Court : Delhi
Decided on : Jun-03-2011
..... that a lay consumer could by association relate the origin of defendants goods to that of the plaintiff. 17. in ruston & hornsby ltd. (supra), the appellant was registered proprietor of trade mark "ruston" in class 7 in respect of the diesel internal combustion engines. the respondent was found using the trademarks "rustam" and rustam india". the high court held that use of ..... case of de cordova and ors. v. vick chemical coy. (1951) 68 r.p.c.103 where vick chemical coy were the proprietors of the registered trade mark consisting of the word "vaporub" and another registered trade mark consisting of a design of which the words "vicks vaporub salve" formed a part. the defendants advertised their ointment as 'karsote vapour rub" and the court ..... . in parle products (p) ltd. v. j.p. & co., mysore, air 1972 sc 1359, supreme court inter alia observed as under:- according to karlys law of trade marks and trade names (9th edition paragraph 838) "two marks, when placed side by side, may exhibit many and various differences, yet the main idea left on the mind by both may be the same. a person ..... , offering for sale advertising or promoting any self priming pump, monobloc pump, jet pump, shallow well pump, coupled pump, high head coupled pump, diesel pump under the trade mark "greaves india" or any other mark which is identical or deceptively similar to the registered trademark greaves" of the plaintiff. a decree for mandatory injunction is also passed directing the defendant no.1 to .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-18-2011
..... prima facie fabricated invoices/receipts. the learned judge has considered the factual aspects and the provisions of law in proper perspective. the defendants had ample means to discover the registered trade mark of the respondents and it is not their case that any official search was taken by them. there is no merit in the appeal and the same is accordingly dismissed ..... building operations of various nature. class of users would be wide spread, right from highly educated and well informed buyers to completely uneducated illiterate persons. though the similarity in the trade mark may not cause confusion in the mind of a very well educated and informed buyer, the similarity is certainly likely to cause confusion in the mind of a common indian ..... . 122 10 1999 ptc 81 11 mipr 2008 (3)-0082 other allied products. the defendants are also involved in the same business. (b) the plaintiff is the registered proprietor of trade mark "ultratech cement the engineer's choice" registered under number 1326528 in respect of "cement of all types, building materials (non- metallic), non-metallic rigid pipes for building, asphalt, pitch and ..... durga dutt sharma vs. navaratna pharmaceutical laboratories air 1965 supreme court 9801, mr. chagla submitted that there is difference between an action for passing off and action for infringement of trade mark. while an action for passing off is a common law remedy 1 air 1965 supreme court 980 being in substance an action for deceit, the action for infringement is a .....Tag this Judgment!
Court : Chennai
Decided on : Jan-22-2011
..... be stayed till the disposal of the opposition filed by the plaintiff and that when the defendant has not filed any rectification application after challenging the registration of the plaintiffs trade mark as invalid before this court, the statutory direction as enshrined in section 124(1)(b)(ii) of the act has to be complied with.5. contending on the other ..... like proceedings, it is appropriate to stay further proceedings of the case. it is her further contention that as per section 124(1) (a) of the trade marks act, 1999, registration of the plaintiff's trade mark has been challenged as invalid in the written statement specifically, that even the defendant in the written statement has pleaded that in view of the opposition proceedings ..... the subject matter in issue in the proceedings before the learned registrar of trade marks and in the present suit before this court are substantially one and the same. hence, the suit has to be stayed till the disposal of the opposition proceedings before the ..... no.1003963 in class 5 claiming user since 31.12.1998. against the said application, the applicant has filed necessary opposition proceedings under amd no.192440 before the registrar of trade marks, ahmedabad and the said opposition is still pending. 2.(b) till a decision is pronounced by the concerned authority in the opposition proceedings, the present suit should be stayed. .....Tag this Judgment!
