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Intellectual Property IP Laws & IP Rights

 > Intellectual Property IP Laws & IP Rights

Case Analysis: Timken Company v. Timken Services Private Limited

Timken Company v. Timken Services Private Limited CS(OS) No.3 of 2010Facts: The plaintiff, Timken Company registered a suit praying permanent injunction restraining the defendant, Timken Services Private Limited from infringing former’s registered trademark, “Timken”. Timken company, incorporated in the United States of American is the legally registered proprietor of the given trademark, “Timken” and its earliest registration dates back to the 01st June, 1942. Plaintiff also has its trademark registered in some other countries including Canada, New Zealand, Singapore, Australia, The U.K & The U.S. The trademark was adopted by the plaintiff corporate around more than hundred years ago in...

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Case Analysis: Wander Limited v. Antox India (P) Limited

Wander Limited v. Antox India (P) Limited Civil Suit No. 1220 of 1988Facts: Wander Limited, one of the defendants claims to be the registered proprietor of the registered trademark Cal-De-Ce came into agreement with Antox India (P) Limited, the respondent on 28-February-1986. Under the given agreement Antox agreed to produce Vitamin Calcium Gluconate Tablets under the trademark Cal-De-Ce and consequently sell the entire produced material to Wander Limited. Consequent to the pursuant and the implementation of the given agreement, Antox India (P) Limited applied for the necessary license from the Drug Controller, registered under the Drugs and Cosmetics Act, 1940....

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Case Analysis: Tata Sons Limited v. Gina Kilindo

Tata Sons Limited v. Gina Kilindo CS (OS) No. 46 of 2014Facts: The Plaintiff is a body corporate founded in the year 1917 and the same is a principal investment holding corporate of the Tata Group. Tata Sons Limited is the founder of the popular trademark TATA along with a T within the circle device mark. While, the defendant is owner of Tata Agro Holding Ltd, another defendant and also a registrant of the impugned domains named, tataagro.com, tataagro.biz and tataagro.net, and tataagro.org. Now, it was alleged by the plaintiff that both the defendants were trying to draw the unwary...

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Case Analysis: S.B.L. Limited v. Himalaya Drug Company

S.B.L. Limited v. Himalaya Drug Company (AIR 1998 Del 126)Facts: The Plaintiff, Himalaya Drug Company, deals in the production and sale of Ayurvedic products since the year 1930. While, the defendant is also engaged in the manufacture and sale of both Homeopathic and Ayurvedic medicines. Now, one of the medicines prepared by the plaintiff company is a liver tonic under the trademark Liv-52. Now, this trademark was registered on 10th July, 1957 and 15th February 1987 in the class five as both medical proponent and medical pharmaceutical for the treatment of liver disease. Now contention of the plaintiff is against...

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Case Analysis: Allied Blenders & Distillers Private. Ltd. v. Shree Nath Heritage Liquor Private. Ltd

Allied Blenders & Distillers Private. Ltd. v. Shree Nath Heritage Liquor Private. Ltd CS (OS) No. 2589 of 2013Facts: The Plaintiff, M/s Allied Blenders & Distillers Private Limited deals in the manufacture and sale of an Indian Made Foreign Liquor, Officer’s Choice which is one of the most known trademarks of the plaintiff company and has thus acquired a goodwill for its premium quality, distinctive packaging and pleasant taste and flavour. While, the defendant, Shree Nath Heritage Liquor Private Limited is also engaged in the business of blending, production and sale of a similar kind & type...

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When an Application for Rectification of Trademark is Filed: Lawyers Advice

Trademarks are unique names, symbols, phrases or designs that can be represented graphically and can differentiate the business, product or service, of one company or person from that of others. The registration of a trademark of a product or service is significant for preventing any misuse of the same, thereby protecting the goodwill and reputation of the business. Rectification is a legal process through which any error or omission made in the details of the recorded trademark in the trademark registry, is corrected. The Trademarks Act, 1999 provides for rectification of registered trademarks in cases where the mark is wrongly...

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What is Trademark Opposition: Lawyers Advice

Trademarks are unique names, symbols, phrases or graphic designs that differentiates the business, product or service, of one company or person from that of others. It represents the identity of the company, and for the same reason, are registered under an application made under Section 18 of the Trademarks Act, 1999. However, a refusal known as ‘Opposition’ may be raised in the process of trademark registration. Rules 42 to 51 of the Trade Marks Rules, 2017 provide for the provisions concerning Opposition to Registration. If a trademark examiner reviews and approves the registration of a trademark, the mark will be...

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