IN THE SUPREME COURT OF INDIA S. Syed Mohideen v. P. Sulochana Bai 2015 (2) RCR (Civil) 810 Decide on: 17.03.2015 Respondent was a registered owner of trade mark ‘Iruttukadai Halwa’. Respondent was in the business of selling halwa in the aforesaid name since 1900 through it’s father-in-law. When Respondent found that Appellant was also…
Om Prakash Gupta v. Parveen Kumar & Anr. 2000 (20) PTC 326 (DEL) Facts: Plaintiff was the registered proprietor of the label ‘Suraj Chhap’ in respect of scented chewing tobacco. However, the registration of the Plaintiff was granted subject to a disclaimer on the word ‘Suraj’ and the device of ‘Sun’. The Plaintiff used the…
Jagan Nath Prem Nath v. Bhartiya Dhoop Karyalaya AIR 1975 DELHI 149 Facts: The Appellant was the manufacturer and dealer of ‘agarbattis’ under a registered trademark comprising the numerals ‘555’. Respondent was the registered user of trademark ‘Rajkamal’ in respect of agarbattis. The numerals ‘555’ did not appear anywhere in his registered trademark. However, the…
M/S. VRAJLAL MANILAL & CO. v. ADARSH BIDI CO. 1995 (15) PTC 88 (DEL) Facts: The Plaintiffs were the registered owners of the trademark ‘22’ for manufacturing and marketing bidis. Shortly before the institution of this suit, they noticed that the Defendant had been manufacturing and selling bidis under the mark ‘122’. The Plaintiffs filed…
Jagdish Gopal Kamath and Ors. v. Lime & Chilli Hospitality Services IN THE HIGH COURT OF BOMBAY Notice of motion no. 2586 of 2012 in Suit no. 2549 of 2012 Decided On: 11.03.2015 Facts: • Plaintiffs claimed to be the registered proprietors of the marks ‘Café Madras’ since 2005 in Classes 16 and 42. Plaintiffs…
COBRA BEER PARTNERSHIP LTD & ANR. v. SUPERIOR INDUSTRIES LTD. Date of Decision: 08.04.2015 High Court of Delhi Facts: Plaintiff was the registered proprietor of the trade mark ‘COBRA’ and ‘KING COBRA’ for Beer. The said marks were embossed on the bottles of the Plaintiff. The Defendant was using the Plaintiff’s bottle for its own…
Pidilite Industries Ltd. v. Jubilant Agri & Consumer Products Ltd. 2014 (57) PTC 617 (Bom) Plaintiff was the registered proprietor of the trademark ‘FEVICOL MARINE’ and various other marks using the words ‘FEVICOL MARINE’. Plaintiff’s Registrations: Defendant was using the mark ‘JIVANJOR MARINE’ for identical products. The Plaintiff filed a suit against the Defendant for…
Blue Cross Laboratories Ltd. Vs. RB Remedies Pvt. Ltd. IN THE HIGH COURT OF BOMBAY Decided On: 27.01.2015 Plaintiff was registered proprietor of the trade mark ‘CEDON’ as of 14.08.1996 in respect of pharmaceutical products. In August 2014, the Plaintiff learnt about the use of the mark ‘CEFDON’ by Defendant in respect of similar goods,…
Ranbaxy Laboratories Ltd. Vs. Dua Pharmaceuticals Pvt. Ltd. 1988 (8) PTC 273 (Del) Plaintiff had filed a suit alleging that its registered trade mark “CALMPOSE” has been infringed by the defendant, who is manufacturing similar medicine and marketing under the mark of “CALMPROSE”. Defendant’s Case: Medicine in question is sold by chemists on the prescription…
Atlas Cycle Industries Ltd. v. Hind Cycles Limited (1973) ILR 1 Delhi 393 Appellant was a company incorporated in 1950. In 1938, a firm called Messrs Janki Dass & Co., began to import bicycles into India under the Trade Mark “EASTERN STAR”. In or about 1943, the said firm obtained trade mark registration in Class…
Pratibha M. Singh v. Singh and Associates IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 14th October, 2014 CS(OS) No. 1173 of 2012 In the present case, one Advocate filed a suit against another law firm on the ground of infringement of Trade Mark and passing off. After, a lot of…
Sun Pharmaceutical Industries Ltd. Vs. Anglo French Drugs and Industries Ltd. Decided on: 12.09.2014 In the High Court of Delhi Appellant, marketed Oxcarbazepine, an anticonvulsant and mood stabilizing drug used in the treatment of epilepsy and bipolar disorder under the trade mark OXETOL. Respondent adopted the trademark EXITOL for administering Lactitol. Appellant filed a suit…