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.
Havells India Ltd. & Anr. v. Amritanshu Khaitan & Ors. 2015 (62) PTC 64 [Del] Brief Facts: Defendants released the below mentioned advertisement. In the said advertisement, the Defendant compared Eveready LED Bulb with Havells LED Bulb. Plaintiffs filed a Suit for Disparagement against the Plaintiff. Along with the suit, the Plaintiffs also filed an… Read More Havells India Ltd. & Anr. v. Amritanshu Khaitan & 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.
P.K. Sen v. Exxon Mobile Corporation and Ors. 2017 (69) PTC 271 [Del][DB] Plaintiff No. 1 was a company incorporated in USA with no office in India. It was the registered proprietor of the mark EXXON in India. Plaintiff No. 2 Company was Plaintiffs’ wholly owned subsidiary in India. Plaintiff No. 2 carried on… Read More P.K. Sen v. Exxon Mobile Corporation and Ors.
Sunil Mittal & Anr. v. Darzi on Call CS(Comm) No. 1381/2016 19th April, 2017 In October, 2016, Plaintiff, Mr Sunil Mittal and Darzi (India) LLP, registered proprietor of the trademark “THE DARZI, THE SUIT PEOPLE 1981” (Label Mark), instituted a suit against the Defendant, M/s Darzi on Call, for injunction restraining the Defendant from using… Read More Sunil Mittal & Anr. v. Darzi on Call
CIPLA Limited v. CIPLA Industries Private Limited and Ors. 2017 (69) PTC 425 (Bom) Full Bench A Learned Single Judge of the High Court of Bombay vide order dated 26th April, 2016 expressed the view that decision of the Division Bench of Bombay High Court in the case of Raymond Limited v. Raymond Pharmaceuticals Pvt.… Read More CIPLA Limited v. CIPLA Industries Private Limited and Ors.
Bright Enterprises Private Ltd. and Ors. v. MJ Bizcraft LLP and Ors. Decided On: 04.01.2017 Division Bench Delhi High Court Appellants/Plaintiffs, Bright Enterprises Pvt. Ltd. and M/s. AKM Enterprises filed a civil suit for infringement of trade mark and passing off against the Defendants/Respondents MJ Bizcraft LLP and Shangri-La’s Eros Hotel. Appellants claimed proprietorship of… Read More Bright Enterprises Private Ltd. and Ors. v. MJ Bizcraft LLP and Ors.
Allied Blenders & Distillers Pvt. Ltd. v. R.K. Distilleries Pvt. Ltd. FAO (OS) No. 251 of 2016 Decided on: 28th February, 2017 Hon’ble High Court of Delhi Brief Facts: Appellant filed a civil suit for infringement of trade mark, passing off and infringement of Copyright claiming to be proprietor of the mark ‘Officer’s Choice’ and… Read More Allied Blenders & Distillers Pvt. Ltd. v. R.K. Distilleries Pvt. 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