Trade Marks Act 1999

Colgate Palmolive Company & Anr. vs. Anchor Health and Beauty Care Pvt. Ltd.

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Delhi High Court | J.D. Kapoor J. | 29 October 2003 108 (2003) DLT 51 | 2003(27)PTC478(Del) Background Colgate Palmolive Company (Plaintiff No. 1), a US-incorporated multinational and its Indian subsidiary/licensee Colgate Palmolive (India) Ltd. (Plaintiff No. 2) had been manufacturing and selling tooth powder in India since 1951 in distinctively shaped cans bearing a

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Colour Marks, Sound Marks and Non-Traditional Trademarks in India

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The history of trademark law is, in significant part, a history of expanding frontiers. What began as a system designed to protect word marks and simple devices the merchant’s mark stamped on goods to identify their origin has evolved over centuries into a framework broad enough, in principle, to accommodate almost any sign capable of

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ITC Limited v. Philip Morris Products SA and Others

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High Court of Delhi | Justice S. Ravindra Bhat | 7 January 2010 I.A. Nos. 12940/2009, 12941/2009 & 12942/2009 in CS(OS) 1894/2009   BACKGROUND The plaintiff, ITC Limited, is described in the pleadings as one of India’s largest private sector companies with an annual turnover of Rs. 23,144 crores, engaged in diverse businesses including hotels,

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Passing Off in India – Elements, Evidence and Remedies

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The law of passing off occupies a foundational position in the Indian intellectual property landscape. It is the common law action through which traders protect the goodwill and reputation they have built in their unregistered marks, trade names, get-up and other indicia of commercial identity against misappropriation by competitors who seek to exploit that reputation

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Starbucks Corporation v. Star Bucks Café & Anr.

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Delhi High Court | CS(COMM) 564/2022 & I.A. 12961/2022 Summons issued: 22 August 2022 | Final Order: 30 November 2022 Judge: Justice Amit Bansal Citation: CS(COMM) 564/2022 (Delhi High Court IPD) Background Starbucks Corporation is a company incorporated under the laws of the State of Washington in the United States of America. Its predecessor opened

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