IP Cases — 1993
7 decisions across all jurisdictions
Page 1 of 1 · 7 total
Kabushiki Kaiha Toshiba (Toshiba) v.Toshbia Appliances Co.
This Calcutta High Court appeal addressed a challenge to the rectification of the 'TOSHIBA' trademark registration in Class 7. The core dispute centered on whether the respondent had the requisite locus standi to seek removal of the mark based on non-use, given that they had never manufactured or sold washing machines or spin dryers. While the court acknowledged issues regarding the application of Section 46(1)(a) versus other sections, it ultimately dismissed the appeal after the respondent conceded that the rectification should be limited only to the two specific goods in question.
Dhinamalar v.Daily Thanthi
Dhinamalar, a major Tamil daily, sued Daily Thanthi for infringing its mark and passing off its children's magazine supplement, 'Siruvar Malar'. The dispute centered on whether the use of this name by the competitor constituted an exclusive proprietary right or merely a common descriptive term.
M/S. J.N. Nichols (Vimto) Limited v.Rose & Thistle And Another
This Calcutta High Court judgment addressed an application to remove a registered trademark based on non-use. The core issue was whether 'special circumstances in the trade' could excuse the proprietor from meeting the statutory requirement of continuous use for five years or more. The court ultimately found that the existence of a similar product (Vimto) being sold despite import restrictions negated the claim of special circumstances, leading to the dismissal of the appeal.
Assistant Commissioner Of Income-Tax v.Chittaranjan Datta
The dispute concerned whether payments received by Chittaranjan Datta for assigning his copyright and goodwill in a book were taxable as income. The assessee claimed they were non-taxable capital receipts, while the Income Tax Officer argued they were part of his professional income. The Tribunal confirmed the CIT (Appeals) order.
Monika Chawla v.National Trading Company
Monika Chawla, as sole proprietor of Kiddie Kraft, filed a suit for permanent injunction against National Trading Company for passing off and pirating her design of baby bouncer. The defendant challenged the existing interim injunction by claiming prior use and superior rights through assignment/registration.
Sushil Vasudev v.Kwality Frozen Foods Pvt. Ltd.
The plaintiff, operating under the trade name and trademark 'Kwality Ice-Cream Company', filed a suit for passing off against Kwality Frozen Foods Pvt. Ltd., who was using the similar mark. The appeal challenged the lower court's order vacating the temporary injunction. The High Court found that the plaintiff had established a prima facie right to goodwill, and granted an interim injunction.
M/S. Laxmi Video Theaters And Others v.State Of Haryana And Others
The appeal challenged whether video parlors operating in Haryana using VCRs to show pre-recorded cinematograph films were covered by the Cinematograph Act, 1952. The Supreme Court affirmed that since 'cinematograph' includes any apparatus for the representation of running pictures, the VCR falls within this definition.
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.