Intellectual Property Rights | Passing Off | Trade Mark

T.V. Venugopal v. Ushodaya Enterprises Ltd. & Anr.

T. V. Venugopal v. Ushodaya Enterprises Ltd. & Anr. (2011) 4 SCC 85 Brief Facts: Ashika Incense Incorporated, a sole proprietor firm of Appellant was established in 1988 at Bangalore dealing in the manufacturing and selling of the incense stick. Appellant in the year 1993 had honestly and bona fidely adopted the trademark “Eenadu” which…

Intellectual Property Rights | Trade Mark | Uncategorized

Nandhini Deluxe v. Karnataka Cooperative Milk Producers Federation Limited

Nandhini Deluxe v. Karnataka Cooperative Milk Producers Federation Limited 2018 (75) PTC 209 (SC) Brief Facts: Respondent, was using the trademark ‘NANDINI’ for milk and milk products from the year 1985. The Respondent had also registered the said mark in Classes 29 and 30. The Appellant adopted the mark ‘NANDHINI’ in 1989 and had a restaurant…

Articles | FLIPSTAAN | ICL Exclusive | Intellectual Property Rights | Trade Mark | Uncategorized

flIPstaan: ‘ANGREZI MEDIUM’ AND THE NECESSITY OF MAINTAINING STRONG BRANDS

SEASON 1 EPISODE 3 – 27th September, 2020 “Aur Jahaan Tak Mhaari Beti Ka Sawaal Hai Wo To Trueford University Jaakar Rahegi, Nahi To Main Ghasiteram Todarmal Ko Par-Poto Nahi” – Champak Bansal, Angrezi Medium Introduction The above quoted dialogue could be loosely translated as “And so far as my daughter is concerned, she will…

Intellectual Property Rights | Trade Mark | Uncategorized

Kabushiki Kaisha Toshiba v. Tosiba Appliances and Ors.

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…

Intellectual Property Rights | Trade Mark | Uncategorized

Khoday Distilleries Limited (Khoday India Limited) v. The Scotch Whisky Association and Ors.

Khoday Distilleries Limited (Khoday India Limited) v. The Scotch Whisky Association and Ors. 2008 (37) PTC 413 (SC) Brief Facts: Appellant manufactured whisky under the mark ‘Peter Scot’ since the year 1968. Respondents, an industry body of distillers, blenders and exporters of Scotch whisky, learnt about the Appellant’s trade mark application in 1974.[1] Respondents had…

Labour Laws

Manipal Academy of Higher Education vs. Provident Fund Commissioner

Citation: AIR 2008 SC 1951 Court: Supreme Court Decided on: 12.03.2008 Facts Regional Provident Fund Commissioner (“Commissioner“) ordered that the amount received on encashment of earned leave has to be considered for the purpose of calculation of “basic wage” under Section 2(b) of Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 (“Act“). Accordingly, Respondent raised…