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Imperial Tobacco Co. of India Ltd. v. Registrar of Trade Marks and Anr.

Imperial Tobacco Co. of India Ltd. v. Registrar of Trade Marks and Anr. AIR 1968 Calcutta 582 Brief facts: The Appellant applied for Registration of the mark “Simla” under Part A of the Register. A Show Cause Notice was issued to the Appellant stating that the word “Simla” is a geographical name and registrable only…

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Bikanervala v. New Bikanerwala

Bikanervala v. New Bikanerwala 2005 (30) PTC 113 (Del) Facts of the case: The Plaintiff is a partnership firm involved in manufacturing and marketing ethnic food including sweets and namkeens since 100 years. In 1981, they opened an outlet in Karol Bagh under the trade mark “Bikanervala”. In 1992, Plaintiff also adopted an artistic label…

Geepee Ceval Proteins and Investment Private Limited v. Saroj Oil Industry

Geepee Ceval Proteins and Investment Private Limited v. Saroj Oil Industry 2003 (27) PTC 190 (Delhi) Brief Facts: Plaintiff was a company engaged in the manufacture of edible oil, since 1997, being sold under the trade mark ‘Chambal’. In 1997-1998, Plaintiff’s turn-over was about Rs. 113 crores and in 2003 at around Rs. 241 crores….

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Hi-Tech Pipes Ltd. vs. Asian Mills Pvt. Ltd.

Hi-Tech Pipes Ltd. vs. Asian Mills Pvt. Ltd. 2006 (32) PTC 192 (Del.) Brief Facts: Plaintiff, Hi-Tech Pipes Ltd. was established in 1985 and started manufacturing steel pipes in 1988 under the trademark ‘Gujarat’. As per the Plaintiff, this trademark had acquired secondary meaning and distinctiveness on account of its open, regular, continuous, extensive and…