NOVARTIS AG & ORS. v. INTAS PHARMACEUTICALS LTD

NOVARTIS AG & ORS. v. INTAS PHARMACEUTICALS LTD. I.A. No. 8421 of 2015 in CS(OS) No. 1120/2015 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: 24.04.2015 Prima Facie Facts: • Plaintiffs were engaged in the business of manufacturing and sale of ranibizumab. Plaintiffs also conducted clinical data and scientific research by…

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M/s. Bengal Waterproof Limited v. M/s. Bombay Waterproof Manufacturing Company and Anr.

M/s. Bengal Waterproof Limited v. M/s. Bombay Waterproof Manufacturing Company and Anr. 1997 (17) PTC 98 (SC) Question: whether the suit filed by the Appellant (Plaintiff) against the Respondents (Defendants) in the Court of Chief Judge, City Civil Court, Hyderabad being Original Suit No. 123 of 1982 was barred by the provisions of Order 2…

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Pidilite Industries Ltd. v. Jubilant Agri & Consumer Products Ltd.

Pidilite Industries Ltd. v. Jubilant Agri & Consumer Products Ltd. 2014 (57) PTC 617 (Bom) Plaintiff was the registered proprietor of the trademark ‘FEVICOL MARINE’ and various other marks using the words ‘FEVICOL MARINE’. Plaintiff’s Registrations: Defendant was using the mark ‘JIVANJOR MARINE’ for identical products. The Plaintiff filed a suit against the Defendant for…

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Blue Cross Laboratories Ltd. Vs. RB Remedies Pvt. Ltd.

Blue Cross Laboratories Ltd. Vs. RB Remedies Pvt. Ltd. IN THE HIGH COURT OF BOMBAY Decided On: 27.01.2015 Plaintiff was registered proprietor of the trade mark ‘CEDON’ as of 14.08.1996 in respect of pharmaceutical products. In August 2014, the Plaintiff learnt about the use of the mark ‘CEFDON’ by Defendant in respect of similar goods,…

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National Garments, Kaloor vs. National Apparels, Ernakulam

Citation: AIR 1990 Ker 119 Facts: The Respondent was a firm of which the Appellant was a partner till her retirement on 1st September, 1987. The Respondent had applied for the registration of its Mark ‘Tonoform’. The Appellant after retirement from the firm, started an identical business and the trade name used by her was ‘Tonoform’….

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Reckitt Benckiser India Ltd. and Anr. v. Dabur India Ltd.

Reckitt Benckiser India Ltd. and Anr. v. Dabur India Ltd.; CS(OS) No.1829/2014 31.10.2014 (Delhi High Court) In 2006, Plaintiff started using the ‘FIREMAN DEVICE’ to market their product GAVISCON (Drug for heart burn and gastr-oesophagal disease). Defendant came out with an ad of Pudin Hara which also had FIREMAN elements. Plaintiff filed a suit for…

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Sanjay Kapur & Anr. v. Dev Agri Farms Pvt. Ltd.;

Sanjay Kapur & Anr. v. Dev Agri Farms Pvt. Ltd.; 2014 (59) PTC 93 (Del) Plaintiff was selling tea pouches in a particular packaging since 1981. As per the Plaintiff the packaging was distinctive. It comprised a soft paper packet shaped in rectangular sided cuboid. This packet was shipped in a fabric sleeve and was…

Glaxosmithkline Consumer Healthcare Ltd. Vs. Abbott Healthcare Pvt. Ltd. and Ors.

Glaxosmithkline Consumer Healthcare Ltd. Vs. Abbott Healthcare Pvt. Ltd. and Ors.; 2009(40) PTC 437 (Cal) Plaintiff, the manufacturers of Horlicks had a tagline “”Taller, stronger, sharper” for it’s health food drink powder . Defendant was using the line “sabse tallest, strongest, brightest” as a prominent feature of a commercial for a similar product called Pediasure….

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Vicco Laboratories, Bombay v. Hindustan Rimmer, Delhi

Vicco Laboratories, Bombay v. Hindustan Rimmer, Delhi AIR 1979 Delhi 114 Plaintiff was manufacturing and marketing since 1965 vanishing cream containing turmeric and sandal wood under the name of Vicco Turmeric Vanishing Cream. Plaintiff had been marketing the said cream in tubes in cartons. The carton and tubes had a distinctive get up and colour…

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Atlas Cycle Industries Ltd. v. Hind Cycles Limited

Atlas Cycle Industries Ltd. v. Hind Cycles Limited (1973) ILR 1 Delhi 393 Appellant was a company incorporated in 1950. In 1938, a firm called Messrs Janki Dass & Co., began to import bicycles into India under the Trade Mark “EASTERN STAR”. In or about 1943, the said firm obtained trade mark registration in Class…

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Emcure Pharmaceuticals Ltd. Vs. Corona Remedies Pvt. Ltd.

Emcure Pharmaceuticals Ltd. Vs. Corona Remedies Pvt. Ltd. In the Bombay High Court of Bombay 10.09.2014 Plaintiff was proprietor of registered trademarks, OROFER and OROFER-XT. Defendant was using COROFER and COROFOER-XT. Facts: • In 1996, the Plaintiff’s marks OROFER and OROFER-XT were registered. • In 2006, the Plaintiff noticed the Defendant’s advertisement in the Trade…