IP Cases — 1959
2 decisions across all jurisdictions
Page 1 of 1 · 2 total
T.I. Muhammad Zumoon Sahib v.Fathimunnissa Alias Bibijan And Ors.
The plaintiffs, heirs of the original registered proprietor, sued for an injunction against the defendant for infringing the trade mark '708 Yoonus Beedi'. The core legal dispute was whether the heirs could bring the suit without formally registering their title under Section 35 of the Trade Marks Act, 1940. The court held that the exclusive right devolves upon death and is inheritable, making the suit maintainable even before formal registration.
Corn Products Refining Co. v.Shangrila Food Products Ltd.
The Supreme Court of India addressed a trademark opposition case concerning the marks 'Glucovita' and 'Gluvita'. The court ultimately ruled in favor of the appellant, Corn Products Refining Co., finding that despite minor differences between the goods (powder vs. liquid glucose), the similarity of the marks combined with the established trade connection made confusion highly likely. This decision reinforced the principle that reputation among the general public, not just tradespeople, is a critical factor in trademark infringement analysis.
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