M/S. VRAJLAL MANILAL & CO. v. ADARSH BIDI CO. 1995 (15) PTC 88 (DEL) Facts: The Plaintiffs were the registered owners of the trademark ‘22’ for manufacturing and marketing bidis. Shortly before the institution of this suit, they noticed that the Defendant had been manufacturing and selling bidis under the mark ‘122’. The Plaintiffs filed…
Sanjay Kapur & Anr. v. Dev Agri Farms Pvt. Ltd.; 2014 (59) PTC 93 (Del) Plaintiff was selling tea pouches in a particular packaging since 1981. As per the Plaintiff the packaging was distinctive. It comprised a soft paper packet shaped in rectangular sided cuboid. This packet was shipped in a fabric sleeve and was…
Rai Toys Industries and Ors. v. Munir Printing Press, Delhi 1982 PTC 85 Plaintiff filed a suit for infringement of Copyright in it’s Tambola tickets which were copied by the Defendant. The Plaintiff was also the registered owner of the Copyright. The Learned Single Judge granted a decree of permanent injunction in favour of the…
Bhole Baba Milk Food Industries Ltd. v. Parul food Specialities Pvt. Ltd. 2011 (48) PTC 235 (Del.) (DB) Appellant was the proprietor of a label mark ‘KRISHNA’ having pictorial reflection of Lord Krishna standing on a lotus flower for dairy products. Appellant was also the registered proprietor of the word ‘KRISHNA’ written in a unique…
Major (Retired) Sukesh Behl & Anr. v. Koninklijke Philips Electronics Before the High Court of Delhi at New Delhi FAO(OS) No. 16 of 2014 The present Appeal was filed by the Appellants as the Appellant’s application under Order XII Rule 6 of the Code of Civil Procedure, 1908 (Judgment on admission) was dismissed by the…
Ranbaxy Laboratories Ltd. v. Novartis AG & Anr. Before the High Court of Delhi at New Delhi Date of Decision: 18.10.2014 FAO(OS) No. 447 of 2014 Respondents had filed a suit for permanent injunction restraining the appellant from infringing Respondents’ Patent. The suit along with the application for interim relief came up for preliminary consideration…
FACTS Copal Partners Ltd., Jersey (“CPL Jersey“), held 100% shares in Copal Research Ltd., Mauritius (“CRL Mauritius“). CRL Mauritius, in turn, held 100% of the shares in both, Copal Research India Pvt. Ltd., India (“CRIPL India“) and Copal Market Research Ltd., Mauritius (“CMRL Mauritius“). CMRL Mauritius, in turn, held 100% of the shares in Exevo…
In case the proposed scheme is bona fide and genuine and is not against public interest then mere fact that certain immovable properties or right to recover debts etc. are transferred to the transferee company would not mean that they are in violation of any provisions of the Transfer of Property Act. However, if such scheme is only with the ulterior motive to transfer the immovable properties without payment of Government or statutory dues, then the same would be against the public interest and the Court will not approve the scheme.
CITATION: 82 (1999) DLT 518 DECIDED on: 13.08.1999 FACTS In this case a Company Petition was filed by M/s. Tecumseh India Private Limited (“Transferee Company”) seeking amalgamation of M/s. Tecumseh Products India Limited (“Transferor Company”) with the Transferee Company. Both the Transferor and Transferee Company belonged to same group. The scheme of amalgamation provided that all…
Sun Pharmaceutical Industries Ltd. Vs. Anglo French Drugs and Industries Ltd. Decided on: 12.09.2014 In the High Court of Delhi Appellant, marketed Oxcarbazepine, an anticonvulsant and mood stabilizing drug used in the treatment of epilepsy and bipolar disorder under the trade mark OXETOL. Respondent adopted the trademark EXITOL for administering Lactitol. Appellant filed a suit…
NOVARTIS AG AND ORS. v. RANBAXY LABORATORIES LTD. 08.09.2014 In The High Court of Delhi Plaintiffs filed a suit against the Defendant towards infringement of it’s Patent being Patent No. 212815 for active pharmaceutical ingredient called Vildagliptin which treats Type 2 Diabetes Mellitus marketed as GALVUS and GALVUSMET. Plaintiffs’ Case: Defendant has included Plaintiffs’ patented…
All you need to know about meta tagging and how it can lead to infringement of trademark. The article discusses all the leading case laws in India and United States and explains when use of meta tags can be protected as ‘fair use’.