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Parakh Vanijya Private Limited v. Baroma Agro Product and Ors.

Parakh Vanijya Private Limited v. Baroma Agro Product and Ors.  2018 (76) PTC 1 (SC) Brief Facts: Plaintiff claimed to use the mark ‘MALABAR’ for Biryani Rice from 2001. Defendants started to use the mark ‘MALABAR GOLD’ for Biryani Rice. Plaintiff filed a suit in 2012 for infringement of trade mark and passing off against…

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Pearl Retail Solutions Pvt. Ltd. v. Pearl Education Society

Pearl Retail Solutions Pvt. Ltd. v. Pearl Education Society 2014 (58) PTC 26 (DEL) Facts: The Plaintiff, Pearl Retail Solutions, was user of the trade mark ‘Pearl Academy of Fashion’ in respect of an educational institute since 1993. The trademark was registered in 2005 with the disclaimer of the words ‘Academy of Fashion’. The Defendant…

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Om Prakash Gupta v. Parveen Kumar & Anr.

Om Prakash Gupta v. Parveen Kumar & Anr. 2000 (20) PTC 326 (DEL) Facts: Plaintiff was the registered proprietor of the label ‘Suraj Chhap’ in respect of scented chewing tobacco. However, the registration of the Plaintiff was granted subject to a disclaimer on the word ‘Suraj’ and the device of ‘Sun’. The Plaintiff used the…

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Takkar (India) Tea Company Vs. Soongachi Tea Industries Pvt. Ltd.

Takkar (India) Tea Company v. Soongachi Tea Industries Pvt. Ltd. 2010 (44) PTC 90 (Del) Intellectual Property Appellate Board held that the mark of the Petitioner, being ‘GOLD LEAF’ is similar to the mark of the Respondent being ‘SONA’ for tea leaves and denied registration of the same. Aggrieved by the said order, the Petitioner…

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The Registrar of Trade Marks Vs. Ashok Chandra Rakhit Ltd.

The Registrar of Trade Marks Vs. Ashok Chandra Rakhit Ltd. AIR 1955 SC 558 Full Bench In 1897, one Durga Charan Rakhit adopted as his trade mark (for selling Ghee), the following mark: The mark has ‘Shree’ written on the top in bold Bengali character, having below it a figure with the word “Shree”, the…