IA No. 4439 of 2022 in CS (Comm) No. 176 of 2022 Date of decision: 14th February, 2022 Brief Facts: Plaintiffs’ Contentions: Defendants’ Contentions: Court’s Observations: The application for temporary relief was dismissed.
IA No. 8773 of 2020 in CS (Comm) No. 406 of 2020 Date of decision: 21st March, 2023 Brief Facts: Plaintiffs’ Contentions: Defendants’ Contentions: Plaintiffs’ Rejoinder: Court’s Observations: Temporary Injunction was granted against the Defendants.
Order dated 28th September, 2022 in IA No. 9130 of 2022 in CS (Comm) No. 395 of 2022 Hon’ble High Court of Delhi Brief Facts: Plaintiff’s Contentions: Defendant’s Main Contentions: Court’s observations: Temporary Injunction was granted in favour of the Plaintiff. Contributions by: Arjun Nair, Navalmal Firodia Law College
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…
I.A. No. 4397 of 2020 in CS (Comm) No. 166 of 2020 Hon’ble High Court of Delhi Date of Decision: 15th October, 2020 Brief Facts: On 2nd June, 2020 it was discovered by the Plaintiff that the Defendant had launched its product in the market under the trade mark “Chetak Whisky” whose label was allegedly…
2018 (76) PTC 479 (IPAB) Brief Facts: As per the Applicant, Applicant had adopted the mark ‘HOWRAH BIDI (LABEL)’ in the year 1941 and started to use the same from 1995. Applicant had applied for the registration of its trademark under Application No. 736949 in the year 1996. However, the said application could not be…
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…
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…
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…
366 1996 SCALE (5) 267 Brief Facts: Respondent was engaged in the business of manufacturing cigarettes under the brand name “Charminar”. Respondent obtained the registration of the said trade mark in respect of manufacturing tobacco in class 34. Respondent since its incorporation was engaged only in the manufacturing of cigarettes. Appellant was in the manufacturing…
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…
Nandhini Deluxe v. Karnataka Cooperative Milk Producers Federation Limited 2018 (75) PTC 209 (SC) Brief Facts: Respondent, was using the trademark ‘NANDINI’ for milk and milk products from the year 1985. The Respondent had also registered the said mark in Classes 29 and 30. The Appellant adopted the mark ‘NANDHINI’ in 1989 and had a restaurant…