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…
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…
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,…
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…
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…
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…
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…
Alfred Dunhill Limited v. Kartar Singh Makkar and Ors. 1999 (19) PTC 294 (Del) Brief Facts: Plaintiff was a company incorporated under the laws of England and engaged in manufacturing and marketing a wide range of products including textiles under the trademark ‘DUNHILL’. Defendants were also engaged in manufacturing and selling the textile articles under…
Mrs. Ishi Khosla v. Anil Aggarwal and Anr.; 2007 (34) PTC 370 (Del) Facts: Mrs. Ishi Khosla (Plaintiff) founded a sole proprietorship firm called ‘M/s. Whole Foods’, involved in the business of manufacturing and retailing ‘healthy and healing food products’. Although the Plaintiff applied for registration of the trademark – ‘Whole Foods’ somewhere around July, 2004,…