Court : Chennai
Decided on : Nov-05-2015
..... air 1972 sc 1359, it is submitted that the test of descriptive similarity is to be applied by examining the structural or phonetic or conceptual similarity between the competing trade marks. the competing marks imperial blue and imperial gold have same structure, they are phonetically similar, convey the same in idea and impression as it constitutes a combinative use of imperial plus ..... 2002 and have not disputed the fourth respondent use since 1997 and on facts found that the fourth respondent are prior in adoption and use of the trade mark and the use of their trade mark is to be protected. with regard to the word 'imperial' while considering the petitioner's submission that it is a common word and it is laudatory, ..... manufacturing, selling with a trade mark/label/trade dress as may be deceptively similar to the trade mark of the fourth respondent namely, imperial blue, imperial red, or royal stag. the petitioner preferred an appeal before the division bench challenging the said ..... of the application for rectification. 8. the fourth respondent moved the high court of delhi for a decree of permanent injunction to restrain the petitioner from infringing the registered trade mark, copy right, passing of etc. the learned single judge by a detailed order rendered a finding that the petitioners are guilty of passing off and restrained the petitioners from .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-11-2015
..... with honest practices in industrial or commercial matters, and (b) isnot such as to take unfair advantage of or be detrimental to the distinctive character or repute of the trade mark. (2) a registered trade mark is not infringed where (a) the use in relation to goods or services indicates the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of ..... defendant to say that it has used those very words but in some other stylization and, consequently, that there is no infringement. there is simply no basis for this in trade mark law; indeed, it defeats the statutory purpose and intent, for it would then be open hunting season on every single such registration: every infringer could then claim a different ??style ..... have it question the registration itself. even if it does, the courts view is only prima facie; the registration can only be finally challenged in appropriate rectification proceedings before the trade marks registry. 22. as it happens, the full bench decision in lupindoes not detract from the strength of mr. dhonds argument. if anything, it places that argument on a much surer ..... and can cause no possible confusion with the plaintiffs use of the expression; and that the plaintiffs cannot enforce their rights in view of sections 18 and 28 of the trade marks act, 1999. there is, the defendant says, no question of any relief being granted to the plaintiff. 5. specifically, the defendants case is that what the kamaths have registered is .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-30-2015
..... which is capable of distinguishing the goods or services of one person from those of others. section 2(r) defines 'permitted use' in relation to a registered trade mark. it also enables registration of trade marks. the powers in that behalf in the registrar are set out in chapter ii and procedure and duration of registration is provided by chapter iii. the effect of ..... exhaustion of rights is relevant to goods which emanated initially from the intellectual property owner or associated enterprises. mr. sridharan has also relied upon the passage from kerly'slaw of trade marks and trade names in that regard. he submits that in this work as well, this principle has been stated and with reference to the essential functions and specific subject matter of ..... the market and dealings in such goods entering the market are cases which are specifically dealt with and some savings and restrictions have been enacted in the legislation pertaining to trade marks. however, the theory and principle which is relied upon by mr. sridharan by itself and without anything more cannot assist the applicant. such principle or theory ought to find ..... may be of the category indicated hereinabove. there is a provision enabling rectification and correction of the register. in all this, one does not find the absolute exhaustion of the trade mark as claimed by mr. sridharan. if the act is read as a whole and the provisions thereof are construed harmoniously, it would be clear that the protection guaranteed by .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-23-2015
..... division bench of this court has held that: the mere fact that the goods are not available in india would not in any manner reduce the effect of the registered trade mark. the mark was renewed from time to time by the appellants and it is not in dispute that the goods manufactured by the appellants are sold all over the world. it ..... exception. an incorrect product mistakenly used might well be fatal. there is an overarching public interest that requires a lower threshold of proof of confusing or deceptive similarity where the trade marks in question are applied to pharmaceutical products: drugs are poisons, not sweets ?, as the cadila court said. a life threatening confusion is not a mere inconvenience ?. 30. applying the aforesaid ..... elements of passing off action are the reputation of goods, possibility of deception and likelihood of damages to the plaintiff. in our opinion, the same principle, which applies to trade mark, is applicable to trade name. ? 13. in an action for passing off it is usual, rather essential, to seek an injunction temporary or ad-interim. the principles for the grant of such ..... the counter but are sold only to the hospitals and clinics. nevertheless, it is not uncommon that because of lack of competence or otherwise, mistakes can arise specially where the trade marks are deceptively similar. in blansett pharmaceuticals co. v. carmick laboratories inc. (uspq 2nd, 1473 (ttab 1993)it was held as under: confusion and mistake is likely, even for prescription drugs .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-23-2015
