Chanel Ltd. v. Sunder Chemicals Agarbati Works (P) Ltd. and Anr. 2003 (26) PTC 52 (Delhi) Brief Facts: Plaintiff, Chanel Ltd., was a foreign company manufacturing and marketing various types of perfumes and cosmetics and has acquired a worldwide reputation for its trademark CHANEL. The pronunciation of the trade mark CHANEL starts with a “sh”…
Alfred Dunhill Limited v. Kartar Singh Makkar and Ors. 1999 (19) PTC 294 (Del) Brief Facts: Plaintiff was a company incorporated under the laws of England and engaged in manufacturing and marketing a wide range of products including textiles under the trademark ‘DUNHILL’. Defendants were also engaged in manufacturing and selling the textile articles under…
Blue Cross Laboratories Ltd. Vs. RB Remedies Pvt. Ltd. IN THE HIGH COURT OF BOMBAY Decided On: 27.01.2015 Plaintiff was registered proprietor of the trade mark ‘CEDON’ as of 14.08.1996 in respect of pharmaceutical products. In August 2014, the Plaintiff learnt about the use of the mark ‘CEFDON’ by Defendant in respect of similar goods,…
Emcure Pharmaceuticals Ltd. Vs. Corona Remedies Pvt. Ltd. In the Bombay High Court of Bombay 10.09.2014 Plaintiff was proprietor of registered trademarks, OROFER and OROFER-XT. Defendant was using COROFER and COROFOER-XT. Facts: • In 1996, the Plaintiff’s marks OROFER and OROFER-XT were registered. • In 2006, the Plaintiff noticed the Defendant’s advertisement in the Trade…
Warner Bros. Entertainment Inc. and Anr. Vs. Harinder Kohli and Ors. 155 (2008) DLT 56 Plaintiffs were registered proprietors for the word mark “HARRY POTTER”. Plaintiffs claimed that the movie “HARI PUTTAR” is an infringing variant of the trademark “HARRY POTTER”. Plaintiff’s Contentions: Defendants are passing off their film as that of the motion picture…
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…
Castrol Ltd. and Anr. Vs. A.K. Mehta and Anr. 1997 (17) PTC 408 Del (DB) Appellant No. 1 was a Company incorporated under the law of England. Appellant No. 2, Castrol India Ltd. was a Company incorporated under the Indian Companies Act, 1956 It carries on business at a large and extensive scale in high…
Shri Pankaj Goel Vs. Dabur India Ltd. 2008 (38) PTC 49 (Del) (DB) Respondent filed a suit against the Appellant seeking a permanent injunction for restraining the Appellant towards using the mark ‘RASMOLA’ for digestive tablets as the mark ‘RASMOLA’ is similar to ‘HAJMOLA’. The Respondent obtained an ex parte injunction in it’s favour. Th…
Midas Hygiene Industries Pvt. Ltd. Vs. Sudhir Bhatia and Ors. 2004 (28) PTC 121 (SC) The Appellants had filed a suit for passing off and for infringement of Copyright against the Respondent before the High Court. Hon’ble High Court noted that the Respondent worked with the plaintiff prior to launching it’s own business and the…