Allied Blenders & Distillers Pvt. Ltd. v. R.K. Distilleries Pvt. Ltd. FAO (OS) No. 251 of 2016 Decided on: 28th February, 2017 Hon’ble High Court of Delhi Brief Facts: Appellant filed a civil suit for infringement of trade mark, passing off and infringement of Copyright claiming to be proprietor of the mark ‘Officer’s Choice’ and…
Shoppers Stop Ltd. v. Vinod’s Shoppers Stop CS(OS) No. 458 of 2015 19.09.2016 Delhi High Court The Plaintiff was the proprietor of the mark ‘SHOPPERS STOP’ in all Classes and was using the same since 1991 as a trade mark and as part of trade name . Over the years, the Plaintiff had created…
Kumar Electric Works v. Anuj Electronics 1990 PTC 26 Plaintiff was a partnership firm. Vinod Kumar, Satish Kumar, T.C. Kumar end Raj Kumar were its partners. It was engaged in the business of manufacturing and marketing of electrical and electronics goods since the year 1979. In 1983 it started using Trade Mark “OLYMPUS” for its…
Pandit Kulfi and Cafe v. Pandit Kulfi 2016 (65) PTC 414 (Rajasthan) Brief Facts: Appellant was proprietor of the mark ‘PANDIT’ for Kulfi, Ice Creams and other milk products. Appellant came to know that the Respondent is also using the mark ‘PANDIT’ for Kulfi. Appellant filed a suit for Permanent injunction against the Respondent along…
Capital Plastic Industries v. Happy Plastic Industries 1988 PTC 182 Brief Facts: As per the Plaintiff, the Plaintiff started using the trademark RABBER from 1983 in respect of thermos jug. Plaintiff also obtained Copyright registration in the artistic label bearing the mark RABBER in 1984. After September, 1985, Plaintiff dropped the usage of the mark…
Delhi Public School Society v. DPS World Foundation and Anr. Delhi High Court 18.04.2016 Brief Facts: Plaintiff society was registered in the year 1948-49 as Delhi Public School. In 1948, Plaintiff first adopted the distinctive crest which is reproduced herein below: The said crest was registered under different classes under the Trade Marks Rules, 2002…
Kamal Kant & Company LLP v. Raashee Fragrances India Pvt. Ltd. CS(OS) No.1471/2015 4th November, 2015 Plaintiff was a registered proprietor of the trade mark ‘RAJSHREE’ for pan masala, supari, betel nuts, zarda mix, mouth freshener etc. Plaintiff filed a suit against the Defendant who was using the mark ‘RAASHEE’ for infringement of trade mark,…
Living Media India Ltd. and Ors. v. Alpha Dealcom Pvt. Ltd. and Ors. 2016 (66) PTC 200 (Del) Brief Facts: Appellant claimed to be a major media corporation in India. As per the Appellants, Appellant No. 1 was owner and publisher news magazine “INDIA TODAY”, since 1975. Appellant No. 1 also published a business magazine under…
Toni & Guy Products Ltd. & Anr. v. Shyam Sunder Nagpal 2014 (57) PTC 159 (Del) Facts: Plaintiff No. 1, a company incorporated under the laws of England was engaged in manufacturing and marketing of hair care products under the mark TONI & GUY. The Plaintiff No. 2, also company incorporated under the laws of…
Neon Laboratories Ltd. v. Medical Technologies Ltd. and Ors. 2015 (64) PTC 225 (SC) Brief Facts: Respondents through their predecessors in interest were using the mark ‘Profol’ in India since 1998 for pharmaceutical product. In 2005, Respondents came to know that the Defendant have launched a drug called ‘ROFOL’ for identical product. Respondents filed a suit for…
Imperial Tobacco Co. of India Ltd. v. Registrar of Trade Marks and Anr. AIR 1968 Calcutta 582 Brief facts: The Appellant applied for Registration of the mark “Simla” under Part A of the Register. A Show Cause Notice was issued to the Appellant stating that the word “Simla” is a geographical name and registrable only…
Lal Babu Priyadarshi v. Amritpal Singh 2015 (12) SCALE 76 Brief Facts: An application for registration of trademark “RAMAYAN” with the device of crown in class 3 was filed by the Appellant in respect of incense sticks (agarbattis, dhoops) and perfumeries etc. The said application was opposed by the Respondent before the Registrar of Trade…