Skip to content


Judgment Search Results Home > Cases Phrase: trade marks Year: 2000 Page 1 of about 3,336 results (0.050 seconds)

Dec 12 2000 (HC)

Peshawar Soap and Chemicals Ltd. Vs. M/S. Godrej Soaps Ltd.

Court : Delhi

Decided on : Dec-12-2000

Reported in : 2001IIAD(Delhi)452; 90(2001)DLT289; 2001(58)DRJ170

..... and even otherwise both products are at their nascent stages so that laissez-faire principles will settle the controversy. i empathies with the plaintiff. it has been using the trade mark kesh nikhar for several decades and is obviously peeved that the defendant should pick on the word nikhar, which the plaintiff could as easily have chosen and exploited in the ..... . i am immediately reminded of the decision of the court of appeals in the `merit' and `nerit' controversy, where, despite the manufacture of one million cigarettes under the trade mark nerit, the court declined protection since it was not convinced that this manufacture was with the intent to market this product, but rather for blocking the introduction of merit cigarettes ..... seat of manufacture of goods similar to his own......'17. learned counsel for the plaintiff had relied heavily on the following passage from the treatise of narayanan titled - law of trade marks and passing off:'8.69. factual distinctiveness. distinctiveness is not necessarily an inherent or innate quality; it can be acquired. where the primary signification of the word is descriptive ..... injunctions. it was their lordships opinion that it would be impermissible for the civil court to go into the question of `validity' or `distinctiveness' of the plaintiff's trade mark as these issue would properly be decided in the rectification proceedings. the hon'ble supreme court further observed that the case could well be disposed off 'by considering whether there .....

Tag this Judgment!

Mar 29 2000 (HC)

Needle Industries (India) Limited and Another Vs. Virumal Parveen Kuma ...

Court : Delhi

Decided on : Mar-29-2000

Reported in : 2000IIIAD(Delhi)995; 85(2000)DLT513

..... infringement action is based on invasion of the statutory right. the issues arise in this action are whether the plaintiff is a proprietor of the trade mark and whether the defendant's mark is identical or similar to trade mark of the plaintiff. in an infringement action the question of deception or confusion will not arise. (d) in an infringement action, defendant is restrained ..... reliance upon the judgment kellogg company v. pravin kumar bhadabhai 1996 ptc 187. 13. in kellogg company v. pravin kumar bhadabhai (supra), the dispute pertained to the trade mark, emphasis being on trade dress. it was the case of the kellogg company in that case that it was selling flakes with cartons which described the cartons as kellogg flakes. the respondent pravin ..... the plaintiffs. in any case, the said allegations, according to the defendant, were irrelevant as the defendant was not using the trade mark 'pony' or any other trade mark which may be identical and/or deceptively similar to this registered trade mark of the plaintiffs. it is stated that the defendants are the originators, owners and first adopters in the cartons and cards for ..... to dispose of this application of the plaintiff for injunction. 5. the defense to the suit by the defendant is that the defendant was carrying on the business under the trade mark/label entitled 'v.r.' with the device of swan and the numerals '555' since 1989 openly, regularly, continuously, exclusively and extensively which they had bona fidely and honestly .....

Tag this Judgment!

Mar 24 2000 (HC)

Pam Pharmaceuticals Vs. Richardson Vicks Inc. and ors.

Court : Gujarat

Decided on : Mar-24-2000

Reported in : (2001)1GLR125

..... the plaintiffs. moreover, defendant no. 1 has also been restrained from manufacturing, selling or offering for sale, medicinal preparation and allied products using trade mark 'vicas' or any other trade mark which might be deceptively similar to trade mark 'vicks' of the plaintiffs.2, the facts giving rise to the litigation, as stated by the plaintiffs in their plaint, in a nutshell, ..... company of plaintiff no. 1, is manufacturing the medicinal preparations including cough drops under the trade mark 'vicks' in india since 1971. trade mark 'vicks' has been registered under the provisions of the trade and merchandise mark act, 1958 (hereinafter referred to as the trade mark act'). the said mark has been registered at regn. no. 328355 in class v in respect of pharmaceutical, sanitary ..... hereinabove, the suit has been filed by the plaintiffs with a prayer for a declaration that the defendants are not entitled to use the trade mark 'vicas' and/or any other mark similar to the plaintiffs' trade mark 'vicks' and any other artistic work similar to the artistic work of the plaintiffs and the defendants and their agents, servants etc. be ..... and therefore, the suit ought not to have been entertained. according to him, different suits ought to have been filed for ventilating grievances under the provisions of the trade mark act, copyright act and for an action for passing off.8. the learned advocate has also advanced several technical objections pertaining to the procedural aspects. it has been .....

