RAJ KUMAR PRASAD & ANR. v. ABBOTT HEALTHCARE PVT.LTD. 10.09.2014 In the High Court of Delhi FAO (OS) No. 281 of 2014 The Question “Whether a registered proprietor of a trademark can sue another registered proprietor of a trademark alleging deceptive similarity ?” came up before consideration before the Division Bench of the High Court….
Hindustan Pencils (P) Ltd. v. India Stationery Products Co. and Anr. AIR 1990 Delhi 19 Plaintiff adopted the mark Nataraj with the device of dancing Nataraj in 1961 and got the same registered. Plaintiff’s Case: Plaintiff got to know somewhere in the middle of the year 1985 that the Defendants had registered a copyright similar…
Dhodha House Vs. S.K. Maingi & Patel Field Marshal Industries and Ors. Vs. P.M. Diesel Limited (2006) 9 SCC 41 In this matter, there were two civil appeals before the Hon’ble Supreme Court. Facts: 1st Civil Appeal Appellant filed a suit against the Respondent to protect his copyright, trade marks and common law rights as…
LT Foods Limited v. Heritage Foods (India) Limited; 07.05.2014; FAO (OS) 3 of 2014 before the Division Bench of the Delhi High Court The Appellant filed a suit seeking towards infringement and passing off of it’s trade mark HERITAGE. Respondent was a registered proprietor of the Trade Mark HERITAGE for the same goods. Therefore, the…
Sunder Nagar Association Regd. and Anr. v. Welfare Cultural Club (Regd.) and Anr. 1995 PTC 270 Delhi Plaintiffs, Sunder Nagar Association and Sunder Nagar Women Welfare Association were holding Sunder Nagar Diwali Mela for around 30 years. The same was used to take place in Sunder Nagar Area of Delhi. The Plaintiffs came across an…
Castrol Ltd. and Anr. Vs. A.K. Mehta and Anr. 1997 (17) PTC 408 Del (DB) Appellant No. 1 was a Company incorporated under the law of England. Appellant No. 2, Castrol India Ltd. was a Company incorporated under the Indian Companies Act, 1956 It carries on business at a large and extensive scale in high…
Automatic Electric Limited Vs. R.K. Dhawan & Anr. 1999 (19) PTC 81 Plaintiff adopted in the year 1945, the trade mark ‘DIMMERSTAT’ in relation to variable voltage auto transformers. Plaintiff was also the registered proprietor of the trade mark ‘DIMMERSTAT’ in Class 9. The case of the Plaintiff was that the Defendants had adopted the…
The Registrar of Trade Marks Vs. Ashok Chandra Rakhit Ltd. AIR 1955 SC 558 Full Bench In 1897, one Durga Charan Rakhit adopted as his trade mark (for selling Ghee), the following mark: The mark has ‘Shree’ written on the top in bold Bengali character, having below it a figure with the word “Shree”, the…
Milmet Oftho Industries and Ors. Vs. Allergan Inc. 2004 (28) PTC 585 (SC) Appellants were Pharmaceutical Companies. Respondent was also a Pharmaceutical company. Respondents filed a Suit for injunction seeking restraining of passing off in respect of mark “OCUFLOX” in respect of eye care product. Respondents claimed that they were the prior users of the…
Laxmikant V. Patel Vs. Chetanbhai Shah and Anr. 2002 (24) PTC 1 (SC) Appellant had a business of Colour lab and studio since 1982 in the name of ‘Muktajivan’ Colour Lab and Studio. In order to expand, Appellant promoted his wife and brother-in-law to open a new colour lab in the name and style of…
Bloomberg Finance LP v. Prafull Saklecha & Ors. CS(OS) No. 2963 of 2012 Before the Hon’ble High Court of Delhi at New Delhi Decided on: 11th October, 2013 Facts The Plaintiff a multinational financial news corporation was founded in 1982. Plaintiff operated in India through it’s subsidiary/associate Co. in New Delhi. Plaintiff’s ‘Bloomberg’ Trademark was…
United Coffee House v. Raghav Kalra & Anr. Before the Hon’ble High Court of Delhi at New Delhi 2013 (55) PTC 414 [Del] Decided on: 23.05.2013 United Coffee House (hereinafter referred to as the Plaintiff) filed a suit for permanent injunction restraining Infringement of Trade Mark & Passing Off against the Defendants (Raghav Kalra &…