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…
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…
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…
Skyline Education Institute (Pvt.) Ltd. V. S.L. Vaswani & Anr. 2010 (42) PTC 217 (SC) Full Bench Facts: The Appellant, Skyline Education Institute, was a company imparting education and training to individuals in all disciplines of education. One of the Respondents, Satilila Charitable Society, was a society registered with the main object to establish colleges…
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…
Automatic Electric Limited Vs. R.K. Dhawan & Anr. 1999 (19) PTC 81 Plaintiff adopted in the year 1945, the trade mark ‘DIMMERSTAT’ in relation to variable voltage auto transformers. Plaintiff was also the registered proprietor of the trade mark ‘DIMMERSTAT’ in Class 9. The case of the Plaintiff was that the Defendants had adopted the…
Himalaya Drug Company v. S.B.L. Ltd. 2013 (53) PTC 1 (Del.) (DB) FACTS: The Appellant filed a suit against the Respondent for infringement of trade mark Liv.52 by use of the trade mark Liv-T. The Learned Single Judge dismissed the suit of the Appellants holding that the mark ‘LIV’ is publici juris and there is…