K.S. Radhakrishnan
5 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
5 cases indexed | Page 1 of 1
Lakha Ram Sharma v.Balar Marketing Private Limited & Ors.
The Supreme Court of India overturned the Intellectual Property Appellate Board's (IPAB) decision that dismissed a trade mark rectification petition due to delay. The appellant, who had been using the 'Kundan' mark since 1980, argued that his efforts to challenge the registration were timely, despite initial jurisdictional issues in the Delhi High Court. The Supreme Court ruled that procedural delays caused by lack of jurisdiction should not prejudice a bona fide applicant seeking to protect their established rights, remanding the case for fresh consideration on merits.
Satnam Overseas v.Sant Ram & Co.& Anr.
The Supreme Court upheld a Delhi High Court order that allowed the respondent to use the 'KOHINOOR' trademark across the entire state of Uttar Pradesh, despite the appellant's attempt to have the registration rectified due to alleged non-use. The court found no error in extending the geographical scope, noting that restricting usage to specific cities would create undue commercial and legal complications for the user. This judgment reinforces the principle that practical trade realities can override strict geographical limitations in trademark rights.
Cipla Ltd. v.Union Of India and Others
Cipla Ltd. challenged the grant of Patent No. 209251 by filing an application for revocation. The Controller subsequently revoked the patent based on the Opposition Board's recommendation. The Supreme Court set aside the Controller's order, finding that it violated the principle of natural justice because the parties were not provided with a copy of the Opposition Board's report.
threenproducts pvt ltd v.amrutha trading corporation
Three-N-Products Pvt. Ltd. (Appellant) sued Amrutha Trading Corporation and Ors. (Respondents) alleging trademark infringement of their 'AYUR' mark used on cosmetic products, claiming the Respondents’ use of ‘AYUSH’ created consumer confusion and passed off goods deceptively similar to Appellant’s. Hindustan Lever Limited was also involved as a significant entity in the Respondent's business.
Eby J. Jose v.Union Of India (Uoi) And Ors.
The petitioner raised concerns about the lack of public awareness regarding the proper use and misuse of the Indian National Flag. The court discussed various provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950, and the Flag Code.
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