Generic Term - Judgment Search Results

Consim Info Pvt. Ltd. Vs. Google India Pvt. Ltd.

Court: Chennai

..... a square circle or a flat mountain whether a term is a generic name is ultimately determined by majority public usage of the term a generic term is one that refers to the genus of ..... product rather than the producer the trademark is a generic term and cannot be a valid trademark 86 holding that though at times generic terms are also referred to as common descriptive names the .....

The Himalaya Drug Company Vs. M/S. S.B.L. Limited

Court: Delhi

..... the prescribed manner though undisputed fact is that liver is the generic term and not liv we are therefore unsure as to how ..... portion may be termed as generic component actually whether a particular mark is a generic mark or portion of the mark is generic component is ..... deciding the question of the liv being publici juris or generic component should have taken into account the conclusiveness of the .....

T.V. Venugopal Vs. Ushodaya Enterprises Ltd, and anr.

Court: Supreme Court of India

..... of relief on a passing off claim the user of a generic term must prove some false or confusing usage by the newcomer above ..... applicant s plaintiff s mark is invented arbitrary suggestive descriptive or generic the nature of the mark is always determined with respect ..... defendant is that adjectives are normally descriptive words and nouns are generic word however mccarthy has said that the said part of .....

Taylor Vs. United States

Court: US Supreme Court

..... various explosives offenses the one problem i see in using a specific generic term like burglary or arson that s fine for those statutes but ..... a lot of these newer explosives offenses don t have a single generic term that covers them and that is something that the committee may ..... reading and concluded that the defendants acts fell within the generic term extortion as used in the travel act id at 393 .....

Cadila Healthcare Ltd. Vs. Gujarat Co-operative Milk Marketing Federat ...

Court: Delhi

Reported in: 2009(41)PTC336(Del)

..... reasoning on gilson on trademarks edition 2007 and mccarthy on trade marks 2007 iii a generic term would answer the question what are you what is this if a powder of artificial ..... solutions is descriptive in nature of the services rendered by the defendant and is a generic term descriptive of the nature of services counsel for the defendant has justly relied on the .....

Polo/Lauren Company, L.P. Vs. Royal Classic Mills Private Limited and ...

Court: Intellectual Property Appellate Board IPAB

..... p no 103 2007 admitted that the word polo is descriptive and generic term as to the specification of goods in class 25 the learned counsel ..... polo is a dictionary word not devoid of meaning and is a generic term is unacceptable to the extent that the meaning of polo as contained ..... to m p no 103 2007 admitted that polo is descriptive and generic term as from the it is very clear that the appellant has .....

Collector of Customs Vs. Mansingka Brothers

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in: (1987)(13)LC717Tri(Kol.)kata

..... import export policy for 1983 84 it is a generic term all items falling under this generic term are banned in view of the provision of ..... is a generic term in our view palm fatty acid is not a generic term but it is a specific term fatty acid is a generic term the collector ..... and understand them in the usual course fatty acid is a generic term and not palm fatty acid btn heading 15 10 says fatty .....

M/S. Sree Annapoorna Agro Foods Represented by Its Proprietor Vs. Unio ...

Court: Chennai

..... country of many illiterate persons such a picturistic description and the generic term will clearly dupe the common man as can be seen ..... in any manner restricting the petitioner from using the common or generic name of the oil on the container receptacle pouches packages ..... new wrappers even where the term blended edible vegetable oil was shown in small types whereas the generic name i e gingelly oil .....

Himalaya Drug Co. Vs Sbl Limited

Court: Delhi

..... which enjoy a higher degree of protection to marks that are suggestive descriptive or comprising generic terms the latter according to the defendant do not enjoy protection on this scale kodak will ..... cited mark did not prevent likely confusion because it was proper to accord such a generic term less weight in judging the similarity of the marks 54 likewise in gilson on trademarks .....

indo-pharma Pharmaceutical Works Ltd. Vs. Citadel Fine Pharmaceuticals ...

Court: Chennai

Reported in: (1998)3MLJ214

..... used as a prefix in the both the trade names is the abbreviation of the generic term of the english word energy as such it is descriptive in nature and common in ..... still conveys to the buyer the original generic connotation of the abbreviated name is still generic if the abbreviation is not recognisable as that original generic term then the abbreviation is like a fanciful .....