Hindustan Lever Ltd. v. Briju Chhabra CS(OS) 2345 of 2000 Key Words: parallel import, exhaustion principle, trade mark Facts: Here, the plaintiff HLL was the registered proprietor of the trade mark LUX and LUX label in respect of toilet soaps within India. Unilever, PLC is the principal company and registered proprietor of the trade mark LUX…
Samsung Electronics Co. Ltd. v. Kapil Wadhwa C.S. (OS). No.1155/2011 Decided on 17.02.2012 Keywords: Parallel Import, Exhaustion Principle, National Exhaustion, International Exhaustion, Trade Mark, Market FACTS: The first plaintiff, Samsung Electronics Company Ltd. (P1) was a company incorporated in Korea. The second plaintiff, Samsung India Electronics Pvt. Ltd. (P2) was a company in the same…
Mohan Meakin Ltd. v. A.B. Sugars Ltd. CS(OS) No. 2335 of 2010 before the Hon’ble High Court of Delhi Decided on: 10th October, 2013 The Plaintiff filed a suit against the Defendant seeking permanent injunction restraining the Defendant from using the mark/label ‘TOLD MOM’ and or/any other mark deceptively similar to the plaintiff’s trademark ‘OLD…
Wipro Cyprus Private Limited v. Zeetel Electronics 2010 (44) PTC 307 (Mad) Key Words: parallel import, exhaustion, trade mark, FACTS: The Appellant in this case filed a suit for permanent injunction, restraining the Respondents from using the trade mark YARDLEY or any other phonetically similar expression in any media which can infringe the Applicant’s registered…
M/s General Electric Company v. Altamas Khan and Ors. CS(OS) No.1283/2006 Keywords: Parallel Import, Exhaustion, Trade Mark FACTS: The plaintiff, General Electric Co. filed a suit against the defendants to restrain them from misrepresenting themselves as authorized distributors of the plaintiff and from trading as GE Dehumidifiers or in any other deceptively similar trading style and…
Micolube India Ltd. v. Rakesh Kumar trading as Saurabh Industries & Ors.; CS(OS) No. 1446 of 2011 Mohan Lal, Proprietor of Mourya Industries v. Sona Paint & Hardwares; CS(OS) No. 384 of 2008 199 (2013) DLT 740 Similar questions of law were involved in the above mentioned cases. The said questions of law were…
Institute of Cost Accountants of India v. The Registrar of Trade Marks, Mumbai & Anr. W.P. No. 2088 of 2012 (High Court of Bombay) FACTS: The Petitioner had filed a Trade Mark application, which was objected by the Registrar of Trade Marks vide letter dated 19th September, 2011. However, said letter was merely uploaded on…
Kapil Wadhwa v. Samsung Electronics 2013 (53) PTC 112 (Del.) (DB) ISSUE: Whether the Indian Trade Marks Act, 1999 embodies the International Exhaustion Principle or National Exhaustion principle when the Registered Proprietor of Trade Mark places the goods in the market under Registered Trade Mark. FACTS: Samsung (Korea) and it’s Indian subsidiary Samsung India filed…