Feature - Year 2016 - Judgments

Apr 07 2016 (HC)

Apple INC Vs. Rohit Singh and Another

Court: Delhi

Decided on: Apr-07-2016

..... calendar and clock etc to highlight that being descriptive of the functionality provided by these features being not capable of a trademark registration apple has not applied for a trademark ..... built functionalities such as mission control spot light and split view these individual integrated function features products are not available separately in other words split view by apple cannot be bought .....

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Nov 11 2016 (SC)

Jindal Stainless Ltd. and Anr. Vs. State of Haryana and Ors.

Court: Supreme Court of India

Decided on: Nov-11-2016

..... remains the same the basic structure may be said to consist of the following features supremacy of the constitution republican and democratic form of government secular character of the ..... court looks at the constitution holistically and keeps in view all important and significant features of the constitutional scheme constantly reminding itself of the need for a harmonious construction .....

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Jun 30 2016 (HC)

Reliance Industries Ltd. Vs. Concord Enviro Systems Pvt. Ltd.

Court: Mumbai

Decided on: Jun-30-2016

..... 12 that if the impugned mark contains a feature which is a striking feature which feature or similar one is present in the plaintiff ..... whose registration is sought contains the said distinguishing or essential feature or convey the same idea then ordinarily the registrar would ..... not be ignored especially when such dissimilarities are the essential features if one compares the rival logos as a whole it .....

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Jan 04 2016 (HC)

Win-Medicare Pvt Ltd. Vs. Galpha Laboratories Ltd. and Others

Court: Delhi

Decided on: Jan-04-2016

..... the trademark betadine comprising of unique get up layout colour scheme and arrangement of features closely resembling one another all forms of packaging bear the distinctive trade dress label ..... consisting primarily of a white background with dark blue lettering prominently featuring a two stripemark accompanied by the trademark betadine appearing on the label the two .....

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Jun 10 2016 (HC)

Ultratech Cement Limited and Another Vs. Dalmia Cement Bharat Limited

Court: Mumbai

Decided on: Jun-10-2016

..... a the word ultra forms a significant part or essential feature of the plaintiffs registered trade marks a mark is infringed ..... the plaintiffs not as descriptive but distinctive of the unique feature quality or character of the plaintiffs goods not claimed ..... whose registration was sought contained the same distinguishing or essential feature or conveyed the same idea it should rather refuse registration .....

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Sep 06 2016 (HC)

ITC Ltd Vs. Britannia Industries Ltd

Court: Delhi

Decided on: Sep-06-2016

..... learned senior counsel submitted that itc spackaging sunfeast farmlite digestive all good had certain uniquedistinctive features as under a the brand name sunfeast is written on the top left hand side ..... from that of the plaintiff mr chandra enlisted what he considered to be the distinctive features of the impugned packaging first the word britannia itself appeared prominently against a red background .....

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Oct 21 2016 (HC)

Petitioner Vs. Respondent

Court: Chennai

Decided on: Oct-21-2016

..... get up of the plaintiffs products are characterized by use of distinctive combination of features which impart distinctive getup to plaintiffs products as distinguished from those of other manufacturers ..... the same is entitled to protection as valuable intellectual property right against imitation these features constitute distinctive trade dress and get up which is entitled to protection as trade .....

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Aug 02 2016 (HC)

Exide Technologies Vs. Exide Industries Ltd. and Others

Court: Delhi

Decided on: Aug-02-2016

..... of the evidence that is placed before it ascertainment of an essential feature is not to be by ocular test alone it is impossible to ..... marks should not be kept side by side and compared the essential features of both marking were a girl with one arm raised and carrying ..... in the case of an action for passing off if the essential features of the trade mark of the plaintiff have been adopted by the .....

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May 27 2016 (SC)

Star Sports India Pvt Ltd. Vs. Prasar Bharti and Ors.

Court: Supreme Court of India

Decided on: May-27-2016

..... event match as played on the field but also certain enhancement in the form of features these features aid the viewer in better understanding and appreciating the game and as such enhance ..... live signals which the appellant would be sharing with prasar bharati shall contain certain added features comprising of commercial elements prasar bharati replied vide letter dated april 06 2013 informing the .....

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Oct 27 2016 (HC)

Fdc Limited vs.mr Anuj Pareek & Ors

Court: Delhi

Decided on: Oct-27-2016

..... mark whose registration is sought contains the same distinguishing or essential feature or conveys the same idea then ordinarily the registrar would ..... plaintiff i hold so as the unique and distinctive arrangement of features colour combination product get up layout and text has been ..... if one was not careful enough to note the peculiar features of the wrapper on the plaintiffs goods he might easily .....

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