Court : Delhi
Decided on : May-04-2011
..... case of de cordova and ors. v. vick chemical coy. (1951) 68 r.p.c.103 where vick chemical coy were the proprietors of the registered trade mark consisting of the word "vaporub" and another registered trade mark consisting of a design of which the words "vicks vaporub salve" formed a part. the defendants advertised their ointment as 'karsote vapour rub" and the court ..... . in parle products (p) ltd. v. j.p. & co., mysore, air 1972 sc 1359, supreme court inter alia observed as under:- according to karlys law of trade marks and trade names (9th edition paragraph 838) "two marks, when placed side by side, may exhibit many and various differences, yet the main idea left on the mind by both may be the same. a person ..... reiterated by supreme court in kaviraj pandit durga dutt sharma v. navaratna pharmaceutical laboratories, ptc (suppl) (2) 680 (sc), that if the defendant resorts to colourable use of a registered trade mark, such an act of the defendant would give rise to an action for passing off as well as for infringement. in an action based upon infringement of a registered ..... case there is an invasion of the statutory right provided to him for use of that trade mark in relation to the goods for which the trade mark has been registered in his name. section 29(1) of trade marks act, 1999 provides that a registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-01-2011
..... a passing off action by the former. 16. in the present case also, i can see no intention on the defendants part to have abandoned the trade mark. mr. dhond sought to rely upon several circumstances which would indicate the contrary. i do not intend considering the same in any detail as the ..... for registration." 15. i am in respectful agreement with the above observation. while considering the plaintiff's action for passing off vis-a-vis a registered trade mark also, the relevant date must be the date of the application for registration and not the date on which the registration is actually obtained. i have ..... 10-11-1969 and the evidence of user filed by the opponents is from october, 1970. since the applicant's entitlement to registration of a trade mark has to be decided with reference to the facts as on the date of the application for registration, the evidence of user by the opponents subsequent ..... date is the date of opposition. on a due consideration of the matter, i am of the view that for the purpose of registration of a trade mark the rights of the parties have to be usually determined as on the date of the application. this view is taken by romer j. in jellinek ..... was not actually used by the proprietor in the course of his activities. the submission was sought to be supported by relying upon section 27 of the trade marks act, 1999, which saves passing off actions. 7. the question was considered by a learned single judge of this court in sun pharmaceutical industries limited v .....Tag this Judgment!
Court : Delhi
Decided on : Jul-29-2011
..... to imitate the trade mark of others, in case those who are sued before the courts are not made to pay such damages as would really pinch them. awarding token damages may, therefore, not serve ..... the market, but may get an inferior product on account of such unscrupulous persons using trademarks of others for their own commercial benefit, at the cost not only of the trade mark owner, but also the consumer who purchases their product. another purpose behind awarding punitive damages is to deter those who may be waiting in the wings and may be tempted ..... sold or the service being rendered under that well known brand will prove to be of expected standard or quality. 10. well known marks and trans-border reputation of brands was recognized by courts in india, even before trade marks act, 1999 came into force. in daimler benz. akietgesellschaft v. hybo hindustan, air 1994 del 239, the manufacturers of mercedes benz sought an ..... accorded a statutory protection in the trademarks act, 1999, irrespective of whether it is an indian mark or foreign mark. section 29(4) of trade marks act, 1999, which is relevant in this regard, reads as under:- 29(4) a registered trade mark is infringed by a person who, not being a registered proprietor or a person, using by way of permitted use, uses in the .....Tag this Judgment!
