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United Coffee House v. Raghav Kalra & Anr.

United Coffee House v. Raghav Kalra & Anr. Before the Hon’ble High Court of Delhi at New Delhi 2013 (55) PTC 414 [Del] Decided on: 23.05.2013 United Coffee House (hereinafter referred to as the Plaintiff) filed a suit for permanent injunction restraining Infringement of Trade Mark & Passing Off against the Defendants (Raghav Kalra &…

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Britannia Industries Ltd. v. Pepsi Co Inc. & Ors.

Britannia Industries Ltd. v. Pepsi Co Inc. & Anr. Before the Intellectual Property Appellate Board, Circuit Bench, Kolkata OA/11/2007/TM/KOL 2013 (55) PTC 605[IPAB] Decided on: 26.08.2013 The Appellant (hereinafter referred to as Britannia) filed an appeal before the Intellectual Property Appellate Board (herein after referred to as IPAB) against the decision of Deputy Registrar of…

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Hindustan Lever Ltd. v. Briju Chhabra

Hindustan Lever Ltd. v. Briju Chhabra CS(OS) 2345 of 2000 Key Words: parallel import, exhaustion principle, trade mark Facts: Here, the plaintiff HLL was the registered proprietor of the trade mark LUX and LUX label in respect of toilet soaps within India. Unilever, PLC is the principal company and registered proprietor of the trade mark LUX…

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Samsung Electronics Co. Ltd. v. Kapil Wadhwa (Single Judge Bench)

Samsung Electronics Co. Ltd. v. Kapil Wadhwa C.S. (OS). No.1155/2011 Decided on 17.02.2012 Keywords: Parallel Import, Exhaustion Principle, National Exhaustion, International Exhaustion, Trade Mark, Market FACTS: The first plaintiff, Samsung Electronics Company Ltd. (P1) was a company incorporated in Korea. The second plaintiff, Samsung India Electronics Pvt. Ltd. (P2) was a company in the same…

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Mohan Meakin Ltd. v. A.B. Sugars Ltd.; CS(OS) No. 2335 of 2010

Mohan Meakin Ltd. v. A.B. Sugars Ltd. CS(OS) No. 2335 of 2010 before the Hon’ble High Court of Delhi Decided on: 10th October, 2013 The Plaintiff filed a suit against the Defendant seeking permanent injunction restraining the Defendant from using the mark/label ‘TOLD MOM’ and or/any other mark deceptively similar to the plaintiff’s trademark ‘OLD…

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Satyam Infoway Ltd v. Sifynet Solutions (P) Ltd.

Satyam Infoway  Ltd v. Sifynet Solutions (P) Ltd.;   AIR 2004 SC 3540 FACTS The Respondent (Sifynet Solutions (P) Ltd.) had registered domain names www.siffynet.com and www.siffynet.net which were similar to the Plaintiff’s domain name www.sifynet.com. Appellant (Satyam Infoway Ltd.) had considerable reputation in the market and had registered the name ‘Sifynet’ and various other…

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Carlsberg India Pvt. Ltd. vs. Radico Khaitan Ltd.

Carlsberg India Pvt. Ltd. vs. Radico Khaitan Ltd. 2012 (49) PTC 54 (Del.) (DB) Radico Khaitan Ltd. (Plaintiff) instituted a suit for infringement of Trade Mark & Passing off against Carlsberg India Pvt. Ltd. (Defendant). The disputes were over the marks ‘8 PM’ and ‘PALONE 8 PM, which were being used by the parties in…

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Wipro Cyprus Private Limited v. Zeetel Electronics

Wipro Cyprus Private Limited v. Zeetel Electronics 2010 (44) PTC 307 (Mad) Key Words: parallel import, exhaustion, trade mark, FACTS: The Appellant in this case filed a suit for permanent injunction, restraining the Respondents from using the trade mark YARDLEY or any other phonetically similar expression in any media which can infringe the Applicant’s registered…

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L’Oreal SA v. eBay International AG (C-324/09)

L’Oreal SA v. eBay International AG (C-324/09) [2011] R.P.C. 27 Key Words: Parallel Import, Exhaustion, Europe, Trade Mark, Infringement, eBay, put on the market, reputation, online sale Legal Provisions: EU Trade Mark Directive: Article 5 – According to Article 5(1) of the Directive, the registered trade mark confers on the proprietor exclusive rights therein. In addition, Article 5(1)(a)…

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Louis Vuitton Mallettier v Abdul Salim and Others

Louis Vuitton Mallettier v. Abdul Salim and Others CS(OS) 90/2006 Key Words: Parallel Import, Exhaustion, Trade Mark FACTS: This suit was filed for protection of rights in the trademark “Louis Vuitton”, trademark/logo “LV” and the “Toile monogram” design. The plaintiff as the registered proprietor of the aforesaid marks/logo/monogram sought order against the defendants from selling,…

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M/s General Electric Company v. Altamas Khan and Ors.

M/s General Electric Company v. Altamas Khan and Ors. CS(OS) No.1283/2006 Keywords: Parallel Import, Exhaustion, Trade Mark FACTS: The plaintiff, General Electric Co. filed a suit against the defendants to restrain them from misrepresenting themselves as authorized distributors of the plaintiff and from trading as GE Dehumidifiers or in any other deceptively similar trading style and…