Lal Babu Priyadarshi v. Amritpal Singh 2015 (12) SCALE 76 Brief Facts: An application for registration of trademark “RAMAYAN” with the device of crown in class 3 was filed by the Appellant in respect of incense sticks (agarbattis, dhoops) and perfumeries etc. The said application was opposed by the Respondent before the Registrar of Trade…
Midas Hygiene Industries Pvt. Ltd. v. Sudhir Bhatia In the High Court of Delhi, at New Delhi RFA No. 239, 240 and 241 of 2011 Date of decision: 04.11.2015 Brief facts: • The Respondent had filed an application before the Copyright Board under Section 50 of the Copyright Act, 1957 seeking cancellation of Copyright Registration…
Corn Products Refining Co. v. Shangrila Food Products Ltd. AIR 1960 SC 142 Brief Facts: Shangrila Food Products (hereinafter referred to as the Respondent) was a manufacturer of biscuits. On November 5, 1949 the Respondent made an application to the Registrar for the registration of the mark “Gluvita” under the Trade Marks Act, 1940 (hereinafter…
Krishika Lulla and Ors. v. Shyam Vithalrao Devkatta and Ors. [Criminal Appeal No. 258 and 259 of 2013] Supreme Court of India Decided on: 15.10.2015 Facts of the case: The Respondent No. 1 filed a criminal complaint against the Appellants claiming infringement of copyright in a synopsis of a story written by him with the…
Express Bottlers Services Private Ltd. v. Pepsico Inc. and Ors. 1989 (9) PTC 14 (Calcutta) Brief Facts: Respondent No. 1, Pepsico Inc., was a company incorporated under the appropriate laws of Delaware, in the United States of America and was the registered proprietor of the marks, “Pepsi Cola” “Pepsi” and “Pepsico”. Petitioner claimed to be…
ICC Development (International) Ltd. v. Arvee Enterprises and Anr. 2003 (26) PTC 245 Brief Facts: ICC Development (International) Ltd. (IDL), the Plaintiff, was formed by the members of the International Cricket Council (ICC) to own and control its commercial rights including media rights, sponsorships and other intellectual property rights relating to the ICC events. IDL…
Garware Plastics and Polyester v. Telelink and Ors. AIR 1989 Bombay 331 Brief Facts: Two suits were filed in the Bombay High Court. First, Suit No. 87 of 1989 was filed by the Plaintiffs in a representative capacity on behalf of persons who held an assignment of Video copyright in respect of many cinematograph films….
Najma Heptulla v. Orient Longman Ltd. And Ors. AIR 1989 Delhi 63 Brief Facts: The manuscript of the book ‘India Wins Freedom’ was ready for publication in November, 1957. However, before the book could be published, Maulana Azad, the author of the book, died. After that, National Archives, New Delhi and National Library, Calcutta agreed…
Fedders Lloyd Corporation Ltd. v. Fedders Corporation 2005 (30) PTC 353 (Del-DB) Facts: Under an agreement entered into between ‘Fedders Quiogan Corporation’ (the Respondent) and the then partnership firm, ‘M/s Llyod Electric and Engineering Company’, on 21st May 1956, a license to deal in air conditioners was granted to the latter for 5 years under…
Koninklijke Philips Electronics NV v. Smt. Kanta Arora and Ors. 2005 (30) PTC 589 (Del) Image from here Facts: Plaintiff No. 1 was a company established under the Dutch laws in 1891 as “Philips & Co.”. Over 107 years, it had become one of the world’s biggest electronic company, producing a variety of electrical and…
Nirma Limited v. Nimma International and Anr. 2010 (42) PTC 307 (Del) Facts: Plaintiff (Nirma Ltd.), was the proprietor of the trademarks ‘Nirma’ and ‘Nima’, registered in 1979 and 1982 respectively, under the class dealing with detergent powder, toilet soaps, etc. Plaintiff was aggrieved by the Defendants’ (Nimma International and Anr.) use of the marks…
Chanel Ltd. v. Sunder Chemicals Agarbati Works (P) Ltd. and Anr. 2003 (26) PTC 52 (Delhi) Brief Facts: Plaintiff, Chanel Ltd., was a foreign company manufacturing and marketing various types of perfumes and cosmetics and has acquired a worldwide reputation for its trademark CHANEL. The pronunciation of the trade mark CHANEL starts with a “sh”…