T. V. Venugopal v. Ushodaya Enterprises Ltd. & Anr. (2011) 4 SCC 85 Brief Facts: Ashika Incense Incorporated, a sole proprietor firm of Appellant was established in 1988 at Bangalore dealing in the manufacturing and selling of the incense stick. Appellant in the year 1993 had honestly and bona fidely adopted the trademark “Eenadu” which…
M/S Arudra Engineers Private Limited v. M/S Patanjali Ayurveda Limited & Anr. Date of decison: 06.08.2020 Madras High Court For brief facts and history of litigation, you can refer our post on ex-parte order here. We are not repeating the same for sake of brevity. The present summary is of the order on the adjudication…
Nirma Limited v. Nimma International and Anr. 2010 (42) PTC 307 (Del) Facts: Plaintiff (Nirma Ltd.), was the proprietor of the trademarks ‘Nirma’ and ‘Nima’, registered in 1979 and 1982 respectively, under the class dealing with detergent powder, toilet soaps, etc. Plaintiff was aggrieved by the Defendants’ (Nimma International and Anr.) use of the marks…
D.M. Entertainment Pvt. Ltd. v. Baby Gift House and Ors. CS(OS) No. 893/2002 before the Hon’ble High Court of Delhi at New Delhi Decided On: 29.04.2010 Facts: Plaintiff company was incorporated in 1996, in which the letters ‘DM’ stand for the initials of the name, Daler Mehndi. The company was originally incorporated to manage Mr….
Diageo Brands B.V. and Ors. v. Khoday Breweries Ltd. & Ors. 03.09.2014 In the High Court of Delhi Plaintiff filed a suit for permanent and mandatory injunction for infringement of registered trademarks, for passing off, unfair competition and damages Plaintiff’s Case: Plaintiffs are the owners of the world’s best known brands such as JOHNNIE WALKER…
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’.
Shell Brands International AG and Anr. Vs. Gagan Chanana and Ors. 2010 (44) PTC 193 (Del) Plaintiffs claimed to be owners of the ‘SHELL’ brand and several trademarks for petroleum based products. Defendants were engaged in marketing auto cables and machinery. Plaintiffs’ Case Plaintiffs became aware in Feb. 2002 that the Defendants had applied for…