..... this court in playboy enterprises, the prb act is concerned with registration for the purposes of publication. the prb act does not deal with various aspects of trade marks, the rights of a trade mark owner and remedies for infringement. the time s publishing house limited decision was rendered at a time when the tm act had not been enacted. under section ..... entitlement to such registrations. but the plaintiffs also have press act registrations, and have immense circulation (unlike the financial times), and this, too, is not disputed. they even have trade mark registration, though of relatively recent vintage, in devnagari. all that they lack, and their application for this is clearly pending, is press act registration in hindi in madhya pradesh. ..... title registration. 22. mr. soni has no quarrel with dr. chandrachud s assertion that even under cross-examination, the defendant has no dispute with the plaintiffs registrations under the trade marks act, 1999 (cross-examination of defendant, q.8, compilation pp. 170-171). mr. soni however points out that at the same time, pw1, ms. thakkar, has admitted in ..... , the owners and proprietors of the popular and well known indian express ? group of newspapers and publications seek an injunction against the defendant restraining him from infringing their registered trade mark indian express ?. the plaintiffs have set out the inter se devolution of title between them. this is not immediately germane, not being disputed. the 2nd plaintiff is the .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-26-2015
..... even before registration is granted. thus, it would emerge from above that in order to maintain a suit for infringement of registered trade mark or any right relating to registered trade mark it would be the district court where plaintiff resides or carries on business as indicated in section 134 (2) of the act ..... under section 134(1)(a) and (b) of the act does not extend to a person whose application for registration of trade mark is pending before the registrar of trade marks, as it is in the case of plaintiff. hence, it is contended that civil court, bengaluru does not have jurisdiction to ..... the extent of plea raised in paragraphs 29, 30 and 39 of the plaint alleging that defendant with the malafide intention of trade over the plaintiff's trade mark and goodwill and giving rise to confusion and deception in the minds of the intending public and corporates who are looking to avail ..... company in the travel and travel related market since 2008 and same is advertised through its website www.vistara.in and as such the trade marks had been widely publicized locally in india and internationally for both retail and corporate clients. it is also contended that plaintiff has spent huge ..... the defendants to pay the plaintiff a sum of rupees 1,00,00,000/- (rupees one crore only) as damages for passing-off of the trade mark vistara belonging to the plaintiff as their own. ? contending interalia that plaintiff company came into being to revolutionalise india's corporate travel market and .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-27-2015
..... not materially alter the overall phonetic effect of the word 'cefdon' from that of 'cedon'. in ranbaxy laboratories vs. dua pharma (air 1989 delhi 44), the court held the trade marks 'calmpose' and 'calmprose', used in relation to schedule drugs, to be descriptively similar and granted an injunction. it was held that the two words are phonetically similar and that addition ..... distinctive and not descriptive and its being capable of being accordingly registered. by relying on its registration, the plaintiff can certainly claim an injunction against an identical, or descriptively similar, trade mark. 11. relying on the decision of delhi high court in the case of sbl limited vs. himalaya drug company (1997 (17) ptc 540 (db), it is submitted by ..... has produced sales figures certified by its chartered accountants as also its sales promotional material, invoices, etc. according to the defendants, there is no deceptive similarity between the two trade marks. it is the defendant's case that the goods in respect of which the parties' respective trademarks are used are schedule h drugs sold only on prescriptions of medical ..... suit, in so far as the cause of action for infringement is concerned, lies within the jurisdiction of this court. the plaintiff, who is the registered proprietor of the trade mark, infringement whereof is the subject matter of this suit, carries on business within the territorial jurisdiction of this court. it is alleged that the defendants, by means of selling .....Tag this Judgment!
