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 from… Read More 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. 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 against… Read More Parakh Vanijya Private Limited v. Baroma Agro Product and Ors.
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 Passing… Read More V And S Vin Spirit Ab v. Kullu Valley Mineral Water Co.
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 logo… Read More M/s. P.C. Mallappa & Co v. McDonald’s Corporation
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 All… Read More Britannia Industries Ltd. v. ITC Ltd.
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 created… Read More SHOPPERS STOP LTD. V. VINOD’S SHOPPERS STOP
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 its… Read More Kumar Electric Works v. Anuj Electronics
Pandit Kulfi and Cafe v. Pandit Kulfi 2016 (65) PTC 414 (Rajasthan) Brief Facts: Appellant was proprietor of the mark ‘PANDIT’ for Kulfi, Ice Creams and other milk products. Appellant came to know that the Respondent is also using the mark ‘PANDIT’ for Kulfi. Appellant filed a suit for Permanent injunction against the Respondent along… Read More Pandit Kulfi and Cafe v. Pandit Kulfi
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 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. 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. 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.