Tag this Judgment!

Feb 28 2000 (SC)

M/S. Haldiram Bhujiawala and Another Vs. M/S. Anand Kumar Deepak Kumar ...

Court : Supreme Court of India

Decided on : Feb-28-2000

Reported in : AIR2000SC1287; 84(2000)DLT301(SC); JT2000(2)SC596; (2000)IIMLJ159(SC); 2000(2)SCALE177; (2000)3SCC250; [2000]1SCR1247; 2000(1)LC603(SC)

..... kishan : air1973bom313 .28. for all the reasons given above, it is clear that the suit is based on infringement of statutory rights under the trade marks act, it is also based upon the common law principles of tort applicable to passing-off actions. the suit is not for enforcement of any rights ..... dissolution dated 16-11-1974 that moolchand, - the father of the partners of the 1st plaintiff firm and the 2nd plaintiff- became proprietor of the trade mark for the whole of india (except west bengal). that right devolved on the plaintiffs on the death of moolchand. therefore, it was contended that the ..... the view of the high court by contending that the suit for injunction was based upon two rights, one being statutory under the trade marks act arising out of prior registration of trade mark and alternatively, the suit was also ^ based on the common law right available in * a passing-off action. the suit ..... in violation of the common law and contractual rights of the plaintiff.on these grounds, defendants are to be restrained by permanent injunction from using the trade mark and a sum of rs. 6 lakhs is payable as damages.5. the defendants, as already stated, have filed the application under order 7, ..... -joint proprietors. the latter three formed a partnership in 1983 and were running a shop in chandni chowk, new delhi selling various goods under the abovesaid trade mark of haldiram bhujia wala. in the meantime, on 10-10-77. mool chand's brother sri r. l. aggarwal (husband of kamla devi) and .....

Tag this Judgment!

Jul 31 2000 (HC)

New Bharat Rice Mills Vs. the Registrar of Trade Marks and Another

Court : Delhi

Decided on : Jul-31-2000

Reported in : 2000VIIAD(Delhi)1071; 2000(3)ARBLR629(Delhi); 88(2000)DLT110; 2000(56)DRJ560

..... the impugned order by falling back upon provisions of section 12(3) of the act. he claimed that registrar had passed it on the basis of 'honest concurrent use' of trade mark by respondent. 5. a perusal of the order impugned shows that registrar had proceeded on a different wave-length altogether. he had found that respondent was a prior user of ..... the bone of contention between the parties. both sides are claiming it for their rice which they are selling in india and australia. 2. respondent applied for registration of this trade mark (word & device) before registrar on 30.8.89 and appellate filed his opposition to it on 27.6.96. respondents' application was allowed but appellant's opposition rejected by impugned ..... had passed it in ignorance of section 55 of the trade marks act which, according to him, provided by a legal fiction that application of a trade mark in india for goods to be exported would constitute a use of such trade mark in india and that registrar was obliged to examine whether the otherwise identical trade mark was likely to create deception and confusion to honest and ..... the mark and had registered it in australia and that provi-sions of sections 11 and 12(1) of the act would not operate against him as the act applied only within .....

Tag this Judgment!

Dec 29 2000 (HC)

T.V. Venugopal Vs. Ushodaya Enterprises and anr.

Court : Andhra Pradesh

Decided on : Dec-29-2000

Reported in : 2001(2)ALT42

..... essential feature is not to be by ocular test alone, it is impossible to exclude consideration of the sound of words forming part of the whole of the mark. (kerly, law of trade marks and trade names. 11th entitled. 1983 para 14.21).26. it is no answer to a charge of infringement - as contrasted with a passing off action - that the defendant's ..... , goodwill and confidence of public. the defendant has been doing the business under the name and style of ashika incense inc. the 1st defendant has been applying the plaintiff's trade mark eenadu fraudulently on the carton of agarbathis manufactured and sold by him, he has been infringing the plaintiff's copyright in respect of the artistic script eenadu deliberately, consciously, dishonestly ..... a eenadu television. the newspaper and the television use the name eenadu, which is written in a distinctive and novel artistic design. it gained sufficient commercial goodwill. eenadu is the trade mark of the plaintiff which owns the newspaper and satellite television. it also owns a copyright in the distinctive and novel artistic script. thus, it is the case of the plaintiff ..... goods, the application shall include a statement to that effect and shall be accompanied by a certificate from the registrar of trade marks referred to in section 4 of the trade and merchandise marks act, 1958 (43 of 1958), to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under that act in the name of, or .....

