Intellectual Property Rights | Parallel Import | Trade Mark

Samsung Electronics Company Limited and Another v. G. Choudhary and Anr.

Samsung Electronics Company Limited and Another v. G. Choudhary and Another[1] FACTS: Samsung initially brought suit in the district court in Delhi seeking an injunction based upon a claim of trademark infringement against the unauthorized distributors from importing and distributing Samsung’s products. The district court denied the injunction. In appeal, the plaintiff prayed for an…

Intellectual Property Rights | Trade Mark

Institute of Cost Accountants of India v. The Registrar of Trade Marks, Mumbai & Anr.

Institute of Cost Accountants of India v. The Registrar of Trade Marks, Mumbai & Anr. W.P. No. 2088 of 2012 (High Court of Bombay) FACTS: The Petitioner had filed a Trade Mark application, which was objected by the Registrar of Trade Marks vide letter dated 19th September, 2011. However, said letter was merely uploaded on…

Intellectual Property Rights | Parallel Import | Trade Mark

Kapil Wadhwa v. Samsung Electronics

Kapil Wadhwa v. Samsung Electronics 2013 (53) PTC 112 (Del.) (DB) ISSUE: Whether the Indian Trade Marks Act, 1999 embodies the International Exhaustion Principle or National Exhaustion principle when the Registered Proprietor of Trade Mark places the goods in the market under Registered Trade Mark. FACTS: Samsung (Korea) and it’s Indian subsidiary Samsung India filed…

Intellectual Property Rights | Trade Mark

Allied Blenders and Distillers Pvt. Ltd. v. Intellectual Property Appellate Board, The Deputy Registrar of Trade Marks and John Distilleries Limited

Allied Blenders and Distillers Pvt. Ltd. v. Intellectual Property Appellate Board, The Deputy Registrar of Trade Marks and John Distilleries Limited  AIR 2009 Mad 196, 2010(42)PTC57(Mad) LAW POINTS: Section 21 of the Trade Marks Act, 1999 requires a party opposing registration of a trade mark to file a notice of opposition to the registration within…