Court : Mumbai
Decided on : Feb-10-2003
Reported in : 2003(5)BomCR295; 2004(28)PTC193(Bom)
..... herein which commenced business only in 1998.39. the next question is whether the first defendant has infringed the plaintiffs registered trade mark. the plaintiffs registered trade mark consists of the mark 'm-seal' with a disclaimer of the word 'seal'. the trade mark was registered on 16.8.1972. the registration is valid till 16th august, 2007 as is clear from the certificate produced ..... first defendant has infringed the plaintiffs copyright in respect thereof.65. dr. shivade submitted that the plaintiff had expressly or impliedly consented to the first defendant using to the said trade mark. he founded this defence on section 30(b) of the act which reads as under :30.'acts not constituting infringement - (1)notwithstanding anything contained in this act, the ..... fact that the deed of assignment in the facts of this case would require to be considered keeping in mind the surrounding circumstances, including the deed of assignment of the trade mark.13. dr. tulzapurkar also challenged dr. shivades interpretation of the deed of assignment of copyright.14. it is necessary firstly to ascertain the copyright works claimed by the ..... as a director of kliptronic components pvt. ltd.3. the association of motiwala with the plaintiffs predecessors was thus substantial, indicating his knowledge of and familiarity with the said trade mark and copyright.4.on 1st september, 1992, a partnership firm electro components manufacturing co., was formed of which k.e. motiwala was a partner. he resigned as a .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-25-2003
Reported in : 2003(3)ALLMR873; 2003(5)BomCR501; 2003(27)PTC555(Bom); 45SCL335(Bom)
..... court passed the order dated 30.11.2001 directing the receiver to engage an advocate to initiate proceedings in respect of the infringement of the trade mark 'postman', the defendant no. 1 started using the trade mark 'postiano'. the trade marks having been found to be deceptively similar, it is clear that this is an obvious attempt to circumvent the orders of this court and i ..... that it is not possible to seel it because of a complete devaluation. in the context of passing-off, goodwill has been described by kerly in the law of trade of trade marks and trade names, thirteenth edition, as something which represents 'in connection with any business or business product, the value of the attraction to customers which the name and reputation possesses. it ..... 'registered proprietor' as follows:-'(q) 'registered proprietor', in relation to a trade mark, means the persons for the time being entered in the register as proprietor of the trade mark.'clause (b) of section 2 defines 'associated trade marks' as follows:'(b) 'associated trade marks' means trade marks deemed to be, or required to be registered as associated trade marks under this act.'5. dr. tulzapurkar, learned counsel for the defendant no .....Tag this Judgment!
Court : Delhi
Decided on : Oct-29-2003
Reported in : 2003VIIIAD(Delhi)228; 108(2003)DLT51; 2003(27)PTC478(Del); 2004(1)RAJ214
..... uspq 310 wherein it was held that while entering a field of endeavor already occupied by another the second comer should, in the selection of a trade name or trade mark, keep far enough away to avoid all possible confusion and the leading case on this concept is florence mfg. co. v. j.c.dowd & ..... nothing to do with the pink. teeth as white line and gum as pink colour alone at least sometimes can meet the basic requirements as a trade mark. colour depletion theory is unpersuasiveonly in cases where a blanket prohibition is being sought.63. as to the element of deceit and confusion it varies from ..... the same vein mr. sibal also contended that the containers or goods of particular get up with distinctiveness also acquire the protection like that of a trade mark and in support of this relied upon hoffmann-la roche & co. v. ddsa pharmaceuticals limited 1972 rpc 1. views of lord justice harman are as ..... section 48 provides as under:-'48. registered users-(1) subject to the provisions of section 49, a person other than the registered proprietor of a trade mark may be registered as a registered user thereof in respect of any or all of the goods or services in respect of which the trademark is ..... uncommonly an ingredient in passing off. such cases are rare, since few traders rely on get-up alone to distinguish their goods, so that trade names and word trade marks are ordinarily present too' and the author says:'and in these days, in this country, a difference in names is enough to warn the .....Tag this Judgment!
