“Justice must not only be done but must also be seen to be done”. Dictum by- Lord Hewart[1] In this article, we will deal with an interesting remedy called Super-Injunctions. The Article will be posted in two parts. Part One would be dealing with the concept of super injunction and the origin of the same….
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…
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,…
Citation: AIR 1990 Ker 119 Facts: The Respondent was a firm of which the Appellant was a partner till her retirement on 1st September, 1987. The Respondent had applied for the registration of its Mark ‘Tonoform’. The Appellant after retirement from the firm, started an identical business and the trade name used by her was ‘Tonoform’….
Strix Limited Vs. Maharaja Appliances Limited I.A. No. 7441 of 2008 in C.S. (OS) No. 1206 of 2008 Decided On: 10.09.2009 Facts: Plaintiff had a product patent in respect of ‘Liquid Heating Vessels’. Plaintiff claimed that Strix U10 Series Controls were sold by it first in 1996. Claims in the Patent: The principal claim of…
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…