Living Media India Ltd. and Ors. v. Alpha Dealcom Pvt. Ltd. and Ors. 2016 (66) PTC 200 (Del) Brief Facts: Appellant claimed to be a major media corporation in India. As per the Appellants, Appellant No. 1 was owner and publisher news magazine “INDIA TODAY”, since 1975. Appellant No. 1 also published a business magazine under…
Mrs. Ishi Khosla v. Anil Aggarwal and Anr.; 2007 (34) PTC 370 (Del) Facts: Mrs. Ishi Khosla (Plaintiff) founded a sole proprietorship firm called ‘M/s. Whole Foods’, involved in the business of manufacturing and retailing ‘healthy and healing food products’. Although the Plaintiff applied for registration of the trademark – ‘Whole Foods’ somewhere around July, 2004,…
Heinz Italia & Anr. v. Dabur India Ltd. (2007) 6 SCC 1 Facts of the case: The Appellants, were the proprietor of the trademark “Glucon-D” which was registered in India under The Trade and Merchandise Marks Act, 1958. The said trademark had earlier been registered by Glaxo Laboratories in 1975, but the same had been…
Rich Products Corporation & Anr. v Indo Nippon Food Limited 2010 (44) PTC 515 (Del) Brief Facts: Rich Corporation (Appellant) was the registered proprietor of the mark “RICH’S WHIP TOPPING” for ‘non-dairy topping, icing, filling and generally for other goods’ in Class 30 of the Trade Mark Rules. Appellant claimed that the word mark “WHIP…
Info Edge (India) Pvt. Ltd. and Anr. v. Shailesh Gupta and Anr. 98 (2002) DLT 499 Brief Facts: Plaintiff adopted the name ‘NAUKRI.COM’ in 1997 and since then the Plaintiff was carrying on the business under the aforesaid domain name. In 1999, Defendant registered two domain names ‘JOBSOURCEINDIA.COM’ & ‘NAUKARI.COM’ and was in the identical…
ITC Limited v. Nestle India Ltd. Decided on: 29.04.2015 In the High Court of Madras Image from here Facts: Plaintiff, being India’s foremost private Sector Companies, entered the Indian instant noodles market with Sunfeast Yippee! In two variants: (a) Yippee! Magic Masala and (b) Classic Masala. In March, 2013 Plaintiff came to know that the…
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,…
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…
J.R. Kapoor Vs. Micronix India 1994 Supp (3) SCC 215 Respondent as well as the Appellant manufactured and sold various electrical and electronic goods. Respondent filed a suit for injunction against the use of the trade name ‘MICROTEL’, the logo ‘M’ and the Packing carton on the ground that the same is similar to it’s…