Shell Brands International AG and Anr. Vs. Gagan Chanana and Ors. 2010 (44) PTC 193 (Del) Plaintiffs claimed to be owners of the ‘SHELL’ brand and several trademarks for petroleum based products. Defendants were engaged in marketing auto cables and machinery. Plaintiffs’ Case Plaintiffs became aware in Feb. 2002 that the Defendants had applied for…
Hindustan Pencils (P) Ltd. v. India Stationery Products Co. and Anr. AIR 1990 Delhi 19 Plaintiff adopted the mark Nataraj with the device of dancing Nataraj in 1961 and got the same registered. Plaintiff’s Case: Plaintiff got to know somewhere in the middle of the year 1985 that the Defendants had registered a copyright similar…
Dhodha House Vs. S.K. Maingi & Patel Field Marshal Industries and Ors. Vs. P.M. Diesel Limited (2006) 9 SCC 41 In this matter, there were two civil appeals before the Hon’ble Supreme Court. Facts: 1st Civil Appeal Appellant filed a suit against the Respondent to protect his copyright, trade marks and common law rights as…
J.R. Kapoor Vs. Micronix India 1994 Supp (3) SCC 215 Respondent as well as the Appellant manufactured and sold various electrical and electronic goods. Respondent filed a suit for injunction against the use of the trade name ‘MICROTEL’, the logo ‘M’ and the Packing carton on the ground that the same is similar to it’s…
Titan Industries Vs. Nitin P. Jain and Anr. 2006 (32) PTC 95 (Del) The Plaintiff was incorporated in the year 1987 and its activities included manufacturing and marketing of watches, clocks and jewellery. The cause of filing the suit was the manufacturing and marketing of watches by the Defendants under the trade name/trade mark SONA…
Procter & Gamble Manufacturing (Tianjin) Co. Ltd. & Ors. v. Anchor Health & Beauty Care Pvt. Ltd.; 30.05.2014; FAO(OS) No. 241 of 2014 before the Division Bench of the Delhi High Court Respondent was Regd. Proprietor of the mark ALLROUND claiming user since 2004. Appellant started using ‘ALL-AROUND PROTECTION’ for tooth paste and ALL ROUNDER…
Triumphant Institute of Management Education v. Aspiring Mind Assessment Pvt. Ltd. & Ors. 13.05.2014: CS(OS) No. 1058 of 2014 before the High Court of Delhi Plaintiff claimed to be proprietor of the mark AIMCAT in Classes 16 and 41 claiming user from 2002. Defendant was using AMCAT since 2008 and the same was an abbreviation…
Walter Bushnell Pvt. Ltd. v. Miracle Life Sciences; 26.05.2014; CS(OS) 220 of 2013 before the Delhi High Court Plaintiff Registered Proprietor of DROTIN for medicines claiming user since 1997, Defendants using DROTAMOL The Defendant challenged, the validity of Plaintiff’s mark and the Court observed that “With regard to validity of the trade mark of the…
Allied Blenders & Distillers Pvt. Ltd. v. Shree Nath Heritage Liquor Pvt. Ltd. 01.07.2014; CS(OS) 2589 of 2013 before Delhi High Court Plaintiff was using the mark Officer’s Choice since 1988. Defendant was using the mark Collector’s Choice. In it’s application for registration of the mark, the Defendant stated that if Officer’s Choice and Minister…
Dinesh Chandra Vaghani and Ors. Vs. Union of India (UOI) and Ors. 2010 (42) PTC 456(Del) Petitioners 1 to 5 had initially set up a partnership firm under the name of M/s. Milton Plastics and had been carrying on the business of manufacturing and marketing under the trade mark and trade name ‘Milton’. A Memorandum…
Sunder Nagar Association Regd. and Anr. v. Welfare Cultural Club (Regd.) and Anr. 1995 PTC 270 Delhi Plaintiffs, Sunder Nagar Association and Sunder Nagar Women Welfare Association were holding Sunder Nagar Diwali Mela for around 30 years. The same was used to take place in Sunder Nagar Area of Delhi. The Plaintiffs came across an…
Castrol Ltd. and Anr. Vs. A.K. Mehta and Anr. 1997 (17) PTC 408 Del (DB) Appellant No. 1 was a Company incorporated under the law of England. Appellant No. 2, Castrol India Ltd. was a Company incorporated under the Indian Companies Act, 1956 It carries on business at a large and extensive scale in high…