Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories AIR 1965 SC 980 Full Bench Brief Facts: • Respondent firm was founded in 1926 under the name of “Navaratna Pharmacy” later changed to “Navaratna Pharmaceutical Laboratories” in 1945. Respondent was a manufacturer of medicinal products and proprietor of two registered trademarks “Navaratna” and “Navaratna Pharmaceutical…
Dr. Reddy’s Laboratories Limited v. Manu Kosuri & Anr. 2001 (58) DRJ 241 Brief Facts: • Plaintiff company was established in the year 1984 for research and development activity in the field of medicine • Plaintiff company had registered a domain name ‘drreddys.com’. • In the month of January, 1999, Plaintiff came to know that…
Yahoo! Inc. v. Akash Arora & Anr. 1999 PTC (19) 201 (Delhi) Brief Facts: • Plaintiff was the owner of the trademark ‘Yahoo!’ and domain name ‘Yahoo.Com’. • The Defendants adopted the name ‘Yahooindia’ for similar services which as per the Plaintiff was identical to or deceptively similar to Plaintiff’s trademark ‘Yahoo!’. • Plaintiff instituted…
Rediff Communication Limited v. Cyberbooth & Anr. AIR 2000 Bombay 27 Brief Facts: Plaintiff, Rediff Communication Limited was an on line media company carrying on the business of communication and providing services through the internet since 6th January 1997. On 8th February 1997, Plaintiff registered the domain name ‘REDIFF.COM’, with Network Solutions, Inc. In March,…
Kirorimal Kashiram Marketing and Agencies Pvt. Ltd. v. Shree Sita Chawal Udyog Mill 2010 (44) PTC 293 (DEL) Facts: The Plaintiff was user of the registered trademark ‘Double Deer’ with respect to the product rice since 1985. The Defendant was using the mark ‘Golden Deer’ with respect to rice. The Plaintiff filed an application for…
Pearl Retail Solutions Pvt. Ltd. v. Pearl Education Society 2014 (58) PTC 26 (DEL) Facts: The Plaintiff, Pearl Retail Solutions, was user of the trade mark ‘Pearl Academy of Fashion’ in respect of an educational institute since 1993. The trademark was registered in 2005 with the disclaimer of the words ‘Academy of Fashion’. The Defendant…
Info Edge (India) Pvt. Ltd. and Anr. v. Shailesh Gupta and Anr. 98 (2002) DLT 499 Brief Facts: Plaintiff adopted the name ‘NAUKRI.COM’ in 1997 and since then the Plaintiff was carrying on the business under the aforesaid domain name. In 1999, Defendant registered two domain names ‘JOBSOURCEINDIA.COM’ & ‘NAUKARI.COM’ and was in the identical…
IN THE SUPREME COURT OF INDIA S. Syed Mohideen v. P. Sulochana Bai 2015 (2) RCR (Civil) 810 Decide on: 17.03.2015 Respondent was a registered owner of trade mark ‘Iruttukadai Halwa’. Respondent was in the business of selling halwa in the aforesaid name since 1900 through it’s father-in-law. When Respondent found that Appellant was also…
Polson Ltd. v. Polson Dairy Ltd. and Ors.; 1996 PTC 709 Facts: 1888: Seth Pestunji Edulji Polson started business of selling coffee in Bombay 1900: He started using the trade mark ‘Polson’ which was part of his name for selling coffee. 1915: He started marketing and selling butter, cheese, flour, etc. besides coffee under the…
Om Prakash Gupta v. Parveen Kumar & Anr. 2000 (20) PTC 326 (DEL) Facts: Plaintiff was the registered proprietor of the label ‘Suraj Chhap’ in respect of scented chewing tobacco. However, the registration of the Plaintiff was granted subject to a disclaimer on the word ‘Suraj’ and the device of ‘Sun’. The Plaintiff used the…
Sun Pharmaceuticals Industries Ltd. v. Cipla Ltd. 2009 (39) PTC 347 (DEL) Facts of the Case: The trade mark ‘THEOBID’ was registered in the name of one Natco Fine Pharmaceuticals Private Limited for medicines. The said trade mark was assigned to the Plaintiff along with its goodwill vide a deed of assignment in 1998. Plaintiff…
Shaw Wallace & Co. Ltd. and Anr. v.Superior Industries Ltd. 2003 (27) PTC 63 (DEL) Facts: Plaintiff was in the business of manufacturing alcoholic beverages for the last 100 years. He had been selling alcoholic beverages under various distinctive trademarks such as Royal Challenge, Haywards 5000, Haywards 2000 etc. Defendant was also in the business…