Injunction Passing Off Trade Marks Court restrains NIC Natural Ice Cream from using trademark of Natural Ice Cream Natural Ice Cream was founded in the year 1984 and now has over 140 franchises in 42 cities across the country. NIC ice-cream is stated to have been started by a partner in one of Natural’s franchises. October 26, 2022 Indian IPR
Passing Off “User of a similar word by a competitor coupled with dishonest intention and bad faith would suffice to restrain such user and misuser, to do equitable justice to the plaintiff,” February 1, 2022 Indian IPR
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 October 12, 2021October 12, 2021 Indian IPR
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. May 31, 2020 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/- January 26, 2020 Indian IPR
Passing Off Trade Marks Act, 1999 Sections 28, 29 – Infringement of trademark – Damages – Mark `SCABELICE’ – Pharmaceutical preparations for treatment of skin infections – Defendant shall remain injuncted from using the mark `SCABILICE’ – Defendant shall be permitted to use the mark `SCABIES-LICE January 26, 2020 Indian IPR
Passing Off Passing off – Infringement – Scope of – Registration of the mark is pending – Use of same trade marks by the defendant – Defendant remaining ex parte – Defendant has stopped sale of Sacro HP capsule and dry syrup January 12, 2020 Indian IPR
Passing Off Infringement of trade mark – Copyright – Passing off – Jurisdiction – Infringement of the registered trade mark “CRAZY ROMEO” – January 12, 2020January 12, 2020 Indian IPR
Passing Off HELD 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’. December 24, 2019 Indian IPR
Passing Off “CASH FOR GOLD”, “WE BUY GOLD” and “GOLD BUYERS” of the Plaintiff against registered mark “24 Karat Cash for Gold”, “Sona Do Paise Lo”, “24 Karat Cash for Gold”, “Cash for Gold” and “We buy Gold, Silver, Diamonds.” November 29, 2019 Indian IPR
