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Aug 26 2008 (HC)

Three-n-products Private Limited Vs. Emami Limited

Court : Kolkata

Reported in : 2008(4)CHN608,LC2008(3)319,2009(41)PTC689(Cal)

..... as is conceded by both parties before us, that the enunciation of the principle of law with regard to the protection available even in respect of the descriptive trade mark was wrong. a descriptive trade mark may be entitled to protection if it has assumed a secondary meaning which identifies it with a particular product or as being from a particular source. we, therefore ..... practices in industrial or commercial matters; or(b) is detrimental to its distinctive character; or(c) is against the reputation of the trade mark.(9) where the distinctive elements of a registered trade mark consist of or include words, the trade mark may be infringed by the spoken use of those words as well as by their visual representation and reference in this section to ..... names '' of the plaintiff and '' of the defendant, depicting the nature and type of business activity they carry on are identical or confusingly similar trade mark or service marks. it is also a possibility for an internet user while searching for the website of the plaintiff to enter into the websites of the defendant through only a small ..... in a passing off action. the following passages from the report are the first place the plaintiff claims an injunction to restrain the defendants from infringing the registered trade marks consisting of the words 'shredded wheat' by the use of the words 'shredded wheat', or 'shredded whole wheat' or 'shredded whole wheat biscuit' or any words only colourably differing .....

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Mar 16 1951 (HC)

James Chadwick and Bros. Ltd. Vs. the National Sewing Thread Co. Ltd.

Court : Mumbai

Reported in : AIR1951Bom147; (1951)53BOMLR556; ILR1952Bom344

..... ld. and f. w. woolworth & co. ltd. (1941) 58 r. p. c. 147. in that case the distinguishing feature of the registered trade mark & the proposed trade mark was the word 'june,' & the master of the rolls in his judgment at p. 162 observes :'now the question of resemblance & the likelihood of ..... confusion.11. the learned judge below in a very careful judgment has meticulously examined the points of similarity & dis-similarity between the trade mark of the appellants & the trade mark of the respondents, & he has come to the conclusion that the points of difference are so numerous & the points of ..... & co.'s application, in re (1924) 41 r. p. c. 423. in that case huxley applied for the registration of a trade mark for illuminating oils & greases & the trade mark consisted of a label with four panels & the last of these panels consisted of a ship. the application was opposed by the prices' patent ..... the pronouncement of the party who applies for the trade mark. as we said before, for two years prior to the application for registration the respondents described this parti-cular bird as an eagle & called ..... . but in this case, fortunately, it is not necessary to give a judicial pronouncement as to whether the bird appearing in the respondents' trade mark is or is not an eagle, because the pronouncement has been given by the respondents themselves, & no pronouncement can be more weighty than .....

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Mar 04 2004 (HC)

Hindustan Petroleum Corpn. Ltd. Vs. H.P. Oil Corporation Ltd.

Court : Mumbai

Reported in : 2004(3)ALLMR52; 2004(3)MhLj187; 2004(28)PTC362(Bom)

..... previous paragraph. the learned counsel for the defendants has placed reliance on the decision of the calcutta high court in the case of gopal hossiery v. the dy. registrar of trade marks and ors., : air1981cal53 . however, the dictum of this decision will be of no avail to the defendants. in that case, the delay was almost of 13 years. however, in the ..... . oil corporation ltd. and to change their name to any other name that does not contain the letters 'hp'. inspite of this legal notice, the defendant continued to use the trade mark/logo of the plaintiff and, in fact, caused to advertise its products in different newspapers and one such advertisement appeared in the leading newspapers published in mumbai. in the circumstances ..... plaintiff became aware about the infringement sometime in april/may, 2003, when the plaintiff's attention was drawn to the fact that the defendant was misusing the plaintiff's trade mark by using the mark 'hp' for marketing its products. in the circumstances, the plaintiff gave legal notice to the defendant to cease and desist from marketing, advertising, distributing, supplying, selling or otherwise ..... , as prayed for by the plaintiff's.3. the plaintiff's have approached this court for reliefs against the defendants essentially on the assertion that the defendants have infringed their trade mark and are also indulging in passing off. the plaintiff is a government of india enterprise. it is the case of the plaintiff that it is the second largest refining and .....

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Jan 25 2005 (HC)

Manglore Ganesh Beedi Works Through Its Distributor and Constituted At ...

