Reputatively - Year 2016 - Judgments

Jul 20 2016 (HC)

Raymond Limited Vs. Raymond Pharmaceutical Pvt. Ltd.

Court: Mumbai

Decided on: Jul-20-2016

..... considerations to be borne in mind while considering the detriment to the distinctive character and repute of the mark applying the aforesaid principles in the instant case mr khandekar submitted ..... of defendant was deceptively similar he submitted that the plaintiffs have established their goodwill and reputation in the market and that is sufficient to maintain an action in passing off furthermore .....

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Sep 19 2016 (HC)

Advance Magazine Publishers, Inc. and Another Vs. M/s. Just Lifestyle ...

Court: Mumbai

Decided on: Sep-19-2016

..... due cause and resulting into unfair advantage of and detriment to the distinctive character and reputation of the plaintiffs registered trade mark the plaintiffs are entitled to an injunction though the ..... are known largely for the collection and range of watches and writing instruments belonging to reputable brands prima facie without anything else the goods of the plaintiffs covered by the .....

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Dec 23 2016 (HC)

Prius Auto Industries Ltd & Ors vs.toyota Jidosha Kabushiki Kaisha

Court: Delhi

Decided on: Dec-23-2016

..... of toyota iii the appellants have displayed on their brochures trade marks of other well reputed companies manufacturing and selling motor vehicles such as general motors hyundai motors and mahindra ..... the registration subsists rectification proceedings are still pending toyota has failed to establish trans border reputation of its trade mark prius in india when appellants adopted the same we have .....

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Jan 28 2016 (HC)

MAC Personal Care Pvt. Ltd. and Another Vs. Laverana GMBH and Co. KG a ...

Court: Delhi

Decided on: Jan-28-2016

..... learned single judge has considered i whether the respondent prima facie established a transborder reputation ii whether the principle that a party having knowledge that another party has ..... against a single registration registrations in multiple jurisdictions create an even stronger presumption that reputation inures in favour of the trademark 20 if international magazines journals and publications .....

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Dec 24 2016 (HC)

M/S Az Tech (India) & Anr. Vs.m/s Intex Technologies (India) Ltd. & An ...

Court: Delhi

Decided on: Dec-24-2016

..... 999 to rs 3999 6 the plaintiffs further claim that their goods have acquired goodwill reputation in india owing to their products being of superior quality reliability durability high performance ..... submissions that being the prior user of the mark aqua and having established goodwill and reputation therein the plaintiffs are entitled to an interim injunction against the defendants she submits that .....

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Sep 06 2016 (HC)

ITC Ltd Vs. Britannia Industries Ltd

Court: Delhi

Decided on: Sep-06-2016

..... the above background that the question whether this particular product of itc has acquired a reputation requires to be addressed the question whether the packaging of sunfeast farmlite digestive all good ..... prima facie that its product sunfeast farmlite digestive all good biscuit has acquired a growing reputation in a short span which is deserving of protection the aspect of deception and confusion .....

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Oct 07 2016 (HC)

The Financial Times Ltd. Vs.the Times Publishing House Ltd.

Court: Delhi

Decided on: Oct-07-2016

..... in the newspaper industry as an international financial newspaper with a very significant international reputation i that in addition to news ftl s newspaper financial times carries advertisements ..... to proceedings before registrar ipab including in formation of opinion of descriptive distinctive and reputation the cross examination of deponents of affidavit evidence thus does not serve much .....

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Oct 21 2016 (HC)

Petitioner Vs. Respondent

Court: Chennai

Decided on: Oct-21-2016

..... packaging presentation of the product through label etc constitute essential components of the goodwill and reputation of a commercial enterprise ref laxmikant patel william grant and sons ltd v mcdowell and ..... even otherwise a relief cannot be rejected on that sole basis in this case goodwill reputation damage confusion and deceit both likelihood and actual deception are available the concept of .....

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Jun 20 2016 (HC)

Eveready Industries India Limited Vs. Roshanlal Jain and Anr.

Court: Kolkata

Decided on: Jun-20-2016

..... company was changed and is now as eveready industries india limited the petitioner is a reputed consumer goods company and marketing the dry cell batteries flashlights electric bulbs packet tea and ..... due cause who takes unfair advantage of and causing detrimental to the distinctive character and repute of the registered trademark in view of categorical findings recorded by the division bench in .....

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Jul 15 2016 (HC)

Banana Brand Works Pvt. Ltd. Vs. Kavan Antani, Director, Bananabandy N ...

Court: Chennai

Decided on: Jul-15-2016

..... of class is not sufficient obviously the respondents are trying to take advantage of the reputation of the applicant and therefore there is a distinct advantage by creating an initial interest ..... to succeed under these provisions a registered mark holder has to not only prove its reputation but the distinctive character followed by undue advantage or detrimental activity without due cause all .....

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