TRIPS Compliance

ITC Limited v. Philip Morris Products SA and Others

ITC Limited v. Philip Morris Products SA and Others

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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Hindusthan Lever Limited v. Godrej Soaps Limited and Others

Hindusthan Lever Limited v. Godrej Soaps Limited and Others

Court: High Court of Calcutta | Date of Decision: 11 April 1996 Citation: AIR 1996 CAL 367; (1997) 1 CALLT 123 (HC); 100 CWN 562; (1996) 100 Cal WN 562; (1997) 2 CivLJ 302 BACKGROUND The plaintiff, Hindusthan Lever Limited, is a leading Indian manufacturer of soaps, detergents, cleaning preparations, chemicals and fertilisers, holding over

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Passing Off in India – Elements, Evidence and Remedies

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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Trademark Infringement under Section 29 – A Complete Analysis

Trademark law exists to protect two distinct but related interests simultaneously. It protects the proprietor of a registered mark against the unauthorized use of that mark by others who would free-ride on the reputation and goodwill that the proprietor has built. And it protects consumers against confusion – against the risk that they will be

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