T. V. Venugopal v. Ushodaya Enterprises Ltd. & Anr. (2011) 4 SCC 85 Brief Facts: Ashika Incense Incorporated, a sole proprietor firm of Appellant was established in 1988 at Bangalore dealing in the manufacturing and selling of the incense stick. Appellant in the year 1993 had honestly and bona fidely adopted the trademark “Eenadu” which…
What is Trademark? A trademark is a source identifier in the form of any indicia (sign, design or expression) that is capable of distinguishing a product/service of a certain company or person from the products of others. It can be in the form of word marks, stylised marks, logos, labels, product packaging / trade dress,…
NOVARTIS AG & ORS. v. INTAS PHARMACEUTICALS LTD. I.A. No. 8421 of 2015 in CS(OS) No. 1120/2015 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: 24.04.2015 Prima Facie Facts: • Plaintiffs were engaged in the business of manufacturing and sale of ranibizumab. Plaintiffs also conducted clinical data and scientific research by…
Citation: AIR 1990 Ker 119 Facts: The Respondent was a firm of which the Appellant was a partner till her retirement on 1st September, 1987. The Respondent had applied for the registration of its Mark ‘Tonoform’. The Appellant after retirement from the firm, started an identical business and the trade name used by her was ‘Tonoform’….
In this article learn how you can register Trade Mark in India.
Sun Pharmaceutical Industries Ltd. Vs. Anglo French Drugs and Industries Ltd. Decided on: 12.09.2014 In the High Court of Delhi Appellant, marketed Oxcarbazepine, an anticonvulsant and mood stabilizing drug used in the treatment of epilepsy and bipolar disorder under the trade mark OXETOL. Respondent adopted the trademark EXITOL for administering Lactitol. Appellant filed a suit…
CITATION: 2013 (54) PTC 578 (Mad) FACTS In this case, the appellant was a private limited company providing online matrimonial services. In the course of its business, it had adopted several trademarks including, inter alia, Bharatmatrimony, Tamilmatrimony, Telugumatrimony, Assamesematrimony, etc. and registered several domain names with these word marks. The respondents (Google India and its parent…
Infringement of trademark and copyright in the board game called ‘SCRABBLE’ by use of metatags and hyperlinks. Whether use of metatags and hyperlinks amount to trademark infringement and therefore should be afforded protection. Find out in this landmark case.
Find out what Metatags are all about and how they can make you liable for manipulative Meta Tagging and Cyber Stuffing. Here is the list of all landmark cases in US and India which will be followed by a complete article soon by us.
Procedure prescribed in Section 25(3) of the Trade Marks Act, 1999 read with Rule 67 of the Trade Marks Rules, 2002 is mandatory. Union of India Vs. Malhotra Book Depot, 2013 (54) PTC 165 (Del) (DB) [Summary] CIPLA Limited Vs. Registrar of Trade Marks Boudhik Sampada Bhawan and Union of India through Ministry of Commerce Department of…
Milmet Oftho Industries and Ors. Vs. Allergan Inc. 2004 (28) PTC 585 (SC) Appellants were Pharmaceutical Companies. Respondent was also a Pharmaceutical company. Respondents filed a Suit for injunction seeking restraining of passing off in respect of mark “OCUFLOX” in respect of eye care product. Respondents claimed that they were the prior users of the…
T.V. Today Network Ltd. & Anr. v. Kesari Singh Gujjar & Ors. CS(OS) no. 1085 of 2005 before the Hon’ble High Court of Delhi at New Delhi Decided on: 7th October, 2013 The Plaintiffs (T.V. Today Network Ltd. & Living Media India Ltd.) filed a suit for permanent injunction against the Defendants who were using…