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 | Uncategorized

Toyota Jidosha Kabushiki Kaisha v. Prius Auto Insurance Ltd. & Ors.

Toyota Jidosha Kabushiki Kaisha v. Prius Auto Insurance Ltd. & Ors. 2018 (73) PTC 1 (SC) (Image Credits: Kārlis Dambrāns from Latvia; Image and Creative Common License availalbe at: https://en.wikipedia.org/wiki/Toyota_Prius#/media/File:2016_Toyota_Prius_(ZVW50R)_Hybrid_liftback_(2016-04-02)_01.jpg) Brief Facts: Plaintiff, an automobile manufacturer was incorporated in Japan. Plaintiff had launched world’s first commercial hybrid car called ‘Prius’, in Japan, in the year…

Intellectual Property Rights | Trade Mark | Uncategorized

Wockhardt Limited v. Torrent Pharmaceuticals Ltd. and Ors.  – Supreme Court resettling and affirming the settled principles of Law of Trade Marks

Wockhardt Limited v. Torrent Pharmaceuticals Ltd. and Ors.   2018 (76) PTC 225 (SC) Brief Facts: Plaintiff/Respondent had trade marks ‘CHYMORAL’ and ‘CHYMORAL FORTE’, used for a drug administered post-surgically for swellings that may arise and/or wounds that may arise. Plaintiff claimed use of the mark from the year 1988 through its predecessor in interest from…

Intellectual Property Rights | Trade Mark | Uncategorized

Sunil Mittal & Anr. v. Darzi on Call

Sunil Mittal & Anr. v. Darzi on Call CS(Comm) No. 1381/2016 19th April, 2017 In October, 2016, Plaintiff, Mr Sunil Mittal and Darzi (India) LLP, registered proprietor of the trademark “THE DARZI, THE SUIT PEOPLE 1981” (Label Mark), instituted a suit against the Defendant, M/s Darzi on Call, for injunction restraining the Defendant from using…

Intellectual Property Rights | Trade Mark | Uncategorized

Capital Plastic Industries v. Happy Plastic Industries

Capital Plastic Industries v. Happy Plastic Industries 1988 PTC 182 Brief Facts: As per the Plaintiff, the Plaintiff started using the trademark RABBER from 1983 in respect of thermos jug. Plaintiff also obtained Copyright registration in the artistic label bearing the mark RABBER in 1984. After September, 1985, Plaintiff dropped the usage of the mark…

Intellectual Property Rights | Trade Mark | Uncategorized

Living Media India Ltd. and Ors. v. Alpha Dealcom Pvt. Ltd. and Ors.

Living Media India Ltd. and Ors. v. Alpha Dealcom Pvt. Ltd. and Ors. 2016 (66) PTC 200 (Del) Brief Facts: Appellant claimed to be a major media corporation in India. As per the Appellants, Appellant No. 1 was owner and publisher news magazine “INDIA TODAY”, since 1975. Appellant No. 1 also published a business magazine under…

Intellectual Property Rights | Trade Mark | Uncategorized

Neon Laboratories Ltd. v. Medical Technologies Ltd. and Ors.

Neon Laboratories Ltd. v. Medical Technologies Ltd. and Ors.  2015 (64) PTC 225 (SC) Brief Facts: Respondents through their predecessors in interest were using the mark ‘Profol’ in India since 1998 for pharmaceutical product. In 2005, Respondents came to know that the Defendant have launched a drug called ‘ROFOL’ for identical product. Respondents filed a suit for…

Trade Mark

Nirma Limited v. Nimma International and Anr.

Nirma Limited v. Nimma International and Anr. 2010 (42) PTC 307 (Del) Facts: Plaintiff (Nirma Ltd.), was the proprietor of the trademarks ‘Nirma’ and ‘Nima’, registered in 1979 and 1982 respectively, under the class dealing with detergent powder, toilet soaps, etc. Plaintiff was aggrieved by the Defendants’ (Nimma International and Anr.) use of the marks…

Intellectual Property Rights | Trade Mark

Chanel Ltd. v. Sunder Chemicals Agarbati Works (P) Ltd. and Anr.

Chanel Ltd. v. Sunder Chemicals Agarbati Works (P) Ltd. and Anr. 2003 (26) PTC 52 (Delhi) Brief Facts: Plaintiff, Chanel Ltd., was a foreign company manufacturing and marketing various types of perfumes and cosmetics and has acquired a worldwide reputation for its trademark CHANEL. The pronunciation of the trade mark CHANEL starts with a “sh”…