366 1996 SCALE (5) 267 Brief Facts: Respondent was engaged in the business of manufacturing cigarettes under the brand name “Charminar”. Respondent obtained the registration of the said trade mark in respect of manufacturing tobacco in class 34. Respondent since its incorporation was engaged only in the manufacturing of cigarettes. Appellant was in the manufacturing…
Kabushiki Kaisha Toshiba v. Tosiba Appliances and Ors. 2008 (37) PTC 394 (SC) Brief Facts: Appellant officially adopted the name Toshiba Corporation only in 1984, it had registered (and was using) the mark “TOSHIBA” in a number of countries (including India) way back in 1953. Since 1953, the Appellant had acquired about 35 trademark registrations…
Patel Field Marshal Agencies and Anr. v. P.M. Diesels Ltd. and Ors. 2018 (73) PTC 15 (SC) The Respondents were the registered owner of three trademarks, the common feature of all of which was the words “Field Marshal”. Out of the three, the first trademark was registered in 1964 and the second and third were…
GREEV vs. KETTLE Key Words: mutual mistake in guarantee, estoppel, rectification Facts: Defendant Company (S), in consideration of Plaintiff Company’s (C) giving credit to principle debtor (D), guaranteed the payment of debt, which was stated in deed to be secured by ‘validly issued shares in Company’. Though both S and C believed this fact to…