Court : Mumbai Aurangabad
Decided on : Sep-22-2015
..... will of this brand is also made. 4. it is the case of the plaintiff that when some manufactures had applied for approval and registration of their trade marks which were similar to the aforesaid trade mark of the plaintiff, plaintiff had taken objections before the authority of excise department and it had filed suits also against many such manufacturers. in the pleading the ..... civil remedy like injunction is available. the aforesaid provisions show that even when the defendants threaten to invade the plaintiff's right in respect of the copy right or the trade mark the relief of injunction is available. 24. learned counsel for the appellant placed reliance on case reported as 2012 (2) mh.l.j. 37 bombay high court (sun pharmaceuticals ..... plaintiff has given particulars of those matters. 5. it is the case of the plaintiff that in trade mark suit no.5/2010 filed by the plaintiff against one manufacture konkan agro marine industries private limited (kamipl) in nagpur court this manufacture supplied information that this brand name and ..... provision of order 7 rule 11 of the civil procedure code in the suits filed by the present appellant in respect of its rights under the copyright act 1957 and under the trade marks act 1999. respondents, defendants of both the proceedings had filed applications for rejection of the plaint and these applications are allowed. 3. the plaintiff is a cooperative sugar factory and .....Tag this Judgment!
Court : Delhi
Decided on : Nov-20-2015
..... of a merchant in order to give him a locally enforceable right to sue for passing off. this has been explained by kerly's in his book called law of trade marks and trade names (fourteenth edition) (south asian edition 2007), wherein the concept of goodwill has always been categorized as local in character and the learned author observed thus as under:- since ..... trans border or overseas or extraterritorial reputation not only though import of goods but also by its advertisement. the knowledge and the awareness of the goods of a foreign trade and its trade mark can be available at a place where goods are not being marketed and consequently not being used. the manner in which or the source from which the knowledge has ..... impleaded tropical management ltd. who is predecessor-in-interest of the plaintiff, hence the application is liable to be dismissed. 32. having examined the contents of the application, since the trade marks/names/devices in both the matters filed by the parties against each other are the same, it would be appropriate that the suit filed by the defendants in the district ..... was registered and incorporated in the year 1996 under indian company act, 1956 by the promoters. the defendants had filed for registration of the trademark under class 16 before the trade mark registry mumbai in 2001 which was opposed by the plaintiffs in the year 2004 as submitted by the plaintiffs in the plaint, therefore it is stated that trml had complete .....Tag this Judgment!
Court : Delhi
Decided on : Nov-06-2015
..... are called upon to disclose and/or in its ascertainment by the plaintiff as the plaintiff is not aware of the same as per section 135(2)(c) of the trade marks act, 1999 as also it could adversely effect the plaintiffsability to recover costs and accounts of profits. ? 16. the other prayers 38 (c), (d) and (e) of the plaint i ..... .1 and 2 are acting in connivance and in unison with each other. the defendants have adopted and started using the trademarks l'oreal (hereinafter referred to as the "impugned trade mark") in relation to their impugned goods. the defendants are also using word paris and elvive along with the impugned trademark in order to give a false description to its impugned ..... ; essential oils for personal use; dentifrices; copy of certificate of registration with respect to trademark no. 165778 in class 3 in favour of the plaintiff along with its advertisement in trade marks journal and its renewal certificates have been exhibited as ex.pw-1/4 (colly). status of the said registered trademarks of the plaintiff as appearing on the web-site of ..... as also through internet and e-commerce. 7. the plaintiff's trademarks l'oreal word and elvive word mark is duly registered in india under the trade mark act, 1999 (hereinafter referred to as the act') as per the following particulars: (a) trade markl'oreal (word mark)registration no.165778 in class 3date of registration14.9.1954statusrenewed and subsisting till 14.9.2020goods:perfumery, soaps .....Tag this Judgment!