Pandit Kulfi and Cafe v. Pandit Kulfi 2016 (65) PTC 414 (Rajasthan) Brief Facts: Appellant was proprietor of the mark ‘PANDIT’ for Kulfi, Ice Creams and other milk products. Appellant came to know that the Respondent is also using the mark ‘PANDIT’ for Kulfi. Appellant filed a suit for Permanent injunction against the Respondent along…
Capital Plastic Industries v. Happy Plastic Industries 1988 PTC 182 Brief Facts: As per the Plaintiff, the Plaintiff started using the trademark RABBER from 1983 in respect of thermos jug. Plaintiff also obtained Copyright registration in the artistic label bearing the mark RABBER in 1984. After September, 1985, Plaintiff dropped the usage of the mark…
Delhi Public School Society v. DPS World Foundation and Anr. Delhi High Court 18.04.2016 Brief Facts: Plaintiff society was registered in the year 1948-49 as Delhi Public School. In 1948, Plaintiff first adopted the distinctive crest which is reproduced herein below: The said crest was registered under different classes under the Trade Marks Rules, 2002…
Kamal Kant & Company LLP v. Raashee Fragrances India Pvt. Ltd. CS(OS) No.1471/2015 4th November, 2015 Plaintiff was a registered proprietor of the trade mark ‘RAJSHREE’ for pan masala, supari, betel nuts, zarda mix, mouth freshener etc. Plaintiff filed a suit against the Defendant who was using the mark ‘RAASHEE’ for infringement of trade mark,…
India is currently ranked at 29th position out of 30 countries in the International IP Index of 2015, released by the Global Intellectual Property Center of the US Chamber of Commerce. Recently, USA raised concerns over the IPR regime in India and classified India on the ‘priority watch list’ in a special report released by…
Living Media India Ltd. and Ors. v. Alpha Dealcom Pvt. Ltd. and Ors. 2016 (66) PTC 200 (Del) Brief Facts: Appellant claimed to be a major media corporation in India. As per the Appellants, Appellant No. 1 was owner and publisher news magazine “INDIA TODAY”, since 1975. Appellant No. 1 also published a business magazine under…
A Division Bench of the Delhi High Court vacated the injunction granted by a Single Judge against Apple Inc. (Apple) in a claim of passing of by Rohit Singh, a software developer & Vyooh Low Level Computing LLP. Facts Rohit Singh, developer of software products SplitView, DiskView and ViewScribe alleged that Apple, in its operating…
Toni & Guy Products Ltd. & Anr. v. Shyam Sunder Nagpal 2014 (57) PTC 159 (Del) Facts: Plaintiff No. 1, a company incorporated under the laws of England was engaged in manufacturing and marketing of hair care products under the mark TONI & GUY. The Plaintiff No. 2, also company incorporated under the laws of…
Neon Laboratories Ltd. v. Medical Technologies Ltd. and Ors. 2015 (64) PTC 225 (SC) Brief Facts: Respondents through their predecessors in interest were using the mark ‘Profol’ in India since 1998 for pharmaceutical product. In 2005, Respondents came to know that the Defendant have launched a drug called ‘ROFOL’ for identical product. Respondents filed a suit for…
Mr. Diljeet Titus, Advocate v. Mr. Alfred A. Adebare and Ors AND Ms. Seema Ahluwalia Jhingan and Ors. v. Titus and Co. and Ors. 2006 (32) PTC 609 (Del) Brief Facts: The present suit deals with bitterness arising amongst legal personnel. Diljeet Titus, the Plaintiff and Alfred A. Adebare, one of the opposing parties to…
Imperial Tobacco Co. of India Ltd. v. Registrar of Trade Marks and Anr. AIR 1968 Calcutta 582 Brief facts: The Appellant applied for Registration of the mark “Simla” under Part A of the Register. A Show Cause Notice was issued to the Appellant stating that the word “Simla” is a geographical name and registrable only…
Aananda Expanded v. Unknown 2002 (24) PTC 427 (Reg.) Brief Facts: Four applications for the registration of copyright were submitted to the copyright office under Section 45(1) of the Copyright Act, 1957 under the category of artistic works by M/s ABP Ltd. The works submitted for registration were a series of fonts comprising alphabets in…