Midas Hygiene Industries Pvt. Ltd. v. Sudhir Bhatia In the High Court of Delhi, at New Delhi RFA No. 239, 240 and 241 of 2011 Date of decision: 04.11.2015 Brief facts: • The Respondent had filed an application before the Copyright Board under Section 50 of the Copyright Act, 1957 seeking cancellation of Copyright Registration…
Corn Products Refining Co. v. Shangrila Food Products Ltd. AIR 1960 SC 142 Brief Facts: Shangrila Food Products (hereinafter referred to as the Respondent) was a manufacturer of biscuits. On November 5, 1949 the Respondent made an application to the Registrar for the registration of the mark “Gluvita” under the Trade Marks Act, 1940 (hereinafter…
Express Bottlers Services Private Ltd. v. Pepsico Inc. and Ors. 1989 (9) PTC 14 (Calcutta) Brief Facts: Respondent No. 1, Pepsico Inc., was a company incorporated under the appropriate laws of Delaware, in the United States of America and was the registered proprietor of the marks, “Pepsi Cola” “Pepsi” and “Pepsico”. Petitioner claimed to be…
Fedders Lloyd Corporation Ltd. v. Fedders Corporation 2005 (30) PTC 353 (Del-DB) Facts: Under an agreement entered into between ‘Fedders Quiogan Corporation’ (the Respondent) and the then partnership firm, ‘M/s Llyod Electric and Engineering Company’, on 21st May 1956, a license to deal in air conditioners was granted to the latter for 5 years under…
Koninklijke Philips Electronics NV v. Smt. Kanta Arora and Ors. 2005 (30) PTC 589 (Del) Image from here Facts: Plaintiff No. 1 was a company established under the Dutch laws in 1891 as “Philips & Co.”. Over 107 years, it had become one of the world’s biggest electronic company, producing a variety of electrical and…
Nirma Limited v. Nimma International and Anr. 2010 (42) PTC 307 (Del) Facts: Plaintiff (Nirma Ltd.), was the proprietor of the trademarks ‘Nirma’ and ‘Nima’, registered in 1979 and 1982 respectively, under the class dealing with detergent powder, toilet soaps, etc. Plaintiff was aggrieved by the Defendants’ (Nimma International and Anr.) use of the marks…
Chanel Ltd. v. Sunder Chemicals Agarbati Works (P) Ltd. and Anr. 2003 (26) PTC 52 (Delhi) Brief Facts: Plaintiff, Chanel Ltd., was a foreign company manufacturing and marketing various types of perfumes and cosmetics and has acquired a worldwide reputation for its trademark CHANEL. The pronunciation of the trade mark CHANEL starts with a “sh”…
Mars Incorporated v. Kumar Krishna Mukherjee & Ors. 2003 (26) PTC 60 (Del) Brief Facts: Plaintiff was the proprietor of the Trademark ‘MARS’, which was registered in India and in as many as 170 countries. It was used in respect of chocolates, confectionery, preserved food products and other foodstuffs in India. Defendants sought to incorporate…
Larsen and Toubro Limited v. Lachmi Narain Trades and Ors. 2008 (36) PTC 223 (Del) (DB) Facts: Appellant (Larsen and Toubro Ltd.) was engaged in diverse business activities, with subsidiaries using the prefix ‘LandT’ for over half a century. It applied for registering the marks ‘Larsen and Toubro’ and ‘LandT’, the applications of which were…
Mrs. Ishi Khosla v. Anil Aggarwal and Anr.; 2007 (34) PTC 370 (Del) Facts: Mrs. Ishi Khosla (Plaintiff) founded a sole proprietorship firm called ‘M/s. Whole Foods’, involved in the business of manufacturing and retailing ‘healthy and healing food products’. Although the Plaintiff applied for registration of the trademark – ‘Whole Foods’ somewhere around July, 2004,…
Grandlay Electricals (India) Ltd. & Ors. v. Vidya Batra & Ors. 1998 (18) PTC 646 (Del) Brief Facts: Plaintiff No. 1 was a partnership firm involved in manufacturing wires, cables/electric cables and insulated wires. Plaintiff No. 1 enjoyed goodwill for its quality products under the registered trademark “Grandlay Cables”. Plaintiff No. 2 and four others…
Bikanervala v. New Bikanerwala 2005 (30) PTC 113 (Del) Facts of the case: The Plaintiff is a partnership firm involved in manufacturing and marketing ethnic food including sweets and namkeens since 100 years. In 1981, they opened an outlet in Karol Bagh under the trade mark “Bikanervala”. In 1992, Plaintiff also adopted an artistic label…