Domain Names | Intellectual Property Rights | Trade Mark

Yahoo! Inc. v. Akash Arora & Anr.

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…

Domain Names | Intellectual Property Rights | Trade Mark

Rediff Communication Limited v. Cyberbooth & Anr.

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,…

Intellectual Property Rights | Trade Mark

KIRORIMAL KASHIRAM MARKETING AND AGENCIES PVT. LTD. V. SHREE SITA CHAWAL UDYOG MILL

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…

Intellectual Property Rights | Trade Mark

Pearl Retail Solutions Pvt. Ltd. v. Pearl Education Society

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…

Intellectual Property Rights | Trade Mark

Jagan Nath Prem Nath v. Bhartiya Dhoop Karyalaya

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…

Intellectual Property Rights

ITC Limited v. Nestle India Ltd. – Curious case of ‘The Magic Noodles’

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…