Kaveri Hotels Private Limited Vs. Intellectual Property Appellate Board & Anr. IN THE HIGH COURT OF GUJARAT AT AHMEDABAD Decided On: 06.01.2015 Facts: An application for registration of a trade mark was filed by one Mr. Gulraj Vaswani, as the proprietor of CHOKHI DHANI, to register the mark (logo) ‘Chokhi Dhani’ in respect of ‘food…
Ranbaxy Laboratories Ltd. Vs. Dua Pharmaceuticals Pvt. Ltd. 1988 (8) PTC 273 (Del) Plaintiff had filed a suit alleging that its registered trade mark “CALMPOSE” has been infringed by the defendant, who is manufacturing similar medicine and marketing under the mark of “CALMPROSE”. Defendant’s Case: Medicine in question is sold by chemists on the prescription…
Atlantic Industries & Ors. v. Simron Food Processors Pvt. Ltd. CS(OS) No. 2185 of 2011 Date of Decision: 26.05.2014 Facts: The Plaintiff No.1, a corporation organized and existing under the laws of the Cayman Islands, incorporated in the year 1979, was a wholly owned subsidiary of the Coca Cola Company, which is an internationally renowned…
Citation: AIR 1990 Ker 119 Facts: The Respondent was a firm of which the Appellant was a partner till her retirement on 1st September, 1987. The Respondent had applied for the registration of its Mark ‘Tonoform’. The Appellant after retirement from the firm, started an identical business and the trade name used by her was ‘Tonoform’….
Reckitt Benckiser India Ltd. and Anr. v. Dabur India Ltd.; CS(OS) No.1829/2014 31.10.2014 (Delhi High Court) In 2006, Plaintiff started using the ‘FIREMAN DEVICE’ to market their product GAVISCON (Drug for heart burn and gastr-oesophagal disease). Defendant came out with an ad of Pudin Hara which also had FIREMAN elements. Plaintiff filed a suit for…
Philips India Pvt. Ltd. v. Shree Sant Kripa Appliances Pvt. Ltd.; 19.01.2015 (Delhi High Court) Plaintiff was manufacturer of CFLs having a 30% share in the market. Defendant launched an advertising campaign showing advantages of LEDs over CFLs. The Plaintiff filed a suit for false, misleading and disparaging representations. The Hon’ble Court relied on Dabur…
Sanjay Kapur & Anr. v. Dev Agri Farms Pvt. Ltd.; 2014 (59) PTC 93 (Del) Plaintiff was selling tea pouches in a particular packaging since 1981. As per the Plaintiff the packaging was distinctive. It comprised a soft paper packet shaped in rectangular sided cuboid. This packet was shipped in a fabric sleeve and was…
Vicco Laboratories, Bombay v. Hindustan Rimmer, Delhi AIR 1979 Delhi 114 Plaintiff was manufacturing and marketing since 1965 vanishing cream containing turmeric and sandal wood under the name of Vicco Turmeric Vanishing Cream. Plaintiff had been marketing the said cream in tubes in cartons. The carton and tubes had a distinctive get up and colour…
Atlas Cycle Industries Ltd. v. Hind Cycles Limited (1973) ILR 1 Delhi 393 Appellant was a company incorporated in 1950. In 1938, a firm called Messrs Janki Dass & Co., began to import bicycles into India under the Trade Mark “EASTERN STAR”. In or about 1943, the said firm obtained trade mark registration in Class…
Bhole Baba Milk Food Industries Ltd. v. Parul food Specialities Pvt. Ltd. 2011 (48) PTC 235 (Del.) (DB) Appellant was the proprietor of a label mark ‘KRISHNA’ having pictorial reflection of Lord Krishna standing on a lotus flower for dairy products. Appellant was also the registered proprietor of the word ‘KRISHNA’ written in a unique…
South India Beverages Pvt. Ltd. Vs. General Mills Marketing Inc. Before the High Court of Delhi at New Delhi FAO(OS) No. 389/2014 Decided On: 13.10.2014 Respondent was the proprietor of the mark ‘HAAGEN – DAZS’ for ice cream claiming use since 2007 in India. Appellant was using mark ‘D’DAAZS’. The use of both the parties…
World Wrestling Entertainment Inc. v. M/s. Reshma Collection Before the Hon’ble High Court of Delhi at New Delhi FAO(OS) No. 506 of 2013 Date of Decision: 15.10.2014 Appellant filed a suit seeking permanent injunction restraining infringement of Copyright, Infringement of Trade Mark, Passing Off, Dilution, Rendition of Accounts, Damages, etc in respect of their Trade…