Passing Off

Defendants be restrained by a temporary order and injunction from using in relation to their medicinal and pharmaceutical preparations and/or as part of their trading name or corporate name the trade mark and/or the word FRANCO/ FRANCO REMEDIES or any mark deceptively similar to the Plaintiffs trademark and trade name FRANCO INDIAN PHARMACEUICAL PRIVATE LIMITED and form passing off 

Indian IPR

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Passing Off

Foreign entity which has no market presence in India, it was essential to establish not only that it enjoys reputation and goodwill outside India, but also that the said reputation and goodwill had transcended territorial boundaries and spilled over to India in order to establish a case of infringement or passing off.

Indian IPR
Passing Off

Trade Marks Act, 1999 Section 11, 29 – Infringement – Licence agreement – Termination – Use in conjunction – Plaintiff’s trademark `REYNOLDS’ and other sub-trademarks used in association with the trademark REYNOLDS – Use of the trademark `RORITO’ by the defendant in respect of writing instruments – Termination of the License Agreement – Defendant was obliged to cease manufacture – Whether the plaintiffs have acquired propriety right in the WRITESITE trademarks by virtue of the License Agreement – Trademark Expression Work Product – It cannot be read in an expansive manner to cover trademarks that are not used in respect of the products sold under the trademark REYNOLDS. Penalty Rs 5,00,000/-

Indian IPR