Court : Delhi
Decided on : May-15-2003
Reported in : 2003IVAD(Delhi)524; 105(2003)DLT239; 2003(26)PTC593(Del); 2003(3)RAJ100
..... way of compromise. by virtue of the said compromise, the defendant retired from the partnership business and upon dissolution of the firm, all the assets, liabilities, goodwill, running business, trade name, trade mark etc were taken over by the continuing partners. a sum of rs.1 lakh and some machineries came to the share of the defendant. the plaintiff firm, when defendant was ..... the nature of the medicine he is looking for with a somewhat vague recollection that he had purchased a similar medicine on a previous occasion with a similar name. the trade mark is the whole thing-the whole word has to be considered. reference was also made to an english decision willian bailey (birminghan) ltd's application (1935) 52 rpc 136 wherein ..... plaintiff's logo not only in letter but in style also.ix) similarly the use of logo m in the name of its firm microtel amounts to infringement of registered trade mark of the name of the plaintiff firm micronix india.9. in support of these contentions, learned counsel for the plaintiff has placed reliance upon the decision of the supreme court ..... instruments, t.v.tuners, t.v.boosters etc. on 19.11.1986. however, after the retirement of defendant from partnership in 1992, other two continuing partners became subsequent proprietors of trade mark, logo and label. 4. that due to adoption of deceptively similar trademark and cartons by the defendant in respect of same business, goods being sold at the same time, a .....Tag this Judgment!
Court : Delhi
Decided on : Dec-18-2003
Reported in : 2004(72)DRJ683; 2004(28)PTC151(Del)
..... in law, which has supervened since the judgment was entered.'5. applying the above legal principles, it would be seen that by virtue of sections 83 and 100 of the trade mark act, 1999, the jurisdiction to try and entertain cos exclusively vests with the appellate board. it is a case of ouster of jurisdiction of the court. accordingly, the cos are ..... . 268/97 was liable to be recalled as co. nos. 11/97, 22, 23 and 24/2001 were to be sent to the appellate board under section 100 of the trade marks act, 1999. suit no. 268/97 along with counter claim, now renumbered as s. no. 81/2003, had been transferred to this court with a view to ensure its hearing ..... . is not liable to be transferred to the appellate board, constituted under section 100 of the trade marks act, 1999. by this petition, petitioner seeks that the trade mark 'tiger' in the name of madan lal jain trading as ramji lal madan lal jain, be expunged from the register of trade marks.2. on a point of background, it may be noted that earlier ia. no. 10962 .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-21-2003
Reported in : 2003(3)ALLMR421; 2003(5)BomCR523; 2003(4)MhLj915; 2004(28)PTC59(Bom)
..... an english court in the case of brown shoe company inc. reported in 1959 rpc at page 29. the respondents there had evolved word 'naturlizet' as a trade mark in relation to ladies shoes. the trade mark 'naturalizer' belonging to the appellant was already in existence and on the register. the court observed as follows:-'here it is true two words are involved 'naturalizer ..... words 'ruston' and 'rustam india' were found to be deceptively similar is of no application here. in that case the goods were being sold under the trade mark 'ruston'. defendant started selling similar goods under the trade mark 'rustam'. they were found to be similar and indeed, reflects, they are. the court also negatived the contention that rustam india would make any difference. there ..... 265 in which that court granted an injunction against passing off by the use of the word knoll and knoll international since the plaintiffs goods were sold under the registered trade mark parker knoll. that is a case where the defendants claimed a right to use the word 'knoll' since it was their own name. i find it difficult to view the ..... .a. bobde, j.1. this is a plaintiffs motion for restraining the defendants from selling their products hair oil, shampoo and soap (personal care products in class 3) under the trade mark 'ayush' so as to pass off or enable others to pass off the same as products of the plaintiffs which according to the plaintiffs are being sold under an almost .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-13-2003
Reported in : 116CompCas413(Kar); (2003)4CompLJ13(Karn); 43SCL186(Kar)
