INTELLECTUAL PROPERTY ATTORNEYS ASSOCIATION v. UNION OF INDIA & ANR. W.P.(C) No.3679 of 2014 in the High Court of Delhi at New Delhi Date of decision: 9th October, 2014 Controller General of Patents, Designs and Trade Marks (Controller General), Government of India passed an office order dated 8th June, 2012. Clause 3 of the same…
Pratibha M. Singh v. Singh and Associates IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 14th October, 2014 CS(OS) No. 1173 of 2012 In the present case, one Advocate filed a suit against another law firm on the ground of infringement of Trade Mark and passing off. After, a lot of…
Anglo-Dutch, Colour & Varnish Works Private Limited v. India Trading House PTC (Suppl) (2) 585 (Del) Plaintiff was one of the leading manufacturers of superior white zinc paint under trade mark 1001. The salient features of the Plaintiff’s trade mark were the numeral 1001 appearing in bold type in grey lettering on a white circle…
Takkar (India) Tea Company v. Soongachi Tea Industries Pvt. Ltd. 2010 (44) PTC 90 (Del) Intellectual Property Appellate Board held that the mark of the Petitioner, being ‘GOLD LEAF’ is similar to the mark of the Respondent being ‘SONA’ for tea leaves and denied registration of the same. Aggrieved by the said order, the Petitioner…
In this article learn how you can register Trade Mark in India.
Sun Pharmaceutical Industries Ltd. Vs. Anglo French Drugs and Industries Ltd. Decided on: 12.09.2014 In the High Court of Delhi Appellant, marketed Oxcarbazepine, an anticonvulsant and mood stabilizing drug used in the treatment of epilepsy and bipolar disorder under the trade mark OXETOL. Respondent adopted the trademark EXITOL for administering Lactitol. Appellant filed a suit…
Emcure Pharmaceuticals Ltd. Vs. Corona Remedies Pvt. Ltd. In the Bombay High Court of Bombay 10.09.2014 Plaintiff was proprietor of registered trademarks, OROFER and OROFER-XT. Defendant was using COROFER and COROFOER-XT. Facts: • In 1996, the Plaintiff’s marks OROFER and OROFER-XT were registered. • In 2006, the Plaintiff noticed the Defendant’s advertisement in the Trade…
Diageo Brands B.V. and Ors. v. Khoday Breweries Ltd. & Ors. 03.09.2014 In the High Court of Delhi Plaintiff filed a suit for permanent and mandatory injunction for infringement of registered trademarks, for passing off, unfair competition and damages Plaintiff’s Case: Plaintiffs are the owners of the world’s best known brands such as JOHNNIE WALKER…
RAJ KUMAR PRASAD & ANR. v. ABBOTT HEALTHCARE PVT.LTD. 10.09.2014 In the High Court of Delhi FAO (OS) No. 281 of 2014 The Question “Whether a registered proprietor of a trademark can sue another registered proprietor of a trademark alleging deceptive similarity ?” came up before consideration before the Division Bench of the High Court….
Infringement of trademark and copyright in the board game called ‘SCRABBLE’ by use of metatags and hyperlinks. Whether use of metatags and hyperlinks amount to trademark infringement and therefore should be afforded protection. Find out in this landmark case.
Parle Products (P) Ltd. Vs. J.P. and Co., Mysore AIR 1972 SC 1359 Appellant was manufacturer of biscuits and owner of registered trade mark being a wrapper. This wrapper was used in connection with the sale of their biscuits known as “Parle’s Glucose Biscuits” printed on the wrapper. In March 1961, Appellant came to know…
Warner Bros. Entertainment Inc. and Anr. Vs. Harinder Kohli and Ors. 155 (2008) DLT 56 Plaintiffs were registered proprietors for the word mark “HARRY POTTER”. Plaintiffs claimed that the movie “HARI PUTTAR” is an infringing variant of the trademark “HARRY POTTER”. Plaintiff’s Contentions: Defendants are passing off their film as that of the motion picture…