Century Traders v. Roshan Lal Duggar Co. AIR 1978 Delhi 250 Brief Facts: Appellant manufactured voiles which were processed by Respondent No.3 (out of 3 Respondents) from the year 1973 until the end of the year 1975. It was claimed that the Appellant had directed Respondent No.3 to put the trade mark in question, “RAJA…
D.M. Entertainment Pvt. Ltd. v. Baby Gift House and Ors. CS(OS) No. 893/2002 before the Hon’ble High Court of Delhi at New Delhi Decided On: 29.04.2010 Facts: Plaintiff company was incorporated in 1996, in which the letters ‘DM’ stand for the initials of the name, Daler Mehndi. The company was originally incorporated to manage Mr….
Yahoo! Inc. v. Akash Arora & Anr. 1999 PTC (19) 201 (Delhi) Brief Facts: • Plaintiff was the owner of the trademark ‘Yahoo!’ and domain name ‘Yahoo.Com’. • The Defendants adopted the name ‘Yahooindia’ for similar services which as per the Plaintiff was identical to or deceptively similar to Plaintiff’s trademark ‘Yahoo!’. • Plaintiff instituted…
Rediff Communication Limited v. Cyberbooth & Anr. AIR 2000 Bombay 27 Brief Facts: Plaintiff, Rediff Communication Limited was an on line media company carrying on the business of communication and providing services through the internet since 6th January 1997. On 8th February 1997, Plaintiff registered the domain name ‘REDIFF.COM’, with Network Solutions, Inc. In March,…
Kirorimal Kashiram Marketing and Agencies Pvt. Ltd. v. Shree Sita Chawal Udyog Mill 2010 (44) PTC 293 (DEL) Facts: The Plaintiff was user of the registered trademark ‘Double Deer’ with respect to the product rice since 1985. The Defendant was using the mark ‘Golden Deer’ with respect to rice. The Plaintiff filed an application for…
Pearl Retail Solutions Pvt. Ltd. v. Pearl Education Society 2014 (58) PTC 26 (DEL) Facts: The Plaintiff, Pearl Retail Solutions, was user of the trade mark ‘Pearl Academy of Fashion’ in respect of an educational institute since 1993. The trademark was registered in 2005 with the disclaimer of the words ‘Academy of Fashion’. The Defendant…
IN THE SUPREME COURT OF INDIA S. Syed Mohideen v. P. Sulochana Bai 2015 (2) RCR (Civil) 810 Decide on: 17.03.2015 Respondent was a registered owner of trade mark ‘Iruttukadai Halwa’. Respondent was in the business of selling halwa in the aforesaid name since 1900 through it’s father-in-law. When Respondent found that Appellant was also…
Jagan Nath Prem Nath v. Bhartiya Dhoop Karyalaya AIR 1975 DELHI 149 Facts: The Appellant was the manufacturer and dealer of ‘agarbattis’ under a registered trademark comprising the numerals ‘555’. Respondent was the registered user of trademark ‘Rajkamal’ in respect of agarbattis. The numerals ‘555’ did not appear anywhere in his registered trademark. However, the…
ITC Limited v. Nestle India Ltd. Decided on: 29.04.2015 In the High Court of Madras Image from here Facts: Plaintiff, being India’s foremost private Sector Companies, entered the Indian instant noodles market with Sunfeast Yippee! In two variants: (a) Yippee! Magic Masala and (b) Classic Masala. In March, 2013 Plaintiff came to know that the…
M/S. VRAJLAL MANILAL & CO. v. ADARSH BIDI CO. 1995 (15) PTC 88 (DEL) Facts: The Plaintiffs were the registered owners of the trademark ‘22’ for manufacturing and marketing bidis. Shortly before the institution of this suit, they noticed that the Defendant had been manufacturing and selling bidis under the mark ‘122’. The Plaintiffs filed…
Jagdish Gopal Kamath and Ors. v. Lime & Chilli Hospitality Services IN THE HIGH COURT OF BOMBAY Notice of motion no. 2586 of 2012 in Suit no. 2549 of 2012 Decided On: 11.03.2015 Facts: • Plaintiffs claimed to be the registered proprietors of the marks ‘Café Madras’ since 2005 in Classes 16 and 42. Plaintiffs…
Goel Pocket Books v. Raja Pocket Books 1997(17) PTC 573 (Del) Respondent was the proprietor of the mark ‘NAGRAJ’ and was using the same for comic books as a lead character. Appellant also launched it’s comic books with the character and mark ‘NAGPUTRA’. Respondent filed a suit against the Appellant before the Court of District…