Court : Allahabad

Reported in : 2005(3)AWC2097

..... ganeshchewing tobacco177899 j/212 ganeshchewing tobacco187068 j/242 ganeshsnuff182711 j/283 ganeshsnuff219036 j/374 ganeshcigars217348 j/392 ganeshchewing tobacco276635 j/587 ganeshjarda39. the petitioner had been using the said trade mark of 'ganesh' for its product- 'bidies' for over more than 50 years. no basis or material has been provided by the respondent that the religious feelings of ..... used on many articles and by registering the symbol with numerical 501, it distinguishes the product of the petitioner from others giving petitioner an invaluable right to use the trade mark and prevent his right from infringement under the act. biri is not smoked by hindus only. muslims and people belonging to other communities also smoke bidi. in these ..... provided machinery for correction of any error in registration. provision has been made for determination in a rectification proceeding, of all questions including the question whether the registered trade mark should not have been registered because it comprises of or contains any matter likely to hurt the religious susceptibilities of any class or section of citizens of india, ..... navinchandra trivedi v. bhagyalaxmi chitramandir - : air1978guj13 .20. the grievance of the respondent no. 3 that use of the name and/or picture of 'god ganesh' as trade mark by the petitioner upon the wrapper/label is for commercial purpose and, therefore, is objectionable. his further contention is that smoking bidis is bad and is prohibited by hindu scriptures .....

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May 07 1953 (SC)

National Sewing Thread Co. Ltd. Vs. James Chadwick and Bros. Ltd. (J. ...

Court : Supreme Court of India

Reported in : AIR1953SC357; (1954)56BOMLR21; (1953)IIMLJ215(SC); [1953]4SCR1028

..... of the high court and with the reasons given in that decision. the relevant part of section 8 of the trade marks act is in these terms : 'no trade mark nor part of a trade mark shall be registered which consists of, or contains, any scandalous design, or any matter the use of which would ..... plaintiffs. the considerations relevant in a passing off action are somewhat different than they are on an application made for registration of a mark under the trade marks act and that being so the decision of the madras high court referred to above could not be considered as relevant on the questions ..... which the goods are identified and which is associated in the mind of the purchaser is the representation of an eagle appearing in the trade mark. if the trade mark conveys the idea of an eagle and if an unwary purchaser is likely to accept the goods of the appellants as answering the ..... the judgment of mr. justice s. c. shah in civil miscellaneous no. 2 of 1950 and restoring the order of the registrar of trade marks refusing to register the appellants' trade mark. 2. the two questions that were canvassed before us and that fall for our determination are (1) whether the judgment of mr. ..... with great respect, in our opinion, very correctly. we have not been able to appreciate the special peculiarities of the rights created by the trade marks act which place the appellate jurisdiction conferred on the high court by section 76 on a different level from the jurisdiction created by the special provisions .....

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Apr 27 1962 (SC)

Amritdhara Pharmacy Vs. Satyadeo Gupta

Court : Supreme Court of India

Reported in : AIR1963SC449; [1963]2SCR484

..... claiming is its right under s. 21 of the act, the exclusive right to the use of its trade mark, and to oppose the registration of a trade mark which so nearly resembles its trade mark that it is likely to deceive or cause confusion. 15. a large number of decisions relating to the ..... may first read the relevant sections of the act, viz. s. 8 and 10. 8. prohibition of registration of certain matter. - no trade mark nor part of a trade mark shall be registered which consists of, or contains, any scandalous design, or any matter the use of which would. - (a) by reason ..... and that the respondent had been an honest concurrent user from 1923 onwards, they held that there was no justification for refusing registration to the trade mark 'lakshmandhara' for the whole of india. they accordingly allowed the appeal of the respondent and dismissed that of the appellant by their judgment ..... medicine of similar nature, least of all with 'amritdhara' whose packing was distinctly different in colour, design and layout. 3. the registrar of trade marks dealt with the application and the opposition thereto by his order dated september 10, 1953. it appears that apart from the affidavits filed, no ..... the article, and it was stated that the approximate annual turnover was rs. 40,000/-. notice of the application was given by the registrar of trade marks, bombay, and the amritdhara pharmacy, a limited liability company and appellant before us, filed an application in opposition. in this application the appellant .....

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May 16 2008 (SC)

Kabushiki Kaisha Toshiba Vs. Tosiba Appliances Co. and ors.

Court : Supreme Court of India

Reported in : AIR2009SC892; LC2008(2)195; 2008(37)PTC394(SC); 2008(8)SCALE354

..... judgment and order dated 28.9.1993 passed by a learned single judge of the high court affirming the final order dated 24.2.1992 passed by the deputy registrar, trade marks.background facts3. the factual matrix obtaining herein shorn of all unnecessary details is as under:appellant claims itself to be the largest manufacturer of heavy electrical apparatus in japan. the ..... electric drills (machines), spin dryers and can openers being electrically operated tools, all being goods include in class 7.5. registration was granted in respect of the said items being trade mark no. 273758. other registeration numbers were given in favour of the said group in respect of some other goods falling under class ix and xi.6. respondent herein is an ..... falling 273760 26.7.1971 11 various goods includinglamps, ovens, waterheaters, fans, toasters,cookers, etc.8. it is stated that the appellant had since acquired about 35 trade marks registrations in india. the period of seven years expired in 1978. on the expiry thereof, it became conclusive of its validity in terms of section 32 of the act. the ..... including electric irons, immersion rods, toasters, table lamps, ovens and stoves. the said suit is still pending.13. in its affidavit before the registrar of trade marks, the appellant contended:14. annexed to my affidavit and marked annexure h are extracts from the import and export policy of the government of india (ministry of commerce) for the years:i) april 1985 to march .....

