Other — India Trademark Cases
231 decisions indexed
Page 8 of 8 · 231 total
National Institute Of Human Resources Development v.Indian Institute Of Human Resources
The plaintiff, National Institute of Human Resources Development, sued the respondent, Indian Institute of Human Resources, alleging that the latter fraudulently adopted its strikingly similar trade name and copied its activities to pass off its institute as belonging to the plaintiff. The court found that the respondent infringed the trade name and goodwill of the applicant due to the similarity in names and courses offered.
Radhakishan Narayandas (Partnership ...) v.Manmohan Garg
The plaintiff sued the defendant for infringement and passing off regarding the trade mark 'Khargosh Chhap' used on bidis. The court found that while the plaintiff failed to prove substantial loss of business in the local area (Vidisha), the defendant was persistently infringing the plaintiff's valid registered trade mark, leading to a decree in favor of the plaintiff.
Vishnudas Trading As Vishnudas v.The Vazir Sultan Tobacco Company
The appellant sought rectification of the respondent's trade mark registrations (9951 and 170427) on the grounds of non-use, arguing that the marks should only cover 'manufactured tobacco' other than their products ('Quiwam' and 'Zarda'). The court dismissed the appeals, holding that since cigarettes fall under the general description 'manufactured tobacco,' the registration could not be deemed illegal or improper.
Avis International Ltd. v.Avi Footwear Industries And Anr.
The plaintiffs sought an injunction restraining the defendants from using the confusingly similar trade mark 'Aevis' for shoes, citing their registered mark 'A.VIS'. The defendants challenged this injunction by filing an application for rectification based on alleged non-use of the mark for five years. The court confirmed the injunction, holding that statutory registration provides prima facie protection and should take precedence over pending rectification proceedings at the interlocutory stage.
M/S. Avis International Ltd. v.M/S. Avi Footwear Industries And ...
The plaintiffs, owners of the registered trademark AVIS, sought an injunction against the defendants for using the confusingly similar mark AEVIS on footwear. The defendants opposed this by filing a rectification application claiming non-use of the mark for five years. The court confirmed the injunction, holding that registration establishes a prima facie case and the balance of convenience favored the plaintiffs.
Lakshmi Pvc Products Pvt. Ltd. v.Lakshmi Polymers
The plaintiff filed an application seeking an interim injunction to restrain the respondent from issuing circulars or notices threatening legal action for passing off. The dispute centered on the use of the trade mark 'Lakshmi' for PVC pipe fittings by both parties, with the defendant claiming prior use and having applied for registration.
K.R. Jadayappa Mudaliar And Ors. v.K.B. Venkatachalam And Anr.
The appeal challenged a restraining order preventing defendants from manufacturing and selling matches using similar trademarks. The plaintiffs claimed infringement and passing off of their registered trademark 'National Park'. However, the court found prima facie evidence that the plaintiffs were trafficking in their trade mark and lacked proof of continuous business, thus setting aside the injunction.
The Singer Company And Anr. v.Union Of India (Uoi) And Ors.
The petitioners, owners of trade marks featuring "Singer", challenged letters issued by the Central Government that refused their applications to extend the period of use under Section 49(3) of the Trade Marks Act. The court held that since the refusal letters did not state specific reasons or consider the petitioners' contentions, they were not 'speaking orders'.
Desu Venkata Subba Rao v.Wealth-Tax Officer
The assessee challenged the inclusion of the value of his registered trade mark 'Triveni' in his net wealth computation under wealth tax laws. The Tribunal ultimately allowed the appeal, ruling that while a trade mark is an asset, its valuation should not be included in the global assessment unless specific statutory requirements are met or if it was purchased as part of goodwill.
Victory Transport Co. Pvt. Ltd. v.The District Judge, Ghaziabad And Ors.
The petitioner, Victory Transport Co. Pvt. Ltd., filed a suit seeking permanent and temporary injunction against defendants for using a deceptively identical trade name ('Victory Goods Transport Company'). The courts below dismissed the application for temporary injunction, finding that the plaintiff failed to prove a prima facie case or establish balance of convenience. The High Court upheld this decision.
