Daimler Benz Aktiegesellschaft & Anr. v. Hybo Hindustan 1994 PTC 287 The Plaintiffs being a famous German car company and it’s subsidiary in India, filed a suit for permanent injunction restraining infringement of trade mark against the Defendant towards use of it’s trade mark ‘Benz’ along with the device of a three pointed human being…
Ruston & Hornsby Ltd. Vs. The Zamindara Engineering Co. (1969) 2 SCC 727 Appellant carried business of manufacturing and sale of diesel internal combustion engines. Ruston Hornsby (India) Ltd., was a subsidiary of the Appellant. The Respondent was a firm carrying on business in the manufacture and sale of diesel internal combustion engines. The appellant…
Midas Hygiene Industries Pvt. Ltd. Vs. Sudhir Bhatia and Ors. 2004 (28) PTC 121 (SC) The Appellants had filed a suit for passing off and for infringement of Copyright against the Respondent before the High Court. Hon’ble High Court noted that the Respondent worked with the plaintiff prior to launching it’s own business and the…
Dharampal Premchand Ltd. v. Golden Tobacco Products 2007(34) PTC 633 (Del.) (DB) Decided on: 08.05.2007 Plaintiff had filed a suit for infringement of it’s trademark ‘BABA’, for breach of it’s copyright and for passing off. The Defendant filed an application under Order VII Rule 10 of the Code of Civil Procedure, 1908 seeking rejection of…
Colgate Palmolive Company and Anr. v. Hindustan Unilever Ltd. FAO (OS) No. 396/2013 before the Hon’ble High Court of Delhi at New Delhi Decided on: 10.12.2013 The Plaintiff filed a suit against the Defendant for permanent injunction restraining disparagement of it’s product Colgate Strong Teeth along with an application for interim relief. FACTS The Defendant had…
LT FOODS LIMITED v. HERITAGE FOODS (INDIA) LIMITED CS(OS) No. 1188 of 2011 before the Hon’ble High Court of Delhi at New Delhi Decided on: 20.11.2013 The Plaintiff filed a suit against the Defendant for permanent injunction seeking restraining orders towards infringement and passing off of it’s trade mark HERITAGE. The Defendant was a registered proprietor…
The Himlaya Drug Co. & Ors. v. Surjit Singh Sial & Anr. CS(OS) No. 1371 of 2009 before the Hon’ble High Court of Delhi at New Delhi FACTS: The Plaintiffs were engaged in the manufacturing and selling of ayurvedic product preparations. The Defendant on his website was selling herbal and other healthcare products and was…
Bloomberg Finance LP v. Prafull Saklecha & Ors. CS(OS) No. 2963 of 2012 Before the Hon’ble High Court of Delhi at New Delhi Decided on: 11th October, 2013 Facts The Plaintiff a multinational financial news corporation was founded in 1982. Plaintiff operated in India through it’s subsidiary/associate Co. in New Delhi. Plaintiff’s ‘Bloomberg’ Trademark was…
Dell Case on Parallel Import/Trade Mark Exhaustion Key Words: parallel import, trade mark exhaustion, national exhaustion, international exhaustion FACTS: In this case, three Indian importers filed Bills of Entry for import clearance of Dell laptops. These laptops were imported into India from China. On examination of the goods it was found that they were subject…
Stephen Koenig vs. Arbitrator, National Internet Exchange of India (Nixi) & Anr. AND Jagdish Purohit vs. Stephen Koenig 2012(49)PTC304(Del), 186(2012)DLT43 FACTS: The case is about dispute regarding the domain name ‘internet.in‘. The present petitions under Section 34 of the Arbitration & Conciliation Act, 1996 (‘Act’) were directed against an Award passed by the sole Arbitrator appointed by the National Internet Exchange…
D’zine Garage Pvt. Ltd. vs. D’zine Cafe FZE AND D’zine Cafe FZE vs. D’zine Garage Pvt. Ltd. Decided On: 09.10.2007 Key Words: service mark, domain name, phonetically similar, prior user, online communication, website, class 35, publici juris, generic word, distinctiveness FACTS: The respondent/plaintiff (P) was carrying on the business of a leading interactive agency, specializing in online communication for a…
World Wrestling Entertainment Inc. v. M/s. Reshma Collection Before the Hon’ble High Court of Delhi at New Delhi CS(OS) No. 1801/2013 Decided on: 04.10.2013 Plaintiff 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 MArks ‘WWE Scratch…