Bench:Anil Kshetarpal
5 IP cases indexed. Covers patent matters.
Cases Presided Over
5 cases indexed | Page 1 of 1
M/s Vets Farma Ltd. v.Vest Pharma Pvt. Ltd.
The Punjab-Haryana High Court dismissed the review application filed by M/s Vets Farma Ltd. The court clarified that while statutory provisions may restrict registration until a competent court determines rights, this does not bar the Civil Court from admitting assignment deeds into evidence to examine their validity and enforceability during litigation. The judgment underscores the plenary jurisdiction of civil courts in resolving complex trademark disputes involving assignments.
M/s Vets Farma Ltd. v.Vest Pharma Pvt. Ltd.
The Punjab-Haryana High Court dismissed the review application filed by M/s Vets Farma Ltd. The court clarified that while statutory provisions may restrict registration until a competent court determines rights, this does not bar the Civil Court from admitting assignment deeds into evidence to examine their validity and enforceability during litigation. The judgment underscores the plenary jurisdiction of civil courts in resolving complex trademark disputes involving assignments.
M/S Oswal Premium Silk Mills Ltd & Ors v.Swadesh Raiment Pvt Ltd
The Punjab-Haryana High Court dismissed the appeal filed by M/S Oswal Premium Silk Mills Ltd, upholding the trial court's decision regarding the usage of the trademark 'OSWAL'. The dispute centered on whether the appellants had the right to continue using the mark after a specific period. The court found that the defendant's claim based on the deed of assignment (valid for 15 years) was valid and the memorandum of understanding did not override this limitation, thus favoring the respondent.
Shyam Sunder v.Pushpa Devi And Ors.
The Punjab-Haryana High Court addressed a complex dispute over the usage rights of the registered trademark 'Shehnai' for edible oils. The appeal, filed by Shyam Sunder (the defendant), challenged the lower court's decision which granted co-usage rights to the plaintiffs (Pushpa Devi and Ors.). After examining evidence regarding prior use, partnership history, and consumer perception, the High Court dismissed the appeal. It ultimately found that both parties had established usage rights, thereby upholding the principle of shared or concurrent trademark use in this specific context.
Surbhi Tangri v.Nishant Goel
The Punjab-Haryana High Court allowed Surbhi Tangri's appeal, setting aside a lower court order that had dismissed her application for an injunction. The court found that the defendant's use of 'DECORALLEY' was deceptively similar to the petitioner's registered trademark, 'The Décor Alley'. Despite arguments regarding different mark types (word vs. device) and business models, the High Court emphasized the common law principle of passing off, ruling that a common man would be deceived by the similarity.
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