2011 (47) PTC 100 (Bom) Brief Facts: The Plaintiff was a wholly owned subsidiary of Henkell & Co. Sektkellerei KG, headquartered in Germany. Plaintiff had acquired the registration of the shape of its bottle used for selling Vodka in a number of countries. In 2008, Plaintiff applied for the registration of the shape of its…
Britannia Industries Ltd. v. ITC Ltd. FAO(OS) (Comm) No. 77 of 2016 Division Bench (Delhi High Court) 2017 (70) PTC 66 (Del) Brief Facts: The Respondent, ITC Ltd. filed a civil suit against the Appellant, Britannia Industries Ltd. for passing off and infringement of Copyright of the trade dress of Respondent’s product ‘Sunfeast Farmlite All…
Heinz Italia & Anr. v. Dabur India Ltd. (2007) 6 SCC 1 Facts of the case: The Appellants, were the proprietor of the trademark “Glucon-D” which was registered in India under The Trade and Merchandise Marks Act, 1958. The said trademark had earlier been registered by Glaxo Laboratories in 1975, but the same had been…
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…
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…
Carlsberg India Pvt. Ltd. vs. Radico Khaitan Ltd. 2012 (49) PTC 54 (Del.) (DB) Radico Khaitan Ltd. (Plaintiff) instituted a suit for infringement of Trade Mark & Passing off against Carlsberg India Pvt. Ltd. (Defendant). The disputes were over the marks ‘8 PM’ and ‘PALONE 8 PM, which were being used by the parties in…