L.D. Malhotra Industries v.Ropi Industries
The dispute involved two industries manufacturing dress hooks, Ropi Industries (prior user) and L.D. Malhotra Industries (earlier registrant). After Ropis successfully obtained the rectification of Malhotras' mark, Malhotras appealed to the Delhi High Court. The court ultimately allowed the appeal but granted an injunction in favor of Ropis.
Jagan Nath Prem Nath v.Bhartiya Dhoop Karyalaya
The appeal concerned a suit for permanent injunction filed by Jagan Nath Prem Nath against Bhartiya Dhoop Karyalaya alleging infringement and passing off regarding his registered trade mark for agarbatis. The single judge had vacated an interim ex parte injunction, holding that the numerals 555 were not distinctive features of the appellant's mark. The High Court confirmed the interim injunction, finding that the numerals '555' had acquired a distinctive meaning in the trade and the respondent's use was prima facie infringing.
M/S. Sable Waghire & Co. & Others v.Union Of India & Others
The petitioners, owners of registered trademarks for 'Chhatrapati Shivaji Bidi', challenged the constitutional validity of the Emblems and Names (Prevention of Improper Use) Act, 1950. The government argued that the act was necessary to regulate the improper use of national emblems. The Supreme Court upheld the constitutionality of the Act and its provisions.
Khemraj Shrikrishandas v.Garg & Co.
The plaintiffs, publishers of 'Pt. Shrivallabh Maniram Panchang' since 1894 A.D., filed a suit alleging that the defendants were passing off their goods by printing and selling deceptively similar almanacs. The appeal was heard regarding the refusal of an ad interim injunction by the lower court. The High Court reversed the order, granting the injunction based on the principles of passing off.
Madan Mohan Lal Garg v.Brijmohanlal Garg
The appellant challenged the Assistant Registrar's decision regarding an amendment to a trade mark application ('SHANKER') filed by the dissolved firm Meerut Engineering Works. The appellant sought judicial determination of rights before the registration process could proceed, but his applications were rejected as incompetent under Section 44. This appeal was ultimately dismissed.
Metro Playing Card Co. v.Wazir Chand Kapoor
The dispute arose when the respondent, who held a registered trademark (tractor device and word 'tractor') for playing cards, sued the appellant for infringing this mark. The appellant argued that its own application for the 'Ferguson' trade mark was accepted for registration and that there was no infringement. The court found prima facie evidence of infringement.
The Andhra Perfumery Works Joint Family v.Karupakula Suryanarayaniah And Ors.
The appeals challenged the registration of the 'Ganesh Durbar Bathi' trade mark for Agarbathis. The appellant argued that the word 'GANESH' was common in the trade and had lost distinctiveness, making it publici juris. The court examined evidence regarding the respondent's knowledge and acquiescence.
Registrar Of Trade Marks And Anr. v.Kumar Ranjan Sen And Ors.
The dispute concerned the validity and cancellation of a trade mark registration ('A. P. C.') which was granted while a notice of opposition was pending. The lower court allowed an appeal against the cancellation order, arguing that the Deputy Registrar lacked jurisdiction. The High Court ultimately ruled that the Deputy Registrar had ample jurisdiction to cancel the registration.
Tropical Accumulators Ltd. v.Manash Ranjan Chakravarty
The dispute concerned whether Tropical Accumulators Ltd. (the plaintiff) could enforce its claim over the trade mark "Sakti" in a subordinate court, specifically regarding its status as a registered user versus the proprietor. The Calcutta High Court held that since the suit related to rights in a trade mark, it was incompetent to be filed in a court inferior to a District Court.
Tapton Tea Company v.The Liptons Ltd.
The Tapton Tea Company appealed the Deputy Registrar of Trade Marks at Bombay's refusal to register the trade mark 'Tapton Tea', which was opposed by Lipton Limited. The court examined whether the Punjab-Haryana High Court had jurisdiction to hear this appeal, given that the firm was located in Amritsar.
India Electric Works Ltd. v.Registrar Of Trade Marks
India Electric Works Ltd. appealed against the dismissal of its appeal (which itself was an appeal against the Registrar's refusal) regarding the registration of the word "India" as a trade mark for an electric fan. The court ultimately held that the appeal was incompetent because the single judge did not exercise jurisdiction in a manner contemplated by the Letters Patent.
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