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 | Trade Mark

Allied Blenders and Distillers Pvt Ltd. v. Agribiotech Industries Limited(Abil)

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…

Intellectual Property Rights | Trade Mark | Uncategorized

Jahangir Biri Factory Pvt. Ltd. v. Mohd. Dildar Hossain and Registrar of Trade Marks

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…

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…

Intellectual Property Rights | Trade Mark

Vishnudas v. The Vazir Sultan Tobacco. Ltd.

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…

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 | Trade Mark | Uncategorized

Nandhini Deluxe v. Karnataka Cooperative Milk Producers Federation Limited

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…

Articles | FLIPSTAAN | ICL Exclusive | Intellectual Property Rights | Trade Mark | Uncategorized

flIPstaan: ‘ANGREZI MEDIUM’ AND THE NECESSITY OF MAINTAINING STRONG BRANDS

SEASON 1 EPISODE 3 – 27th September, 2020 “Aur Jahaan Tak Mhaari Beti Ka Sawaal Hai Wo To Trueford University Jaakar Rahegi, Nahi To Main Ghasiteram Todarmal Ko Par-Poto Nahi” – Champak Bansal, Angrezi Medium Introduction The above quoted dialogue could be loosely translated as “And so far as my daughter is concerned, she will…

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 | Trade Mark | Uncategorized

M/S Arudra Engineers Private Limited v. M/S Patanjali Ayurveda Limited & Anr.; Order disposing Interim Application

M/S Arudra Engineers Private Limited v. M/S Patanjali Ayurveda Limited & Anr. Date of decison: 06.08.2020 Madras High Court For brief facts and history of litigation, you can refer our post on ex-parte order here. We are not repeating the same for sake of brevity. The present summary is of the order on the adjudication…