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…
“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…
Amrish Agarwal v. Venus Home Appliances Pvt. Ltd. 2019 (80) PTC 414 (Del) High Court of Delhi The Learned Trial Court had taken on record the Certificates for use in Legal Proceedings of the trade marks of the Plaintiff at the stage of final arguments. Aggrieved by the said order, the Defendant had filed the…
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…
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…
CIPLA Limited v. CIPLA Industries Private Limited and Ors. 2017 (69) PTC 425 (Bom) Full Bench A Learned Single Judge of the High Court of Bombay vide order dated 26th April, 2016 expressed the view that decision of the Division Bench of Bombay High Court in the case of Raymond Limited v. Raymond Pharmaceuticals Pvt….
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…
Sun Pharmaceuticals Industries Ltd. v. Cipla Ltd. 2009 (39) PTC 347 (DEL) Facts of the Case: The trade mark ‘THEOBID’ was registered in the name of one Natco Fine Pharmaceuticals Private Limited for medicines. The said trade mark was assigned to the Plaintiff along with its goodwill vide a deed of assignment in 1998. Plaintiff…
M/s. Arjies Aluminim Udyog v. Sudhir Batra, New Delhi 1997 (17) PTC 187 (Del) Brief Facts: Appellant was using the mark ARJIES for aluminium door and window fittings. Respondent was using the mark ARCHIS for identical goods. Respondent might have addressed a legal notice to the Appellant asking it to restrain itself from using the…
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…
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…
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…