Dinesh Chandra Vaghani and Ors. Vs. Union of India (UOI) and Ors. 2010 (42) PTC 456(Del) Petitioners 1 to 5 had initially set up a partnership firm under the name of M/s. Milton Plastics and had been carrying on the business of manufacturing and marketing under the trade mark and trade name ‘Milton’. A Memorandum…
Sunder Nagar Association Regd. and Anr. v. Welfare Cultural Club (Regd.) and Anr. 1995 PTC 270 Delhi Plaintiffs, Sunder Nagar Association and Sunder Nagar Women Welfare Association were holding Sunder Nagar Diwali Mela for around 30 years. The same was used to take place in Sunder Nagar Area of Delhi. The Plaintiffs came across an…
Automatic Electric Limited Vs. R.K. Dhawan & Anr. 1999 (19) PTC 81 Plaintiff adopted in the year 1945, the trade mark ‘DIMMERSTAT’ in relation to variable voltage auto transformers. Plaintiff was also the registered proprietor of the trade mark ‘DIMMERSTAT’ in Class 9. The case of the Plaintiff was that the Defendants had adopted the…
Midas Hygiene Industries Pvt. Ltd. Vs. Sudhir Bhatia and Ors. 2004 (28) PTC 121 (SC) The Appellants had filed a suit for passing off and for infringement of Copyright against the Respondent before the High Court. Hon’ble High Court noted that the Respondent worked with the plaintiff prior to launching it’s own business and the…
Dharampal Premchand Ltd. v. Golden Tobacco Products 2007(34) PTC 633 (Del.) (DB) Decided on: 08.05.2007 Plaintiff had filed a suit for infringement of it’s trademark ‘BABA’, for breach of it’s copyright and for passing off. The Defendant filed an application under Order VII Rule 10 of the Code of Civil Procedure, 1908 seeking rejection of…
Bloomberg Finance LP v. Prafull Saklecha & Ors. CS(OS) No. 2963 of 2012 Before the Hon’ble High Court of Delhi at New Delhi Decided on: 11th October, 2013 Facts The Plaintiff a multinational financial news corporation was founded in 1982. Plaintiff operated in India through it’s subsidiary/associate Co. in New Delhi. Plaintiff’s ‘Bloomberg’ Trademark was…
Stephen Koenig vs. Arbitrator, National Internet Exchange of India (Nixi) & Anr. AND Jagdish Purohit vs. Stephen Koenig 2012(49)PTC304(Del), 186(2012)DLT43 FACTS: The case is about dispute regarding the domain name ‘internet.in‘. The present petitions under Section 34 of the Arbitration & Conciliation Act, 1996 (‘Act’) were directed against an Award passed by the sole Arbitrator appointed by the National Internet Exchange…
Hindustan Lever Ltd. v. Briju Chhabra CS(OS) 2345 of 2000 Key Words: parallel import, exhaustion principle, trade mark Facts: Here, the plaintiff HLL was the registered proprietor of the trade mark LUX and LUX label in respect of toilet soaps within India. Unilever, PLC is the principal company and registered proprietor of the trade mark LUX…
L’Oreal SA v. eBay International AG (C-324/09) [2011] R.P.C. 27 Key Words: Parallel Import, Exhaustion, Europe, Trade Mark, Infringement, eBay, put on the market, reputation, online sale Legal Provisions: EU Trade Mark Directive: Article 5 – According to Article 5(1) of the Directive, the registered trade mark confers on the proprietor exclusive rights therein. In addition, Article 5(1)(a)…
Louis Vuitton Mallettier v. Abdul Salim and Others CS(OS) 90/2006 Key Words: Parallel Import, Exhaustion, Trade Mark FACTS: This suit was filed for protection of rights in the trademark “Louis Vuitton”, trademark/logo “LV” and the “Toile monogram” design. The plaintiff as the registered proprietor of the aforesaid marks/logo/monogram sought order against the defendants from selling,…
M/s General Electric Company v. Altamas Khan and Ors. CS(OS) No.1283/2006 Keywords: Parallel Import, Exhaustion, Trade Mark FACTS: The plaintiff, General Electric Co. filed a suit against the defendants to restrain them from misrepresenting themselves as authorized distributors of the plaintiff and from trading as GE Dehumidifiers or in any other deceptively similar trading style and…
Oracle America Inc. (Formerly Sun Microsystems Inc.) vs. M-Tech Data Ltd. [2012] UKSC 27 Full Text here Key Words: Parallel Import, Exhaustion Principle, Trade Mark RELEVANT PROVISION(S): EU Directive 89/104 (available here) Article 5: According to Article 5(1) of the Directive, the registered trade mark confers on the proprietor exclusive rights therein. In addition, Article 5(1)(a) provides that…