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
Edgar Rice Burroughs Inc v OHIM (R708/2006-4) Board of Appeal Date of decision: 27th September, 2007 In 2004, the Applicant applied for registration “The Tarzan Yell”[1] through a sonogram. The sonogram/proposed sound mark is depicted herein below: The examiner did not consider the sonogram as an acceptable ‘graphical representation’ of a sound mark and relying…
Hindustan Pencils (P) Ltd. v. India Stationery Products Co. and Anr. AIR 1990 Delhi 19 Plaintiff adopted the mark Nataraj with the device of dancing Nataraj in 1961 and got the same registered. Plaintiff’s Case: Plaintiff got to know somewhere in the middle of the year 1985 that the Defendants had registered a copyright similar…
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…
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,…
Wockhardt Limited v. Torrent Pharmaceuticals Ltd. and Ors. 2018 (76) PTC 225 (SC) Brief Facts: Plaintiff/Respondent had trade marks ‘CHYMORAL’ and ‘CHYMORAL FORTE’, used for a drug administered post-surgically for swellings that may arise and/or wounds that may arise. Plaintiff claimed use of the mark from the year 1988 through its predecessor in interest from…
CASE LIST Section 35 of the Stamp Act operates as a bar to an unstamped instrument being admitted in evidence or being acted upon. Hindustan Steel Ltd. v. M/s. Dilip Construction Co., AIR 1969 SC 1238 Unless the stamp duty and penalty due in respect of the instrument is paid, the court cannot act upon…