Design | Intellectual Property Rights | Passing Off | Trade Mark

Gorbatschow Wodka K.G. v. John Distilleries Limited

2011 (47) PTC 100 (Bom) Brief Facts: The Plaintiff was a wholly owned subsidiary of Henkell & Co. Sektkellerei KG, headquartered in Germany. Plaintiff had acquired the registration of the shape of its bottle used for selling Vodka in a number of countries. In 2008, Plaintiff applied for the registration of the shape of its…

Intellectual Property Rights | Passing Off | Trade Mark

Delhivery Private Limited v. Treasure Vase Ventures Private Limited

14th August, 2020 High Court of Delhi CS (Comm) No. 217 of 2020 Brief Facts: Plaintiff was engaged in the business of logistics, transportation and management under the Trademark “DELHIVERY” since 2011. Plaintiff had 27 registrations pertaining the mark ‘DELHIVERY’ under Classes 35, 39 and 42 of the Trade Marks Act, 1999. Defendant, on the…

Intellectual Property Rights | Passing Off | Trade Mark | Uncategorized

Gurnam Sigh v. G.I. Cosmetics

2019 (77) PTC 222 (Del) Brief Facts: Plaintiff was using the mark ‘BLUE HEAVEN’ since 1972 for cosmetic products. Defendant started to use the mark ‘MISS HEAVEN’ in the year 2016 for identical goods. Plaintiff filed a suit for infringement of trade mark and passing off against the Defendant. Along with the suit, the Plaintiff…

Intellectual Property Rights | Passing Off | Trade Mark

H & M Hennes & Mauritz Ab & Anr. v. HM Megabrands Pvt. Ltd. & Ors.

2018 (74) PTC 229 (Del) Brief facts: Plaintiff, was a well-known designer, marketer, and seller of wide and varied fashionable clothing collection and ancillary product and services for women, men, teenagers, and children. To firmly and formally establish its presence in India, Plaintiff No. 1 claimed to have incorporated its subsidiary H & M Hennes…

Design | Intellectual Property Rights | Passing Off | Uncategorized

Carlsberg Breweries A/S v. Som Distilleries and Breweries Ltd.

2019 (77) PTC 1 (Del) Brief Facts The present suit sought for the reliefs of infringement of design and a decree for injunction against passing off. By an order dated 02.05.2017, the Learned Single Judge referred the following  question to a Five judge bench of the Hon’ble High Court of Delhi: “whether the decision in…

Intellectual Property Rights | Passing Off | Trade Mark

T.V. Venugopal v. Ushodaya Enterprises Ltd. & Anr.

T. V. Venugopal v. Ushodaya Enterprises Ltd. & Anr. (2011) 4 SCC 85 Brief Facts: Ashika Incense Incorporated, a sole proprietor firm of Appellant was established in 1988 at Bangalore dealing in the manufacturing and selling of the incense stick. Appellant in the year 1993 had honestly and bona fidely adopted the trademark “Eenadu” which…

Intellectual Property Rights | Passing Off | Trade Mark

K. Narayanan and Ors. v. S. Murali

Citation: 2008 (10) SCC 479 Brief Facts: Appellants were engaged in the business of manufacturing and selling banana chips and had adopted the trademark ‘A-ONE’ in 1986. Appellants had applied for trade mark registration before the Trade Mark Registry at Chennai in 1999. The said application was pending at the time of the present Civil…

Intellectual Property Rights | Passing Off | Trade Mark | Uncategorized

ITC LIMITED V. NESTLE INDIA LTD. – CURIOUS CASE OF ‘THE MAGIC NOODLES’ – PART II: POST TRIAL DECISION

ITC Limited v. Nestle India Ltd. Decided on: 10.06.2020 In the High Court of Madras On 10th June, 2020, the Hon’ble High Court of Madras provided a final decision on the suit for passing off filed by ITC Limited (hereinafter ‘ITC’) against Nestle India Limited (hereinafter ‘Nestle’) over latter’s use of the mark ‘MAGICAL MASALA’….

Intellectual Property Rights | Passing Off | Personality Rights | Trade Mark | Uncategorized

Ms. Barkha Dutt v. easyticket, Kapavarapu, Vas

Ms. Barkha Dutt v. easyticket, Kapavarapu, Vas Case No. D2009-1247 before Administrative Panel, WIPO Arbitration and Mediation Center Date of decision: 30th October, 2009 Brief Facts: The Complainant, Barkha Dutt, a known figure in the media and particularly recognised for her reporting from conflict regions filed the present Complaint before WIPO for transfer of domain…

Intellectual Property Rights | Passing Off | Personality Rights | Trade Mark | Uncategorized

Julia Fiona Roberts v. Russell Boyd

Julia Fiona Roberts v. Russell Boyd Case No. D2000-0210 before WIPO Arbitration and Mediation Center Date of decision: 29th May, 2000 The Complainant was Ms. Julia Fiona Roberts, a famous film actress who had appeared in films such as Notting Hill, Pretty Woman, Erin Brockovich etc. The Complainant was widely featured in celebrity publications, movie…

Intellectual Property Rights | Passing Off | Trade Mark | Uncategorized

Parakh Vanijya Private Limited v. Baroma Agro Product and Ors.

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…

Intellectual Property Rights | Passing Off | Trade Mark | Uncategorized

V And S Vin Spirit Ab v. Kullu Valley Mineral Water Co.

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…