IP Cases — 1988
8 decisions across all jurisdictions
Page 1 of 1 · 8 total
R. Kannan And Others v.Indchem Electronics Ltd.
The dispute involved allegations that the respondent company pirated technical know-how, designs, and bill of materials related to computer peripherals (Alpha Numeric Terminals, Colour Graphic Terminals) developed by the plaintiff. The court considered an appeal against a preliminary order which suspended an interim injunction, allowing manufacturing but prohibiting marketing until expert opinion was obtained. The High Court ultimately dismissed the appeal, holding that the interim order did not meet the definition of a 'judgment' under Clause 15.
Pillaiyar Soda Factory v.Union Of India And Ors.
Six proprietary concerns manufacturing and selling aerated waters challenged the Collector of Central Excise's order which denied them tax exemptions due to the alleged use of common or closely similar trade marks, specifically 'Sri Ganesh'. The petitioners argued that they were independent entities with distinct brand names. The Madras High Court allowed the writ petitions, quashing the impugned order.
Express Bottlers Services Private Ltd. v.Pepsico Inc. And Ors.
This Calcutta High Court case addressed an application to remove the marks 'Pepsi' and 'Pepsi Cola' from the register based on non-use under Section 46 of the Trade & Merchandise Marks Act, 1958. The petitioner argued that Pepsico Inc. had failed to use its trademarks for a continuous period of five years or more. However, the court ruled in favor of Pepsico, finding that due to severe government import restrictions and trade policies, the non-use was not intentional abandonment but rather a result of special circumstances. The court concluded that Pepsico maintained goodwill and reputation by using the marks in limited markets like bonded warehouses and embassies.
Exxon Corporation v.Exxon Packing Systems Pvt. Ltd.
The dispute arose from applications filed under Section 120 of the Trade and Merchandise Marks Act, 1958, concerning the trade mark 'Exxon'. The appellant (Exxon Corporation) sought injunctions against the respondent (Exxon Packing Systems Pvt. Ltd.) for claiming exclusive rights and threatening their business. The court addressed issues regarding jurisdiction, the scope of threats, and document relevancy.
Capital Plastic Industries v.Kappy Plastic Industries
The Delhi High Court dismissed the plaintiff's application for an interim injunction, finding that Capital Plastic Industries failed to establish a prima facie case of passing off. The court noted that while the plaintiff claimed goodwill in 'Rabber,' evidence showed they discontinued using this mark after September 1985 and started using 'Rahber.' Furthermore, the defendant presented registration documents showing 'Rahber' was already registered by a third party (Plasticrafters Limited). Consequently, the court held that neither party could claim exclusive rights over the mark in question.
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.
M/S P.M. Diesels P. Ltd. v.M/S Thukral Mechanical Works & Ors.
In a complex 40-year dispute over the 'FIELDMARSHAL' trademark, the Delhi High Court ruled in favor of M/S P.M. Diesels Pvt. Ltd. The court set aside previous orders from the IPAB that had rejected P.M. Diesels' applications and cancelled a key registration held by Thukral Mechanical Works. This landmark decision allows P.M. Diesels to proceed with registering its mark, effectively resolving a long-standing conflict over brand ownership in the diesel engine sector.
The Proctor And Gamble Company v.Christian Hoden (India) Private Ltd.
The Proctor And Gamble Company filed a suit alleging infringement of its copyrighted package design and passing off related to the trademark 'Always', used for sanitary napkins. The defendants countered by asserting their established goodwill under the 'Comfit' brand and arguing that P&G lacked any reputation in India, especially since their products had not entered the Indian market. The Madras High Court upheld the lower court's decision, dismissing P&G's appeals.
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