Thursday, August 13, 2020

HELD Delhi HC :: reiterated that for a 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 […]

(2018) 254 DLT 603 : (2019) 77 PTC 68 DELHI HIGH COURT SINGLE BENCH LUXEMBOURG BRANDS S A R L AND ANOTHER — Appellant Vs. G.M. PENS INTERNATIONAL PVT LTD — Respondent ( Before : Vibhu Bakhru, J. ) Civil Suit (Comm) No. 1120 of 2016; Criminal Miscellaneous Appeal No. 10583 of 2017; Interlocutory Application No. 3153 of […]

  (2019) 77 PTC 676 DELHI HIGH COURT SINGLE BENCH LIFESTAR PHARMA PVT. LTD. — Appellant Vs. GO-ISH REMEDIES LTD. OF BADDI — Respondent ( Before : Prathiba M Singh, J. ) Civil Suit (Comm) No. 375 of 2018; Interlocutory Application No. 5861 of 2015 Decided on : 17-09-2018 Counsel for Appearing Parties Hemant Daswani, Adv., Ishanki Gupta, […]

(2018) 8 MLJ 70 : (2019) 77 PTC 235 MADRAS HIGH COURT SINGLE BENCH TABLETS (INDIA) LTD. — Appellant Vs. D.R. JOHNS LAB PHARMA PVT. LTD. — Respondent ( Before : Mr. M. Sundar, J. ) C.S. No. 28 of 2015 and A. Nos. 208 of 2015 and O.A. Nos. 41 and 42 of 2015 Decided on : 26-09-2018 Civil Procedure Code, […]

  2019  (77) PTC  333 (DELHI) DELHI HIGH COURT SINGLE BENCH NV DISTILLERIES PVT LTD — Appellant Vs. FROST FALCON DISTILLERIES LTD — Respondent ( Before : Rajiv Sahai Endlaw, J. ) Civil Suit (Comm) No. 1170 of 2018 Decided on : 15-11-2018 Civil Procedure Code, 1908 (CPC) – Order 7 Rule 10, Order 7 Rule 11, Section 20, Section 20(a)Trade Marks Act, 1999 […]

The suit is an action for extended passing off and to prevent the respondent from using the appellants’ data and improper reference to its drug Trastuzumab’. 2. Single Judge imposing conditions and the same being in operation from 25.4.2016 has approved the same to be an appropriate interlocutory order considering the nature of the suit […]

    (2019) 78 PTC 476 DELHI HIGH COURT SINGLE BENCH ANIL VERMA — Appellant Vs. R.K. JEWELLERS SK GROUP AND OTHERS — Respondent ( Before : Prathiba M Singh, J. ) Civil Suit (Comm) No. 1097 of 2018; Interlocutory Application No. 11678 of 2018, 14796 of 2018, 3735 of 2019 Decided on : 25-04-2019 Civil Procedure Code, […]

The Court granted a decree of interim injunction restraining the Respondents from infringing and passing off the Plaintiff’s mark “PAN” by using a deceptively similar mark “DOUBLE PAAN”, and from infringing the Plaintiff’s copyright in its label containing the mark “PAN” along with a betel leaf by using a similar label. The Court noted that […]

The Court granted a decree of permanent injunction restraining the Defendant from infringing and passing off the Plaintiff’s mark “KALANJIYAM” by using a deceptively similar mark “KALANJIAM” in respect of textile goods. In arriving at this decision, the Court noted that the Plaintiff was the registered proprietor of the mark and the Defendant had adopted […]

The Court granted a decree of permanent injunction restraining the Defendant from infringing and passing off the Plaintiff’s mark “MRF”, and from infringing the Plaintiff’s copyright in its artistic works. The Defendant admitted to infringement and submitted that it would desist all infringing activities.C.S.No.374 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated […]

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