Delhi High Court | CS(OS) 1656/2005 | 17 September 2008 | S. Ravindra Bhat, J. Background The plaintiff, the University of Oxford – one of the world’s most recognized academic publishers – had been publishing educational books in India since 1912. In collaboration with the Jammu & Kashmir State Board of School Education and pursuant […]
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 | Decided: 19 December 2007 Bench: Justice A.H. Joshi Citation: (2008) 3 MLJ 599 Background Garware-Wall Ropes Ltd., the plaintiff-appellant, was the registered holder of two patents – “GSWR” and “Spiral Lock Systems” bearing Patent Nos. 196240 and 201177 respectively – relating to rope and wire systems used in infrastructure projects. The
Garware-Wall Ropes Ltd. v. A.I. Chopra & Another Read More »
Delhi High Court (Division Bench) | FAO(OS) 583/2011 & 584/2011 | 21 August 2012 | Pradeep Nandrajog & Manmohan Singh, JJ. Background Yashraj Films Pvt. Ltd., the respondent, held copyright in the sound recordings and cinematographic films of several commercially successful Bollywood productions, including Bunty Aur Babli, Nayak, Lagaan, Aks, Main Hoon Na, Salam Namaste,
India TV Independent News Service Pvt. Ltd. & Ors. v. Yashraj Films Pvt. Ltd. Read More »
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 »
A trademark application in India does not receive registration as a matter of course. Before a mark enters the Register of Trade Marks and the statutory rights of an exclusive proprietor crystallize, the application must pass through a rigorous examination process administered by the Trade Marks Registry. That examination is governed by two distinct categories
Absolute Grounds for Refusal under Section 9 of the Trade Marks Act, 1999 Read More »
The internet has fundamentally altered the economics and architecture of creative expression. Content that once required physical manufacture, distribution and retail can now be reproduced, transmitted and accessed globally within seconds, at virtually no cost. This transformation has been a gift to creators and audiences alike – but it has also made large scale copyright
A trademark is among the most commercially significant assets a business can possess. It is the sign by which consumers identify the source of goods or services, the vessel that carries a brand’s reputation and the legal instrument through which that reputation is defended. In India, the law governing the registration and protection of trademarks
Trademark Registration – The Complete Procedure under the Trade Marks Act, 1999 Read More »
Bombay High Court | Notice of Motion No. 2847 of 2010 | 14 October 2010 | Smt. Roshan Dalvi, J. Background Twentieth Century Fox Film Corporation, the plaintiff, held copyright in the script and screenplay of its 2002 Hollywood film Phone Booth. The copyright was originally authored by Larry Cohen and assigned to the plaintiff
Twentieth Century Fox Film Corporation v. Sohail Maklai Entertainment Pvt. Ltd. & Anr. 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 »
