Intellectual Property Rights | Passing Off | Trade Mark

H & M Hennes & Mauritz Ab & Anr. v. HM Megabrands Pvt. Ltd. & Ors.

2018 (74) PTC 229 (Del) Brief facts: Plaintiff, was a well-known designer, marketer, and seller of wide and varied fashionable clothing collection and ancillary product and services for women, men, teenagers, and children. To firmly and formally establish its presence in India, Plaintiff No. 1 claimed to have incorporated its subsidiary H & M Hennes…

Intellectual Property Rights | Trade Mark

American Home Products Corporation v. Mac Laboratories Pvt. Ltd. and Anr.

American Home Products Corporation v. Mac Laboratories Pvt. Ltd. and Anr. 1986 (6) PTC 71(SC) Brief Facts: American Home Products Corporation (Appellant), was an American multi-national corporation dealing in the manufacture of pharmaceuticals. Geoffrey Manners & Co. Ltd. (“the Indian Company”) was a company registered as a public limited company in India. In 1956 the…

Property Law

Difference Between Lease and License

The term ‘lease’ and ‘license’ are defined under Section 105 of the Transfer of Property Act and Section 52 of the Indian Easements Act respectively. Section 105 of Transfer of Property Act: “Lease Defined. A lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express…