Intellectual Property Rights | Passing Off | Trade Mark

T.V. Venugopal v. Ushodaya Enterprises Ltd. & Anr.

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…

Intellectual Property Rights | Trade Mark

National Garments, Kaloor vs. National Apparels, Ernakulam

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’….

Intellectual Property Rights | Trade Mark

Sun Pharmaceutical Industries Ltd. Vs. Anglo French Drugs and Industries Ltd.

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…

Linking & Metatagging | Technology Law

Consim Info Pvt. Ltd. Vs. Google India Pvt. Ltd. & Ors.

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…

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

Case List: Procedural aspects of Trademark Law

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…

Intellectual Property Rights | Trade Mark

Milmet Oftho Industries and Ors. Vs. Allergan Inc.

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…