..... same is subject to approval of the scheme by this court. the said clause proceeds on the assumption that the company owns brands, trade marks, registered trade marks and benefits under a permitted user agreements and the same is sought to be made available to kspl under the terms of the ..... he submits that the said clause to be deleted from the scheme.54. the offending clause provides that all the brand/s, trade mark/s, the registered trade mark/s, and benefits of permitted user agreements of kecl shall be available to the kspl to manufacture products being currently manufactured by the ..... which reads as under :'2. it has been mutually agreed between the company and kspl (rmg) that all the brand/s trade mark/s, the registered trade mark/s and benefits of permitted user agreements of kecl shall be available to kspl for manufacture of products being currently manufactured by the ..... statutory requirement contemplated by section 391(1) of the act?(iii) whether the sanctioning of the scheme amounts to contravening the provisions of the trade marks act ?(iv) whether the modification of the scheme suggested by the secured creditor icici is reasonable ?(v) whether sanctioning of the scheme resulting ..... that the said dispute is of a civil nature, it cannot be decided in these proceedings. they contend the word 'kirloskar' and the trade mark 'kirloskar' belongs to them exclusively. the objectors right to take action against the company on the ground of alleged violation also remains unaffected and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-13-2003
Reported in : AIR2003SC1928; 2003(2)ALLMR(SC)703; 2003(1)CTC627; JT2003(5)SC193; 2003(2)SCALE373; (2003)10SCC361; 1SCR1092
..... v. james chadwish and bros. ltd. : 4scr1028 held that as regards a judgment passed by a single judge of high court exercising its power under section 76 of the trade marks act, a letters patent appeal would be maintainable. the said decision has been followed by this court in maharashtra state financial corporation v. javcee drugs and pharmaceuticals pvt. ltd. and ..... ors. : 1scr480a .43. in union of india and ors. v. aradhana trading co. and ors., this court while referring to national sewing thread co.'s case (supra), distinguished the same on the ground that under the arbitration act, there exists a specific .....Tag this Judgment!
Court : Delhi
Decided on : Jan-15-2003
Reported in : 2003IIAD(Delhi)41; 102(2003)DLT840; 2003(26)PTC200(Del); 2003(1)RAJ464; 47SCL574(Delhi)
..... drug authorities by the supreme court. the supreme court directed that the drug authorities should consider requiring such an applicant to submit official search report from the trade marks office pertaining to the trade mark in question which will enable the drug authorities to arrive at a correct conclusion. it would not be out of place to mention that different acts like ..... that there will be no confusion or deception in the market. the authorities should consider requiring such an applicant to submit an official search report from the trade marks office pertaining to the trade mark in question which will enable the drug authority to arrive at a correct conclusion.' 17. it is submitted that in terms of the judgment in cadila health ..... . they may not be in a position to differentiate between the medicine prescribed and bought which is ultimately handed over to them. this view finds support from mccarthy on trade marks, 3rd edn., para 23.12 of which reads as under:- 'the tests of confusing similarity are modified when the goods involved are medicinal products. confusion of source or ..... of the judgment in cadila health care ltd. v. cadila pharmaceuticals ltd. (supra):- '32. public interest would support lesser degree of proof showing confusing similarity in the case of trade mark in respect of medicinal products as against other non-medicinal products. drugs are poisons, not sweets. confusion between medicinal products may, thereforee, be life threatening, not merely inconvenient. .....Tag this Judgment!
Court : Delhi
Decided on : Sep-05-2003
Reported in : 2003(27)PTC422(Del)
..... filed by the petitioner, same had to be ignored as in the pleadings, it was not pleaded by the objector that tata was a registered trade mark of the objector and hence no amount of evidence could be looked into.12. i have gone through pleadings the facts of opposition. the pleadings ..... activities of the house of tatas touches almost every aspect of day to day life from edible products to household products, automobile and computers. the trade mark/name tata is the household word and is exclusively associated in the minds of the public with the house of tatas.4. the group companies of ..... the same order has been challenged by m/s. tata sons ltd.3. petitioners of both the petitions claim to be the proprietors/license users of the trade mark 'tata' alleged to be the trademark of internationally known business house operating under the group 'the house of tatas'. it is averred that the word ' ..... disposed of cm(m) has been filed by m/s tata chemicals ltd. challenging the impugned order dated 10.6.1994 passed by the registrar of trade marks whereby he had allowed application no. 421889-b dated 14.5.1984 filed by respondent no. 2 in both the petitions and had disallowed the objections ..... respondent no. 2 wherein this court had restrained in from selling or offering for sale the pressure cookers under the trade mark tata. this aspect has been completely overlooked by the registrar of trade marks.14. for the reasons stated above, the impugned order dated 10.6.1994 is set aside. since there is .....Tag this Judgment!