Infringement of trademark and copyright in the board game called ‘SCRABBLE’ by use of metatags and hyperlinks. Whether use of metatags and hyperlinks amount to trademark infringement and therefore should be afforded protection. Find out in this landmark case.
Warner Bros. Entertainment Inc. and Anr. Vs. Harinder Kohli and Ors. 155 (2008) DLT 56 Plaintiffs were registered proprietors for the word mark “HARRY POTTER”. Plaintiffs claimed that the movie “HARI PUTTAR” is an infringing variant of the trademark “HARRY POTTER”. Plaintiff’s Contentions: Defendants are passing off their film as that of the motion picture…
Shell Brands International AG and Anr. Vs. Gagan Chanana and Ors. 2010 (44) PTC 193 (Del) Plaintiffs claimed to be owners of the ‘SHELL’ brand and several trademarks for petroleum based products. Defendants were engaged in marketing auto cables and machinery. Plaintiffs’ Case Plaintiffs became aware in Feb. 2002 that the Defendants had applied for…
Hindustan Pencils (P) Ltd. v. India Stationery Products Co. and Anr. AIR 1990 Delhi 19 Plaintiff adopted the mark Nataraj with the device of dancing Nataraj in 1961 and got the same registered. Plaintiff’s Case: Plaintiff got to know somewhere in the middle of the year 1985 that the Defendants had registered a copyright similar…
Walter Bushnell Pvt. Ltd. v. Miracle Life Sciences; 26.05.2014; CS(OS) 220 of 2013 before the Delhi High Court Plaintiff Registered Proprietor of DROTIN for medicines claiming user since 1997, Defendants using DROTAMOL The Defendant challenged, the validity of Plaintiff’s mark and the Court observed that “With regard to validity of the trade mark of the…
Allied Blenders & Distillers Pvt. Ltd. v. Shree Nath Heritage Liquor Pvt. Ltd. 01.07.2014; CS(OS) 2589 of 2013 before Delhi High Court Plaintiff was using the mark Officer’s Choice since 1988. Defendant was using the mark Collector’s Choice. In it’s application for registration of the mark, the Defendant stated that if Officer’s Choice and Minister…
Castrol Ltd. and Anr. Vs. A.K. Mehta and Anr. 1997 (17) PTC 408 Del (DB) Appellant No. 1 was a Company incorporated under the law of England. Appellant No. 2, Castrol India Ltd. was a Company incorporated under the Indian Companies Act, 1956 It carries on business at a large and extensive scale in high…
Automatic Electric Limited Vs. R.K. Dhawan & Anr. 1999 (19) PTC 81 Plaintiff adopted in the year 1945, the trade mark ‘DIMMERSTAT’ in relation to variable voltage auto transformers. Plaintiff was also the registered proprietor of the trade mark ‘DIMMERSTAT’ in Class 9. The case of the Plaintiff was that the Defendants had adopted the…
Midas Hygiene Industries Pvt. Ltd. Vs. Sudhir Bhatia and Ors. 2004 (28) PTC 121 (SC) The Appellants had filed a suit for passing off and for infringement of Copyright against the Respondent before the High Court. Hon’ble High Court noted that the Respondent worked with the plaintiff prior to launching it’s own business and the…
Bloomberg Finance LP v. Prafull Saklecha & Ors. CS(OS) No. 2963 of 2012 Before the Hon’ble High Court of Delhi at New Delhi Decided on: 11th October, 2013 Facts The Plaintiff a multinational financial news corporation was founded in 1982. Plaintiff operated in India through it’s subsidiary/associate Co. in New Delhi. Plaintiff’s ‘Bloomberg’ Trademark was…
United Coffee House v. Raghav Kalra & Anr. Before the Hon’ble High Court of Delhi at New Delhi 2013 (55) PTC 414 [Del] Decided on: 23.05.2013 United Coffee House (hereinafter referred to as the Plaintiff) filed a suit for permanent injunction restraining Infringement of Trade Mark & Passing Off against the Defendants (Raghav Kalra &…
Carlsberg India Pvt. Ltd. vs. Radico Khaitan Ltd. 2012 (49) PTC 54 (Del.) (DB) Radico Khaitan Ltd. (Plaintiff) instituted a suit for infringement of Trade Mark & Passing off against Carlsberg India Pvt. Ltd. (Defendant). The disputes were over the marks ‘8 PM’ and ‘PALONE 8 PM, which were being used by the parties in…