Intellectual Property Rights | Trade Mark

Dell Case on Parallel Import/Trade Mark Exhaustion

Dell Case on Parallel Import/Trade Mark Exhaustion Key Words: parallel import, trade mark exhaustion, national exhaustion, international exhaustion FACTS: In this case, three Indian importers filed Bills of Entry for import clearance of Dell laptops. These laptops were imported into India from China. On examination of the goods it was found that they were subject…

Intellectual Property Rights | Trade Mark

Samsung Electronics Co. Ltd. v. Kapil Wadhwa (Single Judge Bench)

Samsung Electronics Co. Ltd. v. Kapil Wadhwa C.S. (OS). No.1155/2011 Decided on 17.02.2012 Keywords: Parallel Import, Exhaustion Principle, National Exhaustion, International Exhaustion, Trade Mark, Market FACTS: The first plaintiff, Samsung Electronics Company Ltd. (P1) was a company incorporated in Korea. The second plaintiff, Samsung India Electronics Pvt. Ltd. (P2) was a company in the same…

Intellectual Property Rights | Technology Law | Trade Mark

L’Oreal SA v. eBay International AG (C-324/09)

L’Oreal SA v. eBay International AG (C-324/09) [2011] R.P.C. 27 Key Words: Parallel Import, Exhaustion, Europe, Trade Mark, Infringement, eBay, put on the market, reputation, online sale Legal Provisions: EU Trade Mark Directive: Article 5 – According to Article 5(1) of the Directive, the registered trade mark confers on the proprietor exclusive rights therein. In addition, Article 5(1)(a)…

Intellectual Property Rights | Trade Mark

Louis Vuitton Mallettier v Abdul Salim and Others

Louis Vuitton Mallettier v. Abdul Salim and Others CS(OS) 90/2006 Key Words: Parallel Import, Exhaustion, Trade Mark FACTS: This suit was filed for protection of rights in the trademark “Louis Vuitton”, trademark/logo “LV” and the “Toile monogram” design. The plaintiff as the registered proprietor of the aforesaid marks/logo/monogram sought order against the defendants from selling,…

Intellectual Property Rights | Trade Mark

M/s General Electric Company v. Altamas Khan and Ors.

M/s General Electric Company v. Altamas Khan and Ors. CS(OS) No.1283/2006 Keywords: Parallel Import, Exhaustion, Trade Mark FACTS: The plaintiff, General Electric Co. filed a suit against the defendants to restrain them from misrepresenting themselves as authorized distributors of the plaintiff and from trading as GE Dehumidifiers or in any other deceptively similar trading style and…

Copyright | Intellectual Property Rights

Warner Bros. Entertainment Inc. and Ors. v. Santosh V. G.

Warner Bros. Entertainment Inc. and Others v. Santosh V. G. CS (OS) No. 1682/2006 Relevant Law(s): Section 14 and 51 of the Copyright Act, 1957 Key Words: copyright, cinematographic works, parallel import, exhaustion PARTIES: The Plaintiffs (P), their associated and affiliated companies carry on business of film production and are the owners, co-owners, assignees, licensees of rights, titles and have interests…

Intellectual Property Rights | Trade Mark

Oracle America Inc. vs. M-Tech Data Ltd.

Oracle America Inc. (Formerly Sun Microsystems Inc.) vs. M-Tech Data Ltd. [2012] UKSC 27 Full Text here Key Words: Parallel Import, Exhaustion Principle, Trade Mark RELEVANT PROVISION(S): EU Directive 89/104 (available here) Article 5: According to Article 5(1) of the Directive, the registered trade mark confers on the proprietor exclusive rights therein. In addition, Article 5(1)(a) provides that…