Year

IP Cases — 1985

8 decisions across all jurisdictions

By jurisdiction: India 8 European UPC 0 US PTAB 0
By type: trademark 4 design 3 patent 1

Page 1 of 1 · 8 total

trademark plaintiff favorable · Oct 16, 1985

Progro Pharmaceuticals (P) Ltd. v.Deputy Registrar Of Trade Marks, Madras

Madras High Court · null

Progro Pharmaceuticals filed a writ petition challenging the rejection of its counter-statement against an opposition to the trade mark 'Helmizol'. The rejection was based on the argument that S. 21(2) is mandatory and does not allow for discretion to condone the one-month delay. The court ruled in favor of the petitioner, holding that where no outer limit is prescribed under S. 21(2), the Registrar can extend time under S. 101(l).

design plaintiff favorable · Feb 15, 1985

Tobu Enterprises (P) Ltd. v.Joginder Metal Works And Anr.

Delhi High Court

The plaintiff sued for permanent injunction against infringement of two registered designs (mini bike tricycle) and for rendition of accounts. The defendants challenged the court's jurisdiction to grant relief outside the scope of the Designs Act, particularly regarding accounts and passing off. The court held that it has jurisdiction and the suit is maintainable.

design settled · Aug 2, 1985

Tata Oil Mills Co. Ltd. v.Lokenath Chemical Works

Calcutta High Court

Tata Oil Mills Co. Ltd. filed a suit seeking an injunction against Lokenath Chemical Works for infringing its registered bottle/container design (No. 94985). After negotiations, the parties reached a settlement agreement which was accepted by the plaintiff in toto. The court held that this acceptance created a binding contract.

trademark plaintiff favorable · Sep 30, 1985

American Home Products Corporation v.Mac Laboratories Private Limited And Anr.

Supreme Court of India · Appeal No. 165 of 1968

American Home Products Corporation (Appellant) sought to protect its registered trade mark 'Dristan'. Mac Laboratories Private Limited (Respondent) challenged the registration, leading to appeals regarding the validity and rectification of the trademark.

design plaintiff favorable · Sep 20, 1985

Ravinder Kumar Gupta v.Ravi Raj Gupta And Ors.

Delhi High Court · Suit No. 1707 of 1983 (Transferred)

Ravinder Kumar Gupta filed a petition seeking cancellation of Design No. 150873, which was registered by Ravi Raj Gupta for glass tiles. The petitioner argued that the design lacked novelty and had been published prior to registration. The court examined whether the change from sharp corners to rounded corners constituted an original or inventive design.

patent mixed · Jul 15, 1985

Quality Chef Agro Foods Pvt.Ltd. v.Ranjith Agro Foods & Ors.

Madras High Court · Civil Suit (Comm.Div.) No. 286 of 2018

This Madras High Court case involves a dispute over the trademark 'ROYALCHEF' used for exporting rice and food products from India to Qatar. The plaintiffs allege that the defendants are infringing their exclusive rights through passing off and unfair competition by using an identical or deceptively similar mark. The suit seeks a permanent injunction, destruction of offending goods, payment of profits, and substantial damages. The court has proceeded with the trial, examining evidence and documents related to trademark usage and alleged infringement.

trademark settled · Jan 31, 1985

Sandoz Limited And Anr. v.Pharmaceutical And Chemical ...

Delhi High Court · 28(1985)DLT222

The plaintiffs, holding the registered trademark 'Syntocinon', filed a suit against defendants marketing 'Synthocilin' due to alleged deceptive similarity. The trial court declined an interim injunction, leading to this appeal. The High Court considered the prior finding of deceptive similarity but opted for settlement rather than granting immediate restraint.

trademark plaintiff favorable · Jun 19, 1985

K.G. Khosla Compressors Ltd. v.Khosla Extrakting Ltd. And Ors.

Delhi High Court · null

The plaintiff, K.G. Khosla Compressors Ltd., a pioneer in the air compressors industry, filed a suit against defendants for using the name 'M/s Khosla Extraktions Ltd.' The plaintiff argued that its name and family goodwill ('Khosla') are strongly associated with its group of companies in the capital market, and the defendant was attempting to cash on this reputation through deception.

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