Bench:Pankaj Mithal
3 IP cases indexed. Covers copyright, trademark, patent matters.
Cases Presided Over
3 cases indexed | Page 1 of 1
Lin-O-Matic Graphic Industries v.Trulines Technologies
Lin-O-Matic Graphic Industries filed a complaint alleging copyright infringement of its drawing of a book binding machine. The appeal challenged the High Court's order which, while not setting aside the initial expert report, directed the Investigating Officer to obtain an additional expert opinion. The Supreme Court set aside this direction, finding it would cause confusion and prejudice.
M/S Jai Hind Chemicals And Another v.Union Of India And 2 Others
The Allahabad High Court addressed a writ petition filed by M/S Jai Hind Chemicals seeking an early decision on an application to rectify a trademark registration. The petitioners alleged that the respondent's registered trademark was similar to their trade name, necessitating rectification. However, after considering arguments from both sides, the court concluded that the Trademark Registry (Respondent No. 2) was actively processing the matter and not deliberately delaying it. Consequently, the High Court disposed of the writ petition while urging the Registry to expedite its decision.
Umesh Kumar Gupta And Another v.M/S Shree Girraj Food Products
The Allahabad High Court dismissed a revision filed by M/S Shree Girraj Food Products, which sought to stay an ongoing trademark infringement suit. The defendants argued that their application for rectification (cancellation) of the plaintiff's 'Chacha Chaudhary' trademark was pending before the Appellate Board. However, the court ruled that Section 124 of the Trade Marks Act is inapplicable because the original suit was not for trademark infringement but rather a suit for injunction based on passing off. Consequently, the stay could not be granted.
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