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Jan 14 2009 (HC)

Lowenbrau Ag and anr. Vs. JagpIn Breweries Ltd. and anr.

Court : Delhi

Reported in : 2009BusLR360(Del); 157(2009)DLT791; LC2009(1)356

..... legal right which can be enforced in india. section 34 of the act accepts common law rights of an unregistered user of identical or resembling trade mark, provided he is a prior user. it may noticed that the english law on trans-border reputation when the foreign manufacturer does not have ..... question of cancellation of registration, use and advertisement abroad, outside the territory of india is not of assistance. it was further held that the trade mark law is a municipal law which is not extra territorial in nature and is confined to territorial limits of india. the question involved in the ..... raises a defence under clause (e) of sub-section (2) of section 30 and the plaintiff pleads the invalidity of registration of the defendant's trade mark, the court trying the suit (hereinafter referred to as the court), shall,-(i) if any proceedings for rectification of the register in relation to the ..... direct benefit on the rival traders or the general public but to define the rights of the proprietor under the registration. the registration of a trade mark confers substantial advantages on its proprietor as will appear from the sections grouped together in chapter iv under the heading 'effect of registration'. it is ..... person, or the remedies in respect thereof.10. it will be appropriate to refer to the observations of the supreme court in the registrar of trade marks v. ashok chandra rakhit ltd. reported in : [1955]2scr252 :8. the third thing to note is that the avowed purpose of the section .....

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May 29 2009 (HC)

Amar Singh Chawal Wala Vs. Shree Vardhman Rice and Genl. Mills

Court : Delhi

Reported in : 159(2009)DLT267; 2009(40)PTC417(Del)

..... . the learned single judge also referred to documents filed by the plaintiff. it was noticed that although neither party had brought on record photographs of the respective trade marks, the photocopies of the trade marks registration certificate were available. the learned single judge held that the defendant's device of qilla was not identical or similar to the qilla used by the plaintiff ..... second appeal against the said order was dismissed by the division bench on 19th january 2001 and therefore the order dated 29th december 1993 passed by the assistant registrar of trade marks had attained finality. the said application was filed to bring on record the aforementioned facts.26. the appeal is allowed. the impugned order dated 1st march 1996 passed by ..... to the following observations of mccarthy at page 346, para 30.21 which deals with the protection of third parties; 'some courts also consider the necessity of protecting third parties trade mark infringement cases, 'third parties' means the buying public. if the equities are closely balanced, the right of the public not to be deceived or confused may turn the scales ..... the plaintiff in addition to the common law rights, it also held a statutory right to the exclusive use of the aforementioned trade marks by virtue of registration granted under the trade and merchandise marks act, 1958 as per the following details:trade mark registration no. goods date device of qilla 180418 rice 16-11-1960 golden qilla 201760 rice 16-04-1962 (word per .....

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Feb 15 2007 (HC)

Astrazeneca Uk Limited and anr. Vs. Orchid Chemicals and Pharmaceutica ...

Court : Delhi

Reported in : LC2007(2)1; 2007(34)PTC469(Del)

..... thereforee, the learned single judge was justified in not staying the suit. in this connection, reference may be made to the provisions of section 124(5) of the trade marks act, which entitles the court to deal with the interlocutory application. thereforee, the submission of the counsel for the appellants/plaintiffs in this regard, is misconceived and cannot ..... filed before the appellate board for intellectual property for rectification, which is still pending. it is however clear and apparent that the rectification application for registration of the trade mark of the respondent/defendant was filed by the appellant/plaintiff no. 1 after the institution of the present suit. the mere fact of filing of an application for ..... of by the respondent/defendant. however, it is established from the records that the respondent/ defendant issued an advertisement in the trade mark journal dated 28th february, 2005 in respect of its trade mark 'meromer'. application for registration of the trade mark 'meromer' was filed by the respondent/defendant on 2nd august, 2004 in class-5 and after the aforesaid advertisement, as ..... shape of vialsthe plaintiff has adopted a shape of the defendant has also chosen a vialthe vials shape, however, it is slightlydifferent.6. plaintiffs' trade mark: defendant' trade mark'plaintiff's mark 'meronem' the defendant's mark is `meromer'the defendant's mark is `meromer'11. the appellants/plaintiffs filed the suit on 4th october, 2005 on the basis of the registration of .....

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