Intellectual Property Rights | Trade Mark | Uncategorized

Nandhini Deluxe v. Karnataka Cooperative Milk Producers Federation Limited

Nandhini Deluxe v. Karnataka Cooperative Milk Producers Federation Limited 2018 (75) PTC 209 (SC) Brief Facts: Respondent, was using the trademark ‘NANDINI’ for milk and milk products from the year 1985. The Respondent had also registered the said mark in Classes 29 and 30. The Appellant adopted the mark ‘NANDHINI’ in 1989 and had a restaurant…

Articles | ICL Exclusive | Intellectual Property Rights | Trade Mark | Uncategorized

A GUIDE TO WELL-KNOWN TRADE MARKS

 “There are marks which are different from other marks. There are names which are different from other names. There are names and marks which have become household words.” – Hon’ble Mr. Justice Mahinder Narain, Hon’ble High Court of Delhi (Daimler Benz Aktiegesellschaft & Anr. v. Hybo Hindustan; 1994 PTC 287) Abstract: Intellectual Property has many…

Intellectual Property Rights | Trade Mark | Uncategorized

Radico Khaitan Ltd. v. Devans Modern Breweries Ltd.

Radico Khaitan Ltd. v. Devans Modern Breweries Ltd. 258 (2019) DLT 177 Radico Khaitan Ltd. filed a suit for Infringement of Trade Mark and Passing Off against Devans Modern Breweries Ltd. in respect of the Trade Mark ELECTRA in respect of alcoholic beverages. Radico Khaitan Ltd. manufactured Ready to Drink Vodka Infused alcoholic Beverage under…

Governing Law & Jurisdiction | Intellectual Property Rights | Trade Mark

P.K. Sen v. Exxon Mobile Corporation and Ors.

P.K. Sen v. Exxon Mobile Corporation and Ors.   2017 (69) PTC 271 [Del][DB] Plaintiff No. 1 was a company incorporated in USA with no office in India. It was the registered proprietor of the mark EXXON in India. Plaintiff No. 2 Company was Plaintiffs’ wholly owned subsidiary in India. Plaintiff No. 2 carried on…

Intellectual Property Rights | Passing Off | Trade Mark

Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories

Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories AIR 1965 SC 980 Full Bench Brief Facts: • Respondent firm was founded in 1926 under the name of “Navaratna Pharmacy” later changed to “Navaratna Pharmaceutical Laboratories” in 1945. Respondent was a manufacturer of medicinal products and proprietor of two registered trademarks “Navaratna” and “Navaratna Pharmaceutical…

Intellectual Property Rights | Trade Mark

INTELLECTUAL PROPERTY ATTORNEYS ASSOCIATION v. UNION OF INDIA & ANR.

INTELLECTUAL PROPERTY ATTORNEYS ASSOCIATION v. UNION OF INDIA & ANR. W.P.(C) No.3679 of 2014 in the High Court of Delhi at New Delhi Date of decision: 9th October, 2014 Controller General of Patents, Designs and Trade Marks (Controller General), Government of India passed an office order dated 8th June, 2012. Clause 3 of the same…

Case List-IPR | Intellectual Property Rights | Patent | Uncategorized

V. Manicka Thevar Vs. Star Plough Works

V. Manicka Thevar Vs. Star Plough Works, Melur AIR 1965 Madras 327 Appellant filed a suit against the Respondent for permanent injunction from manufacturing and selling certain patterns of ploughs on the ground that the same was an infringement of the Appellant’s patent. The Appellant secured an interim injunction, but, on an application filed by…

Case List-IPR | Copyright | Intellectual Property Rights | Trade Mark

Titan Industries Vs. Nitin P. Jain and Anr.

Titan Industries Vs. Nitin P. Jain and Anr. 2006 (32) PTC 95 (Del) The Plaintiff was incorporated in the year 1987 and its activities included manufacturing and marketing of watches, clocks and jewellery. The cause of filing the suit was the manufacturing and marketing of watches by the Defendants under the trade name/trade mark SONA…