Significant judgments under the trademark act
Supreme Court of India | Civil Appeal Nos. 4767-4769 of 2001 Decided on 29 November 2017 Background P.M. Diesels Ltd. was the registered owner of three trademarks all carrying the words “Field Marshal.” The registrations dated back to 1964 and 1968 and covered the marks “Field Marshal,” “Field Marshal” in a specific lettering style and
Patel Field Marshal Agencies & Anr. v. P.M. Diesels Ltd. & Ors. Read More »
Bombay High Court | February 10, 2003 | 2004 (28) PTC 193 (Bom) S.J. Vazifdar, J. Background The trademark “M-Seal” has a long and well-documented history. It was first used in 1968 by Mahindra Van Wijk and Visser Ltd. in respect of epoxy resin compositions used for cementing cracks, holes and leaks in metal articles.
Pidilite Industries Ltd. vs. S.M. Associates & Ors. Read More »
Allahabad High Court | January 23, 1985 | AIR 1985 All 242 A. Banerji, J. Background Bata India Limited is one of India’s most iconic commercial names, having been associated with the manufacture and sale of footwear and related products since before the enactment of the Trade Marks Act, 1940. The name “Bata” derives from
Bata India Limited vs. Pyare Lal & Co., Meerut City & Ors. Read More »
Supreme Court of India | April 26, 1990 | 1990 Supp (1) SCC 727 M.N. Venkatachaliah, N.D. Ojha & J.S. Verma, JJ. Background Wander Ltd. was the registered proprietor of the trademark “Cal-De-Ce” in respect of vitaminsed Calcium Gluconate Tablets. In March 1986, Wander Ltd. entered into a manufacturing agreement with Antox India (P) Ltd.,
Bombay High Court | October 10, 1995 | Appeal from Order Nos. 1152, 1153 & 1154 of 1994 AIR 1996 Bom 149 Background The Kirloskar Group of Companies is one of India’s most storied industrial conglomerates, tracing its origins to 1888 when Laxmanrao Kashinath Kirloskar began a bicycle repair business in Belgaum. By 1920, the
Kirloskar Diesel Recon Pvt. Ltd. & Ors. vs. Kirloskar Proprietary Ltd. & Ors. Read More »
Supreme Court of India | September 8, 1969 | Civil Appeal No. 1274 of 1966 V. Ramaswami & J.C. Shah, JJ. Background Ruston & Hornsby Ltd., a company incorporated in England with its registered office at Lincoln, is engaged in the manufacture and sale of diesel internal combustion engines and their parts. Its Indian subsidiary,
Ruston & Hornsby Ltd. v. The Zamindara Engineering Co. Read More »
Supreme Court of India | May 18, 2007 | Civil Appeal No. 2756 of 2007 B.P. Singh & Harjit Singh Bedi, JJ. Background The trademark “Glucon-D” was originally registered in India in 1975 in the name of Glaxo Laboratories (Class 30 under the Trade and Merchandise Marks Act, 1958), though Glaxo had been using the
Court: Supreme Court of India Case No.: Civil Appeal (arising from Trade Mark Application proceedings) Decided on: 8 October 1959 Bench: Justice A.K. Sarkar, Justice J.L. Kapur, Justice S.K. Das Citation: AIR 1960 SC 142; (1960) 62 Bom LR 162; [1960] 1 SCR 968 Background The appellant, Corn Products Refining Co., was a corporation incorporated
Corn Products Refining Co. v. Shangrila Food Products Ltd. Read More »
Court: Supreme Court of India Case No.: Civil Appeal No. 3028 of 2004 Decided on: 6 May 2004 Bench: Justice Ruma Pal & Justice P. Venkatarama Reddi Judgment authored by: Justice Ruma Pal Citation: (2004) 6 SCC 145; AIR 2004 SC 3540 Background The appellant, Satyam Infoway Ltd., incorporated in 1995, registered several domain names
Satyam Infoway Ltd. v. Siffynet Solutions Pvt. Ltd. Read More »
Court: Supreme Court of India Case No.: Civil Appeal Nos. 5375-5377 of 2017 Decided on: 14 December 2017 Bench: Justice Ranjan Gogoi & Justice Navin Sinha Citation: Toyota Jidosha Kabushiki Kaisha v. M/S Prius Auto Industries Ltd. & Ors., (2018) 2 SCC 1 Background The Appellant, Toyota Jidosha Kabushiki Kaisha, is a Japanese automobile manufacturer
Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Limited & Ors. Read More »