Express Bottlers Services Private Ltd. v. Pepsico Inc. and Ors. 1989 (9) PTC 14 (Calcutta) Brief Facts: Respondent No. 1, Pepsico Inc., was a company incorporated under the appropriate laws of Delaware, in the United States of America and was the registered proprietor of the marks, “Pepsi Cola” “Pepsi” and “Pepsico”. Petitioner claimed to be…
Fedders Lloyd Corporation Ltd. v. Fedders Corporation 2005 (30) PTC 353 (Del-DB) Facts: Under an agreement entered into between ‘Fedders Quiogan Corporation’ (the Respondent) and the then partnership firm, ‘M/s Llyod Electric and Engineering Company’, on 21st May 1956, a license to deal in air conditioners was granted to the latter for 5 years under…
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…
Polson Ltd. v. Polson Dairy Ltd. and Ors.; 1996 PTC 709 Facts: 1888: Seth Pestunji Edulji Polson started business of selling coffee in Bombay 1900: He started using the trade mark ‘Polson’ which was part of his name for selling coffee. 1915: He started marketing and selling butter, cheese, flour, etc. besides coffee under the…
Sun Pharmaceuticals Industries Ltd. v. Cipla Ltd. 2009 (39) PTC 347 (DEL) Facts of the Case: The trade mark ‘THEOBID’ was registered in the name of one Natco Fine Pharmaceuticals Private Limited for medicines. The said trade mark was assigned to the Plaintiff along with its goodwill vide a deed of assignment in 1998. Plaintiff…