Tag this Judgment!

Aug 30 2000 (HC)

Susanta Kumar Chowdhury Vs. Birendra Kumar Deb and ors.

Court : Guwahati

Decided on : Aug-30-2000

..... the decision of the bombay high court. the same question arose in the case reported in air 1953 sc 357. that was a case under the trade marks act. a decision was given by the registrar of trade marks. as against that an appeal was preferred before the single judge of the high court, the single judge decided the matter and against that an .....

Tag this Judgment!

Aug 30 2000 (HC)

Susanta Kumar Chowdhury Vs. Birendra Kumar Deb and ors.

Court : Guwahati

Decided on : Aug-30-2000

..... the decision of the bombay high court. the same question arose in the case reported in air 1953 sc 357. that was a case under the trade marks act. a decision was given by the registrar of trade marks. as against that an appeal was preferred before the single judge of the high court, the single judge decided the matter and against that an .....

Tag this Judgment!

Mar 21 2000 (HC)

Castrol Limited and anr. Vs. P.K. Sharma and ors.

Court : Delhi

Decided on : Mar-21-2000

Reported in : 2000(56)DRJ704

..... and colour combination and this is allegedly exclusively advertised and depicted in colours in various printed medias. it is alleged that the goods of the plaintiffs being sold under the trade marks 'castrol', 'castrol gtx', 'castrol gtx 2' and 'castrol crb' have become distinctive of the plaintiffs and are exclusively identified with the goods of the plaintiff and with none- ..... sale, advertising directly or indirectly, dealing in multigrade engine oil, lubricants or any other allied and cognate goods under the trade mark 'castrol gtx' and 'castrol crb' or any other trade mark which is identical or deceptively similar to the registered trade marks of the plaintiffs; they are also restrained by a decree of injunction from selling, advertising directly or indirectly in multigrade engine ..... registered user of the said trade mark as well. the mark 'gtx' and 'gtx 2' have been used by the plaintiffs in conjunction with the trade mark 'castrol' in respect of engine and multi-grade engine oils. the plaintiffs are also marketing their another product under the ..... about rs. 15 crores in advertising and publishing their products in india. plaintiff no. 1 is also the registered proprietor of the trade mark 'castrol gtx' in class 4 in(respect of industrial oils and greases. the said trade mark was registered in 1985 and the registration is still subsisting in the name of plaintiff no. 1. plaintiff no. 2 is the .....

Tag this Judgment!

Nov 21 2000 (HC)

Shalimar Chemical Works Ltd., Calcutta Vs. Surender Oil and Dal Mills ...

Court : Andhra Pradesh

Decided on : Nov-21-2000

Reported in : 2001(1)ALT253

..... that it is a product of the appellant-company. therefore, the suit was laid seeking permanent injunction restraining the respondents from using the registered trade mark or any other trade mark deceptively similar to the appellant's trade mark and copy right. the appellant also sought for a mandatory injunction to deliver to the appellant all cartons, packages etc., for the destruction there ..... features is not to be by ocular test alone; it is impossible to exclude consideration of the sound of words forming part or the whole of the mark. (kerly, law of trade marks and trade names, 11th ed. 1983, para 14, 21).25. with regard to essential features in respect of phonetic or visual similarities, the supreme court observed as ..... supreme court in kaviraj pandit durga dutt sharma v. navaratna pharmaceutical laboratories, : [1965]1scr737 , laid down the distinguishing features between the passing off action and infringement of trade mark. it observed thus :'the other ground of objection that the findings are inconsistent really proceeds on an error in appreciating the basic differences between the causes of action and right ..... .1 of 1995 dated 28-9-1998. the appellant is the plaintiff in the suit, the suit was filed seeking permanent injunction restraining the defendants from infringing the registered trade mark 'shalimar' of the plaintiff by selling, marketing or offering for sale edible oil products bearing the name 'shalimar' on containers, labels, wrappers or using any name identical .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //