDonald’s Corporation, claimed to have a World Wide Reputation in its ‘M’ Logo. Plaintiff was in the business of restaurants and fast foods. Plaintiff had recently opened a Bangalore Office. Plaintiff came to know that Defendant is using its logo…
P.K. Sen v. Exxon Mobile Corporation and Ors. 2017 (69) PTC 271 [Del][DB] Plaintiff No. 1 was a company incorporated in USA with no office in India. It was the registered proprietor of the mark EXXON in India. Plaintiff No. 2 Company was Plaintiffs’ wholly owned subsidiary in India. Plaintiff No. 2 carried on…
Sunil Mittal & Anr. v. Darzi on Call CS(Comm) No. 1381/2016 19th April, 2017 In October, 2016, Plaintiff, Mr Sunil Mittal and Darzi (India) LLP, registered proprietor of the trademark “THE DARZI, THE SUIT PEOPLE 1981” (Label Mark), instituted a suit against the Defendant, M/s Darzi on Call, for injunction restraining the Defendant from using…
Cipla Limited v. Novartis AG and Ors. 2017 (70) PTC 80 (Del) Respondents (Novartis AG and Ors.) filed a suit for permanent injunction seeking to restrain the Appellant (Cipla Ltd.) from infringing its Patent. Along with the suit, Respondents had also filed an application for interim relief of temporary injunction during the pendency of the…
CIPLA Limited v. CIPLA Industries Private Limited and Ors. 2017 (69) PTC 425 (Bom) Full Bench A Learned Single Judge of the High Court of Bombay vide order dated 26th April, 2016 expressed the view that decision of the Division Bench of Bombay High Court in the case of Raymond Limited v. Raymond Pharmaceuticals Pvt….
Bright Enterprises Private Ltd. and Ors. v. MJ Bizcraft LLP and Ors. Decided On: 04.01.2017 Division Bench Delhi High Court Appellants/Plaintiffs, Bright Enterprises Pvt. Ltd. and M/s. AKM Enterprises filed a civil suit for infringement of trade mark and passing off against the Defendants/Respondents MJ Bizcraft LLP and Shangri-La’s Eros Hotel. Appellants claimed proprietorship of…
Britannia Industries Ltd. v. ITC Ltd. FAO(OS) (Comm) No. 77 of 2016 Division Bench (Delhi High Court) 2017 (70) PTC 66 (Del) Brief Facts: The Respondent, ITC Ltd. filed a civil suit against the Appellant, Britannia Industries Ltd. for passing off and infringement of Copyright of the trade dress of Respondent’s product ‘Sunfeast Farmlite All…
Allied Blenders & Distillers Pvt. Ltd. v. R.K. Distilleries Pvt. Ltd. FAO (OS) No. 251 of 2016 Decided on: 28th February, 2017 Hon’ble High Court of Delhi Brief Facts: Appellant filed a civil suit for infringement of trade mark, passing off and infringement of Copyright claiming to be proprietor of the mark ‘Officer’s Choice’ and…
Shoppers Stop Ltd. v. Vinod’s Shoppers Stop CS(OS) No. 458 of 2015 19.09.2016 Delhi High Court The Plaintiff was the proprietor of the mark ‘SHOPPERS STOP’ in all Classes and was using the same since 1991 as a trade mark and as part of trade name . Over the years, the Plaintiff had created…
Kumar Electric Works v. Anuj Electronics 1990 PTC 26 Plaintiff was a partnership firm. Vinod Kumar, Satish Kumar, T.C. Kumar end Raj Kumar were its partners. It was engaged in the business of manufacturing and marketing of electrical and electronics goods since the year 1979. In 1983 it started using Trade Mark “OLYMPUS” for its…