IP Cases — 1989
4 decisions across all jurisdictions
Page 1 of 1 · 4 total
Exite Laboratories v.A.A. Products (India) And Ors.
The Delhi High Court granted a temporary injunction in favor of Exite Laboratories against A.A. Products, finding that the defendant's use of the trade mark 'EXIDE' was likely to cause confusion and constitute passing off against the plaintiff's established mark 'EXITE'. The court emphasized that prior use and acquired goodwill are critical factors in such disputes, even if the marks are not formally registered. This ruling protects established market reputation from deceptive imitation.
Bansal Plastic Industries v.Neeraj Toys Industries And Anr.
Bansal Plastic Industries filed an application seeking a temporary injunction against Neeraj Toys Industries and others for infringing its registered design of a 'Toy Horse'. The plaintiff claimed the defendant's design was identical/similar. However, the court found no justification for granting the injunction, noting differences in the shape and configuration of the horse's head.
Thomson Brandt v.The Controller Of Patents And Designs
Thomson Brandt appealed the rejection of its patent application (No. 342/Del/SO) for a process involving pacifying a gaseous medium using a boron pacifying aerosol. The appellant argued that the Controller misdirected himself by failing to consider Section 5 of the Patents Act, 1970, and incorrectly assumed that only processes resulting in tangible products could be patented.
Collector Of C. Ex. v.Bengal Chemicals And Pharmaceuticals
The dispute concerned whether medicines manufactured by Bengal Chemicals And Pharmaceuticals, which bore the registered trade mark 'Bengal Chemicals' on their caps, should be classified as 'Patent or Proprietary Medicines' under the Central Excises and Salt Act, 1944. The Tribunal held that merely having a registered trademark is not sufficient; the mark must indicate a proprietary interest in the medicine, especially when the medicines are already specified in pharmacopoeia.
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