McCain International Ltd. v. Country Fair Foods Ltd. 1981 RPC 69 Brief Facts: In January 1979, McCain International Limited(Plaintiff) launched in the market chipped potatoes and conducted an extensive advertising campaign in which they referred consistently and accurately to ‘McCain Oven Chips’ in the same way as they so referred consistently extensively and accurately in…
Hi-Tech Pipes Ltd. vs. Asian Mills Pvt. Ltd. 2006 (32) PTC 192 (Del.) Brief Facts: Plaintiff, Hi-Tech Pipes Ltd. was established in 1985 and started manufacturing steel pipes in 1988 under the trademark ‘Gujarat’. As per the Plaintiff, this trademark had acquired secondary meaning and distinctiveness on account of its open, regular, continuous, extensive and…
Rich Products Corporation & Anr. v Indo Nippon Food Limited 2010 (44) PTC 515 (Del) Brief Facts: Rich Corporation (Appellant) was the registered proprietor of the mark “RICH’S WHIP TOPPING” for ‘non-dairy topping, icing, filling and generally for other goods’ in Class 30 of the Trade Mark Rules. Appellant claimed that the word mark “WHIP…
Tata Sons Limited v. Mr. Manu Kosuri & Ors. 2001 PTC 432 (Del) Brief Facts: • The Plaintiff was the Registered Proprietor of the trademark ‘TATA’ since 1917 and is one of the oldest and largest business conglomerates in India and its reputation spilled globally. • The Defendants’ misappropriated the Plaintiff’s trademark TATA as part…
Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories AIR 1965 SC 980 Full Bench Brief Facts: • Respondent firm was founded in 1926 under the name of “Navaratna Pharmacy” later changed to “Navaratna Pharmaceutical Laboratories” in 1945. Respondent was a manufacturer of medicinal products and proprietor of two registered trademarks “Navaratna” and “Navaratna Pharmaceutical…
Dr. Reddy’s Laboratories Limited v. Manu Kosuri & Anr. 2001 (58) DRJ 241 Brief Facts: • Plaintiff company was established in the year 1984 for research and development activity in the field of medicine • Plaintiff company had registered a domain name ‘drreddys.com’. • In the month of January, 1999, Plaintiff came to know that…
Info Edge (India) Pvt. Ltd. and Anr. v. Shailesh Gupta and Anr. 98 (2002) DLT 499 Brief Facts: Plaintiff adopted the name ‘NAUKRI.COM’ in 1997 and since then the Plaintiff was carrying on the business under the aforesaid domain name. In 1999, Defendant registered two domain names ‘JOBSOURCEINDIA.COM’ & ‘NAUKARI.COM’ and was in the identical…
Skyline Education Institute (Pvt.) Ltd. V. S.L. Vaswani & Anr. 2010 (42) PTC 217 (SC) Full Bench Facts: The Appellant, Skyline Education Institute, was a company imparting education and training to individuals in all disciplines of education. One of the Respondents, Satilila Charitable Society, was a society registered with the main object to establish colleges…
Polson Ltd. v. Polson Dairy Ltd. and Ors.; 1996 PTC 709 Facts: 1888: Seth Pestunji Edulji Polson started business of selling coffee in Bombay 1900: He started using the trade mark ‘Polson’ which was part of his name for selling coffee. 1915: He started marketing and selling butter, cheese, flour, etc. besides coffee under the…
Om Prakash Gupta v. Parveen Kumar & Anr. 2000 (20) PTC 326 (DEL) Facts: Plaintiff was the registered proprietor of the label ‘Suraj Chhap’ in respect of scented chewing tobacco. However, the registration of the Plaintiff was granted subject to a disclaimer on the word ‘Suraj’ and the device of ‘Sun’. The Plaintiff used the…
Shaw Wallace & Co. Ltd. and Anr. v.Superior Industries Ltd. 2003 (27) PTC 63 (DEL) Facts: Plaintiff was in the business of manufacturing alcoholic beverages for the last 100 years. He had been selling alcoholic beverages under various distinctive trademarks such as Royal Challenge, Haywards 5000, Haywards 2000 etc. Defendant was also in the business…
Rolls-Royce Plc and Anr. v. R.R. Motors Pvt. Ltd. 1997 PTC (17) 60 Brief Facts: • Plaintiff No. 1 was the proprietor of the mark Rolls Royce and the ‘RR’ Logo in a shield and was using the same for automobiles, engines, chassis etc. Plaintiff No. 2 was the Indian arm of Plaintiff No. 1….