TRADEMARKS

The Delhi High Court in a case [1]  restrained Mr. Akash Verma, who was alleged by INDIAMART for duping innocent people and deceiving them to believe their services to be belonging to INDIAMART by using INDIAMART’s name/logo/trademark. INDIAMART is a B2B internet-based marketplace with free and paid listings of various industry/product/services, since the year 1996.

The Delhi High Court in a case [1] restrained M/s Super Shine Industries from using the registered trademarks ‘Harpic’ and ‘Colin’ of Reckitt Benckiser India Pvt Ltd (RB). RB argued that M/s Super Shine Industries is copying its trade dress comprising of artwork in the label and packaging of its products that will result in confusion amongst the public. The Delhi High Court in a case [2] restrained Mr. Roger Aoun from using the registered trademark ‘BLACK DIAMOND’ or any other similar mark as that M/S Babu Ram Om Prakash (BRO). BRO argued that it has been using registered trademark ‘BLACK DIAMOND’ since 1989 and also has a copyright registration of its trade dress and artistic work.

The Madras High Court in a case [3] permanently restrained Thalapakattu Biriyani from using Trade Mark and Trading style ‘Thalappakatti Biriyani hotel’ owned by M/s. Thalappakatti Naidu Anandha Vilas Biriyani Hotel (TNAVBH). TNAVBH argued that he has restaurants in Dindigul, Coimbatore, Bathalagundu and in 42 places in Chennai and also has two branches in USA and also branches in France, Malaysia, Singapore, Colombo and UAE and any use of the mark “Thalappakatti” will result in confusion amongst the public. The court ordered Thalapakattu Biriyani to render an account of the profits earned through the sale of foods bearing the infringing trademark of ‘Thalapakattu’ and ordered them to surrender to TNAVBH, all unused goods with the infringing trademark on them for destruction. 

COPYRIGHT

The Bombay High Court in a case [1]  restrained  cigaretee  manufacturer Godfrey Philips (India) Limited from infringing the copyright of its rival ITC Limited’s product “FLAKE” packs. The court was of the view that there was substantial imitation of the artistic work appearing on “FLAKE” refine taste pack belonging to ITC Limited. 

PATENTS

 The Delhi High Court in a case 6 restrained Modern Insecticides Limited (MIL) from manufacturing, selling, distributing, developing,      importing, offering for sale, in any manner, directly or indirectly, commercializing or dealing in any product which infringes UPL Limited’ registered patent. UPL Limited argued that it is in the business of manufacturing insecticides, fungicides, herbicides, fumigant and rodenticides and alleged that MIL had an identical composition in its product. 

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