Court : Delhi
Decided on : Oct-10-2011
..... by, when another is invading the rights and spending money on it. it is a course of conduct inconsistent with the claim for exclusive rights in a trade mark, trade name etc. it implies positive acts; not merely silence or inaction such as is involved in laches. in harcourt v. white10 sr. john romilly said: ..... allow another to invade the rights and spending money on it; (ii) it is a course of conduct inconsistent with the claim for exclusive rights for trade mark, trade name, etc. 106. the defence of acquiescence, thus, would be satisfied when the plaintiff assents to or lay by in relation to the acts of ..... trademark which they had coined. the appellant failed to show any prior user. it was therefore held that defence under section 33(1)(b) of the trade marks act was not available to him. in marie stops int. (supra), the plaintiff which was the owner of trademark "marie stopes" had engaged the ..... as by the company. the mou provided that both the parties could continue to use the trademark but their territories were distributed. the registrar of trade marks, without issuing notice to petitioner no.1 removed his name from the register of trademarks. this court was prima facie of the view that the ..... on the register) be deemed to have been acquired by any one of those persons as against any other of those persons merely by registration of the trade marks. hence, no infringement of the trademark "indian express" by the defendants is made out on account of use of trademark "new indian express" by .....Tag this Judgment!
Court : Delhi
Decided on : Jul-18-2011
..... by, when another is invading the rights and spending money on it. it is a course of conduct inconsistent with the claim for exclusive rights in a trade mark, trade name etc. it implies positive acts; not merely silence or inaction such as is involved in laches. in harcourt v. white10 sr. john romilly said: ..... right in the defendant as was laid down in rodgers v. nowill12. "delay simpliciter may be no defence to a suit for infringement of a trade mark, but the decisions to which i have referred to clearly indicate that where a trader allows a rival trader to expend money over a considerable ..... section 15 to 20 and not with reference to sub-section (2) of section 134 of trade marks act. this judgment does not help the defendant for the simple reason that if section 20 of the code of civil procedure is applied, this ..... disputed. in the case of saranya zaveri (supra), it was held that in a suit falling under clause 3(c) of section 134 (1) of trade marks act, 1999, the territorial jurisdiction of the court has to be decided with reference to general provisions of the code of civil procedure, namely, under ..... mere negligence and acquiescence." therefore, acquiescence is one facet of delay. if the plaintiff stood by knowingly and let the defendants build up an important trade until it had become necessary to crush it, then the plaintiffs would be stopped by their acquiescence. if the acquiescence in the infringement amounts to consent .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-03-2011
..... rights and spending money on it. it is a course of conduct inconsistent with the claim for exclusive rights in a trade mark, trade name etc. it implies positive acts; not merely silence or inaction such as is involved in laches." the court further observed that: "the defence of acquiescence, thus, would be satisfied ..... : (i) sitting by or allow another to invade the rights and spending money on it; (ii) it is a course of conduct inconsistent with the claim for exclusive rights for trade mark, trade name, etc.in power control appliances and ors. v. sumeet machines pvt. ltd.  1 scr 708, this court stated: acquiescence is sitting by, when another is invading the ..... , and as is conceded by both parties before us, that the enunciation of 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. ... ... ..."81. learned ..... tortuous act or deceit is committed by the defendant the plaintiff gets a fresh cause of action to come to the court by appropriate proceedings. similarly infringement of a registered trade mark would also be a continuing wrong so long as infringement continues. therefore, whether the earlier infringement has continued or a new infringement has taken place cause of action for filing .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-29-2011
..... v. raymond pharmaceuticals 2010 (5) bcr 568. section 29(5) reads as under :- "29. infringement of registered trade marks.-............... (5) a registered trade mark is infringed by a person if he uses such registered trade mark, as his trade name or part of his trade name, or name of his business concern or part of the name of his business concern dealing in goods or ..... and services, if any, published by the registrar under section 8 or the current edition of the international classification of goods and services for the purpose of registration of trade mark published by the world international property organisation or subsequent edition as may be published. [emphasis supplied] (3) the registrar shall identify and include in the alphabetical index of ..... classification of goods and services.- (1) for the purposes of the registration of trade marks, goods and services shall be classified in the manner specified in the fourth schedule. (2) the goods and services specified in the fourth schedule only provide a means by ..... (1) the registrar shall classify goods and services as far as may be, in accordance with the international classification of goods and services for the purposes of registration of trade marks. (2) any question arising as to the class within which any goods or services falls shall be determined by the registrar whose decision shall be final." .................. 22. .....Tag this Judgment!