Year

IP Cases — 1975

7 decisions across all jurisdictions

By jurisdiction: India 7 European UPC 0 US PTAB 0
By type: trademark 4 patent 2 copyright 1

Page 1 of 1 · 7 total

patent defendant favorable · May 28, 1975

Ram Narain Kher v.Ambassador Industries New Delhi And ...

Delhi High Court · null

The plaintiff sought an ad interim injunction against the defendants for allegedly infringing his patent related to air coolers. The defendants contested the application by challenging the validity of the patent, arguing that it lacked novelty and was not adequately described in the claims. The court ultimately vacated the temporary injunction due to the dispute over the patent's validity.

trademark plaintiff favorable · Mar 7, 1975

Khemraj Shrikrishandas v.Garg & Co.

Delhi High Court

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.

trademark defendant favorable · Mar 21, 1975

M/S. Sable Waghire & Co. & Others v.Union Of India & Others

Supreme Court of India · Writ Petition No. 37 of 1970 (and Writ Petition No. 38 of 1970)

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.

trademark plaintiff favorable · Apr 29, 1975

Jagan Nath Prem Nath v.Bhartiya Dhoop Karyalaya

Delhi High Court · AIR1975DELHI149

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.

patent plaintiff favorable · May 23, 1975

Rawal Industries P. Ltd. v.Duke Enterprise

Delhi High Court · 1975RLR440

Rawal Industries successfully sought a temporary injunction against Duke Enterprise for using the confusingly similar trade mark 'DUKE' on insulated automobile cables. The court found that despite the goods being different, there was a sufficient trade connection between the plaintiffs' automobile parts and the defendants' cables. Given the close resemblance of the marks and the likelihood of consumer confusion, the court granted the injunction to protect Rawal Industries' goodwill during the pendency of the suit.

trademark plaintiff favorable · Oct 28, 1975

L.D. Malhotra Industries v.Ropi Industries

Delhi High Court · C.M. (Main) 67 of 1974; FAO 113 of 1975

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.

copyright defendant favorable · Feb 6, 1975

Deepak Printery v.The Forward Stationary Mart And Ors.

Gujarat High Court · null

Deepak Printery filed a suit claiming copyright infringement over its calendar date-pads (Dattas) against The Forward Stationary Mart. The court examined whether the complex design, which includes specific artistic elements and layout, met the criteria for an 'artistic work' under the Copyright Act 1957. Ultimately, the appeal was dismissed.

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