Pandit Kulfi and Cafe v. Pandit Kulfi 2016 (65) PTC 414 (Rajasthan) Brief Facts: Appellant was proprietor of the mark ‘PANDIT’ for Kulfi, Ice Creams and other milk products. Appellant came to know that the Respondent is also using the mark ‘PANDIT’ for Kulfi. Appellant filed a suit for Permanent injunction against the Respondent along…
Capital Plastic Industries v. Happy Plastic Industries 1988 PTC 182 Brief Facts: As per the Plaintiff, the Plaintiff started using the trademark RABBER from 1983 in respect of thermos jug. Plaintiff also obtained Copyright registration in the artistic label bearing the mark RABBER in 1984. After September, 1985, Plaintiff dropped the usage of the mark…
Kamal Kant & Company LLP v. Raashee Fragrances India Pvt. Ltd. CS(OS) No.1471/2015 4th November, 2015 Plaintiff was a registered proprietor of the trade mark ‘RAJSHREE’ for pan masala, supari, betel nuts, zarda mix, mouth freshener etc. Plaintiff filed a suit against the Defendant who was using the mark ‘RAASHEE’ for infringement of trade mark,…
Living Media India Ltd. and Ors. v. Alpha Dealcom Pvt. Ltd. and Ors. 2016 (66) PTC 200 (Del) Brief Facts: Appellant claimed to be a major media corporation in India. As per the Appellants, Appellant No. 1 was owner and publisher news magazine “INDIA TODAY”, since 1975. Appellant No. 1 also published a business magazine under…
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…
Chanel Ltd. v. Sunder Chemicals Agarbati Works (P) Ltd. and Anr. 2003 (26) PTC 52 (Delhi) Brief Facts: Plaintiff, Chanel Ltd., was a foreign company manufacturing and marketing various types of perfumes and cosmetics and has acquired a worldwide reputation for its trademark CHANEL. The pronunciation of the trade mark CHANEL starts with a “sh”…
Grandlay Electricals (India) Ltd. & Ors. v. Vidya Batra & Ors. 1998 (18) PTC 646 (Del) Brief Facts: Plaintiff No. 1 was a partnership firm involved in manufacturing wires, cables/electric cables and insulated wires. Plaintiff No. 1 enjoyed goodwill for its quality products under the registered trademark “Grandlay Cables”. Plaintiff No. 2 and four others…
R.G. Anand v. Delux Films and Ors. AIR 1978 SC 1613 Brief Facts of the Case: The Appellant, R. G. Anand, was an architect by profession and a playwright, dramatist and producer as well. He had wrote and produced a play called ‘Hum Hindustani’ in 1953 which received huge success and was re-staged numerous times….
Dabur India Ltd. v. K. R. Industries AIR 2008 SC 3123 Brief Facts: The Appellant, Dabur India Ltd., manufactured a product known as ‘Dabur Red Tooth Powder’ or ‘Dabur Lal Dant Manjan’. The Appellant claimed copyright in the ‘carton’ of the product and alleged that the said ‘carton’ constitutes an ‘artistic work’ under Section 2(c)…
Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories AIR 1965 SC 980 Full Bench Brief Facts: • Respondent firm was founded in 1926 under the name of “Navaratna Pharmacy” later changed to “Navaratna Pharmaceutical Laboratories” in 1945. Respondent was a manufacturer of medicinal products and proprietor of two registered trademarks “Navaratna” and “Navaratna Pharmaceutical…
Kirorimal Kashiram Marketing and Agencies Pvt. Ltd. v. Shree Sita Chawal Udyog Mill 2010 (44) PTC 293 (DEL) Facts: The Plaintiff was user of the registered trademark ‘Double Deer’ with respect to the product rice since 1985. The Defendant was using the mark ‘Golden Deer’ with respect to rice. The Plaintiff filed an application for…
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…