Capital Plastic Industries v. Happy Plastic Industries

Capital Plastic Industries v. Happy Plastic Industries 1988 PTC 182 Brief Facts: As per the Plaintiff, the Plaintiff started using the trademark RABBER from 1983 in respect of thermos jug. Plaintiff also obtained Copyright registration in the artistic label bearing the mark RABBER in 1984. After September, 1985, Plaintiff dropped the usage of the mark… Read More Capital Plastic Industries v. Happy Plastic Industries

Delhi Public School Society v. DPS World Foundation and Anr.

Delhi Public School Society v. DPS World Foundation and Anr.  Delhi High Court 18.04.2016 Brief Facts: Plaintiff society was registered in the year 1948-49 as Delhi Public School. In 1948, Plaintiff first adopted the distinctive crest which is reproduced herein below: The said crest was registered under different classes under the Trade Marks Rules, 2002… Read More Delhi Public School Society v. DPS World Foundation and Anr.

Kamal Kant & Company LLP  v.  Raashee Fragrances India Pvt. Ltd.

Kamal Kant & Company LLP  v.  Raashee Fragrances India Pvt. Ltd. CS(OS) No.1471/2015 4th November, 2015 Plaintiff was a registered proprietor of the trade mark ‘RAJSHREE’ for  pan masala, supari, betel nuts, zarda mix, mouth freshener etc. Plaintiff filed a suit against the Defendant who was using the mark ‘RAASHEE’ for infringement of trade mark,… Read More Kamal Kant & Company LLP  v.  Raashee Fragrances India Pvt. Ltd.

Living Media India Ltd. and Ors. v. Alpha Dealcom Pvt. Ltd. and Ors.

Living Media India Ltd. and Ors. v. Alpha Dealcom Pvt. Ltd. and Ors. 2016 (66) PTC 200 (Del) Brief Facts: Appellant claimed to be a major media corporation in India. As per the Appellants, Appellant No. 1 was owner and publisher news magazine “INDIA TODAY”, since 1975. Appellant No. 1 also published a business magazine under… Read More Living Media India Ltd. and Ors. v. Alpha Dealcom Pvt. Ltd. and Ors.

Neon Laboratories Ltd. v. Medical Technologies Ltd. and Ors.

Neon Laboratories Ltd. v. Medical Technologies Ltd. and Ors.  2015 (64) PTC 225 (SC) Brief Facts: Respondents through their predecessors in interest were using the mark ‘Profol’ in India since 1998 for pharmaceutical product. In 2005, Respondents came to know that the Defendant have launched a drug called ‘ROFOL’ for identical product. Respondents filed a suit for… Read More Neon Laboratories Ltd. v. Medical Technologies Ltd. and Ors.

Corn Products Refining Co. v. Shangrila Food Products Ltd.

Corn Products Refining Co. v. Shangrila Food Products Ltd. AIR 1960 SC 142 Brief Facts: Shangrila Food Products (hereinafter referred to as the Respondent) was a manufacturer of biscuits. On November 5, 1949 the Respondent made an application to the Registrar for the registration of the mark “Gluvita” under the Trade Marks Act, 1940 (hereinafter… Read More Corn Products Refining Co. v. Shangrila Food Products Ltd.

ICC Development (International) Ltd. v. Arvee Enterprises and Anr.

ICC Development (International) Ltd. v. Arvee Enterprises and Anr. 2003 (26) PTC 245 Brief Facts: ICC Development (International) Ltd. (IDL), the Plaintiff, was formed by the members of the International Cricket Council (ICC) to own and control its commercial rights including media rights, sponsorships and other intellectual property rights relating to the ICC events. IDL… Read More ICC Development (International) Ltd. v. Arvee Enterprises and Anr.