No need to prove actual damage
CASE LIST
- Laxmikant V. Patel v. Chetanbhai Shah & Anr.; 2002 (24) PTC 1 [Summary]
- Prakash Glass and Rubber Works & Anr. v . Hindustan Safety Glass Works Pvt. Ltd.; 2006 (2) Calcutta High Court Notes 555
A Admitted Debt u/s 433(3) of Companies Act, 1956 Alternative Remedy to be initiated before invoking just and equitable clause u/s 433 (f) B Bona fide dispute C Commercial Insolvency Creditor’s Objection to Winding Up Composite petitions under Sections 397, 398 and 433(f) D Dissolution of Partnership and Deadlock as grounds for Winding Up under Section…
Procter & Gamble Manufacturing (Tianjin) Co. Ltd. & Ors. v. Anchor Health & Beauty Care Pvt. Ltd.; 30.05.2014; FAO(OS) No. 241 of 2014 before the Division Bench of the Delhi High Court Respondent was Regd. Proprietor of the mark ALLROUND claiming user since 2004. Appellant started using ‘ALL-AROUND PROTECTION’ for tooth paste and ALL ROUNDER…
Titan Industries Vs. Nitin P. Jain and Anr. 2006 (32) PTC 95 (Del) The Plaintiff was incorporated in the year 1987 and its activities included manufacturing and marketing of watches, clocks and jewellery. The cause of filing the suit was the manufacturing and marketing of watches by the Defendants under the trade name/trade mark SONA…
Dhodha House Vs. S.K. Maingi & Patel Field Marshal Industries and Ors. Vs. P.M. Diesel Limited (2006) 9 SCC 41 In this matter, there were two civil appeals before the Hon’ble Supreme Court. Facts: 1st Civil Appeal Appellant filed a suit against the Respondent to protect his copyright, trade marks and common law rights as…
CASE LIST It is the assignment of trade mark that creates rights in favour of the assignee and not the registration of assignment as contemplated in Section 45 of the Trade Marks Act, 1999. If the application for getting transferred the registered trademark in the office of the Registrar is pending, that does not debar…
Monnet Ispat and Energy Ltd. Vs. Union of India (UOI) and Ors. AND Abhijeet Infrastructure Ltd. Vs. Chief Secretary, State of Jharkhand, (2012) 11 SCC 1 “The doctrine of desuetude denotes principle of quasi repeal but this doctrine is ordinarily seen with disfavour. Although doctrine of desuetude has been made applicable in India on few occasions but for its applicability, two…