Rspl Limited v. Agarwal Home Products & Anr.

Dr. Reckeweg And Co. Gmbh Through ...vsMr. S.M. Sharma Managing Director ...

Dr. Reckeweg And Co. Gmbh sought an injunction against Mr. S.M. Sharma for allegedly infringing their copyrights related to homeopathic medicines. The core dispute centered on the Defendants' use of the alphanumeric series L-1 to L-75, which was identical in description and formulation to the Plaintiffs' copyrighted R-series products. The court found that despite minor changes in the catalogue, the cumulative evidence demonstrated a clear attempt by the Defendants to pass off their medicines as those of the Plaintiffs.

Irish Distillers International LimitedvsStardford Spirits Pvt Ltd & Anr.

The Delhi High Court granted a rectification petition filed by Irish Distillers International Limited, leading to the cancellation of the 'BLUE SPOT' trademark registration held by Stardford Spirits Pvt Ltd. The court found that the respondent had failed to demonstrate bona fide use of the mark for over five years from its grant date. Given the lack of market presence and unrebutted evidence of non-use, the court ruled in favor of the petitioner, reinforcing the statutory grounds for trademark removal.

Frenway Products Inc.vsThe Assistant Registrar of Trademarks

The Madras High Court overturned a refusal of trademark registration granted by the Assistant Registrar. Frenway Products Inc., seeking to register a device mark for handtools, challenged the objections raised under Sections 9 (lack of distinctiveness) and 11 (likelihood of confusion). The court found the Section 9 objection untenable, noting the mark was not generic or descriptive. Furthermore, it noted that the cited conflicting mark had lapsed, allowing the application to proceed to advertisement.

Sujatha RajkumarvsThe Registrar of Trade Marks

Sujatha Rajkumar filed a Writ Petition seeking judicial intervention against the Registrar of Trade Marks for the undue delay in processing an application related to the assignment of her trademark 'VELVETTE'. The petitioner sought recognition of the subsequent proprietor based on an Assignment Deed. While the court did not rule on the merits of the assignment, it issued a binding direction to the Respondent to dispose of the pending application within six weeks, treating the counsel's assurance as a formal undertaking.

Ashique Exports (P) LtdvsThe Registrar Of Trade Marks

The Madras High Court ruled in favor of Ashique Exports, setting aside an adverse abandonment order passed by the Registrar of Trade Marks. The petitioner argued that they were never properly served with the Notice of Opposition regarding their 'Vi-Wash' trademark application. The court found that since the official records lacked reference to the petitioner's registered email ID, the statutory requirement for deemed service under Section 21(2) of the Trade Marks Act was not met. Consequently, the case has been restored for a fresh hearing after proper notice is issued.