2008 (37) PTC 1 (SC) Brief Facts: Respondent, had registered their designs for diamond shaped glass sheets under the Designs Act, 2000. The Respondent therefore acquired the sole right to manufacture and market the glass sheets in the design that was registered in its name. The designs that were formed on the glass sheets were…
Khoday Distilleries Limited (Khoday India Limited) v. The Scotch Whisky Association and Ors. 2008 (37) PTC 413 (SC) Brief Facts: Appellant manufactured whisky under the mark ‘Peter Scot’ since the year 1968. Respondents, an industry body of distillers, blenders and exporters of Scotch whisky, learnt about the Appellant’s trade mark application in 1974.[1] Respondents had…
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…