Intellectual Property Rights have been given protection by nations due to the commercial value they have not only for their owner but also for the nation. An economy strengthens on the basis of two important components pertaining to Intellectual Property Rights, they are the Intellectual Property (hereinafter ‘IP’) vesting in the nationals of a country…
Nirma Limited v. Nimma International and Anr. 2010 (42) PTC 307 (Del) Facts: Plaintiff (Nirma Ltd.), was the proprietor of the trademarks ‘Nirma’ and ‘Nima’, registered in 1979 and 1982 respectively, under the class dealing with detergent powder, toilet soaps, etc. Plaintiff was aggrieved by the Defendants’ (Nimma International and Anr.) use of the marks…
Grandlay Electricals (India) Ltd. & Ors. v. Vidya Batra & Ors. 1998 (18) PTC 646 (Del) Brief Facts: Plaintiff No. 1 was a partnership firm involved in manufacturing wires, cables/electric cables and insulated wires. Plaintiff No. 1 enjoyed goodwill for its quality products under the registered trademark “Grandlay Cables”. Plaintiff No. 2 and four others…
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…
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…
Kaveri Hotels Private Limited Vs. Intellectual Property Appellate Board & Anr. IN THE HIGH COURT OF GUJARAT AT AHMEDABAD Decided On: 06.01.2015 Facts: An application for registration of a trade mark was filed by one Mr. Gulraj Vaswani, as the proprietor of CHOKHI DHANI, to register the mark (logo) ‘Chokhi Dhani’ in respect of ‘food…
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…
Tolhurst v. Associated Portland Cement Manufacturers (1903), A. C. 414 (Assignment, Restraint of Trade, Standing Offer-Uncertainty) FACTS: Tolhurst, owner of chalk quarries, entered into a contract for supply of chalk to an Imperial Co. (herein after Co.) for 50 years which was to take its supplies only from Tolhurst. It was agreed that Co. would buy…
M/S Gujarat Bottling Co.Ltd. & Ors. v. The Coca Cola Co. & Ors. 1995 SCC (5) 545 (Restraint of Trade, Substitution, Assignment) FACTS: GBC entered into an agreement in 1993 with Coke for grant of franchisee to prepare, bottle, sell brands of latter, but not to be concerned with the beverages of any other brand…