Disruption of business of Defendant, not a ground to deny injunction
CASE LIST
- Satyam Infoway Ltd. v. Sifynet Solutions (P) Ltd.; AIR 1977 Delhi 41
Patel Field Marshal Agencies and Anr. v. P.M. Diesels Ltd. and Ors. 2018 (73) PTC 15 (SC) The Respondents were the registered owner of three trademarks, the common feature of all of which was the words “Field Marshal”. Out of the three, the first trademark was registered in 1964 and the second and third were…
Dabur India Limited Vs.Emami Limited 2004 (29) PTC 1 (Del) Plaintiff was the manufacturer of Dabur Chayawanprash. Plaintiff had a market share of 63% of the total market of Chayawanprash in India. Defendant was also engaged in the manufacture of various ayurvedic formulations including Chayawanprash. Defendant was manufacturing the said Chayawanprash under the brand name…
Order dated 28th September, 2022 in IA No. 9130 of 2022 in CS (Comm) No. 395 of 2022 Hon’ble High Court of Delhi Brief Facts: Plaintiff’s Contentions: Defendant’s Main Contentions: Court’s observations: Temporary Injunction was granted in favour of the Plaintiff. Contributions by: Arjun Nair, Navalmal Firodia Law College
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,…
M/s. P.C. Mallappa & Co v. McDonald’s Corporation 1999 PTC 9 Karnataka Brief Facts: Plaintiff, McDonald’s Corporation, claimed to have a World Wide Reputation in its ‘M’ Logo. Plaintiff was in the business of restaurants and fast foods. Plaintiff had recently opened a Bangalore Office. Plaintiff came to know that Defendant is using its logo…
A contract of personal service cannot be specifically enforced in a civil suit. Case List Jitendra Nath Biswas vs. M/s. Empire of India and Ceylon Tea Co. and Anr., 1989, Supreme Court, (1989) 3 SCC 582; Pearlite Liners Pvt. Ltd. vs. Manorama Sirsi, 2004, Supreme Court; (2004) 3 SCC 172; Apollo Tyres Ltd. vs. C.P. Sebastian, 2009,…