N.R. Dongre and Ors. vs. Whirlpool Corpn. and Anr. 1996 PTC (16) 583 (SC) FACTS The Whirlpool Corporation, i.e. the Plaintiff No. 1 is a multinational corporation incorporated in U.S.A. and had an established business in the manufacture, sale, distribution and servicing of washing machines of all kinds. Plaintiff No. 1 is the successor of…
Union of India v. Malhotra Book Depot 2013 (54) PTC 165 (Del) (DB) FACTS: The Respondent had a Trade Mark ‘MBD’. The said Trade Mark was to be renewed on 23rd November, 1984. When in April, 2010 the Respondent filed a suit for permanent injunction restraining infringement of it’s Trade Mark ‘MBD’ it applied for…
Institute of Cost Accountants of India v. The Registrar of Trade Marks, Mumbai & Anr. W.P. No. 2088 of 2012 (High Court of Bombay) FACTS: The Petitioner had filed a Trade Mark application, which was objected by the Registrar of Trade Marks vide letter dated 19th September, 2011. However, said letter was merely uploaded on…
Himalaya Drug Company v. S.B.L. Ltd. 2013 (53) PTC 1 (Del.) (DB) FACTS: The Appellant filed a suit against the Respondent for infringement of trade mark Liv.52 by use of the trade mark Liv-T. The Learned Single Judge dismissed the suit of the Appellants holding that the mark ‘LIV’ is publici juris and there 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…