Precious Jewels Vs. Varun Gems 2014 (60) PTC 465 (SC) Facts: • Partners of the Respondent and the Appellant firms belonged to the same family sharing a common surname ‘RAKYAN’. • Both the parties were dealing in jewellry. Appellant was doing business in the name and style of “NEENA AND RAVI RAKYAN”. Respondent was doing…
Lupin Ltd. v. Johnson & Johnson and Shakti Bhog Foods Ltd. v. Parle Products Pvt. Ltd. Bombay High Court (Full Bench) Date of decision: 23.12.2014 Issue: “Whether the Court can go into the question of the validity of the registration of the plaintiff’s trade mark at an interlocutory stage when the defendant takes up the…
Reckitt Benckiser India Ltd. and Anr. v. Dabur India Ltd.; CS(OS) No.1829/2014 31.10.2014 (Delhi High Court) In 2006, Plaintiff started using the ‘FIREMAN DEVICE’ to market their product GAVISCON (Drug for heart burn and gastr-oesophagal disease). Defendant came out with an ad of Pudin Hara which also had FIREMAN elements. Plaintiff filed a suit for…
Bhole Baba Milk Food Industries Ltd. v. Parul food Specialities Pvt. Ltd. 2011 (48) PTC 235 (Del.) (DB) Appellant was the proprietor of a label mark ‘KRISHNA’ having pictorial reflection of Lord Krishna standing on a lotus flower for dairy products. Appellant was also the registered proprietor of the word ‘KRISHNA’ written in a unique…
World Wrestling Entertainment Inc. v. M/s. Reshma Collection Before the Hon’ble High Court of Delhi at New Delhi FAO(OS) No. 506 of 2013 Date of Decision: 15.10.2014 Appellant filed a suit seeking permanent injunction restraining infringement of Copyright, Infringement of Trade Mark, Passing Off, Dilution, Rendition of Accounts, Damages, etc in respect of their Trade…
Anglo-Dutch, Colour & Varnish Works Private Limited v. India Trading House PTC (Suppl) (2) 585 (Del) Plaintiff was one of the leading manufacturers of superior white zinc paint under trade mark 1001. The salient features of the Plaintiff’s trade mark were the numeral 1001 appearing in bold type in grey lettering on a white circle…
Parle Products (P) Ltd. Vs. J.P. and Co., Mysore AIR 1972 SC 1359 Appellant was manufacturer of biscuits and owner of registered trade mark being a wrapper. This wrapper was used in connection with the sale of their biscuits known as “Parle’s Glucose Biscuits” printed on the wrapper. In March 1961, Appellant came to know…
Warner Bros. Entertainment Inc. and Anr. Vs. Harinder Kohli and Ors. 155 (2008) DLT 56 Plaintiffs were registered proprietors for the word mark “HARRY POTTER”. Plaintiffs claimed that the movie “HARI PUTTAR” is an infringing variant of the trademark “HARRY POTTER”. Plaintiff’s Contentions: Defendants are passing off their film as that of the motion picture…
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…
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…
Procter & Gamble Manufacturing (Tianjin) Co. Ltd. & Ors. v. Anchor Health & Beauty Care Pvt. Ltd.; 30.05.2014; FAO(OS) No. 241 of 2014 before the Division Bench of the Delhi High Court Respondent was Regd. Proprietor of the mark ALLROUND claiming user since 2004. Appellant started using ‘ALL-AROUND PROTECTION’ for tooth paste and ALL ROUNDER…
Allied Blenders & Distillers Pvt. Ltd. v. Shree Nath Heritage Liquor Pvt. Ltd. 01.07.2014; CS(OS) 2589 of 2013 before Delhi High Court Plaintiff was using the mark Officer’s Choice since 1988. Defendant was using the mark Collector’s Choice. In it’s application for registration of the mark, the Defendant stated that if Officer’s Choice and Minister…