South India Beverages Pvt. Ltd. Vs. General Mills Marketing Inc. Before the High Court of Delhi at New Delhi FAO(OS) No. 389/2014 Decided On: 13.10.2014 Respondent was the proprietor of the mark ‘HAAGEN – DAZS’ for ice cream claiming use since 2007 in India. Appellant was using mark ‘D’DAAZS’. The use of both the parties…
Emcure Pharmaceuticals Ltd. Vs. Corona Remedies Pvt. Ltd. In the Bombay High Court of Bombay 10.09.2014 Plaintiff was proprietor of registered trademarks, OROFER and OROFER-XT. Defendant was using COROFER and COROFOER-XT. Facts: • In 1996, the Plaintiff’s marks OROFER and OROFER-XT were registered. • In 2006, the Plaintiff noticed the Defendant’s advertisement in the Trade…
Diageo Brands B.V. and Ors. v. Khoday Breweries Ltd. & Ors. 03.09.2014 In the High Court of Delhi Plaintiff filed a suit for permanent and mandatory injunction for infringement of registered trademarks, for passing off, unfair competition and damages Plaintiff’s Case: Plaintiffs are the owners of the world’s best known brands such as JOHNNIE WALKER…
RAJ KUMAR PRASAD & ANR. v. ABBOTT HEALTHCARE PVT.LTD. 10.09.2014 In the High Court of Delhi FAO (OS) No. 281 of 2014 The Question “Whether a registered proprietor of a trademark can sue another registered proprietor of a trademark alleging deceptive similarity ?” came up before consideration before the Division Bench of the High Court….
Parle Products (P) Ltd. Vs. J.P. and Co., Mysore AIR 1972 SC 1359 Appellant was manufacturer of biscuits and owner of registered trade mark being a wrapper. This wrapper was used in connection with the sale of their biscuits known as “Parle’s Glucose Biscuits” printed on the wrapper. In March 1961, Appellant came to know…
Dhodha House Vs. S.K. Maingi & Patel Field Marshal Industries and Ors. Vs. P.M. Diesel Limited (2006) 9 SCC 41 In this matter, there were two civil appeals before the Hon’ble Supreme Court. Facts: 1st Civil Appeal Appellant filed a suit against the Respondent to protect his copyright, trade marks and common law rights as…
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…
T.V. Today Network Ltd. & Anr. v. Kesari Singh Gujjar & Ors. CS(OS) no. 1085 of 2005 before the Hon’ble High Court of Delhi at New Delhi Decided on: 7th October, 2013 The Plaintiffs (T.V. Today Network Ltd. & Living Media India Ltd.) filed a suit for permanent injunction against the Defendants who were using…