IA No. 8773 of 2020 in CS (Comm) No. 406 of 2020 Date of decision: 21st March, 2023 Brief Facts: Plaintiffs’ Contentions: Defendants’ Contentions: Plaintiffs’ Rejoinder: Court’s Observations: Temporary Injunction was granted against the Defendants.
CITATION: 2013 (54) PTC 578 (Mad) FACTS In this case, the appellant was a private limited company providing online matrimonial services. In the course of its business, it had adopted several trademarks including, inter alia, Bharatmatrimony, Tamilmatrimony, Telugumatrimony, Assamesematrimony, etc. and registered several domain names with these word marks. The respondents (Google India and its parent…
All you need to know about meta tagging and how it can lead to infringement of trademark. The article discusses all the leading case laws in India and United States and explains when use of meta tags can be protected as ‘fair use’.
Dell Case on Parallel Import/Trade Mark Exhaustion Key Words: parallel import, trade mark exhaustion, national exhaustion, international exhaustion FACTS: In this case, three Indian importers filed Bills of Entry for import clearance of Dell laptops. These laptops were imported into India from China. On examination of the goods it was found that they were subject…
T.V. Today Network Ltd. & Anr. v. Kesari Singh Gujjar & Ors. CS(OS) no. 1085 of 2005 before the Hon’ble High Court of Delhi at New Delhi Decided on: 7th October, 2013 The Plaintiffs (T.V. Today Network Ltd. & Living Media India Ltd.) filed a suit for permanent injunction against the Defendants who were using…
CISCO Technologies v. Shrikanth 2005 (31) PTC 538 (Del) Key Words: Parallel Import, Exhaustion, Trade Mark Act Facts In this case, plaintiff CISCO was selling its products used in computer hardware since the year 1984 under the trademark ‘CISCO’ and was using a ‘Bridge Device’. It was submitted that the product of the plaintiff is…
Kapil Wadhwa v. Samsung Electronics 2013 (53) PTC 112 (Del.) (DB) ISSUE: Whether the Indian Trade Marks Act, 1999 embodies the International Exhaustion Principle or National Exhaustion principle when the Registered Proprietor of Trade Mark places the goods in the market under Registered Trade Mark. FACTS: Samsung (Korea) and it’s Indian subsidiary Samsung India filed…