2008 (10) SCC 479 Brief Facts: Appellants were engaged in the business of manufacturing and selling banana chips and had adopted the trademark ‘A-ONE’ in 1986. Appellants had applied for trade mark registration before the Trade Mark Registry at Chennai in 1999. The said application was pending at the time of the present Civil Appeal.Continue reading “K. Narayanan and Ors. v. S. Murali”
Category Archives: Passing Off
Toyota Jidosha Kabushiki Kaisha v. Prius Auto Insurance Ltd. & Ors.
Toyota Jidosha Kabushiki Kaisha v. Prius Auto Insurance Ltd. & Ors. 2018 (73) PTC 1 (SC) (Image Credits: Kārlis Dambrāns from Latvia; Image and Creative Common License availalbe at: https://en.wikipedia.org/wiki/Toyota_Prius#/media/File:2016_Toyota_Prius_(ZVW50R)_Hybrid_liftback_(2016-04-02)_01.jpg) Brief Facts: Plaintiff, an automobile manufacturer was incorporated in Japan. Plaintiff had launched world’s first commercial hybrid car called ‘Prius’, in Japan, in the yearContinue reading “Toyota Jidosha Kabushiki Kaisha v. Prius Auto Insurance Ltd. & Ors.”
ITC LIMITED V. NESTLE INDIA LTD. – CURIOUS CASE OF ‘THE MAGIC NOODLES’ – PART II: POST TRIAL DECISION
ITC Limited v. Nestle India Ltd. Decided on: 10.06.2020 In the High Court of Madras On 10th June, 2020, the Hon’ble High Court of Madras provided a final decision on the suit for passing off filed by ITC Limited (hereinafter ‘ITC’) against Nestle India Limited (hereinafter ‘Nestle’) over latter’s use of the mark ‘MAGICAL MASALA’.Continue reading “ITC LIMITED V. NESTLE INDIA LTD. – CURIOUS CASE OF ‘THE MAGIC NOODLES’ – PART II: POST TRIAL DECISION”
Ms. Barkha Dutt v. easyticket, Kapavarapu, Vas
Ms. Barkha Dutt v. easyticket, Kapavarapu, Vas Case No. D2009-1247 before Administrative Panel, WIPO Arbitration and Mediation Center Date of decision: 30th October, 2009 Brief Facts: The Complainant, Barkha Dutt, a known figure in the media and particularly recognised for her reporting from conflict regions filed the present Complaint before WIPO for transfer of domainContinue reading “Ms. Barkha Dutt v. easyticket, Kapavarapu, Vas”
Julia Fiona Roberts v. Russell Boyd
Julia Fiona Roberts v. Russell Boyd Case No. D2000-0210 before WIPO Arbitration and Mediation Center Date of decision: 29th May, 2000 The Complainant was Ms. Julia Fiona Roberts, a famous film actress who had appeared in films such as Notting Hill, Pretty Woman, Erin Brockovich etc. The Complainant was widely featured in celebrity publications, movieContinue reading “Julia Fiona Roberts v. Russell Boyd”
Wockhardt Limited v. Torrent Pharmaceuticals Ltd. and Ors. – Supreme Court resettling and affirming the settled principles of Law of Trade Marks
Wockhardt Limited v. Torrent Pharmaceuticals Ltd. and Ors. 2018 (76) PTC 225 (SC) Brief Facts: Plaintiff/Respondent had trade marks ‘CHYMORAL’ and ‘CHYMORAL FORTE’, used for a drug administered post-surgically for swellings that may arise and/or wounds that may arise. Plaintiff claimed use of the mark from the year 1988 through its predecessor in interest fromContinue reading “Wockhardt Limited v. Torrent Pharmaceuticals Ltd. and Ors. – Supreme Court resettling and affirming the settled principles of Law of Trade Marks”
Parakh Vanijya Private Limited v. Baroma Agro Product and Ors.
Parakh Vanijya Private Limited v. Baroma Agro Product and Ors. 2018 (76) PTC 1 (SC) Brief Facts: Plaintiff claimed to use the mark ‘MALABAR’ for Biryani Rice from 2001. Defendants started to use the mark ‘MALABAR GOLD’ for Biryani Rice. Plaintiff filed a suit in 2012 for infringement of trade mark and passing off againstContinue reading “Parakh Vanijya Private Limited v. Baroma Agro Product and Ors.”
V And S Vin Spirit Ab v. Kullu Valley Mineral Water Co.
V And S Vin Spirit Ab v. Kullu Valley Mineral Water Co. 2005 (30) PTC 47 (Del) Brief Facts: Plaintiff was using the mark ‘ABSOLUT’ for Vodka Defendant started to use Kullu Valley Mineral Water Absolute for Water and Soda. Plaintiff filed the present suit against the Defendant for Infringement of Trade Mark and PassingContinue reading “V And S Vin Spirit Ab v. Kullu Valley Mineral Water Co.”
M/s. P.C. Mallappa & Co v. McDonald’s Corporation
M/s. P.C. Mallappa & Co v. McDonald’s Corporation 1999 PTC 9 Karnataka Brief Facts: Plaintiff, McDonald’s Corporation, claimed to have a World Wide Reputation in its ‘M’ Logo. Plaintiff was in the business of restaurants and fast foods. Plaintiff had recently opened a Bangalore Office. Plaintiff came to know that Defendant is using its logoContinue reading “M/s. P.C. Mallappa & Co v. McDonald’s Corporation”
Britannia Industries Ltd. v. ITC Ltd.
Britannia Industries Ltd. v. ITC Ltd. FAO(OS) (Comm) No. 77 of 2016 Division Bench (Delhi High Court) 2017 (70) PTC 66 (Del) Brief Facts: The Respondent, ITC Ltd. filed a civil suit against the Appellant, Britannia Industries Ltd. for passing off and infringement of Copyright of the trade dress of Respondent’s product ‘Sunfeast Farmlite AllContinue reading “Britannia Industries Ltd. v. ITC Ltd.”
SHOPPERS STOP LTD. V. VINOD’S SHOPPERS STOP
Shoppers Stop Ltd. v. Vinod’s Shoppers Stop CS(OS) No. 458 of 2015 19.09.2016 Delhi High Court The Plaintiff was the proprietor of the mark ‘SHOPPERS STOP’ in all Classes and was using the same since 1991 as a trade mark and as part of trade name . Over the years, the Plaintiff had createdContinue reading “SHOPPERS STOP LTD. V. VINOD’S SHOPPERS STOP”
Kumar Electric Works v. Anuj Electronics
Kumar Electric Works v. Anuj Electronics 1990 PTC 26 Plaintiff was a partnership firm. Vinod Kumar, Satish Kumar, T.C. Kumar end Raj Kumar were its partners. It was engaged in the business of manufacturing and marketing of electrical and electronics goods since the year 1979. In 1983 it started using Trade Mark “OLYMPUS” for itsContinue reading “Kumar Electric Works v. Anuj Electronics”
Indian Case Law 
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