Intellectual Property Rights | Passing Off | Trade Mark

H & M Hennes & Mauritz Ab & Anr. v. HM Megabrands Pvt. Ltd. & Ors.

2018 (74) PTC 229 (Del) Brief facts: Plaintiff, was a well-known designer, marketer, and seller of wide and varied fashionable clothing collection and ancillary product and services for women, men, teenagers, and children. To firmly and formally establish its presence in India, Plaintiff No. 1 claimed to have incorporated its subsidiary H & M Hennes…

aaLAWchak | ICL Exclusive | Uncategorized

aaLAWchak: Pink

Movie: Pink Starring: Amitabh Bachchan, Taapsee Pannu, Kriti Kulhari, Andrea Tariang, Angad Bedi, Piyush Mishra, Vijay Varma Director: Aniruddha Roy Chowdhury Year of release: 2016 Introduction Pink is a powerful statement on the existing patriarchal mindset of a majority of India, where men and women are judged by a different yardstick. Minal  Arora (Taapsee Pannu),…

Governing Law & Jurisdiction | Intellectual Property Rights | Trade Mark

P.K. Sen v. Exxon Mobile Corporation and Ors.

P.K. Sen v. Exxon Mobile Corporation and Ors.   2017 (69) PTC 271 [Del][DB] Plaintiff No. 1 was a company incorporated in USA with no office in India. It was the registered proprietor of the mark EXXON in India. Plaintiff No. 2 Company was Plaintiffs’ wholly owned subsidiary in India. Plaintiff No. 2 carried on…

Copyright | Intellectual Property Rights | Passing Off | Trade Mark | Uncategorized

Delhi Public School Society v. DPS World Foundation and Anr.

Delhi Public School Society v. DPS World Foundation and Anr.  Delhi High Court 18.04.2016 Brief Facts: Plaintiff society was registered in the year 1948-49 as Delhi Public School. In 1948, Plaintiff first adopted the distinctive crest which is reproduced herein below: The said crest was registered under different classes under the Trade Marks Rules, 2002…

Copyright | Intellectual Property Rights

Rai Toys Industries and Ors. v. Munir Printing Press, Delhi

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…

Intellectual Property Rights | Trade Mark | Uncategorized

Dharampal Premchand Ltd. v. Golden Tobacco Products

Dharampal Premchand Ltd. v.  Golden Tobacco Products 2007(34) PTC 633 (Del.) (DB) Decided on: 08.05.2007 Plaintiff had filed a suit for infringement of it’s trademark ‘BABA’, for breach of it’s copyright and for passing off. The Defendant filed an application under Order VII Rule 10 of the Code of Civil Procedure, 1908 seeking rejection of…