Bench:S.N. Kapoor
9 IP cases indexed. Covers patent, design matters.
Cases Presided Over
9 cases indexed | Page 1 of 1
Kewal Krishan Kumar v.Rudi Roller Flour Mills (P) Ltd.
The Delhi High Court dismissed an appeal filed by Kewal Krishan Kumar against the registration of the trademark 'Shiv Shakti' by Rudi Roller Flour Mills. The court found that despite some phonetic similarity, the composite nature of the respondent's mark—including the device of Trishul and Damru—created a sufficient visual and phonetic difference from the petitioner's 'Shakti Bhog'. Furthermore, the court ruled that Section 12(3) (concurrent user provision) was not applicable because the trademarks were not identical.
Paras Traders v.Bharat Industrial Corporation And Anr.
The Delhi High Court dismissed Paras Traders' challenge against the trademark registration of 'Chetak' by Bharat Industrial Corporation. The court found that while both parties operated in Class 16, the respondent had established a bona fide use of the distinct mark ('Chetak' with star and monogram BIC) for ink and gum paste over many years. Crucially, the court held that despite belonging to the same class, the goods were sufficiently different (exercise books vs. ink/gum paste), thus preventing a finding of deception or confusion under Section 12(1).
Hello Mineral Water Pvt. Ltd. v.Thermoking California Pure
The petitioner claimed that the respondent was infringing their registered design for water coolers. The defendant argued that the design lacked novelty as it was prevalent globally and that damages would be a sufficient remedy, thus opposing the injunction. The court allowed the use of the cylindrical shape but imposed strict conditions on the defendant to prevent consumer confusion.
P.L. Lamba & Ors. v.Avtar Kishan Ghai & Ors.
The Delhi High Court allowed an application seeking the substitution of trademark proprietors in a passing off and infringement suit concerning the mark 'KWALITY'. The court clarified that while pending rectification proceedings could be raised by defendants, they would not automatically bar the substitution itself. Furthermore, the court permitted the impleadment of the licensed user, M/s. Brooke Bond Lipton India Ltd., under Order I Rule X CPC, recognizing their accruing rights during the suit's pendency. This decision allows the litigation to proceed with updated parties while preserving the defendants' right to raise objections regarding trademark trafficking.
Metro Plastic Industries (Regd.) v.M/S. Galaxy Footwear
Metro Plastic Industries filed a suit against M/S. Galaxy Footwear seeking permanent injunction for infringement of its registered footwear design 'Scandal' (No. 169611) and action in passing off. The plaintiff claimed exclusive rights over the distinctive shape and pattern of the product. However, the court noted that the design was prior published by a sister concern of the plaintiff, raising serious doubts about its originality and novelty.
Kedar Nath Gupta v.J.K. Organisation
The Delhi High Court allowed Kedar Nath Gupta's appeal against the rejection of his trademark registration for 'JAY KAY.' Despite opposition from J.K. Organisation, the court recognized Gupta's established use and proprietary rights in the mark. The judgment directs the Registrar to register the trade mark, but limits its scope specifically to locks and certain states (Uttar Pradesh, Andhra Pradesh, Tamil Nadu, and Mysore).
Kedar Nath Gupta v.J.K. Organisation
The Delhi High Court allowed Kedar Nath Gupta's appeal against the rejection of his trademark registration for 'JAY KAY.' Despite opposition from J.K. Organisation, the court recognized Gupta's established use and proprietary rights in the mark. The judgment directs the Registrar to register the trade mark, but limits its scope specifically to locks and certain states (Uttar Pradesh, Andhra Pradesh, Tamil Nadu, and Mysore).
S. Mehar Singh (Motion Levers India) v.Madan Lal Gupta & Co.
This Delhi High Court judgment addresses an appeal challenging the refusal to register the trade mark 'MLI' for sewing machine parts. The court examined whether the applicant could secure protection under Section 12(3) based on honest concurrent use, despite the existence of a prior registered mark 'ML' held by the respondents. Ultimately, the court dismissed the appeal, finding that the appellant failed to provide sufficient documentary evidence regarding sales and advertising expenditure before the opposition was filed, thereby negating claims of acquiescence or estoppel.
Brij Mohan Lal Garg v.Madan Mohan Lal Gars And Anr.
This Delhi High Court judgment addressed a dispute over the scope of trademark registration for the name 'Shankar,' originally used by a dissolved partnership firm. The court upheld the decision of the Assistant Registrar, confirming that Brij Mohan Lal Garg was entitled to register the mark only in respect of 'Sugarcane Crushers.' This limitation was based on the terms of the Dissolution Deed and the lack of evidence demonstrating distinctiveness for the other goods (Centrifugal Sugar Machines and Persian Wheels).
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