IP Cases — 1968
4 decisions across all jurisdictions
Page 1 of 1 · 4 total
Wearwell Cycle Co. (India) Limited v.Wearwell Industries And Anr.
The Delhi High Court ruled in favor of Wearwell Cycle Co. (India) Limited, granting a temporary injunction against Wearwell Industries and Anr. The court found that the defendant's use of the 'Wearwell' trademark on their cycles was likely to mislead the public into believing they were associated with the plaintiff. Despite the defendants claiming rights based on an agreement with the original English company, the court held that the plaintiff had established sufficient reputation and goodwill in India, making the defendant's continued use of the mark a tort of passing off.
Prem N. Mayor And Ors. v.Registrar Of Trade Marks And Ors.
This Calcutta High Court judgment addresses an appeal challenging the refusal of a trade mark registration. The appellant, holding the 'Lion Brand,' opposed the registration of 'Ma Durga Brand.' The court ultimately upheld the rejection, finding that despite both marks featuring a lion, the overall visual and conceptual differences—particularly the dominance of the goddess figure in the respondent's mark—prevented a likelihood of confusion or deception under Section 12(1) of the Trade and Merchandise Marks Act, 1958.
Farbewerke Hoechst v.Unichem Laboratories And Ors.
Farbewerke Hoechst sued Unichem Laboratories for infringing Patent No. 58716, which covered the manufacture of sulphonyl-ureas like Tolbutamide (marketed as Rastinon). The defendants claimed non-infringement and challenged the validity of the patent. The court found that the plaintiffs' patent was valid and granted an injunction against the defendants.
Mac Laboratories Private Ltd. v.American Home Products Corporation And Registrar of Trade Marks
In this 1968 Calcutta High Court appeal, Mac Laboratories Private Ltd. successfully challenged the registration of the trademark 'Dristan' belonging to American Home Products Corporation. The court ruled that the original registration was contrary to law because there was no bona fide intention by the proprietor to use the mark in India. Furthermore, the appellant argued grounds including lack of distinctiveness and deceptive similarity to other marks, ultimately leading the court to allow the appeal and rectify the register.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.