Citation: CS (COMM) No. 100/2017 Decided On: 06.07.2018 Facts of the Case: The plaintiff has instituted this suit for perpetual injunction to restrain the two defendants, viz. Chandra Mani Tiwari and Mercykind Pharmaceuticals Pvt. Ltd., from infringing the plaintiff’s trade mark/trade name ‘MANKIND’ and series of marks with the suffix/prefix ‘KIND’ and from passing off […]
Citation: 2004 (12) SCC 624 Decided on: 07.05.2004 Facts of the Case: The Appellants are an Indian Pharmaceutical company. The Respondents are also a Pharmaceutical company which manufacture pharmaceutical products in several countries. The Respondents filed a Suit for an injunction based on an action for passing off in respect of mark “OCUFLOX” used on […]
Citation: 162(2009) DLT 371 Decided on: 15.07.2014 Facts of the Case: The petitioner is a corporation incorporated under the laws of United State of America (USA). Consequent to its research and development (R & D) activities the petitioner invented and developed its patented drug to enable its administration to human beings. The patented drug is […]
Decided On: 20.10.2009 Facts of the Case: Plaintiff was the largest brand of soft drinks operating in 200 countries. Defendant No.1, which was earlier known as Aqua Minerals Pvt. Ltd., was a part of Parle group of Industries. The owners of defendant, Mr. Ramesh Chauhan and Mr. Prakash Chauhan, on September 18, 1993, sold the […]
Citation: 2004 Supp(2) SCR 465 Decided On: 06.05.2004 Facts of the Case: The appellant which was incorporated in 1995 registered several domain names like www.sifynet, www.sifymall.com, www.sifyrealestate.com etc. in June 1999 with the internationally recognised Registrars, viz the Internet Corporation for Assigned Names and Numbers (ICANN) and the World Intellectual Property Organisation (WIPO). The word […]
Facts of the Case: There were two suits in this case. One by the plaintiff Bajaj Auto Limited which filed a suit under Section 108 of the Patents Act, 1970 for the relief of permanent injunction in respect of the plaintiff’s patent and/or from using the technology/invention described in the said patent and/or manufacturing, marketing, […]