Jagan Nath Prem Nath v. Bhartiya Dhoop Karyalaya AIR 1975 DELHI 149 Facts: The Appellant was the manufacturer and dealer of ‘agarbattis’ under a registered trademark comprising the numerals ‘555’. Respondent was the registered user of trademark ‘Rajkamal’ in respect of agarbattis. The numerals ‘555’ did not appear anywhere in his registered trademark. However, the…
M/S. VRAJLAL MANILAL & CO. v. ADARSH BIDI CO. 1995 (15) PTC 88 (DEL) Facts: The Plaintiffs were the registered owners of the trademark ‘22’ for manufacturing and marketing bidis. Shortly before the institution of this suit, they noticed that the Defendant had been manufacturing and selling bidis under the mark ‘122’. The Plaintiffs filed…
Jagdish Gopal Kamath and Ors. v. Lime & Chilli Hospitality Services IN THE HIGH COURT OF BOMBAY Notice of motion no. 2586 of 2012 in Suit no. 2549 of 2012 Decided On: 11.03.2015 Facts: • Plaintiffs claimed to be the registered proprietors of the marks ‘Café Madras’ since 2005 in Classes 16 and 42. Plaintiffs…
Rolls-Royce Plc and Anr. v. R.R. Motors Pvt. Ltd. 1997 PTC (17) 60 Brief Facts: • Plaintiff No. 1 was the proprietor of the mark Rolls Royce and the ‘RR’ Logo in a shield and was using the same for automobiles, engines, chassis etc. Plaintiff No. 2 was the Indian arm of Plaintiff No. 1….
M/s. Arjies Aluminim Udyog v. Sudhir Batra, New Delhi 1997 (17) PTC 187 (Del) Brief Facts: Appellant was using the mark ARJIES for aluminium door and window fittings. Respondent was using the mark ARCHIS for identical goods. Respondent might have addressed a legal notice to the Appellant asking it to restrain itself from using the…
M/s. Bengal Waterproof Limited v. M/s. Bombay Waterproof Manufacturing Company and Anr. 1997 (17) PTC 98 (SC) Question: whether the suit filed by the Appellant (Plaintiff) against the Respondents (Defendants) in the Court of Chief Judge, City Civil Court, Hyderabad being Original Suit No. 123 of 1982 was barred by the provisions of Order 2…
COBRA BEER PARTNERSHIP LTD & ANR. v. SUPERIOR INDUSTRIES LTD. Date of Decision: 08.04.2015 High Court of Delhi Facts: Plaintiff was the registered proprietor of the trade mark ‘COBRA’ and ‘KING COBRA’ for Beer. The said marks were embossed on the bottles of the Plaintiff. The Defendant was using the Plaintiff’s bottle for its own…
Dabur India Ltd. v. Alka Ayurvedic Pvt. Ltd. 2015 (61) PTC 304 (Del) Plaintiff filed a suit for infringement of trade mark and passing off against the Defendant in respect of the mark ‘PACHMOLA’. Plaintiff was the registered proprietor of the mark ‘HAJMOLA’. An ex-parte injunction was granted in favour of the Plaintiff. Later, the…
Pidilite Industries Ltd. v. Jubilant Agri & Consumer Products Ltd. 2014 (57) PTC 617 (Bom) Plaintiff was the registered proprietor of the trademark ‘FEVICOL MARINE’ and various other marks using the words ‘FEVICOL MARINE’. Plaintiff’s Registrations: Defendant was using the mark ‘JIVANJOR MARINE’ for identical products. The Plaintiff filed a suit against the Defendant for…
Precious Jewels Vs. Varun Gems 2014 (60) PTC 465 (SC) Facts: • Partners of the Respondent and the Appellant firms belonged to the same family sharing a common surname ‘RAKYAN’. • Both the parties were dealing in jewellry. Appellant was doing business in the name and style of “NEENA AND RAVI RAKYAN”. Respondent was doing…
Lupin Ltd. v. Johnson & Johnson and Shakti Bhog Foods Ltd. v. Parle Products Pvt. Ltd. Bombay High Court (Full Bench) Date of decision: 23.12.2014 Issue: “Whether the Court can go into the question of the validity of the registration of the plaintiff’s trade mark at an interlocutory stage when the defendant takes up the…
Blue Cross Laboratories Ltd. Vs. RB Remedies Pvt. Ltd. IN THE HIGH COURT OF BOMBAY Decided On: 27.01.2015 Plaintiff was registered proprietor of the trade mark ‘CEDON’ as of 14.08.1996 in respect of pharmaceutical products. In August 2014, the Plaintiff learnt about the use of the mark ‘CEFDON’ by Defendant in respect of similar goods,…