IP Cases — 2002
44 decisions across all jurisdictions
Page 2 of 2 · 44 total
Raptakos Brett & Co. Ltd. v.Cadila Laboratories Ltd.
Raptakos Brett & Co. Ltd. opposed the trademark application for NEOPLATIN by Cadila Laboratories Ltd., arguing that it was phonetically, visually, and structurally similar to their registered mark NEOPEPTINE. The Tribunal found an apparent conflict between the marks based on overall impression and sustained the opposition.
Ultra Filter (India) Pvt. Ltd. v.Commissioner Of C. Ex.
The appellant company was denied a tax benefit (Notification No. 175/86) because it used the brand name 'Ultra Filter' and affixing 'Ultra Filter Made in India', which the Commissioner argued linked them to M/s Ultra Filter GMBH, Germany, for duty evasion. The Tribunal set aside the order and remanded the matter back to the Adjudicator to determine the ownership of the mark 'ultra filter' before deciding on the tax benefit.
Hindustan Composites Ltd. v.Jasbir Singh Randhawa And Anr.
Hindustan Composites Ltd. filed a petition alleging that Respondent No. 1, an employee, used confidential information and processes to promote and run Respondent No. 2, which manufactured identical products. The court found that Respondent Nos. 1 and 3 committed contempt by continuing production despite prior injunctions, leading to fines and the striking off of their defense in the underlying suit.
Woodlands Travels And Agencies And Anr. v.K. Vasudeva Rao And Anr.
The Madras High Court dismissed an original petition filed by Woodlands Travels And Agencies seeking the rectification of a trademark registration ('WOODY'S'). The petitioner argued that the mark was inherently incapable of registration and lacked distinctiveness. However, the court found sufficient evidence demonstrating that the respondents had been continuously using the mark since the date of application in connection with their restaurant business. Consequently, the court upheld the validity of the existing trademark registration.
Prestige Housewares (India) Limited v.Prestige Estates And Properties And ...
This appeal challenged the revocation of a copyright registration held by Prestige Estates And Properties. The petitioners argued that the respondent infringed their artistic work and trademark 'Prestige,' causing confusion in the market. However, the court found that the parties operated in completely different fields—kitchenware versus real estate—and the adoption was not deceptively similar for the purpose of passing off. Consequently, the appeal seeking revocation was dismissed.
Officine Lovato S.P.A. v.Raajan Automobiles (P) Ltd. And Ors.
The plaintiff, Officine Lovato S.P.A., filed a suit alleging that the defendant, Raajan Automobiles (P) Ltd., was manufacturing and selling an Autogas Conversion Kit that verbatim copied the plaintiff's registered patent and designs, using similar marks. The court found clear infringement of the plaintiff's rights.
Marico Industries Ltd. v.Sarfaraj Trading Company, Hyderabad
Marico Industries Ltd. appealed a single judge's order that refused to allow it to combine its copyright infringement suit with claims for trademark infringement and passing off against Sarfaraj Trading Company. The court examined whether this discretionary refusal was appealable, ultimately adopting the principle that an order putting an end to proceedings constitutes a judgment. Finding that granting leave would prevent multiplicity of litigation, the High Court allowed the appeal, setting aside the single judge's order.
Castrol Limited And Anr. v.Mr. Subhash Kapoor And Anr.
The Delhi High Court ruled in favor of Castrol Limited and its associates, finding that the defendants infringed upon their registered trademarks (Castrol and Indrol) through deceptive similarities. The court emphasized that the combination of similar color schemes, get-up, lay-out, and phonetic similarity created a high risk of consumer confusion. Consequently, the suit for permanent injunction was decreed, protecting the plaintiffs' established goodwill in the market.
Paras Traders v.Bharat Industrial Corporation And Anr.
The Delhi High Court dismissed Paras Traders' challenge against the trademark registration of 'Chetak' by Bharat Industrial Corporation. The court found that while both parties operated in Class 16, the respondent had established a bona fide use of the distinct mark ('Chetak' with star and monogram BIC) for ink and gum paste over many years. Crucially, the court held that despite belonging to the same class, the goods were sufficiently different (exercise books vs. ink/gum paste), thus preventing a finding of deception or confusion under Section 12(1).
Info Edge (India) Pvt. Ltd. v.Shailesh Gupta
The Delhi High Court granted a temporary injunction in favor of Info Edge (NAUKRI.COM) against Shailesh Gupta (JOBSOURCEINDIA.COM). The court recognized that domain names function as trademarks and are entitled to protection. Finding the defendant's use of a similar domain name was deceptive and intended to divert traffic for commercial gain, the court ruled in favor of the plaintiff, emphasizing the need to protect honest internet users from bad faith practices.
Aravind Laboratories v.Arihant Cosmetics
The Madras High Court ruled in favor of Aravind Laboratories, holding that Arihant Cosmetics was guilty of trademark infringement and passing off. The court found that Arihant's use of the deceptively similar mark 'EYE-TOP,' coupled with an identical get-up, color scheme, and packaging design for their kajal product, constituted a clear violation of Aravind's established goodwill associated with its registered trademark 'EYETEX.' Consequently, the court made the interim injunction absolute, preventing Arihant from continuing to market the infringing goods.
Perry Bottling Company v.S.S. Soda & Soft Drinks Company And Ors.
The plaintiff, Perry Bottling Company, filed a suit for injunction alleging that the respondents were deceiving customers by using a copy of their registered trademark on 'Fruit Beer'. The trial court dismissed the injunction application, finding dissimilarity and arguing that 'Fruit Beer' was not exclusively owned. The High Court overturned this decision, holding that phonetic similarity existed and granting an interim injunction.
M/s. ABP Ltd. v.Unknown
M/s. ABP Ltd. applied to register four Bengali font typefaces (Aananda Expanded Italic and others) as artistic works under the Copyright Act, 1957. The Copyright Board ultimately rejected the applications, holding that typeface design does not constitute a work entitled to copyright protection.
S.R. Thorat Milk Products Pvt. Ltd. v.Sahyadri Dairy
The Bombay High Court allowed an appeal, granting S.R. Thorat Milk Products a temporary injunction against Sahyadri Dairy in a passing off suit. The court found that the Defendant's use of 'P.B. Thorat Milk,' coupled with highly similar packaging and trade dress (green diagonal lines, layout, font), was likely to deceive the public into believing their products were those of the Plaintiff. This ruling underscores the importance of protecting brand identity beyond just the name.
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