Intellectual Property Rights | Passing Off | Trade Mark | Uncategorized

Gurnam Sigh v. G.I. Cosmetics

2019 (77) PTC 222 (Del) Brief Facts: Plaintiff was using the mark ‘BLUE HEAVEN’ since 1972 for cosmetic products. Defendant started to use the mark ‘MISS HEAVEN’ in the year 2016 for identical goods. Plaintiff filed a suit for infringement of trade mark and passing off against the Defendant. Along with the suit, the Plaintiff…

Articles | ICL Exclusive | Intellectual Property Rights | Trade Mark | Uncategorized

A GUIDE TO WELL-KNOWN TRADE MARKS

 “There are marks which are different from other marks. There are names which are different from other names. There are names and marks which have become household words.” – Hon’ble Mr. Justice Mahinder Narain, Hon’ble High Court of Delhi (Daimler Benz Aktiegesellschaft & Anr. v. Hybo Hindustan; 1994 PTC 287) Abstract: Intellectual Property has many…

Intellectual Property Rights | Patent | Uncategorized

Bayer Corporation and Ors. v. Union of India and Ors.

Bayer Corporation and Ors. v. Union of India and Ors. and Bayer Intellectual Property Gmbh & Anr. v. Alembic Pharmaceuticals Ltd. 2019 (78) PTC 521 (Del); Division Bench Brief Facts 1: NATCO Dispute Bayer Corporation (hereinafter ‘Bayer’) filed a suit for infringement of Patent against Natco. During the pendency of the suit, Natco obtained a…

Intellectual Property Rights | Trade Mark | Uncategorized

Intellectual Property Attorneys Association v. The Controller Genreral of Patents, Designs & Trade Marks & Anr.

Intellectual Property Attorneys Association v. The Controller Genreral of Patents, Designs & Trade Marks & Anr.  2019 (80) PTC 486 (Del) Delhi High Court Aggrieved by the practice of the Trade Marks Office of not giving speaking orders toward srefusal of trade mark registration and thereafter relying upon Rule 36 of the Trade Marks Rules,…

Copyright | Intellectual Property Rights | Uncategorized

MRF Limited v. Metro Tyres Limited

MRF Limited v. Metro Tyres Limited 2019 (79) PTC 368 (Del) Delhi High Court Brief Facts: Plaintiff produced an audio-visual advertisement titled as “MRF NV Series present REVZ”. As per the Plaintiff, the Defendant, who was involved in the same business of manufacturing and marketing of tyres, had produced similar advertisement titled “Bazooka Radial Tyres”….

Intellectual Property Rights | Trade Mark | Uncategorized

Radico Khaitan Ltd. v. Devans Modern Breweries Ltd.

Radico Khaitan Ltd. v. Devans Modern Breweries Ltd. 258 (2019) DLT 177 Radico Khaitan Ltd. filed a suit for Infringement of Trade Mark and Passing Off against Devans Modern Breweries Ltd. in respect of the Trade Mark ELECTRA in respect of alcoholic beverages. Radico Khaitan Ltd. manufactured Ready to Drink Vodka Infused alcoholic Beverage under…

Intellectual Property Rights | Passing Off | Trade Mark | Uncategorized

V And S Vin Spirit Ab v. Kullu Valley Mineral Water Co.

V And S Vin Spirit Ab v. Kullu Valley Mineral Water Co. 2005 (30) PTC 47 (Del) Brief Facts: Plaintiff was using the mark ‘ABSOLUT’ for Vodka Defendant started to use Kullu Valley Mineral Water Absolute for Water and Soda. Plaintiff filed the present suit against the Defendant for Infringement of Trade Mark and Passing…

Intellectual Property Rights | Trade Mark | Uncategorized

Sunil Mittal & Anr. v. Darzi on Call

Sunil Mittal & Anr. v. Darzi on Call CS(Comm) No. 1381/2016 19th April, 2017 In October, 2016, Plaintiff, Mr Sunil Mittal and Darzi (India) LLP, registered proprietor of the trademark “THE DARZI, THE SUIT PEOPLE 1981” (Label Mark), instituted a suit against the Defendant, M/s Darzi on Call, for injunction restraining the Defendant from using…